[Archived Alerts]

MACT Hammer Strikes a Glancing Blow

For more information, contact Zephyr at 512.329.5544.

Section 112 of the Federal Clean Air Act requires certain major sources of hazardous air pollutants (HAPs) to meet Maximum Achievable Control Technology (MACT) standards for the control of HAP emissions. Although EPA has promulgated many of these standards (contained in 40 CFR Part 63), it has missed firm regulatory deadlines for others by 18 months or more. Originally, sources subject to these "late" standards were to have proposed source-specific MACT and applied for revisions to their Federal Operating Permits to incorporate the standards. This obligation, known as the "MACT hammer", would have required detailed case-by-case MACT determinations and operating permit renewal applications by May 15, 2002.

Fortunately for industry, what appeared to be a direct hammer strike turned out to be only a glancing blow. On March 5, EPA Administrator Christine Whitman signed a final rule that delays the MACT hammer for two years. With EPA's extension in place, affected facilities must supply general information to EPA now, with more detailed information required by May 15, 2004. However, the first round submittals must be postmarked by the 18-month deadline of May 15, 2002.

Many states have developed their own forms to satisfy this requirement. For instance, the Texas Natural Resource Conservation Commission (TNRCC) has developed a form entitled "Form OP-112(j) Part I Revision Notification" for use by the owners or operators of facilities subject to the MACT Hammer. This form acts as an application for either a federal operating permit (FOP) revision or a revision to a pending FOP application.

Companies with operations falling into industrial source categories listed below may be affected by the imminent filing requirement. For more information about the MACT standards please visit the EPA Air Toxics website at http://www.epa.gov/ttn/atw/eparules.html. And for more information about your obligations under the MACT hammer please visit http://www.epa.gov/ttn/atw/112j/fr05ap02.html.

Industry Source Category:

• Coal & Oil-fired Electric Utility Steam Generating Units

• Combustion Turbines

• Engine Test Facilities

• Industrial Boilers

• Institutional / Commercial Boilers

• Process Heaters

• Reciprocating Internal Combustion Engines

• Rocket Testing Facilities

• Primary Copper Smelting

• Primary Magnesium Refining

• Coke Ovens: Pushing, Quenching, & Battery Stacks

• Integrated Iron & Steel Manufacturing

• Iron Foundries

• Steel Foundries

• Asphalt Processing

• Asphalt Roofing Manufacturing

• Asphalt/Coal Tar Application-Metal Pipes Lime Manufacturing Refractories Manufacturing

• Taconite Iron Ore Processing

• Organic Liquids Distribution (Non-Gasoline)

• Auto & Light Duty Truck (Surface Coating)

• Large Appliance (Surface Coating)

• Metal Can (Surface Coating)

• Metal Coil (Surface Coating)

• Metal Furniture (Surface Coating)

• Misc. Metal Parts & Products (Surface Coating)

• Paper and Other Webs (Surface Coating)

• Plastic Parts and Products (Surface Coating)

• Printing, Coating and Dyeing of Fabrics (Surface Coating)

• Wood Building Products (Surface Coating)

• Municipal Solid Waste Landfills

• Site Remediation

• Spandex Production

• Alkyd Resins Production

• Carboxymethylcellulose Production

• Cellulose Ethers Production

• Maleic Anhydride Copolymers Production

• Methylcellulose Production

• Nitrile Resins Production

• Polyester Resins Production

• Polymerized Methacrylate Resins Production

• Polymerized Vinylidene Chloride Production

• Polyvinyl Acetate Emulsions Production Polyvinyl Alcohol Production Polyvinyl Butyral Production

• Polyvinyl Chloride and Copolymers Production

• Reinforced Plastic CompositesProduction

• Ammonium Sulfate Production - Caprolactum By-Products Plants Carbon Black Production

• Chlorine Production

• Cyanide Chemicals Manufacturing

• Fumed Silica Production

• Hydrochloric Acid Production Ethylene Processes

• Quaternary Ammonium Compounds Production Benzyltrimethylammonium Chloride Production

• Carbonyl Sulfide Production Cellophane Production

• Cellulose Food Casing Manufacturing

• Cellulose Sponge Manufacturing

• Chelating Agents Production

• Chlorinated Parafins Production

• Ethylidene Norbornene Production

• Explosives Production

• Flexible Polyurethane Foam Fabrication Operations

• Friction Materials Manufacturing

• Hydrazine Production Misc Viscose Processes

• OBPA/1,3-Diisocyanate Production

• Paint Stripping Operations Photographic Chemicals Production Phthalate Plasticizers Production

• Plywood and Composite Wood Products Rayon Production

• Rubber Chemicals Manufacturing

• Rubber Tire Manufacturing

• Semiconductor Manufacturing

• Symmetrical Tetrachloropyridine Production

• Wet-Formed Fiberglass Mat production