Section Env-Sw 1803.01 - Petition for Exemption(a) No petition for exemption shall be necessary if a package or packaging component is eligible for an automatic exemption under RSA 149-M:35.(b) Subject to (c) below, in order for a petition for exemption from RSA 149-M:32-40 to be valid, the manufacturer of the package or packaging component shall file the petition.(c) If a manufacturer of a package or packaging component does not provide a supplier with a certificate of compliance and the supplier believes the package or packaging component is eligible for an exemption, the supplier may file a petition for exemption.(d) The petition for exemption shall be filed with the department.(e) The petition shall include the following: (1) The name, address, and telephone number of the manufacturer or supplier seeking the exemption;(2) The name and position of the individual who can answer questions on behalf of the petitioner about the petition;(3) The reason why the exemption is being sought;(4) The type of package or packaging component for which the exemption is sought and the use thereof;(5) The heavy metals identified in RSA 149-M:32 that are present in the package or packaging components;(6) The concentration(s) of the identified heavy metal(s) present in the package or packaging component, and the testing methods used to determine the concentration(s);(7) If the package or packaging components are necessary in order to comply with health or safety requirements of federal law as specified in RSA 149-M:35, I(b), identification of the federal law(s) together with a copy of the law(s); and(8) If there is no feasible alternative for reducing the identified heavy metals in the package or packaging components, substantiating information addressing the criteria in Env-Sw 1803.02, including a timetable for ongoing and future efforts to achieve compliance through feasible alternatives to using the identified heavy metals.N.H. Admin. Code § Env-Sw 1803.01
#5768, eff 12-29-93, EXPIRED 12-29-99
New. #7343, eff 8-12-00 ; (See Revision Note at chapter heading for Env-Sw 1800) ss by #8459, eff 10-28-05 (formerly Env-Wm 3503.01)
Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10601, Effective 7/1/2014, Expires7/1/2024.