KERAPCD RULE 519 EMERGENCY VARIANCE          
LAST REVISED 05/00/89
          
          
          RULE 519 Emergency Variance - Adopted 4/18/72, Renumber 5/89

          I.    Upon receipt of a request for an emergency variance, the
                Air Pollution Control Officer shall contact the chairperson
                of the Hearing Board, or other designated member(s) of the
                Hearing Board, to establish a time and place for
                consideration of the request.  The Air Pollution Control
                Officer shall inform the owner or operator of the source of
                such time and place.  During consideration of the emergency
                variance the Air Pollution Control Officer shall recommend
                whether an emergency variance should be granted, and the
                owner or operator of the source shall be entitled to
                present testimony and evidence.  The burden shall be on the
                owner or operator to establish that a breakdown condition
                exists.  Thereafter, the chairperson or other designated
                member(s) may, without notice or hearing, grant or deny an
                emergency variance.  Reasonable conditions may be included
                in the variance.  The chairperson or other designated
                member(s) shall, within five working days, issue a written
                order confirming the decision, with appropriate findings.

          II.   No emergency variance shall be granted unless the
                chairperson or other member(s) determines that:

                A.  The occurrence constitutes a breakdown condition;

                B.  Continued operation is not likely to create an 
                    immediate threat or hazard to public health or safety; 
                    and

                C.  The requirements for a variance set forth in Health 
                    and Safety Code Sections 42352 and 42353 have been met.

          III.  At any time after an emergency variance has been granted,
                the Air Pollution Control Officer may request that the
                chairperson or designated member(s) reconsider and revoke,
                modify or further condition the variance if the Air
                Pollution Control Officer has good cause to believe that:

                A.  Continued operation is likely to create an immediate
                    threat or hazard to public health or safety;

                B.  The owner or operator is not complying with all
                    applicable conditions of the variance;

                C.  A breakdown condition no longer exists; or

                D.  Final compliance is not being accomplished as
                    expeditiously as practicable.

                The procedures set forth in Subparagraph I. shall govern
                any further proceedings conducted under this Subparagraph.

          IV.   An emergency variance shall remain in effect only for as
                long as necessary to repair or remedy the breakdown
                condition, but in no event after a properly noticed hearing
                to consider an interim or 90 day variance has been held, or
                fifteen (15) days from the date of the subject occurrence,
                whichever is sooner.