N.H. Admin. Code § Env-Sw 2103.05

Current through Register No. 37, September 12, 2024

Section Env-Sw 2103.05 - Review; Criteria

(a) The department shall review each waiver request within the time frames specified in RSA 541-A:29.

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

(1) Granting a waiver:

a. Is consistent with the purpose and intent of RSA 141-E and this chapter;

b. Will protect the public health, safety, and environment to the same or greater extent than the rule being waived;

c. Does not violate RSA 141-E or any other state or federal requirement for management and control of asbestos, including but not limited to the requirements identified in Env-Sw 2101.01(b); and

d. Is enforceable; and

(2) At least one of the following conditions is satisfied:

a. Strict compliance with the rule as written will result in an adverse effect on the public health, safety, or the environment; or

b. Strict compliance with the rule will provide no benefit to the public and will cause the requestor to experience economic or operational difficulties.

(c) The department shall not grant a waiver to any rule in this chapter that reflects a statutory requirement, including but not limited to:

(1)Env-Sw 2104.02 and Env-Sw 2105.05(a), prohibiting the release of asbestos fibers to the environment; and

(2)Env-Sw 2104.08(a), specifying disclosure requirements.

(d) Subject to (e), below, the department shall not grant a waiver when both (1) and (2), below, are true:

(1) The request is to waive a rule that the USEPA has approved pursuant to 40 CFR 63.93 and identified in 40 CFR 63.99 as a substitute for a rule promulgated under §112 of the federal Clean Air Act; and

(2) The waiver is intended to apply to an asbestos disposal site that was operated by sources covered under 40 CFR 61.142, 40 CFR 61.144, and 40 CFR 61.147, including but not limited to the sites in Nashua and Hudson formerly operated by the entity then known as the Johns-Manville Corporation.

(e) The department shall grant a waiver of a rule that meets the criteria of (d), above, only if the requestor:

(1) First obtains an approval from the USEPA pursuant to 40 CFR 61.151(c) for the alternative control method to be used in lieu of complying with the rule;

(2) Provides a copy of the approval from the USEPA with the waiver request as specified in Env-Sw 2103.03(c)(3)h; and

(3) Meets all other criteria for granting a waiver specified in (b), above.

N.H. Admin. Code § Env-Sw 2103.05

Derived From Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12605, Effective 9/1/2018, Expires 9/1/2028.