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background traffic volumes during those later hours are lower. Thus, the proposed Project would neither conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, nor conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways. Mitigation: None required. Air Quality and Climate Channe The EIR determined that the operation of the asphalt batch plant during the proposed nighttime operations is considered a potentially significant impact even after mitigation. A qualitative analysis was done based on previous odor complaints attributed to the facility from the operation of the asphalt batch plant. Dispersion modeling was conducted to evaluate concentrations of Hydrogen Sulfide and potential odor impacts at the nearest sensitive residential receptors. Dispersion modeling analysis shows a potential maximum 1-Hour Hydrogen Sulfide concentration of 20 Ng/m3. The California ambient air quality standard for Hydrogen Sulfide is 42 Ng/m3. Thus, the project is not expected to result in ground-level concentration known to produce odor impacts; however, the number of complaints from the operation of the asphalt batch plant is considered potentially significant. While dispersion modeling does not show a potentially significant impact based on Hydrogen Sulfide concentration, the record of previous odor complaints and the potential for increased sensitivity at night, would result in a potentially significant impact. Mitigation Measures: Measure 3.3.1. The operator shall incorporate additives to the rubberized asphalt mix in accordance with accepted industry standards. The objective of the additives shall be to reduce offensive odors associated with the production of rubberized asphalt. The operator shall consider technological improvements to reduce odors, as they become available, and incorporate if feasible. The operator shall ensure that loading, unloading, and material handling activities are carried out efficiently and without delays to avoid excessive odors. The operator shall use water trucks and/or sprinkler systems to reduce the potential dust associated with the operation. Significance After Mitigation: Dispersion modeling shows that the California ambient air quality standard for Hydrogen Sulfide would not be exceeded. The use of additives in the AC mix should reduce the odor associated with rubberized AC production. However, based on previous complaints, it cannot be demonstrated that all odor impacts to receptors within one mile would be reduced to the point where no future complaints would be received. Therefore, the impact is identified as significant and unavoidable. In a letter dated November 16, 2011 from the San Joaquin Valley Air Pollution Control District stated, "under the current request for nighttime operations an increase in odor complaints would be expected". An increase in the number and frequency of odor complaints regarding this facility would exacerbate and existing significant impact. Under these circumstances, the facility operator would potentially be subject to enforcement action public nuisance violations under District Rule 4102 and or Califomia Health and Safety Code Section 41700. Additionally, the Legislature has declared its intent that CEC,A shall regulate such activities so that major consideration is given to preventing environmental damage,while providing a decent home and satisfying living environment for every Califomian. (Public Resources Code, Division 13, Section 21000(g)) As a result of these potentially significant impacts staff is unable to recommend approval of the revisions of approved actions based on the inability to make Finding No. 3. San Joaquin County QX-89-0002/Aggregates Inc. Community Development Page 6