The Air Pollution Control District Hearing Board (Hearing Board) was established by state law and consists of five members appointed by the Air Pollution Control Board
If a business is or will be in violation of a District Rule and there is good reason why immediate compliance cannot be attained, and the business must continue operating in noncompliance, then the business has the option of petitioning for a variance from the
Hearing Board. A variance is an administrative order granting temporary relief from a District rule for a specific period of time.
A variance, if granted, allows a business to operate while steps are taken to come into compliance.
Besides hearing requests for variances from air quality rules, the Hearing Board also hears appeals of operating permits and
conditions set by the District in accordance with District Rule
25, and listens to requests for permit revocations and abatement orders. The Hearing Board does not have jurisdiction over Notices of Violation issued by the District.
A person may apply for a variance or appeal the issuance or denial an operating permit by submitting the appropriate forms and filing fee to the Clerk of the Air Pollution Control District
Hearing Board.
District Advisory: Variance and Hearing Board Process and Procedures
Hearing Board Rules and Regulations
Hearing Board Agenda and Prior Board Actions
District Rule42 Hearing Board Filing Fee
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