Section Env-Wq 304.32 - Waivers(a) The purpose of this section is to accommodate situations where strict compliance with all rules in this part may not be the best outcome in light of the particular circumstances of the situation.(b) Anyone who wishes to obtain a waiver of one or more specific requirements of this part shall file a written request that contains the information specified in (c), below, and is signed as specified in (d), below.(c) The information required by (b), above, shall be as follows:(1) The name, daytime telephone number and, if available, fax number and e-mail address of the person who is requesting the waiver (requestor);(2) If the requestor is not an individual, the name, daytime telephone number and, if available, fax number and e-mail address of each individual who has been authorized by the requestor to discuss the request with the department (authorized representative);(3) If the requestor is a certified operator, the certification number as shown on the certificate issued pursuant to Env-Wq 304.16(a);(4) If applicable, the name, location, and EPA ID number of the plant to which the waiver request relates or at which the operator works;(5) A reference to the specific section of the rules for which a waiver is sought;(6) A full explanation of why a waiver is being requested, including an explanation of the economic and operational consequences of complying with the rule as written;(7) A full explanation with supporting data of the alternative(s), if any, proposed to be implemented or used in lieu of the requirement in the rule;(8) An explanation of how long the waiver will be needed; and(9) A full explanation of why the requestor believes the request meets the criteria specified in (f), below.(d) The requestor shall sign and date the waiver request. Such signature shall constitute certification that the information submitted in support of the request is true, complete, and not misleading to the best of the signer's knowledge, and that the signer understands that he or she is subject to the penalties specified in RSA 641:3, as reprinted in Appendix C, for making unsworn false statements in support of the request.(e) Within 5 working days of receipt of a complete, signed request, the department shall forward a copy of the request to each member of the certification committee with a request for comments.(f) The department shall issue a written response to a complete, signed request for a waiver within 45 days of receipt of the request. If the department denies the request, the reason(s) for the denial shall be clearly stated in the written response.(g) The department shall deny a waiver unless the submitted request demonstrates that: (1) The requirement for which a waiver is requested is not a statutory requirement;(2) Granting a waiver will not jeopardize public health or safety or the environment;(3) The adverse operational and economic consequences of complying with the rule as written outweigh any benefit to be obtained from complying with the rule as written; and(4) Granting a waiver will not contravene the intent of these rules.(h) The department shall: (1) Identify in the waiver the date on which the waiver expires, if any; and(2) Include in the waiver any conditions necessary to ensure that the criteria specified in (g), above, are met.N.H. Admin. Code § Env-Wq 304.32
(See Revision Note at part heading for Env-Wq 304) #10392, eff 8-1-13