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assume that 75 percent PM10 control is achieved. (Draft EIR, Appx. D.) This control efficiency is higher than would be achieved by implementing Rule VIII. Thus, the fugitive emissions reported in the Draft EIR are in excess of Rule VIII reductions. Second, the County cannot rely on other regulatory statutes to satisfy CEQA requirements. CEQA requires that all feasible mitigation be imposed to reduce impacts below the level of significance. Air permitting regulations, on the other hand, require the imposition of best available control technology ("BACT") and the use of emission offsets, among others. Emission offsets, for example, are not valid — mitigation because there is no nexus between project emissions and the offsets, as B-32 explicitly required by CEQA. (See Nollan v. California Coastal Commission,483 U.S. 825 cont. _ (1987) and CEQA Guidelines, Section 15126.4(a)(4)(A).) These types of measures do not necessarily satisfy CEQA. Further, the Draft EIR does not disclose what additional controls might be imposed in the ATC permit. Presumably, controls that will be required by the Project's ATC are already part of the Project design and include the various — scrubbers and fabric filters disclosed in the Excel spreadsheets in Exhibit 1. The emissions in the Draft EIR are in excess of controls in the ATC permit. Thus, there is no basis for concluding that PM10 impacts in fact have been mitigated. — The PM10 emissions disclosed in the Draft EIR, 363 ton/yr (Table 4.6-5A), _ exceed the CEQA PM10 significance threshold of every air district that has such thresholds. These emissions are significant and must be further mitigated. IV.D The Draft EIR's Emission Estimates Are not Accurate The Draft EIR's emissions estimates are inaccurate for a number of reasons as — discussed in the following comments. IV.D.I Fugitive PM10 Emissions from Unpaved Roads The Excel spreadsheets estimated fugitive PM10 emissions from unpaved roads within the facility using a controlled emission factor of 0.456 pounds of PM10 per vehicle mile traveled ("lb/VMT"). This emission factor is calculated in the Draft B-33 EIR, Appendix D, pages 10-11. We were unable to reproduce this emission factor. Our calculations indicate that the controlled fugitive PM10 emission factor for unpaved roads should have been 0.762 lb/VMT.32 Thus, the Draft EIR underestimated fugitive PM10 emissions from unpaved roads within the facility by — about a factor of two. 32 Unpaved road PM10 emission factor:(1-0.75)(1.5)(10/12)09(34/3)0"5[(365-72)/365] =0.762 lb/VMT. 24