Item 18 - Appeal Application Nos. 2023-02 and 2023-03 for Cabrillo Town Center project

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• SCAQMD Rule 402, which states that a person shall not discharge from any source whatsoever such quantities of air contaminants or other materials which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. • SCAQMD Rule 403, would reduce the amount of particulate matter entrained in ambient air as a result of anthropogenic fugitive dust sources by requiring actions to prevent, reduce or mitigate fugitive dust emissions. • SCAQMD Rule 431.2, would require use of low -sulfur fuel in construction equipment. • SCAQMD Rule 445 would prohibit the inclusion of wood burning fireplaces in any residences. • SCAQMD Rule 1113, which limits the VOC content of architectural coatings. • In accordance with Section 2485 in Title 13 of the California Code of Regulations, the idling of all diesel -fueled commercial vehicles (with gross vehicle weight over 10,000 pounds) during construction would be limited to five minutes at any location. • In accordance with Section 93115 in Title 17 of the California Code of Regulations, operation of any stationary, diesel -fueled, compression -ignition engines would meet specific fuel and fuel additive requirements and emissions standards. Air Quality Management Plan. SCAQMD adopted the 2022 Air Quality Management Plan (AQMP) on December 2, 2022, updating the region's air quality attainment plan to address the "extreme" ozone non - attainment status for the Basin and the severe ozone non -attainment for the Coachella Valley Basin by laying a path for attainment by 2037. This includes reducing NOx emissions by 67 percent more than required by adopted rules and regulations in 2037. The AQMP calls on strengthening many stationary source controls and addressing new sources like wildfires, but still concludes that the region will not meet air quality standards without a significant shift to zero emission technologies and significant federal action. The 2022 AQMP relies on the growth assumptions in SCAG's 2020-2045 RTP/SCS. Multiple Air Toxics Exposure Study V. To date, the most comprehensive study on air toxics in the Basin is the Multiple Air Toxics Exposure Study V, released in August 2021.4 The report included refinements in aircraft and recreational boating emissions and diesel conversion factors. It finds a Basin average cancer risk of 455 in a million (population -weighted, multi -pathway), which represents a decrease of 54 percent compared to the estimate in MATES IV (page ES-13). The monitoring program measured more than 30 air pollutants, including both gases and particulates. The monitoring study was accompanied by computer modeling that estimated the risk of cancer from breathing toxic air pollution based on emissions and weather data. About 88 percent of the risk is attributed to emissions associated with mobile sources, with the remainder attributed to toxics emitted from stationary sources, which include large industrial operations, such as refineries and metal processing facilities, as well as smaller businesses such as gas stations and chrome plating facilities (page ES-12). The results indicate that 4 South Coast Air Quality Management District, MATES-V Study. https://www.agmd.gov/home/air-quality/air- quality-studies/health-studies/mates-v Cabrillo Town Center Air Quality ac77ca PAGE 7 18-653 City of Santa Ana 10/3/2023 July 2023