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Responding to Responding to CommentsComments

Janet CoxJanet CoxTMDL/Planning CommunicationsTMDL/Planning Communications

Region 2Region 2

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Today’s PresentationToday’s Presentation

Different types of commentsDifferent types of comments

Response strategyResponse strategy

Organizing comments, and responsesOrganizing comments, and responses

Preparing the Responses to Comments Preparing the Responses to Comments documentdocument

Recirculation and comments on a Recirculation and comments on a recirculated SEDrecirculated SED

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Range of Comments Range of Comments on the SEDon the SED

Technical comments/questions about the Technical comments/questions about the proposed Basin Plan amendment or TMDLproposed Basin Plan amendment or TMDL

Cost/economics questionsCost/economics questions

Jurisdictional challengesJurisdictional challenges

Process comments/questions Process comments/questions

Opposition to governmental regulationOpposition to governmental regulation

General, non-specific criticism or unrelated General, non-specific criticism or unrelated issuesissues

CEQA comments: re: environmental impacts, CEQA comments: re: environmental impacts, mitigation, alternatives, checklist, CEQA process mitigation, alternatives, checklist, CEQA process

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CEQA Scoping Comments CEQA Scoping Comments

No legal requirement to respond in No legal requirement to respond in writing if submitted before the writing if submitted before the published comment period…published comment period…

BUTBUT

Your environmental analysis must Your environmental analysis must demonstrate consideration of all demonstrate consideration of all CEQA scoping commentsCEQA scoping comments

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Written CEQA Scoping Written CEQA Scoping CommentsComments

Respond in writing, along with all other Respond in writing, along with all other comment-period responsescomment-period responses

Not necessary to include a separate Not necessary to include a separate CEQA section in the RTC documentCEQA section in the RTC document

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CEQA Comments Received CEQA Comments Received After the Comment PeriodAfter the Comment Period

State Board’s CEQA regulations require State Board’s CEQA regulations require that we respond to late CEQA commentsthat we respond to late CEQA comments

Water Board Administrative Procedures Water Board Administrative Procedures Manual cites federal public participation Manual cites federal public participation requirements: requirements:

““Responses to all significant comments, Responses to all significant comments, criticisms and suggestions must be prepared” criticisms and suggestions must be prepared”

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Basin Planning RequirementBasin Planning Requirement

Basin Planning procedures: Basin Planning procedures:

Respond in writing to comments received Respond in writing to comments received earlier than 15 daysearlier than 15 days before Board adoption before Board adoption

Attempt to respond in writing, or at least Attempt to respond in writing, or at least respond verbally at the meeting, to comments respond verbally at the meeting, to comments received received within 15 dayswithin 15 days of the Board hearing of the Board hearing

This is the requirement until revised Water This is the requirement until revised Water Board regs are approvedBoard regs are approved

State Board CEQA Regs Title 23 CCR §3779

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Responsiveness SummaryResponsiveness Summary

““Responses MUST indicate what changes were Responses MUST indicate what changes were made to the draft amendment or give the reason made to the draft amendment or give the reason for not changing the draft amendment as for not changing the draft amendment as recommended. Responses to comments must recommended. Responses to comments must demonstrate comprehension of the intent of the demonstrate comprehension of the intent of the comment, and consideration of the comment by comment, and consideration of the comment by giving the rationale if not accepting suggested giving the rationale if not accepting suggested changes to the regulatory languagechanges to the regulatory language.”.”

Administrative Procedures Manual Ch. 8, p. 30

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Responsiveness SummaryResponsiveness Summary

Summarizes changes to the SED and any Summarizes changes to the SED and any information not reflected in Board packageinformation not reflected in Board package New or late accepted commentsNew or late accepted comments

ResponsesResponses

Indication if policy changed as a result, and Indication if policy changed as a result, and whywhy

To be added to the Admin Record and To be added to the Admin Record and posted on the website with final approved posted on the website with final approved documentsdocuments

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Example of CEQA Example of CEQA Comments and ResponsesComments and Responses

““I suggested an alternative – controlling I suggested an alternative – controlling mercury emissions in China – and you mercury emissions in China – and you ignored me!”ignored me!”

““CEQA requires that a reasonable range of CEQA requires that a reasonable range of alternatives be evaluated and that alternatives alternatives be evaluated and that alternatives be feasible. The SED evaluated the proposed be feasible. The SED evaluated the proposed project and three alternative approaches to project and three alternative approaches to controlling mercury inputs to the Bay. Although controlling mercury inputs to the Bay. Although controlling mercury emissions in China is highly controlling mercury emissions in China is highly desirable, it is not feasible for this project, desirable, it is not feasible for this project, because the Water Board does not have because the Water Board does not have jurisdiction or regulatory authority in China.” jurisdiction or regulatory authority in China.”

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Example of CEQA Example of CEQA Comments and ResponsesComments and Responses

““You held your meetings in a scary neighborhood at You held your meetings in a scary neighborhood at night, and I couldn’t come!”night, and I couldn’t come!”

““During TMDL development we held three public workshops, During TMDL development we held three public workshops, a CEQA scoping meeting, and a public hearing on adoption of a CEQA scoping meeting, and a public hearing on adoption of the TMDL. (list dates and times) As required by law, these the TMDL. (list dates and times) As required by law, these meetings were held in accessible locations within Water meetings were held in accessible locations within Water Board jurisdiction. Board staff consider the time and location Board jurisdiction. Board staff consider the time and location of meetings to maximize public participation. Contact of meetings to maximize public participation. Contact information is included in each official notice of a public information is included in each official notice of a public hearing, to assist people with special needs. However, it is not hearing, to assist people with special needs. However, it is not necessary to attend a public meeting in order to comment on necessary to attend a public meeting in order to comment on our public documents. We respond, officially and in writing, to our public documents. We respond, officially and in writing, to all comments that we receive in writing.”all comments that we receive in writing.”

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Response StrategyResponse Strategy

Take all comments seriouslyTake all comments seriously

Respond in a way that demonstrates your Respond in a way that demonstrates your understanding of the question, or lack…understanding of the question, or lack…

Explain your reasoningExplain your reasoning

Respond to CEQA comments in CEQA Respond to CEQA comments in CEQA context, using CEQA terms context, using CEQA terms

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Response StrategyResponse Strategy

Anticipate non-technical readers/Anticipate non-technical readers/listeners listeners

Be open to making requested text Be open to making requested text changes, as a courtesychanges, as a courtesy

““Thank you for your comment” or Thank you for your comment” or “Comment noted” is not an adequate “Comment noted” is not an adequate response!response!

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Organizing Comments and Organizing Comments and Responses: Possible CategoriesResponses: Possible Categories

CEQA/environmentalCEQA/environmental

ImplementationImplementation

Economic Economic

Technical/methodologyTechnical/methodology

JurisdictionJurisdiction

Basin Planning/TMDL processBasin Planning/TMDL process

Peer review/scientific justificationPeer review/scientific justification

GeneralGeneral

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Use a Spreadsheet to Use a Spreadsheet to Sort and QuoteSort and Quote

Advantages of a sortable matrix of commentsAdvantages of a sortable matrix of comments

Avoid restating the same pointAvoid restating the same point

Delegate types of responses to specific staffDelegate types of responses to specific staff

Track document development progressTrack document development progress

Quote comment directly whenever possibleQuote comment directly whenever possible

Sequential numbering helps in reassembly of Sequential numbering helps in reassembly of RTC documentRTC document

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Organizing Comments and Responses

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Preparing the RTC DocumentPreparing the RTC Document

Simplify the reader’s job of understanding Simplify the reader’s job of understanding the project, and your responsivenessthe project, and your responsiveness

RTC document should stand on its own RTC document should stand on its own with the BPA – these may be all some with the BPA – these may be all some people read, and they need to tell the storypeople read, and they need to tell the story

1:1 relation between comments and 1:1 relation between comments and responsesresponses

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Writing Style and ToneWriting Style and Tone

Your audience is non-technical: the public, Your audience is non-technical: the public, the Board, and the judgethe Board, and the judge

SEDs “shall be written in plain language …SEDs “shall be written in plain language …so that decision makers and the public can so that decision makers and the public can rapidly understand the documents” rapidly understand the documents” (CEQA Guidelines 15140)(CEQA Guidelines 15140)

Define technical terms, spell out acronymsDefine technical terms, spell out acronyms

Voice: Use first person plural, third person, Voice: Use first person plural, third person, NO second person. NO second person.

For the judge, cite relevant code and For the judge, cite relevant code and cite/provide evidencecite/provide evidence

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Format of the RTC DocumentFormat of the RTC Document

Consider an introduction summarizing key and Consider an introduction summarizing key and frequent comments, “master” responses -- APMfrequent comments, “master” responses -- APM

Try not to restate responsesTry not to restate responses

Refer to earlier comments; don’t refer forwardRefer to earlier comments; don’t refer forward

Use type styles to your advantage Use type styles to your advantage

Show changes stemming from comments in Show changes stemming from comments in underline/strikeout in the context of your underline/strikeout in the context of your responseresponse

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Recirculation Recirculation and Responding to and Responding to

Second-Round CommentsSecond-Round Comments

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Recirculation of the SEDRecirculation of the SED

Guidelines §15088

If, before adoption, new evidence arises If, before adoption, new evidence arises requiring substantial revisions to the SED, requiring substantial revisions to the SED, the SED should be recirculated the SED should be recirculated

New comment period required prior to New comment period required prior to adoption of revised SED adoption of revised SED

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New Information New Information Requiring RecirculationRequiring Recirculation

Changes in the project or environmental settingChanges in the project or environmental setting

A new significant environmental impactA new significant environmental impact

Substantial increase in the severity of an Substantial increase in the severity of an environmental impact, if not mitigatedenvironmental impact, if not mitigated

New mitigation measure proposed, which the New mitigation measure proposed, which the Board declines to adoptBoard declines to adopt

Guidelines §15088.5Guidelines §15088.5

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New Information New Information NOTNOT Requiring Recirculation Requiring Recirculation

Mitigation measures … are added that are not Mitigation measures … are added that are not required by CEQA, do not create new significant required by CEQA, do not create new significant environmental effects, and are not necessary to environmental effects, and are not necessary to mitigate an avoidable significant effectmitigate an avoidable significant effect

The new information or document revision The new information or document revision “merely” clarifies or amplifies or makes “merely” clarifies or amplifies or makes insignificant modifications to the SEDinsignificant modifications to the SED

Mitigation measures are replaced with Mitigation measures are replaced with equivalent or more effective measuresequivalent or more effective measures

Guidelines Guidelines §15088.5§15088.5

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Responding to Comments on Responding to Comments on Recirculated DocumentsRecirculated Documents

If the SED is substantially revised and If the SED is substantially revised and recirculated for a new round of commentsrecirculated for a new round of comments

We must notify all commenters of the need to We must notify all commenters of the need to resubmit comments on recirculated resubmit comments on recirculated documentsdocuments

We need not respond in writing to first-We need not respond in writing to first-circulation comments.circulation comments.

Guidelines §15088.5(f) et seq.

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Responding to Comments on Responding to Comments on Recirculated DocumentsRecirculated Documents

If only part of the SED is revised and If only part of the SED is revised and recirculated, the lead agency may recirculated, the lead agency may requestrequest that that reviewers limit second-round comments to reviewers limit second-round comments to revised portions of the documents. Lead agency revised portions of the documents. Lead agency then responds in writing to: then responds in writing to:

All comments on unchanged sections of the first-All comments on unchanged sections of the first-round review documentsround review documents

All comments on revised sections of the recirculated All comments on revised sections of the recirculated documentsdocuments

Guidelines §15088.5

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Questions?Questions?