How to get help
For more information about how to request a variance
or other relief and/or
for assistance completing the petition, call SCAQMD's Clerk of the Boards' Office at 909-396-2500, or the Small Business Assistance Office at 800-388-2121, 7:30 a.m. to 5:30 p.m., Tuesday through Friday. TTY available at 909-396-3560.
If you need help understanding the technical aspects of the rule you violated, call the Hearing Board Liaison
If you have questions about the variance process, call the SCAQMD Office of the General Counsel and ask to
speak with the Duty Deputy at 909-396-3400.
You can pick up a variance or appeal petition packet at the SCAQMD Diamond Bar Headquarters or the South Bay
Office; or via the Internet (see Instructions below). You may also call 909-396-2500 or write to the SCAQMD
Clerk of the Board, 21865 Copley Drive, Diamond Bar, CA 91765-4178.
Instructions for Filing Petitions
Listed below are the petition forms, and other general information to assist you in filing a petition with
the Hearing Board. Copies of the SCAQMD's rules and regulations can be downloaded from our forms library
and printed, or obtained from Subscription Services. Call 909-396-3720 for more detailed information.
- Petition Forms (print and fill out as needed):
- Continuances: (1) The moving party shall notify, in writing, the other party or
parties and the Clerk of the Hearing Board at least four working days before the hearing of his or her intent
to seek a continuance. (2) The moving party's first request for a continuance of 15 days or less, concurred
in by all parties to the action, shall be granted. (3) Any subsequent requests, requests for a continuance of
more than 15 days, and/or requests received with less than four working days notice shall only be granted by
the Chairman or designated member of the Hearing Board if the request is reasonable and good cause shown for
the delay in providing notice.
- Ex Parte Variance: Emergency variance procedures (Resolution 91-1)
- Excess Emissions: Emissions in excess of those allowed by the rules shall be
calculated for each day of operation during the variance period on a pounds per day basis, or opacity
percentage (Excess Emission Fee forms (DOC, 39kb)). If you need assistance with the calculation
of excess emissions, contact the Hearing Board Liaison at 909-396-2000. Excess emission fees are payable
within 15 days of the granting of a variance. Failure to do so may result in the invalidation of the variance
(Rule 303 (current fees (PDF, 30kb)).
- Exhibits: If you plan to submit exhibits or other written documents during your
hearing, you must provide 8 copies of any documents to the Clerk of the Board at the time of the hearing.
- Fees: Rule 303 (PDF, 30kb)
- Filing Petitions: Rule 502 (PDF, 8kb)
- Findings and Decision: Before a variance can be granted, sufficient information must
be provided by the petitioner to enable the Hearing Board to make all the findings in Section 42352 of the
California Health and Safety Code (Rule 515 (PDF, 12kb)).
- Small Business: Small businesses are eligible for a discount on
the filing and emission fees. To qualify as a small business, the "Declaration Re Small Business" (DOC, 11kb), printed on the last page of the petition, must be completed and signed under
penalty of perjury. The filing fee for small businesses is set forth in Rule 303 (PDF, 30kb) (current fees). Also see Findings and Decisions (Rule 515 (PDF, 12kb)).
- Waiver of Time: A hearing on an appeal of a decision of the Executive Officer must
be held within 30 days of the filing of the petition. If you need more than 30 days to prepare for your
hearing, you must file a "Waiver of Time Form" (DOC, 7kb) with your petition.
- Withdrawal: A case may be taken off calendar at the request of the petitioner (Rule 508 (PDF, 7kb)).
- More About Variances
- More About Orders for Abatement