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40 CFR § 191.16 - Alternative provisions for disposal.

---
identifier: "/us/cfr/t40/s191.16"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 191.16 - Alternative provisions for disposal."
title_number: 40
title_name: "Protection of Environment"
section_number: "191.16"
section_name: "Alternative provisions for disposal."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "F"
subchapter_name: "RADIATION PROTECTION PROGRAMS"
part_number: "191"
part_name: "ENVIRONMENTAL RADIATION PROTECTION STANDARDS FOR MANAGEMENT AND DISPOSAL OF SPENT NUCLEAR FUEL, HIGH-LEVEL AND TRANSURANIC RADIOACTIVE WASTES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "50 FR 38084, Sept. 19, 1985, unless otherwise noted."
cfr_part: "191"
---

# 191.16 Alternative provisions for disposal.

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]