1. (a) The department shall grant a waiver if it determines that:

   1. (1) The requested waiver would not result in conditions that are likely to threaten public health or cause degradation of the environment;
   2. (2) The economic, technological, and safety benefits of granting a waiver are greater than the benefits of not granting a waiver;
   3. (3) The requested waiver would not result in less stringent requirements than the federal requirements;
   4. (4) With respect to classification of recycled materials as a regulated waste as specified in 40 CFR 260.30, the criteria set forth in 40 CFR 260.31 are also satisfied; and
   5. (5) With respect to waivers to be classified as a boiler, the criteria set forth in 40 CFR 260.32 are also satisfied.
2. (b) A waiver shall be granted only if the information submitted by the applicant allows the department to independently conclude that the criteria specified in (a), above, are met.

Source. #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17