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HomeHealth and Safety CodeDiv. 26Pt. 4Ch. 4Art. 2§ 42350 Variance Application Rules

§ 42350 Variance Application Rules

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 42350 Variance Application Rules

Key Takeaways

  • •You can ask for special permission to break certain air pollution rules, but not all of them.
  • •You can't get special permission to skip a permit if the district requires one for building or changing things.
  • •Big polluters (called Title V sources) can't get special permission to skip their operating permits.
  • •If the area has a pollution cap (a limit on total pollution), you can't get special permission to pollute more than the cap allows.

Example

A factory wants to build a new chimney but doesn’t want to get a permit.

The factory can’t get special permission to skip the permit because the law says permits are required for building or changing things that affect pollution.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 42350 Variance Application Rules

(a)  Any person may apply to the hearing board for a variance from Section 41701 or from the rules and regulations of the district. (b)  (1)  If the district board has established a permit system by regulation pursuant to Section 42300, a variance, or an abatement order which has the effect of a variance, may not be granted from the requirement for a permit to build, erect, alter, or replace. (2)  Title V sources shall not be granted a variance, or an abatement order which has the effect of a variance, from the requirement for a permit to operate or use. (3)  In districts with emission-capped trading programs, no variance shall be granted from the emission cap requirement. (Amended by Stats. 1996, Ch. 618, Sec. 5. Effective January 1, 1997.)

Last verified: January 24, 2026

Key Terms

pollutionvarianceregulationemissionhearingrequirementanyoneabatement

Related Statutes

  • § 42301.16 Agricultural Air Permit Requirements
  • § 42355 Variance Performance Bond Requirement
  • § 42358 Variance Compliance Deadlines
  • § 42359.5 Emergency Variance Issuance
  • § 42372 Product Variance Compliance Deadlines

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 42350.
View Official Source