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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