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14 refined health risk assessment which adequately and accurately evaluates health risk impacts associated with both Project construction and operation. Greenhouse Gas Failure to Implement All Feasible Mitigation The DEIR concludes that the proposed Project would result in 9,861.60 megatons of CO2 equivalents per year (MT CO2e/year), which would exceed the SCAQMD Tier 3 mixed-use screening threshold of 3,000 MT CO2e/year (p. 5.6-22). As a result, the DEIR concludes that the Project’s GHG impact would be potentially significant (p. 5.6-22). In an attempt to mitigate this impact, the DEIR states: “The Project would include sustainable design features and comply with Title 24/CalGreen standards; however, approximately 60 percent of the GHG emissions would be generated by vehicle trips. Neither the Project Applicant nor the Lead Agency (City of Santa Ana) can substantively or materially reduce the vehicular-source GHG emissions” (p. 5.6-22). Despite complying with Title 24 and CalGreen standards, the DEIR states that the Project’s GHG impact would be significant and unavoidable (p. 5.6-22). However, while we agree that the Project’s GHG impact would be significant, the DEIR’s assertion that the Project’s GHG impact would be unavoidable and cannot be mitigated further is incorrect. According to CEQA Guidelines § 15096(g)(2), “When an EIR has been prepared for a project, the Responsible Agency shall not approve the project as proposed if the agency finds any feasible alternative or feasible mitigation measures within its powers that would substantially lessen or avoid any significant effect the project would have on the environment.” As you can see, an impact can only be labeled as significant and unavoidable after all available, feasible mitigation is considered.26 Review of the Project’s proposed mitigation measures, however, demonstrates that the DEIR fails to implement all feasible mitigation. Therefore, the DEIR’s conclusion that impacts are significant and unavoidable is unsubstantiated. As a result, additional mitigation measures should be identified and incorporated in an updated EIR in order to reduce the Project’s air quality impacts to the maximum extent possible. Until all feasible mitigation is reviewed and incorporated into the Project’s design, impacts from GHG emissions should not be considered significant and unavoidable. Feasible Mitigation Measures Available to Reduce Construction Emissions Our analysis demonstrates that, when Project activities are modeled correctly, construction emissions would result in potentially significant impacts. Therefore, additional mitigation measures must be identified and incorporated in a DEIR to reduce these emissions to a less than significant level. 26 “Final Draft Guidance for Assessing and Mitigating Air Quality Impacts.” SVJUAPCD, February 2015, available at: http://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF, p. 115.