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This page last reviewed May 12, 2008 BackgroundAir Districts are allowed to issue variances to stationary sources that may currently be or may become out of compliance with their rules or regulations. A petition for a variance must be brought before an air district hearing board which allows or denies the petition, based on a set of criteria defined by the Health and Safety Code (HSC). The ARB has oversight authority over all variances granted by Local Air District Hearing Boards. This oversight consists of a thorough review of granted variances to determine that the requirements of the HSC are met and that compliance with increments of progress and emission standards are met as expediently as possible. There are several entities involved throughout the process: the petitioner, district staff, hearing board, and ARB. All have different levels of authority and responsibilities. There are numberous regulations that pertain to the issuance of variance orders. Additionally, the open meeting requirements of the Ralph M. Brown Act apply in regard to variance hearings. The ARB offers Hearing Board Workshops which provide useful information for anyone involved in the variance process.
For further information about the Variance Program, please view our list of Variance Program Contacts.
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