1. (a) Subject to (b), below, the department shall approve a request for a waiver that is not being requested to accommodate research of alternatives to current requirements if it finds that granting the waiver will, with the implementation of any proposed alternatives, be:

   1. (1) At least equivalent to the requirements specified in Env-Wq 800;
   2. (2) Adequate to ensure that the provisions of RSA 485-A and RSA 485-C are met;
   3. (3) As protective of human health and safety and the environment as compliance with the rule that is being waived; and
   4. (4) Consistent with the intent of applicable statutes and rules.

2. (b) The department shall approve a request for a waiver that is being requested to accommodate research of alternatives to current requirements if it finds that:

   1. (1) The proposed research plan includes establishing relevant background conditions and monitoring during the study to ensure protection of public health and the environment;
   2. (2) The individual(s) who will be conducting the research are qualified by reason of education and experience;
   3. (3) The requested waiver is necessary to allow the research to proceed; and
   4. (4) The research will not pose an unreasonable threat to the environment or public health.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 800) #10998, eff 1-1-16