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 SO 2 NAAQS and 2010 NO 2 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

- corresponding

laws 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 a ny reference s to the Georgia Air Quality Act. EPA’s request did not include element 110(a)(2)(C), but EPD has included specific subsec tion 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 enforce ment 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 Qua lity (O.C.G.A. 12

- 9

- 5(a) ) Georgia’s local consultation requirement and authority found in Georgia Air Quality ActArticle 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 f ound 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) fo r 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) , “Constructi on (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 o n August 30 , 1995 EPA approved revisions to minor source permit rules submi tted 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, 1994Part 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 c larify 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 perm itting program s 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 Georgi a 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 a nd 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.”