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Variances
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.
Variance Types
Short:
If compliance with District rule(s) can be achieved in 90 days or less, request a short variance. (Hearing will be held after required 10-day posting notice.)
Regular:
If compliance with District rule(s) will take more than 90 days, request a regular variance. If the variance request will extend beyond one year, you must include a specific detailed schedule of increments of progress which will lead to final compliance. (Hearing will be held after required 30-day public notice.)
Emergency:
If non-compliance is the result of an unforeseen emergency, such as a sudden equipment breakdown, power failure, or accidental fire, you may request an emergency variance. You may request an ex parte emergency variance in addition to an emergency variance. An emergency variance cannot be granted for more than 30 days. Petitioner must present facts in its Petition and/or at the hearing to support a determination by the Hearing Board that good cause exists to hear a variance without notifying the public about the variance and providing the public with an opportunity to present evidence concerning the variance. (Hearing will be held as soon as possible during normal business hours after filing.)
Interim:
If you require immediate relief (other than for emergencies) to cover the time until a short or regular variance hearing can be held, request an interim variance. An interim variance cannot extend beyond 90 days. If you request an interim variance, you must also request a short or regular variance on the same Petition. Petitioner must present facts, in its Petition and/or at the hearing, to support a determination by the Hearing Board that good cause exists to hear a variance without notifying the public about the variance and providing the public with an opportunity to present evidence concerning the variance. (Hearing will be held as soon as possible after filing based on the Hearing Board’s calendar.)
Group:
If there are multiple petitioners who are seeking variances based on common issues of law and fact, they may file for a group variance. The Air District General Counsel’s Office should be consulted prior to filing for a group variance. The Petition must be accompanied by written declarations, signed under penalty of perjury, from each member of the group setting forth sufficient evidence to support the findings for a variance. No person will be included in the group without the submission of the declaration. Counsel for the APCO must stipulate to the admissibility of each declaration. Emergency relief is not available for a group variance. (Hearing will be held after notice requirements for either a short or regular variance are met, depending on the time requested.)
Product:
If you are a manufacturer whose product does not comply with Air District regulations, you may request variance coverage for the sale, purchase, and use of that particular product. Consult the H&S Code Sections 42365 et seq. for additional requirements that attach to a product variance. (Hearing will be held after notice requirements for either a short or regular variance are met, depending on the time requested.)
How to Apply
- Contact the Clerk of the Boards (see Contact Us list at bottom of page) and make a variance request. The Clerk will note the date and time of your call.
- Download and complete the Petition for Variance Form.
- Submit the form to the Clerk’s Office the same business day (or next business day, depending on the time of your call).
- Submit the filing fee (see Schedule A) within 4 business days of the date the application is filed.
Next Steps
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.
Hearing Information
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.
Last Updated: 8/3/2023