The Administrator may, by rule, substitute for any of the provisions of subpart B alternative provisions chosen after:
(a) The alternative provisions have been proposed for public comment in the Federal Register together with information describing the costs, risks, and benefits of disposal in accordance with the alternative provisions and the reasons why compliance with the existing provisions of Subpart B appears inappropriate;
(b) A public comment period of at least 90 days has been completed, during which an opportunity for public hearings in affected areas of the country has been provided; and
(c) The public comments received have been fully considered in developing the final version of such alternative provisions.
[50 FR 38084, Sept. 19, 1985. Redesignated at 58 FR 66414, Dec. 20, 1993]
authority: The Atomic Energy Act of 1954, as amended,
42 U.S.C. 2011-2296; Reorganization Plan No. 3 of 1970,
5 U.S.C. app. 1; the Nuclear Waste Policy Act of 1982, as amended,
42 U.S.C. 10101-10270; and the Waste Isolation Pilot Plant Land Withdrawal Act, Pub. L. 102-579, 106 Stat. 4777
source: 50 FR 38084, Sept. 19, 1985, unless otherwise noted.
cite as: 40 CFR 191.16