Clean Air Act Section 112(j) Rule (MACT Hammer)

The Clean Air Act of 1990 required EPA to identify industrial “source categories” that emit one or more of 188 toxic air pollutants. Among those EPA identified are 18 surface coatings categories. The Act further requires EPA to develop national standards for each category that restrict emissions to levels consistent with the lowest emitting plants in the category. These air toxic standards are based on what is referred to as “Maximum Achievable Control Technology” and are applicable to major sources (facilities that emit 10 tons per year or more of a single air toxic or 25 tons per year or more of a combination of air toxics).

The air toxic control standards for various industry sectors were to be developed over a 10-year schedule. However, some of the deadlines have passed. When EPA misses a regulatory deadline for any sector by 18 months (which is the case for most surface coating sectors, because they had a November 2000 deadline), then Section 112(j) of the Clean Air Act, which is referred to as the “MACT Hammer”, requires companies in that sector to apply for or revise their Title V permit, if they are a major source. As a result, Part 1 permit applications are due by May 15, 2002 for some surface coating categories.

Affected Surface Coatings Sectors

The following surface coatings sectors are affected by MACT Hammer rule and must submit their Title V permit application by May 15, 2002:

• Wood Building
• Plastic Parts
• Automobile & Light Duty Truck Manufacturing
• Miscellaneous Metal Parts & Products
• Fabric Printing, Coating & Dyeing
• Metal Can
• Paper and Other Web Coating
• Metal Furniture*
• Large Appliances (surface coating)
• Metal Coil (surface coating)

An owner or operator of a major source is required to apply for a Title V permit or permit revision when the statutory deadline for the relevant standard has been missed by 18 months. This application is to be submitted in two parts. For the affected industry, Part 1 is due May 15, 2002 and Part 2 is due 24 months later (a recent proposed amendment may reduce the Part 2 due date to 12 months).

Part I of the application must contain the following information (note that some states provide specific guidance for the Part 1 permit, see MACT Hammer State Information/Guidance):

1. The name and address (physical location) of the major source.
2. A brief description of the major source and an identification of the relevant source category.
3. An identification of the types of emission points belonging to the relevant source category.
4. An identification of any affected sources for which a section 112(g) MACT determination has been made.

1. For a new affected source, the anticipated date of startup of operation.
2. The hazardous air pollutants emitted by each affected source in the relevant source category and an estimated total uncontrolled and controlled emission rate for hazardous air pollutants from the affected source.
3. Any existing Federal, State, or local limitations or requirements applicable to the affected source.
4. For each affected emission point or group of affected emission points, an identification of control technology in place.
5. Information relevant to establishing the MACT floor, and, at the option of the owner or operator, a recommended MACT floor.
6. Any other information reasonably needed by the permitting authority including, at the discretion of the permitting authority, information required pursuant to subpart A of this part.

More Information

• NESHAP General Provisions, Final Amendments, Federal Register Notice April 5, 2002
• NESHAP General Provisions Proposed Amendments, Federal Register August 26, 2002

MACT Hammer State Information/Guidance

Select a state to find specific Mact Hammer information.