APPENDIX D 2018 FINAL ENVIRONMENTAL IMPACT REPORT – AB 617 EXPEDITED BEST AVAILABLE RETROFIT CONTROL TECHNOLOGY (BARCT) IMPLEMENTATION SCHEDULE Response to Comments for the Final Environmental Impact Report for the Bay Area Air Quality Management District AB 617 Expedited BARCT Implementation Schedule Project State Clearing House Number: 2018082003 Prepared for: Bay Area Air Quality Management District 375 Beale St., Suite 600 San Francisco, CA 94105 Contact: David Joe (415) 749-8623 Prepared By: Environmental Audit, Inc. 1000-A Ortega Way Placentia, CA 92870 Contact: Debra Bright Stevens (714) 632-8521 December 2018 This page intentionally left blank. TABLE OF CONTENTS Response to Comments Table of Contents Page No. 1.0 Introduction .......................................................................................................... 1-1 1.1 Format of this Document ..................................................................................... 1-1 1.2 CEQA Requirements Regarding Comments and Responses .............................. .1-2 2.0 Comments Received on the Draft EIR ................................................................. 1-3 3.0 Responses to Comments ...................................................................................... 1-4 4.0 Changes to the Draft EIR ................................................................................... 1-14 TABLES: Table 2-1 Comment Letters with Responses Prepared .............................................. 1-3 i AB 617 Expedited BARCT Implementation Schedule This page intentionally left blank. ii RESPONSE TO COMMENTS 1.0 INTRODUCTION This Final Environmental Impact Report (FEIR) has been prepared in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and the CEQA Guidelines (California Code of Regulations Section 15000 et seq.). According to CEQA Guidelines, Section 15132, the FEIR shall consist of: • The Draft Environmental Impact Report (DEIR) or a revision of the Draft; • Comments and recommendations received on the DEIR either verbatim or in summary; • A list of persons, organizations, and public agencies comments on the DEIR; • The responses of the Lead Agency to significant environmental points raised in the review and consultation process; and, • Any other information added by the Lead Agency. This Response to Comments, together with other portions of the DEIR as revised, constitutes the FEIR for the proposed AB 617 Expedited Best Available Retrofit Control Technology (BARCT) Implementation Schedule. The DEIR contains a detailed project description, the environmental setting for each of the environmental resources topic areas where the Notice of Preparation and Initial Study (NOP/IS) determined there was a potential significant adverse impact, an analysis of the potentially significant environmental impacts including cumulative impacts, project alternatives, mitigation measures, and other areas of discussion as required by CEQA. The discussion of the project- related and cumulative environmental impacts included a detailed analysis of air quality, hazards and hazardous materials, and hydrology and water quality. The DEIR was released on October 23, 2018 and circulated for a 45-day public review and comment period that ended on December 7, 2018. The DEIR is available at the Bay Area Air Quality Management District (BAAQMD), 375 Beale Street, Suite 600, San Francisco, California 94105. Copies can also be obtained by accessing the BAAQMD's website at http://www.baaqmd.gov/ab617barct. The BAAQMD received one comment letter on the Draft EIR during the public comment period. The comment letters and responses to the comments raised in those letters are provided in this document. The comments are bracketed and numbered. The related responses are identified with the corresponding number and are included following each comment letter. 1.1 FORMAT OF THIS DOCUMENT The Final EIR for the Expedited BARCT Implementation Schedule consists of the Draft EIR and its technical appendices; the Responses to Comments included herein; and other written documentation prepared during the EIR process. The District would also consider adoption of a Statement of Findings of Fact and a Statement of Overriding Considerations as part of the approval process for the Project. 1 AB 617 Expedited BARCT Implementation Schedule This Response to Comments document is organized as follows: • Section 1 provides a brief introduction to this document. • Section 2 identifies the Draft EIR commenters. • Section 3 provides responses to substantive comments received on the Draft EIR. Responses are provided in the form of individual responses to comment letters received. Comment letters are followed immediately by the responses to each letter. • Section 4 presents clarifications to the Draft EIR, identifying revisions to the text of the document. 1.2 CEQA REQUIREMENTS REGARDING COMMENTS AND RESPONSES CEQA Guidelines Section 15204 (a) outlines parameters for submitting comments, and reminds persons and public agencies that the focus of review and comment of DEIRs should be “on the sufficiency of the document in identifying and analyzing possible impacts on the environment and ways in which significant effects of the project might be avoided or mitigated. Comments are most helpful when they suggest additional specific alternatives or mitigation measures that would provide better ways to avoid or mitigate the significant environmental effects. At the same time, reviewers should be aware that the adequacy of an EIR is determined in terms of what is reasonably feasible. CEQA does not require a lead agency to conduct every test or perform all research, study, and experimentation recommended or demanded by commenters. When responding to comments, lead agencies need only respond to significant environmental issues and do not need to provide all information requested by reviewers, as long as a good-faith effort at full disclosure is made in the EIR.” CEQA Guidelines Section 15204 (c) further advises, “Reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered significant in the absence of substantial evidence.” Section 15204 (d) also states, “Each responsible agency and trustee agency shall focus its comments on environmental information germane to that agency’s statutory responsibility.” Section 15204 (e) states, “This section shall not be used to restrict the ability of reviewers to comment on the general adequacy of a document or of the lead agency to reject comments not focused as recommended by this section.” 2 AB 617 Expedited BARCT Implementation Schedule 2.0 COMMENTS RECEIVED ON THE DRAFT EIR In accordance with the State CEQA Guidelines Section 15132, the following is a list of public agencies, organizations, individuals, and businesses that submitted comments on the Draft EIR received as of close of the public review period on December 7, 2018. Comments have been numbered and responses have been developed with corresponding numbers. TABLE 2-1 Comment Letters with Responses Prepared Comment Commenter Date Letter Received 1 Gordon Johnson, Shell Oil Products, U.S. Martinez Refinery 12/7/18 3 AB 617 Expedited BARCT Implementation Schedule 3.0 RESPONSES TO COMMENTS This section includes responses to all substantive environmental issues raised in comments received on the Expedited Best Available Retrofit Control Technology (BARCT) Implementation Schedule. Responses are provided for each of the comments received. This section is formatted so that the respective comment letters are followed immediately by the corresponding responses. Comment letters and specific comments are given letters and numbers, respectively, for reference purposes. 4 AB 617 Expedited BARCT Implementation Schedule Comment Letter No. 1 1-1 1-2 5 AB 617 Expedited BARCT Implementation Schedule 1-2 cont.. 6 AB 617 Expedited BARCT Implementation Schedule 7 AB 617 Expedited BARCT Implementation Schedule 1-3 1-4 1-5 8 AB 617 Expedited BARCT Implementation Schedule 1-5 cont. 1-6 1-7 9 AB 617 Expedited BARCT Implementation Schedule 1-7 cont. 1-8 1-9 1-10 10 AB 617 Expedited BARCT Implementation Schedule 1-10 cont. 1-11 1-12 11 AB 617 Expedited BARCT Implementation Schedule Comment Letter No. 1 Gordon Johnson Shell Oil Products, U.S. – Martinez Refinery Response No. 1-1 Comment 1-1 is an introductory comment indicating that the letter provides comments on the Expedited Best Available Retrofit Control Technology (BARCT) Draft Environmental Impact Report (DEIR) and Staff Report. The comment indicates that the comments provided by Shell on October 5, 2018 for the Initial Staff Report are still applicable to the Staff Report. The comment does not address any issue related to the DEIR and no response is required. Response No. 1-2 Response 1-2 summarizes the conclusions in the DEIR with respect to water demand impacts, which reported that water demand impacts were potentially significant. The comment further indicates that generating up to 300 gallons per minute of new wastewater would require upgrades to Shell’s existing wastewater infrastructure and revisions to Shell’s NPDES permit, and suggests that the EIR include a more complete analysis of water quality impacts or conclude that water quality impacts are potentially significant. Shell’s comment incorrectly