06-096-854 Me. Code R. § 19
Consistent with Federal requirements for authorization to operate the State hazardous waste management program, the Board may, on its own motion or on request, modify or waive one or more of the requirements of Sections 8(B), 9(B), 11(B), 12(B), and 14(B) of this Chapter relating to design of a specified type of facility except that no performance standard may be made less stringent. Such modification or variance must be justified on the basis that greater protection to health, safety, welfare or the environment than that provided by the performance standards is required and will thereby be provided or on the basis that no less protection than that provided by the performance standards will thereby be provided in that the design is an alternate but equivalent one.
06-096 C.M.R. ch. 854, § 19