Section 096-872-4 - Criteria for exemption; burden of proofThe commissioner may grant an exemption, with or without conditions, upon finding that:
A.Technical infeasibility. Technically feasible nonmercury alternatives to the mercury-added product are not available;B.Cost. Nonmercury alternatives are available but are too costly compared to the cost of the mercury-added product;C. Environmental benefit. Use of the mercury-added product provides a net benefit to the environment, public health or public safety when compared to available nonmercury alternatives; orD.Advanced technology use. Use of the mercury-added product is required to meet specifications identified by the customer or end user of an advanced technology product as defined under subsection 1(A) of this rule. The burden of proof rests with the applicant. This means that the applicant must affirmatively demonstrate, to the satisfaction of the commissioner, that one of the above criteria for exemption is met.
06- 096 C.M.R. ch. 872, § 4