On June 2, 2010, the San Francisco Bay Area Air Quality Management District (BAAQMD) adopted CEQA thresholds of significance for greenhouse gas emissions. BAAQMD can certainly be seen as a trailblazer, as the agency is the first air district in the state to establish quantitative thresholds of non-stationary sources. BAAQMD adopted two quantitative thresholds: a “bright line” threshold of 1,100 MT CO2e/year; and an “efficiency” threshold of 4.6 MT CO2e/“service population.” BAAQMD also approved a qualitative threshold based on consistency with a qualified greenhouse gas reduction strategy or similar program. These thresholds apply prospectively; thus, for any projects that were pending before June 2, a lead agency can choose not to apply the thresholds. BAAQMD developed these thresholds through a rigorous process that yielded its share of friends and foes. Of note is the positive feedback from the California Attorney General’s Office, which supports the adopted thresholds because they are devised to meet clearly identified, quantifiable objectives that are linked to the goals of the Global Warming Solutions Act of 2006, commonly known as AB 32.

A more detailed discussion of the recently adopted thresholds can found in the July 2010 issue of the California Land Use Law & Policy Reporter, available at: http://www.argentco.com/htm/n20020101.123890.htm. The feature article, entitled “The San Francisco Bay Area Air Quality Management District Adopts Stringent CEQA Thresholds of Significance for Greenhouse Gas Emissions,” was written by Tiffany K. Wright, a partner at Remy Thomas Moose & Manley, LLP.

On May 5, 2010, the US Environmental Protection Agency (EPA) published a final rule (see 75 FR 24409) that, among other things, officially reclassified the Sacramento Metro (Metro) area with respect to its non-attainment status in relation to the 1997 8-hour ozone national ambient air quality standard (NAAQS). While the area previously had been designated “serious,” it is now “severe-15” as of June 4, 2010. As a result of this reclassification, by June 4, 2011, the Metro portion of the California State Implementation Plan (SIP) must be revised to make it consistent with New Source Review requirements for 8-hour ozone in “severe-15” areas. This revision will cover the Sacramento Metropolitan Air Quality Management District (AQMD), the Placer County Air Pollution Control District, and the Feather River AQMD. EPA deferred setting a deadline for revising the Metro section of the California SIP to meet the provisions of Clean Air Act section 185, which deals with enforcement against “severe” ozone non-attainment. The final rule required no other SIP revisions.

This action by EPA is part of a long-term effort to bring the Metro area into attainment of 8-hour ozone NAAQS “as expeditiously as practicable, but not later than” June 15, 2019. The rule’s more immediate impact is on general conformity applicability thresholds. For projects that involve federal funding or approval, and that are subject to review under either the California Environmental Quality Act (CEQA) or the National Environmental Policy Act (NEPA), the thresholds for both nitrogen oxides and reactive organic gases are lowered from 50 tons per year to 25 tons per year. In addition, the Metro area’s new non-attainment designation will need to be included in the description of existing air quality conditions in environmental documents.

The State Senate Committee on Local Government has released the first draft of its annual memo summarizing bills that the Committee reviewed during the legislative year. The 2010 edition includes measures reducing the population threshold for counties to regulate fire companies and creating the Future Sustainable Communities Pilot Project. It does not contain any significant adjustments to CEQA. The final version of the memois scheduled be released in early October, after Governor Schwarzenegger has had a chance to act on bills that are still pending. The full text of the memo’s first draft can be found at the Committee’s website: http://senweb03.senate.ca.gov/committee/standing/LOCAL_GOV/GREATESTHITS2010.htm