[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR194.6]

[Page 40]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 194_CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE 
 
                      Subpart A_General Provisions
 
Sec. 194.6  Alternative provisions.

    The Administrator may, by rule pursuant to 5 U.S.C. 553, substitute 
for any of the provisions of this part alternative provisions chosen 
after:
    (a) The alternative provisions have been proposed for public comment 
in the Federal Register together with information describing how the 
alternative provisions comport with the disposal regulations, the 
reasons why the existing provisions of this part appear inappropriate, 
and the costs, risks and benefits of compliance in accordance with the 
alternative provisions;
    (b) A public comment period of at least 120 days has been completed 
and public hearings have been held in New Mexico;
    (c) The public comments received have been fully considered; and
    (d) A notice of final rulemaking is published in the Federal 
Register.