Notice of Availability for Draft Guidance Document on “Guidance for the Submission of State/Local/Tribal Rules in Place of Section 112 Requirements”

The EPA is making available for public review and comment a preliminary draft of its pending guidance on delegation of Federal section 112 hazardous air pollutant (HAP) requirements to State, Local, and Tribal Air Pollution Control Agencies (S/L/T). The guidance also includes information on the substitution of Federal section 112 requirements with S/L/T requirements. Under section 112(l) of the Clean Air Act, the EPA is authorized to approve alternative S/L/T HAP standards or programs when such requirements are demonstrated to be no less stringent than EPA's rules or requirements. On August 30, 2000, the EPA revised the 40 CFR part 63, subpart E "Approval of State Programs and Delegation of Federal Authorities" to address concerns of S/L/T regarding flexibility and burdensome requirements. The changes will help S/L/T preserve the integrity of their existing HAP programs by offering a range of options for demonstrating equivalence with corresponding Federal requirements and expediting the approval process.