Variance Oversight Program
This page last reviewed June 1, 2015
Air District Hearing Boards are authorized to issue variances to stationary sources that currently are, or likely may become, out of compliance with their local district rules, regulations, or Health and Safety Code (HSC) 41701. 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 HSC 42352. ARB has oversight authority over all variances. This oversight consists of a thorough review to determine that the requirements of the HSC are met and that compliance with increments of progress and emission standards are met as expeditiously as possible.
Several entities are involved throughout the variance process: petitioner, district staff, hearing board, the public, and ARB, all having different levels of involvement, responsibility and authority. There are numerous regulations that pertain to the issuance of variance and abatement orders; therefore, ARB offers Hearing Board Workshops to provide useful information and guidance for anyone involved in the variance process.
|Information offering an overview of variance fundamentals, including the roles of the entities involved in the variance process.|
|Board Members||This page contains information for Hearing Board Members regarding findings required for granting a variance.|
|District Staff||Here you will find information regarding district staff and the administrative functions involved in the variance process .|
|Petitioners||This page contains helpful information for those requesting a variance from a local air pollution control district hearing board|
|ARB's Role||ARB is required to ensure that all variance orders granted by local air district hearing boards are issued in accordance with state law|
|Laws & Regulations||Links to the regulations pertaining to hearing boards and variances|
|Workshops||ARB offers Hearing Board Workshops customized for district’s specific needs, along with variance program assistance.|
|Advisories||Links to ARB advisories related to local air district variance programs|
|Legal Opinions||Visit this page to view opinions and memos from ARB's Legal Office regarding variances.|