AAV CEQA Response Action Required

This is an Accessible Alternative Version of the flowchart summarizing the PEA/CEQA process details for projects for which a 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.

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 DTSC for their review within 60 days of receipt.

DTSC requests PEA modifications, District prepares/submits PEA revisions to DTSC
or
DTSC approves final draft PEA, determines further investigation needed Response Action is required.

District prepares financial analysis of response action and assesses benefits/suitability and obtains California Department of Education (CDE) contingent site approval.

District may now prepare response action under DTSC Voluntary Cleanup Agreement (VCA) for concurrent draft PEA/CEQA review and conduct DTSC public participation plan or do all separately after final PEA approval.

District prepares initial study, if Draft Environmental Impact Report (DEIR) circulates Notice of Preparation (or if prior CEQA document decides if further CEQA document is necessary).

District prepares draft negative declaration or DEIR on project - may include Response Action (or supplement to prior CEQA document) or DTSC is lead agency on separate Response Action CEQA document, includes draft final 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 final draft PEA and then complete CEQA process.

District notices Draft Final PEA availability and comment period/intent to adopt Negative Declaration or Notice of Completion of DEIR, or to reconsider adequacy of prior documents.

District conducts PEA/CEQA Public Review/Comment period and State Clearinghouse circulation 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 EIR, or redetermines adequacy of prior action.

If District has 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 a draft CEQA document.

District immediately sends all comments to DTSC. Within 30 days of District's CEQA approval DTSC reviews/issues determination.

District disapproves/requests changes to Final PEA, District prepares/submits revisions to DTSC
or
DTSC approves Final PEA, Response Action determination.

If necessary, District acquires site.

District implements Response Action under DTSC oversight.

DTSC certifies Response Action is completed, notifies Department of State Architect (DSA) if any design conditions.

If not previously does with PEA review, District prepares Response Action under DTSC VCA, conducts Public Participation Plan and District or DTSC completes CEQA as lead agency.

District conducts hearing on draft final PEA and draft CEQA document and approves Negative Declaration or Certifies Final EIR, or redetermines adequacy of prior action.

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

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

If necessary District acquires site.

District implements Response Action under DTSC oversight.

DTSC certifies Response Action is completed, notifies DSA if any design conditions.