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.