[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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 

ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL 

REGULATIONS--Table of Contents

 

                      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, or minor 

alternative provisions, in accordance with the following procedures:

    (a) Alternative provisions may be substituted after:

    (1) 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;

    (2) A public comment period of at least 120 days has been completed 

and public hearings have been held in New Mexico;

    (3) The public comments received have been fully considered; and

    (4) A notice of final rulemaking is published in the Federal 

Register.

    (b) Minor alternative provisions may be substituted after:

    (1) The minor alternative provisions have been proposed for public 

comment in the Federal Register together with information describing how 

they comport with the disposal regulations, the reasons why the existing 

provisions of this part appear inappropriate, and the benefit of 

compliance in accordance with the minor alternative provision;

    (2) A public comment period of at least 30 days has been completed 

for the minor alternative provisions and the public comments received 

have been fully considered;

    (3) A notice of final rulemaking is published in the Federal 

Register for the minor alternative provisions.



[69 FR 42581, July 16, 2004]