Reasonably Foreseeable Compliance Measures

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Reasonably ForeseeableCompliance Measures

• Sandi PotterEngineering Geologist

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Why do we consider options for compliance?

• An agencyshall 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)
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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

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CEQA 21159(a)
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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

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CEQA 21159(c) and (d)
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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)
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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

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CEQA 21159(a)
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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

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What is Reasonable?

• Standard BMPs in common use
• Proven technology
• Documented and readily available innovative
  techniques

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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

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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
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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))

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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

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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

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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

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Impacts Mitigation MeasuresAbandoned mine
site, Marin County
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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
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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
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Impacts and Mitigation MeasuresMajor
redevelopment project, Monterey County
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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
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Mitigation MeasuresWatering and dust control
during grading
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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

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Whats 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

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Questions?
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