Section Env-Hw 202.04 - Waiver Criteria(a) The department shall grant a waiver if it determines that: (1) The requested waiver would not result in conditions that are likely to threaten public health or cause degradation of the environment;(2) The economic, technological, and safety benefits of granting a waiver are greater than the benefits of not granting a waiver;(3) The requested waiver would not result in less stringent requirements than the federal requirements;(4) With respect to classification of recycled materials as a regulated waste as specified in 40 CFR 260.30, the criteria set forth in 40 CFR 260.31 are also satisfied; and(5) With respect to waivers to be classified as a boiler, the criteria set forth in 40 CFR 260.32 are also satisfied.(b) A waiver shall be granted only if the information submitted by the applicant allows the department to independently conclude that the criteria specified in (a), above, are met.N.H. Code Admin. R. Env-Hw 202.04
(See Revision Note at chapter heading for Env-Hw 200) #9361-A, eff 1-28-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12344-A, Effective 8/14/2017.