Response to EPA’s request for additional information on 110(a)(2) infrastructure SIP submittals

for 2008 Pb NAAQS, 2008 8-hour Ozone NAAQS, 2010 SO2 NAAQS and 2010 NO2 NAAQS

Part I: Georgia cites the Georgia Air Quality Act: Article 1: Air Quality (O.C.G.A. Section 

12-9, et seq.) EPA requests that the state identify and document specific subsections 

citations to document compliance with requirements for elements 110(a)(2)(A), (B), (E)-

(H), (J), (K) and (M) 

Georgia Air Quality Act is located at http://epd.georgia.gov/existing-rules-and-correspondinglaws

Specific subsection citations in Georgia Air Quality Act: Article 1: Air Quality (O.C.G.A. 

Section 12-9, et seq.) to document compliance with requirements for elements 110(a)(2)(B), (C), 

(E)-(H), (J), (K) and (M) along with previously submitted documentation are given in the 

following table. (Note that EPA’s request included element 110(a)(2)(A). However, element 

110(a)(2)(A) of Georgia’s infrastructure SIPs do not contain any references to the Georgia Air 

Quality Act. EPA’s request did not include element 110(a)(2)(C), but EPD has included specific 

subsection citations for this element.)

Element Specific Citation

110(a)(2)(B) Georgia’s authority to monitor 

ambient air quality is found in the 

Georgia Air Quality Act Article 1: 

Air Quality (O.C.G.A. Section 12-9-6 

(b)(13))

110(a)(2)(C) Georgia’s enforcement authority is found in 

Georgia Air Quality Act Article 1: Air 

Quality (O.C.G.A. Section 12-9-13)

Georgia’s permitting authority is found in 

Georgia Air Quality Act Article 1: Air 

Quality (O.C.G.A. Section 12-9-7)

110(a)(2)(E) Georgia’s adequate funding and authority 

under state law is found in Georgia Air 

Quality Act Article 1: Air Quality (O.C.G.A. 

12-9-10)

Georgia’s state board requirement and 

authority under state law is found in Georgia 

Air Quality Act Article 1: Air Quality 

(O.C.G.A. 12-9-5(a))

Georgia’s local consultation requirement and 

authority found in Georgia Air Quality Act 
Article 1: Air Quality (O.C.G.A. 12-9-

5(b)(17))

110(a)(2)(F) Georgia’s stationary source emissions 

monitoring and reporting authority is found in 

Georgia Air Quality Act Article 1: Air 

Quality (O.C.G.A. 12-9-5(b)(6))

110(a)(2)(G) Georgia’s authority is found in Georgia Air 

Quality Act Article 1: Air Quality (O.C.G.A. 

12-9-6, 12-9-13, 12-9-14 and 12-9-16)

110(a)(2)(H) Georgia’s authority is found in Georgia Air 

Quality Act Article 1: Air Quality (O.C.G.A. 

(12-9-6 (b)(12),12-9-6 (b)(13))

110(a)(2)(J) Georgia’s authority is found in Georgia Air 

Quality Act Article 1: Air Quality (O.C.G.A. 

12-9-5 (b)(17))

110(a)(2)(K) Georgia’s authority is found in Georgia Air 

Quality Act Article 1: Air Quality (O.C.G.A. 

12-9-6 (b)(13))

110(a)(2)(M) Georgia’s authority is found in Georgia Air 

Quality Act Article 1: Air Quality (O.C.G.A. 

12-9-5 (b)(17))

Part II: 

110(a)(2)(C) – Please provide the regulatory citations that govern the State’s SIP-approved 

minor source permitting program, including clarification that Georgia has a SIP-approved 

minor new source review permitting program that covers compliance with 110(a)(2)(C) for 

all relevant NAAQS infrastructure SIP submissions (i.e. 2008 8-hour ozone & lead and 

2010 NO2 & SO2 NAAQS).

The regulatory citation for Georgia’s minor new source review permitting program is Georgia 

Air Quality Control Rules 391-3-1-.03(1), “Construction (SIP) Permit”.

Federal register notice published on August 30, 1995 listed “Approval and Promulgation of 

Implementation Plans Georgia: Approval of revisions to Minor Source Permit Regulations”.

Thus indicating that on August 30, 1995 EPA approved revisions to minor source permit rules 

submitted by GAEPD on March 15, 1995 

(i) Incorporation by reference. Revised Rule 391-3-1-.03, “permits”, sections (1), (2) and 

(12) , effective August 17, 1994
Part III:

110(a)(2)(L) – Please respond to the following questions regarding Georgia’s permitting fee 

framework/program:

In addition to the current title V information provided in Georgia’s existing infrastructure 

submissions for the 2008 8-hour ozone & lead and 2010 NO2 & SO2 NAAQS, please 

provide more detailed information on the state’s permitting fee structure with regards to 

the PSD and NNSR by providing responses and documentation to the questions below to 

demonstrate EPD’s compliance with 110(a)(2)(L). Please be sure to clarify that the 

documentation covers compliance for these relevant NAAQS infrastructure SIP 

submissions (i.e. 2008 8-hour ozone & lead and 2010 NO2 & SO2 NAAQS).

 Identify the funding source(s) for the reasonable cost of review, approval, 

implementation and enforcement of PSD and nonattainment new source review 

(NNSR) permits (i.e. single or combination of permit-specific fee charged to the 

applicant, a state tax, legislative appropriations, title V operating fee program etc.)

Georgia’s PSD and NNSR permitting programs are funded with Title V fees.

 Identify how this funding source is mandated or what gives the agency the authority 

to charge a fee or require funding (i.e. state law, SIP-approved regulation, 

legislation, statute). Please cite (and provide an electronic copy) all relevant state 

and SIP-approved regulations or statutes that require/mandate funding for 

processing PSD and NNSR permits. Please note specific fee amounts are not 

required for documentation.

Georgia’s authority is found in Georgia Air Quality Act Article 1: Air Quality (O.C.G.A. 

12-9-10)

 Document if possible that the current permitting fee structure in place for PSD and 

NNSR reflect the reasonable cost of review, approval, implementation and 

enforcement of PSD and NNSR permits and are sufficient to operate the state’s 

permitting program.

Not applicable

 Additionally, include a statement that the title V operating program fees cover the 

reasonable cost of implementation and enforcement of PSD and NNSR permits after 

they have been issued.

“Title V operating program fees cover the reasonable cost of implementation and 

enforcement of PSD and NNSR permits after they have been issued.”