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LEA Advisory #22 June 1, 1995 Page 3 CIWMB, as a responsible agency in the CEQA process, may find the use of an exemption to be inappropriate if the record (permit package, inspection reports, previous CEQA documents, etc.) indicates that there may be potential significant impacts. Changes and CEQA Analysis If it is found that changes to the RFI or permit do not qualify for an exemption, then an initial study must be conducted to determine if a Negative Declaration, Mitigated Negative Declaration or an Environmental Impact Report needs to be developed. Any draft or proposed environmental document developed to support a permit approval must be circulated through the State Clearinghouse prior to adoption or certification by the lead agency. Addressing CEQA Compliance Problems Inappropriate or inadequate CEQA compliance for changes in design and operation can be avoided by encouraging lead agencies to request early involvement by all agencies with approvals over the project. This would assist the lead agency in developing adequate documentation for use by each agency in their project approval process. The LEA and CIWMB, as responsible agencies, have several options available to them if they determine that an EIR or Negative Declaration is inadequate. The options are outlined in CCR §15096(e): Decision on Adequacy of EIR or Negative Declaration. If a Responsible Agency believes that the final EIR or Negative Declaration prepared by the Lead Agency is not adequate for use by the Responsible Agency, the Responsible Agency must either: (1) Take the issue to court within 30 days after the Lead Agency files a Notice of Determination; (2) Be deemed to have waived any objection to the adequacy of the EIR or Negative Declaration; (3) Prepare a subsequent EIR if permissible under Section 15162; or (4) Assume the Lead Agency role as provided in Section 15052(a)(3). The full text of CEQA Guidelines §15162 is found on page 3. Section 15052(a) states: (a) Where a Responsible Agency is called on to grant an approval for a project subject to CEQA for which another public agency was the appropriate Lead Agency, the Responsible Agency shall assume the role of the Lead Agency when the following occur: (1) The Lead Agency did not prepare any environmental documents for the project, and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency.