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Learn about the types of variances available, how to apply for one, and what happens at a variance hearing.
If a facility is out of compliance (or will be in the future) due to circumstances out of its control, a variance may be requested to offer a temporary relief from specific regulation requirements.
A variance allows a facility to continue operating while it takes immediate steps to regain its compliance. Business owners may apply for a variance to be heard by the Air District’s Hearing Board.
If your violation occurs without warning, you can request an emergency variance. Sudden equipment breakdown, a power failure, or an accidental fire may be grounds for an emergency variance. This type of variance cannot be granted for more than 30 days.
If you need more than 90 days to comply with the Air District’s regulations, you should request a regular variance. This variance may extend beyond a year if it includes a detailed schedule under which the facility will come into final compliance.
If you need immediate protection before your hearing on a regular variance (except for breakdowns), request an interim variance to cover the time until the hearing can be held. You should request the interim variance when you file for the regular variance.
If you can comply with the Air District's regulations within 90 days or less, you should request a short-term variance.
If you manufacture a product (such as a specialized coating) that cannot meet the Air District's requirements, a product variance is needed for the sale, supply, distribution, or use of the product. This variance is granted to the manufacturer of the product.
To apply for an emergency variance:
To apply for all other variances:
The Clerk’s Office will notify you of the date and time of your hearing. The Hearing Board must give 30 days public notice for variance requests of more than 90 days, and 10 days public notice for variance requests of less than 90 days.
View the Variance Hearing Frequently Asked Questions to learn more about what happens at a hearing, how you should prepare, and the grounds under which a variance may be granted.
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Last Updated: 10/27/2016