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Variance Fundamentals for Board Members
This page last reviewed May 23, 2011
This page contains variance information for hearing board members and local air district staff. This information is also useful to source owners and operators who may come before a hearing board to request a variance from a local air pollution control district rule or regulation.
Information for Hearing Board Members
The Hearing Board must make six specific findings prior to granting a variance as specified in Health and Safety Code (HSC) §42352. These findings need to be based upon evidence presented by the applicant and other parties, including public comments, and discussed by the hearing board on the record, at the hearing. When a variance is granted which allows greater emissions than are allowed by law, conditions must be placed on the source to minimize those emissions to the maximum extent feasible (HSC §42353.) In addition to the six explicit findings, there are two implicit findings: HSC §42353 (Nuisance) and HSC §42362 (Expeditious Compliance Schedule).
The document Information for Hearing Board Members was originally written by ARB's Office of Legal Affairs for the California Air Pollution Control Officers' Association (CAPCOA), in conjunction with the South Coast Air Quality Management District and the Bay Area Air Quality Management District. It was recently updated by ARB and contains useful information for hearing board members.
Brown Act Requirements
The "open meeting" requirements of the Ralph M. Brown Act (pdf 474K) (Govt. Code Section 54950) are applicable to local air district hearing boards.
Hearing Board Workshops
The ARB recommends that variance district staff attend our Hearing Board Workshops. These workshops provide useful information for anyone involved in the variance process.
Variance Program Contacts
For information regarding California's Variance Oversight Program or Hearing Board Workshops, please email Vickie McGrath or telephone
