COMMUNITIES FOR A BETTER ENVIRONMENT v. SOUTH COAST AIR QUALITY MANAG PART III
Southern California Air Quality Management District abused its discretion in issuing a negative declaration for a diesel fuel manufacturing project where opponents offered substantial evidence supporting a fair argument that the project's nitrogen dioxide emissions may have a significant effect on the environment. In finding no significant effect, SCAQMD improperly relied on a baseline level of permitted emissions, as set forth in RECLAIM permit, which did not reflect existing physical conditions. SCAQMD properly exercised its discretion in concluding that project would not have a significant adverse environmental impact resulting from hazards associated with soil contamination and ammonia where there was undisputed evidence of the adequacy of refinery's handling of those hazards. SCAQMD also properly declined to apply local regulation to evaluate the project's permit, as the regulation was ineffective at the time the SCAQMD issued its permit as a result of EPA's withdrawal of its delegation of enforcement authority to SCAQMD.
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