# Antelope Valley Air Quality Management District

Final 

# Staff Report Adoption of the Federal Negative Declarations for Three Source Categories

Adopted on October 19, 2010

43301 D IVISION 

### S T 

### ., S UITE 

### 206, L ANCASTER 

### , C ALIFORNIA 

### 93535-4649 P HONE 

### (661) 723-8070 FAX (661) 723-3450This page intentionally left blank.AVAQMD Fed. Neg. Dec. TC-1

Final Staff Report, 11/05/2010 

### STAFF REPORT TABLE OF CONTENTS Federal Negative Declarations for Three CTG Source Categories

I. PURPOSE OF STAFF REPORT .....................

................................................... .................... 1 II. EXECUTIVE SUMMARY...........................

................................................... ....................... 1 III. STAFF RECOMMENDATION ........................

................................................... .................. 2 IV. LEGAL REQUIREMENTS CHECKLIST .................

................................................... ........ 3 V. DISCUSSION OF LEGAL REQUIREMENTS.............

................................................... ..... 4 A. REQUIRED ELEMENTS/FINDINGS......................

................................................... ...... 4 1. State Findings Required for Adoption of Rules & Regulations ..................................... 4 a. Necessity.......................................

................................................... ........................... 4 b. Authority.......................................

................................................... ........................... 4 c. Clarity .........................................

................................................... ............................. 5 d. Consistency.....................................

................................................... ......................... 5 e. Non-duplication .................................

................................................... ...................... 5 f. Reference .......................................

................................................... .......................... 5 g. Public Notice & Comment, Public Hearing.........

................................................... .... 5 2. Federal Elements (SIP Submittals, Other Federal Submittals)....................................... 5 a. Satisfaction of Underlying Federal Requirements.

................................................... .. 6 b. Public Notice and Comment .......................

................................................... ............. 6 c. Availability of Document ........................

................................................... ................ 6 d. Notice to Specified Entities ....................

................................................... ................. 6 e. Public Hearing ..................................

................................................... ....................... 6 f. Legal Authority to Adopt and Implement..........

................................................... ...... 6 g. Applicable State Laws and Regulations Were Follo wed............................................ 6 B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS ....... ..................................... 7 C. ECONOMIC ANALYSIS ...............................

................................................... ................ 7 1. General.........................................

................................................... ................................ 7 2. Incremental Cost Effectiveness..................

................................................... .................. 7 D. ENVIRONMENTAL ANALYSIS (CEQA)...................

................................................... . 8 E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS ............. ........................................ 8 1. Potential Environmental Impacts.................

................................................... ................ 8 2. Mitigation of Impacts...........................

................................................... ........................ 8 3. Alternative Methods of Compliance...............

................................................... ............. 8 F. PUBLIC REVIEW...................................

................................................... ........................ 8 VI. TECHNICAL DISCUSSION ........................

................................................... ..................... 8 E. SIP HISTORY .....................................

................................................... ............................ 9 1. SIP History....................................

................................................... .............................. 9 2. SIP Analysis....................................

................................................... ............................. 9 Appendix A – Federal Negative Declarations .........

................................................... ................ A-1 Appendix B - Public Notice Documents...............

................................................... ................... B-1 Appendix C - Public Comments and Responses.........

................................................... ............. C-1 Appendix D - California Environmental Quality Act D ocumentation ....................................... D-1 Appendix E - Bibliography..........................

................................................... .............................E-1TC-2 AVAQMD Fed. Neg. Dec. Final Staff Report, 11/05/2010 This page intentionally left blank.AVAQMD Fed. Neg. Dec. 1

Final Staff Report, 11/05/2010 

### STAFF REPORT Federal Negative Declarations for Three CTG Source Categories

I. PURPOSE OF STAFF REPORT

A staff report serves several discrete purposes. I ts primary purpose is to provide a summary and background material to the members of the Governing Board. This allows the members of the Governing Board to be fully informed before making any required decision. It also provides the documentation necessary for the Governing Board to make any findings, which are required by law to be made prior to the approval or adoption of a document. In addition, a staff report ensures that the correct procedures and proper docu mentation for approval or adoption of a document have been performed. Finally, the staff r eport provides evidence for defense against legal challenges regarding the propriety of the app roval or adoption of the document.

II. EXECUTIVE SUMMARY

The Antelope Valley Air Quality Management District (AVAQMD) Governing Board is being requested to conduct a public hearing, make finding s, and then adopt a resolution adopting the Federal Negative Declarations for Three Source Categories and directing staff actions. These “Federal Negative Declarations” (FNDs) are differen t from the Negative Declarations associated with the California Environmental Quality Act (CEQA ). Instead, these FNDs, once adopted by the Governing Board, will serve as official certifi cation to the United States Environmental Protection Agency (USEPA) that there are no station ary sources or emitting facilities in these categories located within the AVAQMD.

Adoption of the FNDs will satisfy the specific fede ral requirement described below. Their adoption does not satisfy any other state or federa l requirements imposed upon the District. There are no emission reductions associated with th is action because it does not change any existing rules or regulations.

The Federal Clean Air Act (FCAA) requires areas des ignated non-attainment and classified moderate and above to implement Reasonably Availabl e Control Technology (RACT) for sources subject to Control Technique Guidelines (CT G) documents issued by the USEPA for “major sources” of volatile organic compounds (VOCs ) and oxides of nitrogen (NO x ) which are ozone precursors. For those source categories not represented within the AVAQMD, USEPA requires the submission of a “Negative Declaration” certifying that those sources are not present. These Federal “Negative Declarations” are revisions to the State Implementation Plan (SIP). The Federal Negative Declarations for 51 Source Categor ies was adopted by the AVAQMD on September 19, 2006. The Federal Negative Declarations for Three Source Cate gories must be adopted to account for three additional source cate gories at the request of USEPA not addressed in the previous action. These three source categor ies are: Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Co ating) (61 FR 44050, 8/27/96) (Also see

“ Alternative Control Technique Document: Surface Coa ting Operations at Shipbuilding and Ship Repair Facilities ( EPA-453/R-94-032, 4/94)) ; Control of Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks (EPA-450/2-77-036, 12/77); and Control of2 AVAQMD Fed. Neg. Dec. Final Staff Report, 11/05/2010 Volatile Organic Emissions from Petroleum Liquid St orage in External Floating Roof Tanks (EPA-450/2-78-047, 12/78).

III. STAFF RECOMMENDATION

Staff recommends that the Governing Board of the AV AQMD, after conducting a public hearing, adopt the Federal Negative Declarations for Three Source Cate gories. Such action is necessary to satisfy the federal requirements for s ubmission of FNDs for each source category not represented within the District covered by a CT G or which meets the definition of a major

source.
The Governing Board of the Antelope Valley Air Qual ity Management District adopted the Federal Negative Declarations for Three Source Cate gories on October 19, 2010.AVAQMD Fed. Neg. Dec. 3

Final Staff Report, 11/05/2010 IV. LEGAL REQUIREMENTS CHECKLIST

The findings and analysis as indicated below are re quired for the procedurally correct adoption of the Federal Negative Declarations for Three Source Cate gories. Each item is discussed, if applicable, in Section V below. Copies of document s are included in the appropriate Appendix.

FINDINGS REQUIRED FOR RULES & REGULATIONS:

X Necessity

X Authority

X Clarity

X Consistency

X Non-duplication

X Reference

X Public Notice & Comment

X Public Hearing

REQUIREMENTS FOR STATE IMPLEMENTATION PLAN SUBMISSION (SIP):

X Public Notice & Comment

X Availability of Document

X Notice to Specified Entities (State, Air Districts, USEPA, Other States)

X Public Hearing

X Legal Authority to adopt and implement the document.

X Applicable State laws and regulations were followed. ELEMENTS OF A FEDERAL SUBMISSION:

X Elements as set forth in applicable Federal law or regulations.

CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS (CEQA):

N/A Ministerial Action

X Exemption

N/A Negative Declaration

N/A Environmental Impact Report

X Appropriate findings, if necessary.

X Public Notice & Comment

SUPPLEMENTAL ENVIRONMENTAL ANALYSIS (RULES & REGULATIONS ONLY):

X Environmental impacts of compliance.

N/A Mitigation of impacts.

N/A Alternative methods of compliance.

OTHER:

X Written analysis of existing air pollution control requirements

X Economic Analysis

X Public Review4 AVAQMD Fed. Neg. Dec. Final Staff Report, 11/05/2010 V. DISCUSSION OF LEGAL REQUIREMENTS

A. REQUIRED ELEMENTS/FINDINGS

This section discusses the State of California stat utory requirements that apply to the adoption of the Federal Negative Declarations for Three Source Cate gories (specifically: Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating) (61 FR 44050, 8/27/96) (Also see “ Alternative Control Technique Document: Surface Coating Operations at Shipbuilding and Ship Repair Facilities ( EPA-453/R-94- 032, 4/94)) ; Control of Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks (EPA-450/2-77-036, 12/77); and Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks (EPA-450/2- 78-047, 12/78). Since this document is required to be adopted pursuant to public notice and other requirements under 42 USC 7410(a)(2), the District considers the rule adoption process pursuant to Health & Safety (H&S) Code §407 02 to be a proper way to meet these requirements. Therefore, these are actions, that need to be performed, and/or information, that must be provided in order to adop t this document in a procedurally
correct manner.
1. State Findings Required for Adoption of Rules & Regulations

Before adopting, amending, or repealing a rule or r egulation, the District Governing Board is required to make findings of nec essity, authority, clarity, consistency, non-duplication, and reference based u pon relevant information presented at the hearing. The information below is provided to assist the Board in making these findings.

a. Necessity

The adoption of the Federal Negative Declarations for Three Source Categories is necessary because these source categories are not represented within the AVAQMD because the AVAQM D has been designated nonattainment for ozone and its pre cursors and USEPA requires the submission of a FND certifying t hat these sources are not present. The Federal Negative Declarations for 51 Source Categories was adopted by the AVAQMD on September 19, 2006. The Federal Negative Declarations for Three Source Categories is being adopted at the specific request of USEPA to cover three categories not addressed in the previou s action.

b. Authority

AVAQMD has the authority pursuant to California H&S Code §40702, 40725-40728 to adopt, amend or repeal rules and regulations and to do such actions that are necessa ry or proper to execute the powers and duties granted to and impose d upon AVAQMD.AVAQMD Fed. Neg. Dec. 5

Final Staff Report, 11/05/2010

c. Clarity

The adoption is clear in that it is written so that the FND certifying that these types of sources are not present within the District is easily understood.

d. Consistency

The adoption of the Federal Negative Declarations for Three Source Categories is in harmony with, and not in conflict with or contradictory to any state law or regulation, feder al law or regulation, or court decisions. USEPA has specific ally requested the adoption of a FND for these three source catego ries.

e. Non-duplication

The adoption of the Federal Negative Declarations for Three Source Categories does not impose the same requirements as an existing state or federal law or regulation because federal law requires the adoption and certification of “Negativ e Declarations” for those source categories not represented within the AVAQMD.

f. Reference

The District has the authority pursuant to H&S Code §40702 to adopt, amend or repeal rules and regulations and do such acts as necessary and proper to execute the powers and duti es granted to and imposed upon the District.

g. Public Notice & Comment, Public Hearing

Notice for the public hearing for the proposed adop tion of the Federal Negative Declarations for Three Source Cate gories was published September 13, 2010. See Appendix “B” for a copy of the public notice. See Appendix “C” for copies of comm ents, if any, and AVAQMD responses.

2. Federal Elements (SIP Submittals, Other Federal Submittals)

Submittals to USEPA are required to include various elements depending upon the type of document submitted and the underlying f ederal law, which requires the submittal. The information below indicates whi ch elements are required for the adoption of the Federal Negative Declarations for Three Source Cate gories and how they were satisfied.6 AVAQMD Fed. Neg. Dec. Final Staff Report, 11/05/2010 a. Satisfaction of Underlying Federal Requirements

The adoption of the Federal Negative Declarations for Three Source Categories is subject to all the requirements for a SIP submittal because the “Negative Declarations” will be included in the AVAQMD SIP. The criteria for determining compl eteness of SIP submissions are set forth in 40 CFR Part 51, Ap pendix V, 2.0.

b. Public Notice and Comment

Notice for the public hearing for the proposed adop tion of the Federal Negative Declarations for Three Source Cate gories was published September 13, 2010. See Appendix “B” for a copy of the public notice.

c. Availability of Document

Copies of the proposed adoption of the Federal Negative Declarations for Three Source Categories and the accompanying draft staff report were made available to the publi c on or before September 15, 2010.

d. Notice to Specified Entities

Copies of the proposed adoption of the Federal Negative Declarations for Three Source Categories and the accompanying draft staff report were mailed to all affected agen cies, including but not limited to the California Air Resources Board ( CARB) and USEPA. The proposed amendments were sent to CARB a nd USEPA on or before September 8, 2010.

e. Public Hearing

A public hearing to consider the proposed adoption of the Federal Negative Declarations for Three Source Categories was held on October 19, 2010.

f. Legal Authority to Adopt and Implement

The AVAQMD has the authority pursuant to H&S Code § 40702 to adopt, amend, or repeal rules and regulations and t o do such acts as may be necessary or proper to execute the duties im posed upon the AVAQMD.

g. Applicable State Laws and Regulations Were Follo wed

Public notice and hearing procedures pursuant to H& S Code §§40725-40728 have been followed. See Section (V)( A)(1) aboveAVAQMD Fed. Neg. Dec. 7

Final Staff Report, 11/05/2010 for compliance with state findings required pursuan t to H&S Code §40727. See Section (V)(B) below for compliance wi th the required analysis of existing requirements pursuant to H&S Code §40727.2. See Section (V)(C) for compliance with e conomic analysis requirements pursuant to H&S Code §40920.6 . See Section (V)(D) below for compliance with provisions of the California Environmental Quality Act (CEQA).

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS

H&S Code §40727.2 requires air districts to prepare a written analysis of all existing federal air pollution control requirements that app ly to the same equipment or source type as the rule proposed for modification by the distri ct. The adoption of the Federal Negative Declarations for Three Source Categories certifies FNDs for Control Techniques Guidelines for Shipbuilding and Ship Rep air Operations (Surface Coating) (61 FR 44050, 8/27/96) (Also see “ Alternative Control Technique Document: Surface Coating Operations at Shipbuilding and Ship Repair Facilities ( EPA-453/R-94-032, 4/94)) ; Control of Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks (EPA-450/2-77-036, 12/77); and Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks (EPA-450/2- 78-047, 12/78) and certifies that they are not repr esented within the AVAQMD. Although the Federal Negative Declarations for 51 Source Categor ies was adopted on September 19, 2006, the Federal Negative Declarations for Three Source Cate gories is being adopted at the request of USEPA to cover thre e categories not addressed in the previous action.

C. ECONOMIC ANALYSIS

1. General

Adoption of the FNDs will identify three source cat egories listed above are not represented within the AVAQMD. The adoption will h ave no economic impact.

2. Incremental Cost Effectiveness

Pursuant to H&S Code §40920.6, incremental cost eff ectiveness calculations are required for rules and regulations which are adopte d or amended to meet the California Clean Air Act requirements for Best Avai lable Retrofit Control Technology (BARCT) or “all feasible measures” to co ntrol volatile compounds, oxides of nitrogen or oxides of sulfur. The adopti on of the Federal Negative Declarations for Three Source Categories is not subject to incremental cost effectiveness calculations because this action does not impose BARCT or “all feasible measures”.8 AVAQMD Fed. Neg. Dec. Final Staff Report, 11/05/2010 D. ENVIRONMENTAL ANALYSIS (CEQA)

Through the process described below, it was determi ned that a Notice of Exemption would be the appropriate CEQA process for the adopt ion of the Federal Negative Declarations for Three Source Categories

. 1. The adoption of the Federal Negative Declarations for Three Source Categories meets the CEQA definition of "project." They are not "ministerial" actions.

2. The adoption of the Federal Negative Declarations for Three Source Categories is exempt from CEQA review because it will not cre ate any adverse impacts on the environment. Because there is no po tential that the adoption might cause the release of additional air contaminants or create any adverse environmental impacts since the FND merely certifie s that there are no sources within these particular source categories located i n the District, a Class 8 categorical exemption (14 Cal. Code Reg. §15308) ap plies.

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS

1. Potential Environmental Impacts

There are no potential negative environmental impac ts of compliance with the adoption of the FNDs because the FND merely certifi es that the particular source categories are not located within the District.

2. Mitigation of Impacts

N/A

3. Alternative Methods of Compliance

N/A

F. PUBLIC REVIEW

See Staff Report Section (V)(A)(1)(g) and (2)(b), a s well as Appendix “B”

VI. TECHNICAL DISCUSSION

USEPA required that all non-attainment areas submit an updated RACT SIP Analysis. The purpose of the RACT SIP Analysis is to ensure t hat District Rules adequately address current RACT requirements. AVAQMD review i dentified many source categories that do not have corresponding sources ( major or minor) within the jurisdiction of the AVAQMD. The Federal Negative Declarations for 51 Source Categor ies was adopted on September 19, 2006 for these source cate gories. The Federal Negative Declarations for Three Source Categories in Table 1 is being adopted at the request of USEPA as they were not included in the previous ado ption.AVAQMD Fed. Neg. Dec. 9

Final Staff Report, 11/05/2010 Table 1

Source Category CTG/Guidance Document Covering action

Ship Repair Operations Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating) (61 FR 44050, 8/27/96) (Also see “Alternative Control Technique Document: Surface Coating Operations atShipbuilding and Ship Repair Facilities (EPA-453/R94-032, 4/94))
Storage of Petroleum Liquids in FixedRoof Tanks Control of Volatile Organic Emissions from Storageof Petroleum Liquids in Fixed-Roof Tanks (EPA450/2-77-036, 12/77)
Petroleum Liquid Storage in External Floating Roof Tanks Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks (EPA-450/2-78-047, 12/78) FEDERAL NEGATIVE DECLARATIONS FOR THREE SOURCE CATEGORIES

E. SIP HISTORY

1. SIP History

The AVAPCD came into existence pursuant to statute on July 1, 1997 (Health & Safety Code §40106, A.B. 266-Knight Ch.542, statute s of 1996). The rules and regulations of the SCAQMD remain in effect within t he AVAPCD until the AVAPCD Governing Board adopted, amended or rescinde d new ones (Health & Safety Code §40106(e)). Since the SIP applies to t he territory for which it was approved at the time it was approved, the AVAPCD al so inherited the SCAQMD SIP applicable to the Los Angeles County portion of the South East Air Basin (now called the Mojave Desert Air Basin) prior to J uly 1, 1997. On January 1, 2002, the AVAQMD was created pursuant to statute (H &S Code §41300 et seq.) to replace the AVAPCD. Once again the SIP in effec t at the time of the change remained in effect until the AVAQMD Governing Board superceded, amended or rescinded it.

2. SIP Analysis

The Federal Negative Declarations for 51 Source Categor ies was adopted on September 19, 2006 for 51 CTG source categories. T he Federal Negative Declarations for Three Source Categories, specifically the source categories: Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating) (61 FR 44050, 8/27/96) (Also see “ Alternative Control Technique Document: Surface Coating Operations at S hipbuilding and Ship Repair Facilities ( EPA-453/R-94-032, 4/94)) ; Control of Volatile Organic Emissions from Storage of Petroleum Liquids in Fixe d-Roof Tanks (EPA-450/2- 77-036, 12/77); and Control of Volatile Organic Emissions from Petroleu m Liquid Storage in External Floating Roof Tanks (EPA-450/2-78-047, 12/78), are10 AVAQMD Fed. Neg. Dec. Final Staff Report, 11/05/2010 being adopted at the request of USEPA because they were not included in the previous action.

The AVAQMD has determined that no sources in the th ree source categories listed in Table 1 exist within its jurisdiction.AVAQMD Fed. Neg. Dec. A-1

Final Staff Report, 11/05/2010 

### Appendix “A”

Federal Negative Declarations for Three Source Cate gories

1. Federal Negative Declaration (8-hr Ozone Standard) for Three Source CategoriesA-2 AVAQMD Fed. Neg. Dec. Final Staff Report, 11/05/2010 This page intentionally left blank.AVAQMD Fed. Neg. Dec. A-3

Final Staff Report, 11/05/2010A-4 AVAQMD Fed. Neg. Dec. Final Staff Report, 11/05/2010AVAQMD Fed. Neg. Dec. A-5

Final Staff Report, 11/05/2010A-6 AVAQMD Fed. Neg. Dec. Final Staff Report, 11/05/2010 This page intentionally left blank.AVAQMD Fed. Neg. Dec. B-1

Final Staff Report, 11/05/2010 

### Appendix “B” Public Notice Documents

1. Proof of Publication – Antelope Valley Press, 09 /13/2010B-2 AVAQMD Fed. Neg. Dec. Final Staff Report, 11/05/2010 This page intentionally left blank.AVAQMD Fed. Neg. Dec. B-3

Final Staff Report, 11/05/2010B-4 AVAQMD Fed. Neg. Dec. Final Staff Report, 11/05/2010 This page intentionally left blank.AVAQMD Fed. Neg. Dec. C-1

Final Staff Report, 11/05/2010 

### Appendix “C” Public Comments and Responses

1. USEPA email, March 12, 2010 2. USEPA email, September 10, 2010C-2 AVAQMD Fed. Neg. Dec. Final Staff Report, 11/05/2010 This page intentionally left blank.AVAQMD Fed. Neg. Dec. C-3

Final Staff Report, 11/05/2010 1 USEPA email 1C-4 AVAQMD Fed. Neg. Dec. Final Staff Report, 11/05/2010AVAQMD Fed. Neg. Dec. C-5

Final Staff Report, 11/05/2010 District Response to USEPA email 1

1. Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating) (61 FR 44050, 8/27/96) (Also see “ Alternative Control Technique Document: Surface Coating Operations at Shipbuilding and Ship Repair Facilities ( EPA-453/R-94- 032, 4/94)) ; Control of Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks (EPA-450/2-77-036, 12/77); and Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks (EPA-450/2- 78-047, 12/78) are included in the Federal Negative Declarations for Three Source Categories proposed for adoption.C-6 AVAQMD Fed. Neg. Dec. Final Staff Report, 11/05/2010 This page intentionally left blank.AVAQMD Fed. Neg. Dec. C-7

Final Staff Report, 11/05/2010 USEPA email 2C-8 AVAQMD Fed. Neg. Dec. Final Staff Report, 11/05/2010 District Response to USEPA email 2

No response required.AVAQMD Fed. Neg. Dec. D-1

Final Staff Report, 11/05/2010 

### Appendix “D”

California Environmental Quality Act

Documentation

1. Notice of Exemption – Los Angeles County, posted 10 /26/2010D-2 AVAQMD Fed. Neg. Dec. Final Staff Report, 11/05/2010 This page intentionally left blank.AVAQMD Fed. Neg. Dec. D-3

Final Staff Report, 11/05/2010D-4 AVAQMD Fed. Neg. Dec. Final Staff Report, 11/05/2010 This page intentionally left blank.AVAQMD Fed. Neg. Dec. E-1

Final Staff Report, 11/05/2010 

### Appendix “E” Bibliography

The following documents were consulted in the prepa ration of this staff report.

1. Environmental Protection Agency – Final Rule to Implement the 8-Hour Ozone NAAQS (70 FR 71617, November 29, 2005) 2. EPA – various CTGs, ACTs, and other documents 3. California Health and Safety Code – various sect ionsE-2 AVAQMD Fed. Neg. Dec. Final Staff Report, 11/05/2010 This page intentionally left blank