Two weeks after issuing a 10-page detailed letter highly critical of the Chevron Modernization Draft EIR, the California Attorney General’s Office issue a second letter on June 20, 2014, confirming that all the attorney general’s concerns had been addressed in the Final EIR.

The second letter focused on Alternative 6.5.11, which combines the sulfur processing alternative with no physical increase in greenhouse gas emissions from refinery operations. Alternative 6.5.11 would require Chevron to keep physical emissions of GHGs from Refinery operations at no higher than baseline levels, require no net increase in GHG emissions from any production of hydrogen for export and require that Chevron implement all of the Final EIR’s GHG mitigation measures, including the funding of community-based GHG reduction programs.

Click here for the June 20, letter from the attorney general, which concludes, “Based on our review of the Final EIR and the above understandings, the AGO supports the adoption of Alternative 6.5.11. Adoption of this alternative, along with other improvements made in the Final EIR and the improvements referenced in footnote 2, would resolve the AGO’s concerns associated with the City’s review and approval of this project.”

It appears the first letter from the attorney general was dated June 6, three days before the Final EIR was released on June 9, which was confusing because June 7-8 was a weekend, so the first AG letter and the release of the Final EIR were almost simultaneous. It was widely assumed that the first AG letter addressed the Final EIR rather than the Draft EIR.

It is currently anticipated that the Planning Commission will have one or more hearings the consider certifying the EIR and approving a conditional use permit the week of July 7 and that, if appealed, the Planning Commission’s decision would go to the City Council before the end of July for final action.

Tom Butt E-Forum - Sunday, June 22, 2014