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This page last reviewed April 22,
2008
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| There are four
primary participants in the variance process which are listed below in
the general order of involvement. |
| 1) |
The PETITIONER,
who is in current or imminent violation due to conditions beyond
petitioner's reasonable control, and who must request a variance to
continue operating while making repairs or modifications necessary to
come into compliance with the applicable air pollution control district
rule or regulation (or with Health & Safety Code HSC §41701.) |
| 2) |
The DISTRICT STAFF, who usually
performs some of the administrative functions of processing a variance,
such as providing the application for variance form (or "petition").
The District staff may also include the Clerk of the hearing board, who
will schedule the matter for hearing. A separate section of District
staff also appear as a party to the variance proceeding. District staff
may oppose or support the variance, for reasons that must be stated on
the record, or take a neutral position on the variance. District staff
typically prepares a staff report, which is
provided to board members prior to the hearing and contains background,
emissions data, enforcement history, and other information regarding
the facility or individual requesting the variance. District staff also
follows up to ensure that the increments of progress, emission limits
and final compliance dates contained within the variance order are met.
A model district program would meet all of ARB's Variance Program Criteria. |
| 3) |
The HEARING
BOARD consisting of five members, one of whom is the Chair (some
hearing boards have "alternate" members who hear cases when the regular
members are not available). The HSC requires that one member be a
medical professional, one an engineer, one a lawyer, and two, public
members. There is one hearing board for each local air pollution
control district (except in the San Joaquin Valley where there are
three: the Northern Zone, Central Zone, and Southern Zone) for a total
of 37 hearing boards in California. Their role is to weigh the facts
and circumstances and decide whether to grant or deny a variance, based
on whether testimony and evidence presented on record at the hearing
allows each of the findings to be made. The hearing board is also
charged with hearing various permit appeals, disputes regarding the
issuance of emission reduction credits, and abatement orders. This
website covers the variance portion of their job functions. |
| 4) |
The AIR
RESOURCES BOARD (ARB), which ensures that all variance orders granted
in the State of California by local air pollution control district
hearing boards are issued in accordance with state law (HSC §42362). The hearing
boards are required to send the ARB a copy of their orders within 30
days of being granted (HSC §42360). The ARB
evaluates these orders to ensure compliance with H&SC
requirements, including the requirement of compliance to be achieved as
expeditiously as possible. The ARB also attends hearings, evaluates
local air district programs and conducts variance training to inform
hearing board members, district staff, variance applicants and the
public on the requirements that must be met before a variance may be
granted. |
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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. For Hearing Board Workshop information, please
contact Vickie McGrath at
(916) 324-7343.
Variance Oversight Program
If
you have any questions regarding California's Variance Oversight
Program, please contact
Ed Virgin at (916)
322-5866.
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