Section Env-Sw 2103.03 - Waiver Requests(a) Any person who is or will be responsible for undertaking work at an asbestos disposal site who seeks a waiver to a requirement in this chapter shall submit a waiver request to the department, in writing, as specified in (b) through (e), below, in lieu of the filing requirements in Env-Sw 303.(b) Prior to or upon submitting the request to the department, the requestor shall provide a copy of the request to: (1) The local health officer; and(2) Each affected owner, if the waiver request is being submitted by a utility or public authority pursuant to Env-Sw 2103.02(b) and is specific to an identified asbestos disposal site or project.(c) Each waiver request shall include the following: (1) The name, mailing address, email address, and daytime telephone number with area code of the requestor;(2) Identification of each specific rule the requestor is seeking to have waived; and(3) For each specific rule identified in (2), above, the following: a. Identification of the asbestos disposal site(s) to which the waiver is intended to apply, if granted, or a statement that the requested waiver is intended to apply without regard to a specific site;b. Description of the specific project(s) to which the waiver is intended to apply, if granted, or a statement that the requested waiver is intended to apply without regard to a specific project;c. The period of time during which the requestor wishes the waiver to be effective;d. If the waiver is intended to apply to a specific asbestos disposal site, a statement indicating whether the requestor wants the waiver, if granted, to transfer automatically to subsequent owners;e. A full explanation of why the waiver is being requested, including an explanation of: 1. The economic and operational consequences of complying with the rule as written; and2. The potential adverse impacts to public health, safety, or the environment of complying with the rule as written, including, for a waiver that is specific to a particular site or project, the impact(s) of having to perform the work, implement the project, or maintain the site in accordance with these rules as written without the waiver;f. A full explanation, with supporting data, of the alternative(s) the requestor proposes to use in lieu of complying with the rule as written and an explanation of the potential adverse impacts to public health, safety, or the environment of implementing the alternative(s) as compared to having to having to comply with the rules as written;g. A full explanation of how each of the alternatives proposed pursuant to f., above, is consistent with the purpose and intent of RSA 141-E, this chapter, the alternative control method(s) approved by USEPA if applicable pursuant to Env-Sw 2103.05(e), and is otherwise adequate to protect public health, safety, and the environment; andh. If the requestor is seeking a waiver for which USEPA approval as specified in Env-Sw 2103.05(e) is required, a copy of the approval issued by the USEPA.(d) Each request for waiver shall be dated and signed as specified in Env-Sw 2103.04.N.H. Admin. Code § Env-Sw 2103.03
#7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3903.03); ss by #9645, eff 2-16-10
Amended by Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12605, Effective 9/1/2018, Expires 9/1/2028.