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HomeHealth and Safety CodeDiv. 26Pt. 4Ch. 4Art. 2§ 42352 Variance Eligibility Requirements

§ 42352 Variance Eligibility Requirements

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

§ 42352 Variance Eligibility Requirements

Key Takeaways

  • •You can ask for a break from air pollution rules if following them would hurt your business or property too much.
  • •The break is only given if closing your business or taking your property doesn’t actually help reduce pollution.
  • •You must try to reduce pollution as much as possible even during the break.
  • •You might have to check and report your pollution levels if asked.

Example

A small factory is struggling to follow new air pollution rules because the equipment to reduce pollution is too expensive.

The factory can ask for a break from the rules if they can show that following them would force them to close down without actually helping reduce pollution. But during this break, they still have to do their best to reduce pollution and report their pollution levels if asked.

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

Official Source
View on CA.gov

§ 42352 Variance Eligibility Requirements

(a)  No variance shall be granted unless the hearing board makes all of the following findings: (1)  That the petitioner for a variance is, or will be, in violation of Section 41701 or of any rule, regulation, or order of the district. (2)  That, due to conditions beyond the reasonable control of the petitioner, requiring compliance would result in either (A) an arbitrary or unreasonable taking of property, or (B) the practical closing and elimination of a lawful business. In making those findings where the petitioner is a public agency, the hearing board shall consider whether or not requiring immediate compliance would impose an unreasonable burden upon an essential public service. For purposes of this paragraph, “essential public service” means a prison, detention facility, police or firefighting facility, school, health care facility, landfill gas control or processing facility, sewage treatment works, or water delivery operation, if owned and operated by a public agency. (3)  That the closing or taking would be without a corresponding benefit in reducing air contaminants. (4)  That the applicant for the variance has given consideration to curtailing operations of the source in lieu of obtaining a variance. (5)  During the period the variance is in effect, that the applicant will reduce excess emissions to the maximum extent feasible. (6)  During the period the variance is in effect, that the applicant will monitor or otherwise quantify emission levels from the source, if requested to do so by the district, and report these emission levels to the district pursuant to a schedule established by the district. (b)  As used in this section, “public agency” means any state agency, board, or commission, any county, city and county, city, regional agency, public district, or other political subdivision. (Amended by Stats. 1992, Ch. 1025, Sec. 1. Effective January 1, 1993.)

Last verified: January 24, 2026

Key Terms

pollutionvariancecompliancepublic agencyconsiderationregulationtreatmentdetention

Related Statutes

  • § 42352.5 Variance Hearing Board Criteria
  • § 42301 Air Pollution Permit Requirements
  • § 42350 Variance Application Rules
  • § 42358 Variance Compliance Deadlines
  • § 42359.5 Emergency Variance Issuance

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 42352.
View Official Source