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. Admin. Code § 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.