HomeMy WebLinkAboutP G & E - WOODBURNING POWER PLANT•
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CANb OF NATURAL V' EALTH CoUn
AIlp p EAU TY
OFFICE OF THE COUNTY COUNSEL
2279 DEL ORO, SUITE A - OROV'ILLE, CALIFORNIA 95965
POST OFFICE BOA: 1560
TELEPHONE, (916) $34.4621
JAMES R. GRIFFITH
DELBERT`M. SIEMSEN
DANIEL V, BLACKSTOCK ROBERT G. BOEHM
COUNTY COUNSEL
DEPUTIES
:April 25, 1973
"fir. Ro,er J: Peters
Pacific Gas and Electric
77 Beale Street
31st: Floor
San Francisco, California 94106
U, PROPOSED PG&E/LOuIS1&NA PACIFIC CO -GENERATION P014ER PLANT
Dear '4r, Peters
This will. confirm our telephone conversation a couple
of days .ago concerning your desire to get together with county
officials who will have a part, in the environmental review of the
proposed PG&E/Louisiana Pacific Co -Generation Power Plaa. As I
i 1 ink it would be most
indicated to you in that conversation, I think
appropriate for someone from our O�.f�.ce, Earl Nelson; our Environ
mental Review Diroctor, and Dave Stratton, out Air Pollution Engineer,
to tit down with you so that we can go over Butte County's Envirw.i"
mental. Review Guidelines and discuss how the review of your Applica-
tion for a stationary source permit will be handled under these
Guidelinesi If you Will g u me a date when you would like to d
this; I will be happy to try to set up such a meeting: For your
information, I am also forwarding with this letter a copy of butte
Co1i'nty ` s Environmental Review Guidelines
Very truly Youts,
DANIEL V. BLACXSTOCX
khWrenm"60"! ; 1010x► btpI' But. ounty Counsel
APR Z 8 1918
r
buf+c county. �.,�,
�.0 ER G , OMU4� Deputy
April 7, 1.978
Dan Blackstock, Esq.
Butte County Counsel,
2279 bel Oro Avenue,
Orovillej CA 95965
Dear Dan:
During the course of Out telephone, conversation on February 21e
1978, we discussed the question of identification of the appropriate
lead agency to perform the requited environmental review of a
proposed PGandE-Lbuisiana Pacific co"goneration
plant. Although it
should be emphasized that PGandE and Louisiana Pacific have not made
any commiltmeftti either ihd'vidually or jointly, to go forward with
this .projedt, the feasIbill-ty of doing so 'is presently being
considered by the respective corporations. Said plant, if concurrently
agreed by PGandE and Louisiana Pacific to be economically desirable
and feasible, Would be constructed ad'acent
I L'L to Louisiana Pacific's
plantinOtoVille. The Purpose of this letter is to set forth In
more detail my undetst-andiftg of the substance of our conversation,
at well at to affirm the Status of the County Of Butte, functioning
'through its Air Pollution Control District, as lead agency in the
environmental review of 'thisJ
ro'ect.
p
(ctoA) At you are ,.ware, the California Environmental quality Act
I -
(Public Code 9 21000� et seg) Provides that any
Pt6Jdct of the type which is being considered heremustbe reviewed
and evalUated by ah,aPprOptidte public agency. The CEQA framework
requires that the reviewing public agency consider the potential,
impact of that project on the sttto'Andinq environment,. Although
any One project may involve several
public agencies, lesi eath:of whichhasanat0a of tesPOilsib"llty, CEQA tequires .h&t the Ptlnary reviewWork be POkfdtmOd by thepublic agency "with the greatest responsibility
for stpekViriji,q or ap,
)t,Oving the project as a wholed,
1 (Cal. Admin.
Code tit: 14 15065(h)),, The agency with the greatest approval
rdspbn'sibility * 4 r
dlesikp.,�&�,dd as the "lead'agendy.11
APR 121078
V.A.01F110
O -A -s
77 BEALE STREET, 31ST FLOOR SAN FRANCISCO, CALIFORNIA 94 10t, -
(4 163 7131-4211
JOHN G. MORRISSCY
VICE PRESIDE14T AND OENCRAL COUNSEL0-4.1
to—oM.0-.-ty
J
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MALCOLM H. FURoUsH
44104 istio..I;6
A3104!iAtlt GtHERAL CbUhlti.
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CHARLto Si VAN Or-USEp4
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PHILIP A. CRAUL. JR.
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HENRY J. L-PLANTEPulR
C, rJ q `Vb?
qfTr 0411.
NICHAIRD A. CLARKE
Jul..
JOHN U. GIBSON
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ARTHUR I.. HILLMAN, J R.
$Vt— W, Co.., J.,
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ROBERT OHLBACH
J, I MICZ-1-L M-IORM4.1104
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CH A R L C5 W. THISSVLL
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NNu�CY7y WP.
Afro""t's
April 7, 1.978
Dan Blackstock, Esq.
Butte County Counsel,
2279 bel Oro Avenue,
Orovillej CA 95965
Dear Dan:
During the course of Out telephone, conversation on February 21e
1978, we discussed the question of identification of the appropriate
lead agency to perform the requited environmental review of a
proposed PGandE-Lbuisiana Pacific co"goneration
plant. Although it
should be emphasized that PGandE and Louisiana Pacific have not made
any commiltmeftti either ihd'vidually or jointly, to go forward with
this .projedt, the feasIbill-ty of doing so 'is presently being
considered by the respective corporations. Said plant, if concurrently
agreed by PGandE and Louisiana Pacific to be economically desirable
and feasible, Would be constructed ad'acent
I L'L to Louisiana Pacific's
plantinOtoVille. The Purpose of this letter is to set forth In
more detail my undetst-andiftg of the substance of our conversation,
at well at to affirm the Status of the County Of Butte, functioning
'through its Air Pollution Control District, as lead agency in the
environmental review of 'thisJ
ro'ect.
p
(ctoA) At you are ,.ware, the California Environmental quality Act
I -
(Public Code 9 21000� et seg) Provides that any
Pt6Jdct of the type which is being considered heremustbe reviewed
and evalUated by ah,aPprOptidte public agency. The CEQA framework
requires that the reviewing public agency consider the potential,
impact of that project on the sttto'Andinq environment,. Although
any One project may involve several
public agencies, lesi eath:of whichhasanat0a of tesPOilsib"llty, CEQA tequires .h&t the Ptlnary reviewWork be POkfdtmOd by thepublic agency "with the greatest responsibility
for stpekViriji,q or ap,
)t,Oving the project as a wholed,
1 (Cal. Admin.
Code tit: 14 15065(h)),, The agency with the greatest approval
rdspbn'sibility * 4 r
dlesikp.,�&�,dd as the "lead'agendy.11
APR 121078
Dan Blackstock, Esq,
Butte County Counsel
April '7, 1978
Page 2.
The public agency designated as lead agency has a responsibility
for considering the effects of all activities involved in this project
and for preparing or causing to be environmental prepared an e t
p a1 impact
report (EIR) for any project which may have a significant effect on
the environment. Said EIR must be prepared in conformity with the
state EIR Guidelines as set forth in Cal. Adman. Code, tit. 14,
§S 15000-15192; Where k,EIR is determined not be necessary`, the
lead agency has the responsibility for filing a Negative Declaration,
briefly stating the reasons for that conclusion.
In light of the procedural mandate which CEQA established
it
is necessary to determine which Public agency is the entity
appropriate to be designated as the lead agency in this project.
Normally, for thermal Powerplants, the Energy Commission or the
California Public Utilities Commission (CPT -IC':, would be the lead agency.
The CPUC requires an environmental report and a certificate of public
convenience and necessity only for electric
A capacity in excess of 50 Mw, Similarly,although
th generating -plants
Commission .has although the Ener
;jurisdiction over thermal plants, such plants are
defined as not :o include plants with a maximum capacity of less
than 50 Wi Accordingly, inasmuch as thes
has a
maximum capacity of 45 MW, in both cases the oplublacplant agencies referred
to above are not appropriate lead agencies
Given that the CPUC and the Energy Commission mould not be lead
agencies ies in this endeavor, the most likely
dhcy with
a rDvat responsibilities would be the Co,ntybofcButte. This project
conclusion is based on the fact that at least two Butte County agencies''
must either grant project approvals, issue appropriate
both. More specificall proc'its, or
a
y, as T understnd Butte Count perm
Butte County planning Commission must issue grading and toc dg permits
the
n ,
prior to any costruction on the site; and Butte County Air Quality
Control Board, as the governing board of the Butte County Air Pollution
Control District, must issue an air permit
Prior to t'onstruction.
'As to the'buildin
Plant is likel} y to g Permit, you had indicated that the proposed
zoning framewoqualify as an approved use within the present
rk and that accordingly no use
permit would be required.
not appear toebeadiscretiona�ry governmental
of the Planning Commission would
be ministerial in nature_ Y gc�verntnental functions, but would merely
In contrast, the function of the Air`
appear to be discretionary and controllingslof lthe Coreso
n lbardoul
project.. Accordingly, it Would appear to be the most likely entity
ofd
en�ity
to be designated as Lead agency.
It is my belief that in light of the d0hsiderations set Forth above
it would be appropriate to designate the Butte County Air pollution
Control District as the lead agency for this pro'
J It it also icy 'under--
standing that this opinion is shared by the County Counsels a£fice.
A
Dan Blackstock, Esq,
Butte County Counsel April 7, 1978
Page 3
further clarify this
understanding, T believe that at an appropriate
time it would be useful for representatives of PGandE, x,ouisiana
Pacific, the Butte County Planning Commission, members df the Butte
County Air .sality Control Board, the Butte County Counsel's Office
and the Environmental Review Director for Butte County to meet.
object of that meeting would be to detail the responsibilities of The
the various parties and procedures involved in order to facilitate
timely compliance with CEQA, to clarify the actions which will set
the CEQA timetable in motion and to identify other, local permit
requirements.
The above discussion sets forth my understanding
status of the proposed of the present
project as it interacts with CEQA. If state-
conversations or our understanding- of the Present
of our
state-
ments made hereindonot coincide with our resent situation,
y u have any questions in this regard, do not hesitate tocontact 1me.
Best regards,
ROGER J. Fur's
ROGER J. PETERS
RJP/vbb
cc: Mr. David Jenkins - City Administrator, Oroville,
Mr. Bar! D. Nelson - Butte County Environmental review Director
Mr. David Stratton - 8U-tte County FP D
Mr. Jim Lawson - Butte County Planning Director
Mr. Don Dutton - Louisana Pacific Corp.
Mr. Randy E. V!ndehe
g Loui.sana Pacific Corp.
Mr. James T. Brodie Creative Bower Management
Mr. Hank Campbell H. W. Campbell & Assoc.
w
t'
'.. 0 :: � Powe)✓ ..., .. _,., 1 ,
Air Pollution Control'Officer;, Attn: Dave Stratton
Robert G. I36ehm, Deputy County Counsel.
APPLICATION OF rMt CALXFC)MIA Er4v1R0NMX4TAL QUALITY ACT T
A 45 IC? CODE GEMMTION POWER PWUP PROPOSED BY LO UISIAITA
March l :8 PACIFIC AND P . Q . & * k41r
Vais dtemorandurn will ccix firnx my convarsati,ons with. DAve
i� the, application 0- the California Envi,�ronmen�Ia
'Stratton concernit
QualityAct to the. 45 X14 cogeneratiCin pdvFer plant proposed by
Louisi:ana,padtfja and P 0,&.E, wherein I recommended that the wizest
course to b,e foll.oVted wiiuld be to plreparr an Z IR incident to the
Jt sdahce of a' dtatioz�s.ry soureP per ,i f > this power plant.
The appli.cati or. of the California ,Environmonotal QUalitY
Act to the issuance of a s.tHati.on4ry souroa permits under the Calif-..,
crrMia Ijealth Axid Saf0ty, Cnida and dist ii i.ct, air polluti.oa control
regulations is less-,than well s)�,t:tled. regulations 4or TMj)l.ementa-'
ti.oa of the. California iEjhVi1'ohban ,,eta , Qual,;it y Act of 191Q, 14 Cal..
Admin. Cade 915000 et, 9,M. Alnd -"AlItrte County Environmental, dvi en;
Gu di line's Moth pxov de; a caLe,�,o�ica�. exe-Mptioi� for r�ct~ionr by regti
14tory a.gendiet for proteatlon cif the euvi ionttnsnt, Sp,ell3.ng 611t
Lois :exempt:i.6nl 14 calx? Admin. oblid, §15108 andAppendix E of tit%,
nutte County- nvizar�z enta`3. lk4N jew Guidt:1.. nes 'doth provide,
°+Class 8 tons 'L§t;�s of attion,�- taken by reg u],story
a eno3.es,' as �authgriiod4 by state or 10441
6idinancato aasure. the ;taaintenaticeI restos.
Cit�n enan,c�:nent; or protactian of true entri;ron-tut' where tht� regulatory process invct.ves,
prcicedures' i:o the pa:otect'i.on o1 the eniroYitrtent
Gonetaruoiwiot� activi.tldt ldtdl rid itadlud d 41;,.chi's
examp,tiarx �� 4
(ane ou .d r�3a 'our b .y ,i.ntcrpr tr trkiis cat.egor3,c& bxettipti,ari i apFl
a per iit ,sued, by an a.x , p il..n#�3,ft control r, istr .ct otae+'1�+ar in.
thd, Baso c►ir rho pt wet ;: .aritr pi;cip i ed bar I.oi�i:bUh . Ps.cii:ic .shd F i,,GA .•
hots don ruot: �ni� 1.► ix' o�.ve(I to 3ri tfcis permit opt b a C »ass �8
'int;oi*,
<< }Rhe op%ni.on n th, Cai:if±nrni.a ` �ipretnc Court ' n i �.iife'
thi:ek-er �n (1976> °, 1 PC 19 0 also �trr�1y t�.�g�;�iat� .t ai`t i
va.0 us�.i.t: Aot .vt+nuld he „pk�lieati,e;.to a
. .e ,:+a, rprri a inv roniaettial
striot ttir` ,a statibna y
..
Issued aft.,si+r paltib�t oontxb.l
source vhdte the source may) have a.,, s ni.£i+rssn e feet. on the en riron*
went cci�rt~ ° e
op", hia,r:n bat Kwase i ctust�cti x�hethc�t th+eesotrce
L �
,gahoy i ;at twhcir3' ed � c er the ' k�a ; f.'t't` ya Erivi,xa me tel
"
Y i
q t if r•r K .
4-1 '... t
to create a categorical. exemption for actions taken 'bar a xd�gt�lr�froxy
ra enGy in corittection with a. p�r6je�:ct. T�hich Might. have 4 significant
e fc:ct :cin the enviranmervI: notwithstanding the fadt; th+it
taken by the regulatory �agancy in connection w4t h the proof e w�acis j e��t s
tion
for the prdtact3.on o1° the anviranment. 7Cha court's Wnian in that
case is also signifi Caz t, 90 fa as the emphasis p �a on Public
Resources Cade 521.i�8
P 1975 c r�:atdt� ,a"t1t:�trna�,w
VO to the EIR req,u .remet.,ts for qualified �atat an
e agars 44s hnv n-
imporL•arit environmental. responsibilities. s v3.et�ed h the !G`eu8
the to
adoption of this , section by the le8isl ature ndgataa a leg ,41
tine intent that the actions of regulatory agencies for the prot+�c--
t:ioi of the environ-ment should be exem�tn from the applioat`ioYr cif
i:he Cal. foxnis l nvirorin ental quail,ty Act « (Incidentally. we ought
to take a e]:ost: IraoX• ,at this) se'r:.t;�on ;,o scp � '.ttviran-
if BUtt�e Count T
mental: Gtaidelines cAnnat be ute ide t~onsist~ent with the rovi»si:ans
of Publ:i c Re`t�ouroata Code t .1Ct �.S tz�� a to gave the btxttre Co'uraty,
Air I�axl:utictn Control..11istrr$xt jin:!.ajtey 76tivet o .the Preparation of
aq SIR for st.'ationary -source. j e .i� trt�>
Notwithst:andillg the s�lja fv I< knave be n adVi.se i by the
��
nc�01 staff of tho Air Ra�ot��q�es Vvoa4,d gib` t by and. lar
pollution most, air
o lut»ioi� control districts itQ h�;, � t�.a�,e of tJaxffc�L•nia have 'not been
prey>c•in�; eiav►ironmental im impact �a��,aui:h�s,
. ` 'for ,atatj;onsry source pe too
ciowever� some, districts have backed off fxo tibia positrion wkxoM t
si t ui cant~. atmtt :o ary source- �.a, irA�ol:vad rind pa, epa a en i .roar ental
itap� ctt repo tt in ton unction "wit:i>, P , p ocoss fo � each
chair exanittiri
-soute6s' The .State Air Resourcaa,, ward ;I.0961 stafeo howaver, was
;c a Ming, to offer a „fi,xm bpinion` z��ietkter or not an I I:R should bt?
_�
rep�a'red dor the hauiis3ana PaeiE Etc and P410".& g Y p0wez plant
n reeoManditig that �n I t e preparo-d,,,f0i. the poorer ;
pi t rbposed iay' .r��t,�sian4-�'$o�4f'ic aiYd F �+ 1 Kava.,
sidersbl; la�.flt�ono,ed U tete pt 4 c�
P`roponenb s des�a t4 prepare
i.. ' g ' . the ove, I t hitilt t fi r
an` lit % t? t~ha utwdrta�i�ntics +loutlirier 'tab
; past,ar�ttWh��se aid. wise J,n that �t:mdanr expense in
p g
re axigi all �l�t is dtat+weiglx+e�; byt t"he a o�ura tri• sexlous fit�snc�,al,
conso uences no x ick.. re ariad and the pro«jecb air de�yr y d by
r s �►ait of li at on► challldliginp! tvha °dedialQ.n ,nod tuo, ze
I also nota t: sat dt✓ the bi>a7tl that:; rho tit f"o tYii p pale ;an 11L
s
ut'+ f,r sons .de�raxir .vn, tic mr y l� pan ag .d .1n the 'hdn�gt comment
pl.atXtaiz�g. '�xacoss� *�hka: w�:lxte' u
rd iaat corse
About of if3oattt nate ,lic partici;�l �rlp , hditive,.
o to .. t;ig t`i t t o a y 0ourec thaby' r , ; ,".
Tzo;:ct,« ° °"ail.ure ,ta ptrpa�riPAII,ftr tlts�. �o
l:f ys�tt'' �hon�,d, peva a�ri� �
tha aborre� p . ase give tna a ca i « futthor c�'uesti�ns itt regard to
A
404 . HMO-
- T
,T
FO;{ iM7'i/ •- CC?h1F'ANV USES
RECEIVED
D11/1$10(4 OR
UEPAPRihICN`r LAW
MAR 11978
F•ILr. No.
RF LETTER OF
SITINIG DEPARTMENT
S U dJ tOT
February 28, 1378
MESSRS. K. L. PICKETT
A. P. KILROY
G. C. DOWSON
Attached are two documents relating to the
LP Co-generation project, The first is a memo to file
briefly setting forth the substance-of a conversation
with Dan Blackstoclu-, Butte
County Counsel. That memo
is for your information and
file. The second item
a draft of a letter Which I
setting forth out discussion
.is
propose to send to 31acY.stock.
and the
informally reached. I would
understanding'
appreciate any comments
or clarification which: should
be put in the letter..
ROGER J'. PETERS
'RJP C� 81) n r
Attachment
Louisiana Pacific OrOville
Co-generatloh Plant
February 28, 1978
MEMORANDUM TO FILE:
On February 21, 1978, the question of the designation
of a leadlagenQy insofar as environmental review of the above
referenced project is concerned was discussed in the course I of
the te-tuphone conversation with Dan Blackstock, Butte County
Counsel.
Although initially Mr. BlackstQGk seemed burpri8ed
that state agency approval would :not be required for the projecti
and specifically that neither the CPUC hot the Energy Commission
had review jurisdiction over the project, the suggestion that
in light of this fact Butte County would be the logical lead
agency seemedacceptable, Or, as Mr. Blackstock stated, at least
inevI Acco-v'dingly, i" Was agreed that the Butte County
Air Quality Control Board would function as "lead agency" in
the environmental review process required by CEQA. Such status
would initiate upon filing of the requisite air Permit with. the
Butte County Air Pollution Control District. The County would
not obtain lead agency status by Virtue of any goftihq or building
regulation, inasmuch as a use permit would hot be necessary for
the type of development Planned in the area in quelstioni,
At the conclusion of the conversation it was agreed
that it Would be useful to formalize the County's lead agenc
status at such time as it was felt y
'Dthat it would be desirable
for the environmental review process to begin. Accordingl,
it was agreed that 1 wo'ald contact Mr. .-Black-8tock to setupy, a
meeting ►invol-vi-ng himself , Earl j4r=!l8On
'mental Aeview (Butte County Environ.- j nave Stratton (Butte COtInty APCI))
James Lawson (,Butte CbllhtY Plahftlhg Director), and other
appropriate County, LoUisiaraPacifici and -rGand8 parties in
order to clarify the County's status as ,i
As the c6uhty,8 obligaLlons which ead agency and as well
designation,, I ich would result from that
RJP: nr
i
DRArT t 2-28-78
1' RJPeters:nr
Dan Blackstock, Esq,
County Counsel
Butte. County
Oroville, CA 95955
Dear Dan:
During the course of our telephone conversation on
February 21, 1978,'we discussed the question of identification
of the appropriate lead agency to perform the required environ
mental review of a proposed PGandE--Lbuisiana Pacific co"generation
plant which is presently being considered by the respective
corporations. Said plant, if concurrently agreed by PGa7.dE
and Louisiana Pacific to be wonomically desirable and feasible,
would be constructed adjacent to Louisiana Pacific's plant-in
Qroville. The purpose of this letter Is to set forth in more
detain my understanding of 'the substance of"our conversation;
as well as-`to affirm the status of the County of Bu .`-,e, through
its Air Quality Control Board, as lead agency in the environ-
menta: review of this project.
As you are aware, the California Environlnental; Quality
Act (CEQA) (Public 'Resources Code § X21000, et seq.) provides
that any project of the type which is being considered here mist
be reviewed and evaluatoe by an ,appropriate public agency. The
CEQA framework requires that the reviewing public agehcy consider
the potential impact of that project on the surrounding ehviroh
7nent. an Although g Y olle project may involve several public agencies,
each of Which has an area of J;esponsib;ilitw. j CEQA requires that
-2 -
The Primary review work beerformed b
P y the public agency "with
the greatest responsibility for supervising or approving the
project as a whole." (Cal. Admin. Code tit. 14 5'15065(b)) The
agency with the greatest approval responsibility is designated
as the "lead agency.'
The public agency designated as lead agency has a
responsibility for considering the effects of all activities
involved in the project and for preparing or causing to be pre-
pared an environmental .impact report (EIR) for any project which
may have a significant effect on the environment. Said EIR must_
be prepared in conformity with the state EIR Guidelines as `set
l rth in Cal.Admin. Code, tit. 14, 55 150.00-15192 (October 9
5). Where an ESR is determined not to be necessary, the le«d
K: icy has the responsibility for filing a Negative Declaration,
4 ..fly stating -the reasons for that conclusion.
In light, of the procedural mandate which CEQA established
18 necessaryto determine which
public- agency is the entity
appropriata to be dcsigtated as the lead agency in this project..
Initially, for a project of this type, the most likely
.agency :to be ,designated .as the lead agency should be either the ,
Energy Commission or the California Public Utilities Commission
(CPUC) However, as to both agencies, closer examination reveals
this. not to be the case. 13 virtue of CPUC General. Order No. 1311
as amended, the CPUC requires an ehVironmentaJ report and a cer-
tificate of public convenience and necessity only for electric
generating plants having in aggregate a capacity in excess of
-3-
50 MW. Similarly, although the Energy Commission has ;jurisdiction
over thermal plants, such plants are defined as not to include
plants with a maximum capacity of less than 50 14W. Accordingly,
inasmuch as the proposed plant has a maximum capacity of 45 MW,
in both cases the public agencies referred to above are not
appropriate lead agencies. They have no review jurisdiction
over this project.,
Given that the CPUC and the Energy Commi,ssi.on would
' not be proper lead agencies in this endeavor, the next most likely
public agency with significant project approval responsibilities
would be the County of Butte. This Conclusion is reached based
on the fact that in order for the project to he realized at least
two Butte County agencies must either grant approvals, issue
appropriate permits-, or both. More specifically, as I understand
Butte County procedures,, the Butte County Planning Commission
must issue building and grading permits prior to any construction
on the site. Additionally, the Butte County Air Quality Control
Board must issue an air: permit in order for construction of the
plant to begin
As to the building permit, you had indicated that the
prr,, osed. plant is likely to quia7.ify as an approved use within
the p're;int zoning framework and that accordingly no use permit
would be tagi a :gid. If this is the case then the actions of the
Planning Commission 4r:�uld not appear to be discretionary govern"
mental functions and %,IO d mtarely be ministerial in nature:
In Obftttast the function of the Air ,Quality Control.
Board Would appear to be and controlling of the
M
-g
whale scope of the pro7ect. unless the Bar.,.d is convinced that
relevant ambient air quality standards and particulate emissions
are acceptable no air permit would be forthcoming. Accordingly,
it would appear to be the most likely entity to ,be designated as
lead agency.
It is my belief that in light of the considerations
set forth above it would be appropriate to designate the Air
Quality Coritrol Board as a,lead agency for this project. It
is also my understanding that this off inion is * shared by the
County Counsel's office. To further clarify this understanding,
I believe that at an appropriate time it would be useful for
representatives of PGandE, Louisiana Pacific, the Butte County
Planning Commissi.oi , the Butte county AirQuality Control Board,
the Butte County Counsels Office and the Environtaenta'1 Review
Director for But;,e County to meet. The object of that fleeting
would be to detail the responsibilities of the various parties
in order to facilitate timely compliance with CEQA and to clarify
the actions which will set the CtOA timetable in motion.
The above discussion sets forth my understanding of
the ,present ,.stratus bf the proposed project as its nteracts..H*ith
CEQA if st ftternents made herein do not coincide with your
recollection of our conversation or your- understanding of the
present situation, or if
you have any questions in this regard;
do not hesitate to contact itto:
Best regards,
ItOCEn J. P��Tk�R
PLiP : n
LOUISIANA PACIFIC - PACIFIC GAS and
ELECTRIC
DROVLLE PROJECT
MEETING
AGENDA
February 3, 1978,
,
10 a.m.
Introductions
t
P_ r o j ect Ovfe-,r e
Fuel
Chronology
Features
Problems
Possible Conclusion
Government Approt-`-, I D—dred
Local
Mate
Federal
Schedule for -Approvals
Local
State
Federal
Further Action
16 Information Needed
M NOXI Meeting
-
�niitonmenlmj hbrtevi Dep4.
9 6 1978
I
guts® Gaun}yi
PG&E-LOUISIANA-PACIFIC-OROVILLE
WOOD BURNING CO -GENERATION PROJECT
"ACCELEHATEDr' APPROVALS SCHWULE
ASSUMES THAT AIR QUALITY MONITORING & ANALYSIS
Notes
1
LPA it bald t) 1911 Join 1,ir Act Ale �rih7ile s biio imas CC apistbval bmyeat haloid Owiimattlal
in Asalmes
�' Y tl'i'tb and Ali fifrl ptelmwloh.
fat 11114 tuutte 1,10wr to lira Stele and pro local'air 4 AtsUmdt Water is to fie ptuvldsvf by Lhultlnnaliodrii.
poliulian thnlrui 111044, S Allier iinif 81g1n aNiYj drawings 04 tomplaltd,
x Asstlmat Ilu 0A stack to be hear 2661ee1, 0 hopte Nyla14 and owmntbWoklotl.
1977
1328
1979
1980
1981
1982
1903
1084
CONSULTANT
Authorization
Agseaments
Spidy
FUEL
Fuel Survey
Analysis
ECONOMICS
Cost Estimate
q:ngineering.Planning Analysis�'
C
' of Project Economia _
AIR OUAE(TY
r
Idenl6v appllethle o nissions
' limitations
AnahAis (by consultant)
tad
,
Preliminary Dots Analysts
t,
Imhinisa review of consultant '
inalyris
Finalize air quality review
report
menagemont approval of
ty
Company position on air
giiollty
CONTRACT
r
r
Oavelop Company Recommendation
Manegement:Revie+v
e..
Management Ouestions
a
Answar Questions
t
iA"ement Approval
Make alter to Louisiana-Pacific
Louisiana-Pacific Review of Response
s,
_
Negotiations
Sign Contract
at
t
PERMIT PREPARATION 2t
AGENCY APPROVALS
FEDERAL ,
Environmental Protection Agency
Alt Ouality Data monitoring & analysis
Permit ptepstatiem
t -
Agency approval 1
Federal Aulation Adminirtratlon Z
Permit Preparation
Aoancy approval
Fedoral Communication Cohsmissian3
Permit preparation
Agency apprray.1
is
,STATE .4
Regional Water OUAty Control Board 4
Permit preparation
t
Agency approval ..
�.
Department of Intlustrla) Relations
k
'
Preparation or application
mck
Agan. approval durjn tonstruttlonl
Y ( gW"
Mile
—L
BIMM
LOCAL
BUtteCoUnty AisPotldrbn Contrnl Dktrki
t
Dana monitoNng, reafysii
PKrinit prepar6/ryF
Agency approval
Dutta CoUnty Planmlo,2 Depatlment
I
Ptepaii Wait Environmental Impact
Raped, Buildlog add Ornsing Peft ills li
"
.Agency o iptbJil of DraltE1R
& BUIIdIngPesmlt
Agoney epploval of grsdliq permit
Dulls County Planning Commission 6
Permit ptepiraiion ' I
Agency Approvil
t
CONS1'dUCTIOIJ
COMME►ICIAL OPERATItiN
4
1382
1304
....:..,
1977
197b
1879
i980
1983,_
Notes
1
LPA it bald t) 1911 Join 1,ir Act Ale �rih7ile s biio imas CC apistbval bmyeat haloid Owiimattlal
in Asalmes
�' Y tl'i'tb and Ali fifrl ptelmwloh.
fat 11114 tuutte 1,10wr to lira Stele and pro local'air 4 AtsUmdt Water is to fie ptuvldsvf by Lhultlnnaliodrii.
poliulian thnlrui 111044, S Allier iinif 81g1n aNiYj drawings 04 tomplaltd,
x Asstlmat Ilu 0A stack to be hear 2661ee1, 0 hopte Nyla14 and owmntbWoklotl.
G&C-LOUISIANA-kCiF*ROAIi
-GENWOOD E3UNo iavt<G COR vNERATION PRO, CT
" S SCHEDULE
INCLUDES 1 YEAR FOR AIR CC LIALITY MONITORING E• ANALYSIS `� �✓^r����r�i
1971 187k 1879 18130 1981
r 19821083 1084
r
CONSULTANT
Authorisation m
Agreements
:Study
"mm,
FUEL
Mtaly3is
ECONOMICS
first Estimate
Englncerittg Planning Anaiyils , t
of Project Economks Q
AiR QUALITY
Idsnlly applicable am ssiorvi
AmitarlonsAnais I
o elimidary Data rtaiy Is
t y
'tn•ftoute review of eonwitant
analysis
final"air yusury terhrw I tit
' I
report '
Ltnrnyoment approval of r I
Company position on air I
quaiity
CdWTRACT
0—tor, Compatry Recommendation s .t
VAcnatement ArAsw rt
Uanagement 0orsiiotsa
Artswts edtsttons f
:f Aanagen icntApprovai
hake tiller to Louhian"a,111c
1Louklanahaeitic Review of Response
7to7ottadons
$to Contract t
i%SWir P3lerARAt1oN & 1 �:
AGENCY APPROVALS
Emironrnental Protection Agency j
LAIr Duality D oil monitoring & arteNtis I I
rYtrmit preparation
'7t06cy sppro mi l
Federal Aviation Administration 2
'Agency a3cPloval Ij ,
federal comrounkadon commissior,3 t
.►erm3t Prspatition ,
:
Agency appy ivel
STATE
Maul Water quality Control noard4' I
ifar vitt preparation .
Agem* approval tR.
fb pattntant of Industrial Ralatlons ,rx
Rteparatton of ap�lieatlori
4AVerq spptoraj during eorutnrelionl
w
LMAL
f `'butte county APohutlon Control bkirkt
Data monitoring, hnalvils
PPermit prop}Fatten
'AVUV approval
r mittleCountyPlanning bepirtntcnt
Pf*iie Draft Envlronmtntal Impoct
Atiettey appieVil tit DtalttiR tl Par
& Qutkling P fruit nd Cradht mipb
Agoncy approval of gradInq permit
Suite count y P46niro comm' won 6 r
peimit PlePatatie l
AgtncyApptora) y ..
CONSTRIICYION
Kill
CQMl.1EitC1ALoPEhATIOtJ � ,.
1077 1970 ifl70 1fI9b 1901 1982 1D63 18134
Weirs t
1 Aentardks2 in dna "14 7 Clean��h Ad Amondrinnta 3 A►utmei PCC aporriral one year boor. eommetilel '
EEA.hadd dvlegati by July 1, i010 the authority opdtalinn data and nd Chi
brepiration.
foamew itvarca ravl.w to the State anis tha local air i AW%ipdj tiviiij It to be lit avldeil by Lou kl4h6P►elt6 ,
poTdu tlorr tulilttil d4tiki. b Allot Inial Itytneering d0wityis'ara etrhp4(td,
4 Aatsvttei Ilu JU atkk ib bi oaef 200 ►anti 6 Rbuta tatilew and fattihimendallon
1 12 3 d
File Signifcance Submit !
Final EIR
Application Decision Draft Released 10 EIR Certified Permits
EIR by County y Approved
Prepare ft
Negative Declaration File for Permits
5
Decision on Final Permit
Negative Declaration Approvals
8
KEY ,
I Meeting with public agenciesto present project,
- 6 Time period during which we must present additional information in the form
of a draft EIR. No more than 225 days, Have sbown 45 to speed up process.
3 Request for meeting to discuss project issues'with any and all
oncerned public agencies. Attendance is required, Sinal EIR e p ' the County and%r a consultant must develope'a
7 45 day time period in which
3 Meeting with a �ncies issues should be vol
distribute it to all agenclas,
g 1 voiced .and mitigation
discussed. Shouli serve to focus F1 R, Alto point at which We could appeal decision, 8. 105 day period in which negative declaration must be certified,
4 Additional a
Requesting agency
meetings to continue communication. Might consider
9 One year time'period during Which ti R mutt be certifiedi
thea lication gs on a weekly basis following the filing of
PP with the County, Y0 Hearings on M and or permits, Can request joint hearings to expedlte the
5 Negative declaration process; proces#:
11 File fol' all otherpermits. This will allow joint hearings,
ti
l
a
1'