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PEA/CEQA Public Review/Approval Process


This is an Accessible Alternative Version of the flowchart that summarizes on the PEA/CEQA public review/project approval process for projects for which no response action is required (PDF). The Adobe Acrobat Portable Document should be the preferred version for downloading.

Disclaimer: This is a linear list of the decisions from the flowchart and it may not represent the actual flow of information.

Note: Not all Department of Toxic Substances Control, California Department of Education, California Environmental Quality Act, or Education Code requirements or policies are shown on this chart and Districts may elect not to pursue a site at any time.

Department of Toxic Substances Control (DTSC) Process.

District provides Notice to immediate area residents prior to starting Preliminary Endangerment Assessment (PEA).

District prepares preliminary draft PEA, submits to Department of Toxic Substances Control (DTSC) for their review within 60 calendar days of receipt.

DTSC requests PEA modifications, District prepares and submits PEA revisions to DTSC.
or
DTSC Approves final draft PEA, determines no further action is required.

District prepares draft Negative Declaration or draft Environmental Impact Report (EIR), (or supplement to prior California Environmental Quality Act (CEQA) document). includes Phase 1, PEA and DTSC information.

If District's CEQA document will not be available until 90 days after DTSC approval of Final Draft PEA, District shall publish notice of availability of final draft PEA in local newspaper within 60 days of approval of the final draft PEA and complete CEQA process.

District notices Draft Final PEA available and comment period/intent to adopt Negative Declaration or Notice of Completion of Draft Environmental Impact Report (DEIR), or to reconsider adequacy of prior document.

Final conducts PEA/CEQA Public Review Comment Period and State Clearinghouse of CEQA document (30 days for Negative Declaration, 45 days for DEIR), District responds to DEIR comments.

District conducts hearing on draft final PEA and draft CEQA document and approves Negative Declaration or certifies final Environmental Impact Report (EIR), or redetermines adequacy of prior action.

If District has previously complied with CEQA prior to PEA, District shall reconsider adequacy of prior CEQA document in light of PEA, in same time/manner as it would for draft CEQA document.

District immediately sends all comments to DTSC within 30 days of District's CEQA approval, DTSC issues determination.

DTSC disapproves/requests changes to Final PEA, District prepares/submits revisions to DTSC.
or
DTSC approves Final PEA, No Further Action determination.

District considers if any CEQA determination changes are required based on Final PEA changes, if any, prepares notices, recirculates and adopts additional CEQA document if necessary.

District approves project, files Notice of Determination within five working days.

Questions:   Michael O'Neill | moneill@cde.ca.gov | 916-322-1463
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