Variance Process and Hearing Board IEA Air Committee Meeting – July 2015 Presented by: Jim Dill Sr. Principal Engineer Kleinfelder Tom Rappolt Vice President SCS Tracer Environmental

Variance Hearing Process 2 IEA Air Committee – July 2015 What is a Variance? What is the Hearing Board? What are the Grounds for Granting a Variance? How to Apply The Day of the Hearing Hear it from the Hearing Board Member To Be Discussed:

Variance Hearing Process 3 IEA Air Committee – July 2015 An administrative order granting temporary relief from the provisions of a District rule Allows a facility to operate in violation of a District rule while it takes steps to come into compliance with the rule in question What is a Variance?

Variance Hearing Process 4 IEA Air Committee – July 2015 Types of Variances: Emergency Variance – occurs without warning 90-day Variance – will be compliant within 90 days Interim Variance – protection until regular variance hearing Regular Variance – compliance after 90 days but shorter than one year Product Variance – manufacturer needs time to make product compliant What is a Variance?

Variance Hearing Process 5 IEA Air Committee – July 2015 An independent body consisting of five members appointed by the County Board of Supervisors: an attorney, a professional engineer, a medical professional, and two members of the public Variance granted if justified by particular circumstances affecting an individual business or manufacturer’s product What is the Hearing Board?

Variance Hearing Process 6 IEA Air Committee – July 2015 The Hearing Board must decide that all of the following findings are true: Facility is or will be in violation of District rules Beyond the facility’s reasonable control Requiring compliance would have extreme consequences for business Emissions savings from a shutdown not justified considering the effect on business or public service What are the Grounds for Granting a Variance?

Variance Hearing Process 7 IEA Air Committee – July 2015 Findings are true (cont’d): The facility considered curtailing operations Emissions reduced to the maximum extent feasible The facility will monitor and report emission levels What are the Grounds for Granting a Variance?

Variance Hearing Process 8 IEA Air Committee – July 2015 Will not be issued for: Relief from the consequences of a past violation A public nuisance (odors, public health or damage) Construction or operation of a process or equipment without a permit Violations of the California Health & Safety Code (except for section 41701—visible emissions) May be granted to a Title V facility, but EPA does not recognize variances granted under California law What are the Grounds for Granting a Variance?

Variance Hearing Process 9 IEA Air Committee – July 2015 Submit a petition, facts to support findings, and filing fee to the Clerk of the Hearing Board Hearing Board located in the County Admin Bldg Date/time for hearing will be scheduled How to Apply

Variance Hearing Process 10 IEA Air Committee – July 2015

Variance Hearing Process 11 IEA Air Committee – July 2015

Variance Hearing Process 12 IEA Air Committee – July 2015

Variance Hearing Process 13 IEA Air Committee – July 2015 Facts to Support Findings Need for variance is beyond your reasonable control Impact that denial of a variance would have on your business or agency Negative effect on business without corresponding emissions reduction benefit Steps business has taken to avoid variance How emissions will be minimized during variance Show how continued operation is not a nuisance How records will be kept during variance How to Apply

Variance Hearing Process 14 IEA Air Committee – July 2015 Representing the Facility – Environmental Manager/Air Lead Company Official Other technical, financial, or legal persons Consultant (optional) Be prepared! Brief all members Compelling introduction describing issue and need Supporting calculations, facts and figures If permit mod is necessary, try to have it in process The Day of the Hearing

Variance Hearing Process 15 IEA Air Committee – July 2015 Interim hearing similar to regular hearing What might happen: Variance granted/denied Continuance (possibly more than one) Make sure end dates allow for additional hearings If denied, may chose to appeal The Day of the Hearing

Variance Hearing Process 16 IEA Air Committee – July 2015 Open discussion with Tom Rappolt Hear it from the Hearing Board Member

Variance Hearing Process 17 IEA Air Committee – July 2015 Tom Rappolt (760) , x3277 Jim Dill (949)