[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]