Emergency Variance Application Form Instructions
Requests for emergency variances (EV) from Bay Area Air Quality Management District
(BAAQMD) air pollution regulations should be submitted to the Hearing Board of the BAAQMD
using the attached form.
The Hearing Board is an independent quasi-judicial body created by California State law with
the sole authority to grant variances from air quality regulations.
Proper completion of the EV Application form will help the Hearing Board fully consider your
request.
EMERGENCY VARIANCE SPECIAL CONSIDERATIONS
An Emergency Variance (EV) is a variance that can be granted for good cause without a public
hearing of the Hearing Board only for very special circumstances leading to non-compliance.
The following stringent conditions must be satisfied before such a variance is granted. Non-
compliance must be the result of an unforeseen emergency, such as a sudden equipment
breakdown, power failure, accidental fire, or natural disaster. In the case of an equipment
breakdown, the Applicant must clearly and convincingly demonstrate that the breakdown was
beyond their reasonable control and that issues of poor maintenance or negligence are clearly
not involved. An Emergency Variance cannot be granted for more than 30 days.
FILING STEPS:
1. Make a request via telephone by contacting the Clerk of the Hearing Board at
(415) 749-5073.
2. When a telephone request is received, the Clerk’s Office Staff will File the EV at the
time and date of the initial call and insert these on the EV application form before
emailing the form to the Applicant. The Applicant must complete the form and return
it to the Clerk’s Office. If the EV phone call request is received at or before 3 p.m.,
the Applicant must return the completed EV form to the Clerk’s Office by the end of
that same business day (i.e. by 5 p.m.), but no later than 8:30 a.m., on the next
business day. If the EV phone call is received after 3 p.m., then the Applicant may
return the completed form no later than Noon on the next business day.
3. If you need more space to complete the application form, supplemental sheets may
be used. Please attach the additional pages and properly identify the numbered
section of the application form that they support.
4. Pursuant to Regulation 3-301 and Health & Safety Code Sec. 42364(a), the filing fee
is due within four (4) working days from the date of submission of the EV application,
whether or not the EV is granted by the Hearing Board. Checks should be made
payable to BAAQMD and recommended to be sent via overnight delivery service