[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]