On July 20, 2007, the D. C. Circuit Court vacated the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Industrial, Commercial, and Institutional Boilers and Process Heaters, formerly promulgated under 40 CFR Part 63, Subpart DDDDD. The NCDAQ has determined that the NESHAP vacatur equates to a failure to promulgate a required standard under Section 112(d) of the Clean Air Act (CAA). As a result, the site-specific Maximum Achievable Control Technology (MACT) standards required under Section 112(j), codified in the NCDAQ air quality regulations at 15A NCAC 2D .1109, have been triggered.
 
In mid June the NCDAQ mailed all facilities holding Title V permits to inform them that their facilities would be subject to "MACT Hammer" application requirements if their facilities are major sources of hazardous air pollutants (HAPs) and have one or more boilers or process heaters. Facilities that are affected sources are required to file Part 1 MACT Hammer applications containing minimal information about sources and affected emissions units by July 15, 2009. Part 2 MACT Hammer applications are required by Friday, September 11, 2009. The NCDAQ will reportedly be posting additional information on its website (www.ncair.org) to assist facilities with preparation of Part 2 applications around August 1, 2009.   

If you would like assistance in completing Part 1 or Part 2 "MACT Hammer" applications or in responding to the reasons why your facility is not subject to the 112(j) requirements, please contact our local Trinity office.