N.H. Admin. Code § Env-Or 508.03

Current through Register No. 50, December 12, 2024

Section Env-Or 508.03 - Waiver Criteria

(a) Subject to (b) and (c), below, the department shall grant a waiver if:

(1) Granting a waiver will not result in an adverse impact on the environment, public health, or public safety that is more significant than that which would result from complying with the rule; and

(2) One or more of the following conditions is satisfied:

a. Granting a waiver is consistent with the intent and purpose of the rule being waived; or

b. Any benefit to "public health or safety or to the environment" arising from strict compliance with the rule is outweighed by the operational and economic consequences of such compliance.

(b) No waiver shall be granted if the effect of the waiver would be to waive or modify any state statute, unless a waiver is expressly allowed by the statute that would be waived.

(c) No waiver shall be granted if the effect of the waiver would be to waive or modify any federal requirement, unless:

(1) The federal statute or regulation that establishes the requirement allows for waivers; and

(2) EPA does not object to the waiver being granted.

N.H. Admin. Code § Env-Or 508.03

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12

Amended by Volume XLII Number 45, Filed November 10, 2022, Proposed by #13458, Effective 10/7/2022, Expires 10/7/2032.