Rule and Implementation Information for Equivalent Emission Limitations by Permit 112(j)
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Proposed and Promulgated Rule NoticesGovernmentPrinting Office (GPO) files unless otherwise indicated.
Equivalent Emission Limitation by Permit (112j): Ensures control of HAP emissions even if the EPA should miss a scheduled NESHAP promulgation date. If the EPA misses a scheduled promulgation date by 18 months, major sources in that category must submit to their respective State (or local) agencies a permit application to obtain source-specific case-by-case MACT. Conditions of the MACT determination must be incorporated into the Title V operating permit. Section 112(j) is commonly referred to as the "MACT hammer."
Originally promulgated May 20, 1994, the section 112(j) rule was amended April 5, 2002. The amendments created a 2-part permit application process. Part 1 of the permit application, due May 15, 2002, is a simple notification that provides basic information about the source. Part 2, due 24 months after submittal of the Part 1 application, will contain more detailed, comprehensive information about the source. The permitting authority has up to 18 months to develop the terms and condition of case-by-case MACT for the source and issue the permit. If a MACT standard is promulgated prior to permit issuance, the case-by-case MACT development process is discontinued and the permit would ultimately incorporate the MACT standard.
After promulgation of the April 5, 2002 amendments, EarthJustice, representing the Sierra Club, filed a petition seeking judicial review of the rule. The EPA and EarthJustice reached and signed a settlement agreement on August 15. A "section 113(g)" notice was published in the Federal Register on August 26, soliciting comment on the agreement. Over 150 comment letters were received. The settlement agreement called for proposing amendments to the section 112(j) rule by October 15, that would decrease the time to submit the Part 2 application from 24 months to 12 months after submittal of the Part 1 application. However, after further discussion with EarthJustice and other litigants and stakeholders, additional approaches are under consideration, and a final decision will be made very soon on what approach to propose. We expect proposed amendments to the section 112(j) rule to appear in the Federal Register in early December.
Major sources are those whose emissions of a single HAP is 10 tons or greater per year or for any combination of HAP 25 tons or greater per year. In determining "major source", all HAP emissions within the contiguous plant site are counted, regardless of whether or not they are covered by a standard. An affected source within any source category located at a major source is considered major and thus subject to the section 112(j) requirements. For example, an industrial boiler emitting 4 tons of HAP per year would be considered a major source if it were located at a refinery that emitted a total of 40 tons of HAP per year.
|April 2002||Example Completed Part 1 Application Form|
|April 2002||Example Blank Part 1 Application Form|
Background Information Documents
|Response to Comments Document|
|Guidelines for MACT Determinations Under Section 112(j) Requirements|
|Appendix D to Guidelines Document|