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Are Variances Available For Title V Facilities?

EPA does not recognize SCAQMD variances. Hence, a Title V facility that has received an SCAQMD variance could still be subject to EPA or citizen enforcement action on any federally-enforceable permit condition. Rule 518.2 (PDF) was specifically adopted to allow Title V facilities to petition for an Alternative Operating Condition (AOC) that would provide an acceptable variance for EPA and provide enforcement protection. 

A facility may petition an AOC to the SCAQMD Hearing Board.  The petition process is similar to obtaining a local variance but with additional requirements.  The following links are provided to assist the facility in obtaining an AOC:

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South Coast Air Quality Management District

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