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Prohibitions from the Waiver Rule
Under the Waiver Rule, the Department shall not waive:
- A requirement of, or duty imposed by, a Federal or State statute or Federal regulation, unless that statute or regulation provides for such a waiver;
- A rule providing for a Federally delegated, authorized, or assumed program where the waiver would not be consistent with New Jersey's delegation, authorization, or assumption of authority pursuant to a Federal program (see additional information);
- A rule that implements a federally enforceable program pursuant to a State
Implementation Plan (SIP), as defined at N.J.A.C. 7:27-18.1;
- A rule that is part of a collaborative program where the waiver would not be
consistent with New Jersey's participation in the multi-state or multi-jurisdiction
program;
- A rule concerning the air emissions trading program;
- A rule providing for a numeric or narrative standard
protective of human health;
- A rule concerning the designation of rare, threatened, or endangered status
of any species of flora or fauna, or habitat for such species;
- A rule providing for a remediation funding source, claim or other reimbursement,
grant, loan, or other financial assistance;
- A rule providing for a license, certification, or registration for a vehicle, boat,
individual, or business;
- A rule providing for a license or approval for hunting, fishing, or trapping;
- A rule providing for public participation or notice;
- A rule providing for a fee, oversight cost, or other Department costs; and
- Any provision of the Waiver Rule.
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