N.H. Admin. Code § Env-Wq 811.02

Current through Register No. 44, October 31, 2024

Section Env-Wq 811.02 - Submittal of Request for Waiver or Equivalency Determination

(a) The person seeking a waiver or equivalency determination shall submit the request in writing to the department.

(b) The request for a waiver or equivalency determination shall include the following information:

(1) The name, address, and telephone number of the person requesting the waiver or equivalency determination;

(2) If applicable, the number and name of the permit or certification holder of the permit or sludge quality certification to which the waiver or equivalency determination request relates;

(3) A specific reference to the section of the rule for which a waiver or equivalency determination is being sought;

(4) For waiver requests, the additional information specified in (c), below; and

(5) For equivalency determinations, the additional information specified in (d), below.

(c) The person submitting a waiver request shall also include the following information:

(1) An explanation of why the waiver is being requested, including a description of the operational and economic consequences of complying with the rule as written;

(2) An explanation of the alternative(s), if any, that will be implemented in lieu of the requirement for which the waiver is sought, with supporting data;

(3) If the reason for the request is to allow investigation of alternatives to current requirements, the following:

a.A proposal for where and how the research will be conducted;

b.The name, mailing or email address, and qualifications of each individual who will be conducting the research; and

c.The source of funds for the research; and

(4) A full explanation of how granting the waiver and approving the proposed alternatives, if any, would meet the applicable criteria stated in Env-Wq 811.03.

(d) The person submitting a request for an equivalency determination shall also include the following information:

(1) An explanation of the alternative method proposed by the requestor, including supporting data demonstrating that the method provides comparable results in terms of accuracy and precision to the method specified in the rules; and

(2) An explanation of why allowing the alternative method to be used will provide at least the same degree of protection to human health and safety and the environment.

N.H. Admin. Code § Env-Wq 811.02

(See Revision Note at chapter heading for Env-Wq 800) #8887, eff 5-23-07

Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #10998, Effective 1/1/2016, Expires 1/1/2026.