The department shall grant a waiver if it determines that the following criteria have been met:

1. (a) Granting a waiver will not result in an adverse impact on public health, public safety, the environment, or the natural resources of the state of New Hampshire;
2. (b) Granting a waiver will not have the effect of waiving or modifying a statutory requirement, unless the statute specifically authorizes the department to waive or modify the requirement;
3. (c) Granting a waiver will not have the effect of waiving or modifying a federal requirement, unless the statute or regulation that establishes the requirement specifically authorizes waivers or modifications to the requirement and EPA approves the waiver; and

4. (d) Strict compliance with the Env-A rule:

   1. (1) Will result in an adverse effect to the public health, public safety, the environment, or the natural resources of the state of New Hampshire;
   2. (2) Will result in economic hardship for the person requesting the waiver that outweighs the benefit to the public or the environment of complying with the rule; or
   3. (3) Is technologically infeasible.

Source. #10187, eff 9-25-12 (from Env-A 205.04); ss by #13491, eff 11-19-22