Section Env-A 205.06 - Waiver Criteria The department shall grant a waiver if it determines that the following criteria have been met:
(a) Granting a waiver will not result in an adverse impact onpublic health, public safety, the environment, or the natural resources of the state of New Hampshire;(b) Granting a waiver will not have the effect of waiving or modifying a statutory requirement, unless the statute specifically authorizes the department to waive or modify the requirement; (c) Granting a waiver will not have the effect of waiving or modifying a federal requirement, unless the statute or regulation that establishes the requirement specifically authorizes waivers or modifications to the requirement and EPA approves the waiver; and(d) Strict compliance with the Env-A rule: (1) Will result in an adverse effect to the public health, public safety, the environment, or the natural resources of the state of New Hampshire;(2) Will result in economic hardship for the person requesting the waiver that outweighs the benefit to the public or the environment of complying with the rule; or(3) Is technologically infeasible.N.H. Code Admin. R. Env-A 205.06
#10187, eff 9-25-12 (from Env-A 205.04)
Amended by Volume XLII Number 49, Filed December 8, 2022, Proposed by #13491, Effective 11/19/2022