(a) Any evaporative system builder or component manufacturer subject to this Article that cannot meet the applicable requirements set forth in sections 2854 or 2855 of this Article, due to extraordinary reasons beyond the evaporative system builder's or component manufacturer's reasonable control, may apply in writing for a variance. The variance application must set forth:(1) The provisions of the regulations for which a variance is sought;(2) The specific grounds upon which the variance is sought;(3) The proposed date(s) by which compliance will be achieved; and(4) A compliance plan detailing the method(s) in which compliance will be achieved.(b) Within 75 calendar days of receipt of a variance application containing the information required in subsection (a), the Executive Officer, or an authorized representative of the Executive Officer, must hold a public hearing to determine whether, under what conditions, and to what extent, a variance is necessary and should be allowed. Notice of the time and place of the hearing must be sent to the applicant by certified mail not less than 30 calendar days before the hearing. Notice of the hearing must also be submitted for publication in the California Regulatory Notice Register and sent to every person who requests such a notice, not less than 45 calendar days before the hearing. The notice must state that all parties may, but do not need to be, represented by counsel at the hearing. At least 30 calendar days before the hearing, the variance application must be made available to the public for inspection. Interested members of the public must be allowed a reasonable opportunity to testify at the hearing and their testimony must be considered.(c) No variance may be granted unless all of the following findings are made: (1) That, due to reasons beyond the reasonable control of the applicant, compliance cannot be achieved due to extraordinary circumstances; and(2) That the public interest in granting the variance outweighs the public interest in denying the variance; and(3) That the compliance plan proposed by the applicant can reasonably be implemented and will achieve compliance as expeditiously as possible; and(4) That the applicant has mitigated the noncompliance to the maximum extent feasible and will continue to do so during the variance period.(d) Any variance order must specify a final date by which compliance will be achieved. Any variance order must contain a condition that specifies increments of progress necessary to assure timely compliance, and such other conditions, especially as they pertain to limiting any excess emissions caused by the granting of the variance, that the Executive Officer, in consideration of the testimony received at the hearing, finds necessary to carry out the purposes of Health and Safety Code (Health & Saf. Code), division 26.(e) A variance will cease to be effective upon failure of the responsible representative to whom the variance was granted to comply with any term or condition of the variance.(f) Upon the application of any person, the Executive Officer may review, and for good cause, modify or revoke a variance from applicable requirements of sections 2854 or 2855 after holding a public hearing in accordance to the provisions in subsection (b).(g) A variance will not be granted for more than one full MY after the year such variance is granted.Cal. Code Regs. Tit. 13, § 2867
1. New section filed 2-8-2016; operative 4-1-2016 (Register 2016, No. 7). Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.
1. New section filed 2-8-2016; operative 4/1/2016 (Register 2016, No. 7).