1. 1 1 Reasonably Foreseeable Compliance Measures Sandi Potter Engineering Geologist

2. 22 Why do we consider options for compliance? “An agency…shall perform, at the time of the adoption of a rule or regulation requiring the installation of pollution control equipment, or a performance standard or treatment requirement, an environmental analysis of the reasonably foreseeable methods of compliance” CEQA §21159(a)

3. 33 Required Analysis  The environmental analysis shall, at minimum, include all of the following for each alternative compliance measure:  An analysis of reasonably foreseeable alternative means of compliance with the rule or regulation  An analysis of the reasonably foreseeable environmental impacts of the methods of compliance  An analysis of reasonably foreseeable feasible mitigation measures CEQA §21159(a)

4. 44 The Environmental Analysis Must Consider…  A reasonable range of:  Environmental factors  Economic factors  Technical factors  Population and geographic areas  Specific sites “Nothing in this section shall require the agency to conduct a project level analysis” CEQA §21159(c) and (d)

5. 55 Level of analysis… “In the preparation of this analysis, the agency may utilize numerical ranges or averages where specific data is not available; however, the agency shall not be required to engage in speculation or conjecture.” CEQA §21159(a)

6. 66 What is a Compliance Measure?  An on-the-ground action to implement the TMDL  An action by which a discharger might comply with a regulation, performance standard, or treatment requirement  Examples  Installation of trash interceptor  Repair of eroding roads  Isolation or removal of mine waste CEQA §21159(a)

7. 77 Present a Range of Compliance Measures  You need only include a reasonable range, not every conceivable compliance option  No need to consider every subtle variation on a given compliance measure

8. 88 What is Reasonable?  Standard BMPs in common use  Proven technology  Documented and readily available innovative techniques

9. 99 What May Not be Reasonable?  Untested technology or technology in very early stages of development  A very costly compliance option when there are many more economical options available  Explain in the SED why suggested compliance measures were not considered

10. 1010 What is Feasible? “’Feasible’ means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.” Guidelines §15364

11. 1111 Economic Considerations  For other types of “projects” CEQA focuses only on environmental impacts or social and economic impacts only to the extent that they result in secondary, indirect environmental impacts  When we require a “performance standard” we need to consider economic factors (CEQA §21159(c))

12. 1212 Economic Analysis  Remember…  Your cost estimate will be based on your list of reasonably foreseeable compliance measures  If you develop your list in the impacts section you will have consistency throughout your analysis  We have a session dedicated to Economics later today

13. 1313 Determining Potential Impacts of Compliance Measures  Develop a list of compliance measures from implementation plan  Determine environmental impacts for each compliance measure  Recommend mitigation measures to reduce impacts

14. 1414 Examples of Implementation Requirements from TMDL Implementation Plans (1) Reduce erosion from roads by 50% (2) Prohibit discharges of human waste from all vessels (3) Reduce erosion from mine waste

15. 1515 Impacts & Mitigation Measures Abandoned mine site, Marin County

16. 1616 Examples: Reasonably Foreseeable Compliance Measures Implementation Action Compliance Measure Reduce Erosion from Mine Waste  Re-grade and plant  Remove, bury and cap on site  Remove and dispose off site

17. 1717 Examples: Environmental Impacts Implementation Action Compliance Measure Environmental impacts Reduce Erosion from Mine Waste Remove and dispose of off-site Earthmoving could cause dust Haul trucks could increase traffic and noise

18. 1818 Impacts and Mitigation Measures Major redevelopment project, Monterey County

19. 1919 Possible Mitigation Measures Action Compliance Measure Impacts Mitigation Measures Reduce Erosion from Mine Waste Remove and dispose offsite Earthmoving could cause dust Haul trucks could increase traffic and noise Daily watering of bare soil Implement traffic control measures Implement noise reduction measures

20. 2020 Mitigation Measures Watering and dust control during grading

21. 2121 Summary  Translate your TMDL implementation plan actions into likely on-the-ground compliance measures  Document your rationale for determining that compliance measures being evaluated are “reasonably foreseeable”  Identify impacts associated with compliance measures  List possible mitigation measures to reduce or eliminate impacts

22. 2222 What’s Next?  Training exercises to practice identifying reasonable foreseeable compliance measures and environmental impacts & mitigation measures  Breakout sessions after lunch today (compliance measures) and tomorrow morning (impacts and mitigations)  Bioaccumulatives  Nutrient/Pathogens  Sediment/Temperature  Trash

23. 2323 Questions?