Ultramar, Inc. v. South Coast Air Quality Management District
Opinion
Opinion
Masterson, J.
Ultramar, Inc., and South Coast Air Quality Management District (AQMD) each appeal from portions of a judgment. Therein, the trial court upheld AQMD’s power to issue a regulation challenged by Ultramar, but found that AQMD had violated a provision of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.; hereafter CEQA) relating to a 30-day public comment period on an environmental assessment (EA). We conclude the trial court was correct in both respects and therefore affirm the judgment.
Background
Hydrogen fluoride (HE) is a colorless, fuming gas or liquid acid. In concentrated form, it is used by oil refineries as a catalyst in the production of high-octane gasoline. HE is a toxic air contaminant. Refineries that do not use HE use sulfuric acid as a substitute.
In March 1988, AQMD formed a task force to study the hazards of HE use. The task force submitted a report to the governing board of AQMD on March 29, 1990. A summary of the minutes from the April 6, 1990, meeting of the governing board of AQMD states that the board passed a motion to adopt its staffs recommendation “that the storage and use of large quantities of HE be phased out by…