112(j) Permitting Program

The 1990 Amendments to section 112 of the Clean Air Act included a new section 112(j), which is entitled "Equivalent Emission Limitation by Permit," more commonly referred to as the MACT Hammer. Section 112(j)(2) provides that the provisions of 112(j) apply if the EPA misses a deadline for the promulgation of a standard under 112(d) [MACT]. After the effective date of a title V permit program in a State, section 112(j)(3) requires the owner or operator of a major source in a source category for which the EPA failed to promulgate a MACT standard to submit a permit application after the missed promulgation deadline.

For more detailed information, see a copy of the NCDAQ 112(j) letter dated March 8, 2002 that the NCDAQ sent to all Title V facilities in North Carolina. General information about 112(j) is provided on EPA's Air Toxic Website.

The NC DAQ also issued a memorandum on April 9, 2009 regarding 112(j) applicability to vacated MACT standards. Additional Information for facilities belonging to one or more source categories with vacated MACT standards is provided below:

Industrial/Commercial/Institutional Boilers & Process Heaters*

Brick & Structural Clay Products Manufacturing