SDAPCD RULE 97 EMERGENCY VARIANCE               
LAST REVISED 05/28/91

               
               RULE 97.   EMERGENCY VARIANCE   (Effect. 4/21/78:  Rev.
                                                Effect. 5/28/91)

                (a)   A request for an emergency variance shall be filed with 
           the Clerk of the Hearing Board at the San Diego County 
           Administration Center, Room 402, San Diego, California   92101.  
           (Rev. Effect. 5/28/91)

                (b)   Upon receipt of a request for an emergency variance from 
           the District Rules and Regulations, the Chairperson of the Air 
           Pollution Control District Hearing Board, or any other member of 
           the Hearing Board the Chairpersons may designate, may issue without 
           notice and public hearing, an emergency variance up to 30 days.  An 
           emergency variance shall be issued only if, in addition to all the 
           findings required by Section 42352 and 42353 of the State Health 
           and Safety Code, the Chairperson or member(s) finds that:

                      (1)  The operation resulting from the variance shall not
                create a private or a public nuisance.

                      (2)  The purpose of the emergency request is not to 
                avoid notice requirements for a hearing on the request.

                      (3)  It is impractical to hear the request at the next
                scheduled meeting of the Hearing Board.

                      (4)  In the event of a breakdown, as defined by Rule 98, 
                the requirements of said Rule 98 for requesting a variance 
                have been fulfilled.

                (c)   The Clerk of the Hearing Board shall notify the Air
           Pollution Control Officer and the person requesting a variance of 
           the time and place of a hearing on the request for an emergency 
           variance.  Such notification may be made by telephone.

                (d)   Before granting an emergency variance pursuant to
           Subdivision (a), the Chairperson or designated member(s) of the 
           Hearing Board (1) shall give the Air Pollution Control Officer an 
           opportunity to respond to the request, and (2) may consult the Air 
           Pollution Control Officer in order to obtain information.

                (e)   An emergency variance shall not be granted from the
           requirement that an Authority to Construct be secured from the Air
           Pollution Control District before building, erecting, altering, or
           replacing any article, machine, equipment or other contrivance, 
           which may cause the issuance of air contaminants.

                (f)   In granting an emergency variance pursuant to 
           Subdivision (a) of this rule, the Chairperson or designated 
           member(s) of the Hearing Board may impose conditions, as 
           appropriate, which shall remain in effect during the term of the 
           emergency variance.

                (g)   The Clerk of the Hearing Board shall notify the Air
           Pollution Control Officer when an emergency variance is granted
           pursuant to this rule, and within 30 days shall submit to the
           California Air Resources Board a copy of the order granting an
           emergency variance.
                
                (h)   The Hearing Board shall adopt standards and guidelines
           consistent with this rule to assist the Chairperson or other 
           designated member(s) of the Hearing Board in determining whether to 
           grant or deny a emergency variance.