New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-A - Air Related Programs (formerly designated as rules of Division of Air Resources.)
Chapter Env-A 1800 - ASBESTOS MANAGEMENT AND CONTROL
Part Env-A 1814 - WAIVERS FROM LICENSURE RULES
Section Env-A 1814.04 - Criteria for Granting a Waiver
Universal Citation: NH Admin Rules Env-A 1814.04
Current through Register No. 13, March 27, 2025
(a) Subject to (b), below, the department shall grant a request for a rule waiver if:
(1) Granting the request will not result in
an adverse effect to public health, public safety, the environment, or the
natural resources of the state of New Hampshire; and
(2) One or more of the following conditions
will be satisfied:
a.Granting the request is
consistent with the purpose and intent of the rule being waived; or
b.Strict compliance with the rule will
provide no benefit to the public and will cause an operational or economic
hardship to the applicant.
(b) No rule waiver shall be granted if the effect of the waiver would be to waive or modify:
(1) A federal or state statutory requirement,
unless the statute specifically allows for a waiver; or
(2) A federal or state constitutional
requirement.
(See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08
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