Applications for Exceptions and Waivers

(1)Any person engaged in the construction, maintenance, or operation of a natural gas or liquefied petroleum gas facility may make a written request to the Department for an exception to the provisions of 220 CMR 101.00, in whole or in part. The request shall justify why the exception should be granted and shall demonstrate why the exception does not derogate from the safety objectives of 220 CMR 101.00. The request shall include details on the need for the exception, specific information on the circumstances surrounding the exception, the provisions of 220 CMR 101.00 from which exception is sought, and a description of any safety consequences that might result from the exception. Documentation in support of the request shall also be submitted. The Department may, after consideration and the payment of the appropriate fee, issue a written decision denying the exception or granting the exception as requested or as modified by the Department and subject to conditions. An exception may be granted or denied in writing by the Director of the Division, or by the Director's functional successor in the event of an internal reorganization of the Department. Any person aggrieved by a decision of the Director of the Division may appeal the decision to the Department. Any appeal shall be in writing and shall be made not later than ten business days following issuance of the written decision. In an emergency, a verbal request for an exception may be granted by the Department or the Director of the Division, provided that the verbal request is subsequently confirmed in writing within seven days of the exception being granted.#

(2)Pursuant to 49 U.S.C. 60118(d), the Department may waive compliance with a federal safety standard to which the Department's 49 U.S.C. 60105 certification applies, provided that the Department gives notice of such waiver to the Secretary at least 60 days before the waiver becomes effective.#