The Department may consider an application for exemptions to the requirements of this chapter. A radiation-producing device registrant who cannot meet one or more requirements of this chapter shall submit to the Department a written request for an exemption to the requirements that cannot be met. The exemption request must explain why the provision cannot be met and must demonstrate all of the following to the Department’s satisfaction:

1. (1) That the use of the radiation-producing device will not result in undue hazard to public health and safety or to property.
2. (2) That compliance with the provision from which the registrant is seeking exemption would require replacement or substantial modification of the radiation-producing device.
3. (3) That the registrant will achieve, through other means, radiation protection equivalent to that required by the provision from which the registrant is seeking exemption.