!WAR~ 5 2013 

Gwendolyn Keyes Fleming 

Regional Administrator 

U.S. EPA, Region 4 

61 Forsyth Street, S.W. 

Georgia Department of Natural Resources 

Environmental Protection Division • Air Protection Branch 

4244 International Parkway • Suite 120 • Atlanta • Georgia 30354 

404/363-7000 • Fax: 404/363-7100 

Judson H. Turner, Director 

------Atlanta;-<3eurghr3-fl30:t-o31()4--------

Re: Certification of 11 O(a) Infrastructure Elements for the 2010 1-Hour N02 NAAQS 

Dear Ms. Fleming: 

With this letter, the Georgia Environmental Protection Division (EPD) certifies that 

Georgia's current State Implementation Plan (SIP) contains the Section 11 O(a) elements of 

the Clean Air Act (CAA) that meet the requirements of the 1-hour N02 National Ambient 

Air Quality Standards (NAAQS) as determined in 2010. · 

Section 11 O(a)(1) of the CAA requires states to submit plans to provide for the 

implementation, maintenance, and enforcement of any new or revised NAAQS. The 

details of this plan are specified in 11 O(a)(2). States are required to include in these SIPs 

specific infrastructure elements that provide assurances that the State will have the 

resources and authorities to establish the basic programs to implement, maintain, and 

enforce the new or revised standards. The specific elements of Section 11 O(a)(2) are 

listed below: 

• Enforceable Emission Limitations and Other Control Measures [§110(a)(2)(A)] 

• Air Quality Monitoring, Compilation, Data Analysis, and Reporting [§11 O(a)(2)(B)] 

• Enforcement and Stationary Source Permitting [§11 O(a)(2)(C)] 

• Interstate Transport [§110(a)(2)(D)] 

• Resources, Conflict of Interest, and Emergency Backstop .[§11 O(a)(2)(E)] 

• Stationary Source Emissions Monitoring and Reporting [§110(a)(2)(F)] 

• Emergency Powers and Contingency Plans [§110(a)(2)(G)] 

• SIP Revision for Revised Air Quality Standards or New Attainment Methods 

[§ 11 O(a)(2)(H)] 

• SIP Revisions for New Nonattainment Areas [§110(a)(2)(1)] 

• Consultation and Public Notification [§11 O(a)(2)(J)] 

• Air Quality Modeling and Reporting [§110(a)(2)(K)] 

• Major Stationary Source Permitting Fees [§11 O(a)(2)(L)] 

• Consultation with Local Entities [§110(a)(2)(M)] 
Gwendolyn Keyes Fleming 

Page two 

The attachment contains details of each of these requirements as found in the SIP. 

Georgia's current SIP and all subsequent revisions affected by this certification as detailed 

in the attachment have been prepared in accordance with 40 CFR 51 and have previously 

----met-atl-appttcalJte-state-and-recteratpul:llic notice, nearing, anacommennequiremenrs:-ATJ- - ~­

references cited as EPD's authority for each element have been submitted previously to 

EPA. Element 11 O(a)(2)(D)(i)(l) cannot be addressed until EPA determines Georgia's 

significant contribution, per the November 19, 2012 EPA memo from Gina McCarthy, 

Assistant Administrator. Element §11 O(a)(2)(1) is specific to a nonattainment area plan or 

revision. Nonattainment area plans are required under Part D of the CAA, which provides 

for a different schedule; therefore, §110(a)(2)(1) is not required to be addressed by this 

submission. 

This submittal includes one paper copy of each of this document and a compact disk with 

an electronic version of the document. The electronic version is an exact duplicate of the 

paper copy. Documentation for the public hearing is also included. No comments were 

received during the public hearing or comment period. 

Should you or your staff have any questions, please feel free to contact Jimmy Johnston at 

404-363-7014. 

Sincerely, / { ; ,! ' ' 

.:<l 

// 

~.tldson H. Turner 

Director 

JHT:JJ:JK:klc 

Enclosure 

c: Scott Davis (with enclosure) 

EPA Region 4 

James Capp (w/out enclosure) 

EPD, Air Protection Branch 
Georgia Department of Natural Resources 

Environmental Protection Division, Air Protection Branch 

4244 International Parkway, Suite 120, Atlanta, Georgia 30354 

Phone: 404/363-7000; Fax: 404/363-7100 

Judson H. Turner, Director 

--------- - - ---- - ---- -- -- - - - ------ ______ _l_ 

CERTIFICATE OF PUBLIC HEARING 

I do hereby certify that a public hearing was held on January 22, 2013, concerning the 

proposed revision to Georgia's State Implementation Plan regarding Certification of 11 O(a) 

Infrastructure Elements for the 2010 1-Houf N02 NAAQS. 

A public notice for the proposed SIP revision was advertised by noticing individuals using 

EPD Air Protection Branch's list serve mailing list for public notices, providing at least 30 

days for review and comments. 

Jaryes P. Johnston, Manager 

Planning and Support Program 

Date 
DEPARTMENT OF NATURAL RESOURCES 

ENVIRONMENTAL PROTECTION DIVISION 

NOTICE OF PUBLIC HEARING AND PROPOSED CERTIFICATION 

REGARDING GEORGIA'S STATE IMPLEMENTATION PLAN 

TO ALL INTERESTED PERSONS AND PARTIES: 

Notice is hereby given that, pursuant to the authority set forth below, the Environmental 

Protection Division (hereinafter, "EPD") of the Georgia Department of Natural Resources --------- -propos-esa-certiliCation-reg aralng-Geoig ia's-Sfa!elmplementauc:in Pian-(S1P}:Ifieproposea --- -- --

revisions are described below: 

The Georgia Environmental Protection Division (EPD) proposes to certify that Georgia's current 

State Implementation Plan (SIP) contains the Section 11 O(a) elements of the Clean Air Act 

(CAA) that meets the requirements of the N02 National Ambient Air Quality Standards (NAAQS) 

as finalized in 2010. 

These proposed SIP certification may be viewed at 

llttp://www.georqiaair.org/airoermitlhtml/planninqsupport/regdev/sips and revisions/sips and revisions.htm 

or during normal business hours of 8:00 a.m. to 4:30 p.m. at the Georgia Environmental 

Protection Division, Air Protection Branch, 4244 International Parkway, Suite 120, Atlanta, 

Georgia 30354. Copies may also be requested by contacting the Air Protection Branch at 

404/363-7000 or the Environmental Protection Division Director's Office at 1-888-373-5947. 

To provide the public an opportunity to comment upon and provide input into the proposed SIP 

certification, a public hearing will be held at 3:30 p.m. on January 22 2013, in the EPD Training 

Center located at 4244 International Parkway, Suite 116, Atlanta, Georgia 30354. At the 

hearing, anyone may present data, make a statement, comment, or offer a viewpoint or 

argument either orally or in writing. Lengthy statements or statements of a considerable 

technical or economic nature, as well as previously-recorded messages, must be submitted in 

writing for the official record. Oral statements should be concise. 

Written comments are welcomed. To insure their consideration in EPD's final submission of the 

SIP certifications to U.S. EPA, written comments should be received by close of business on 

January 25 2013. Written comments may be emailed to EPDComments@dnr.state.ga.us or 

sent via regular mail addressed to: Branch Chief, Air Protection Branch, 4244 International 

Parkway, Suite 120, Atlanta, Georgia, 30354. 

The SIP certification is proposed pursuant to authority contained in Georgia Air Quality Act 

(O.C.G.A. Section 12-9-1 et. seq.). For further information, contact the Air Protection Branch at 

404/363-7000. 
Attachment A 

§ 110(a)(2) Infrastructure SIP Elements 

Enforceable Emission Limitations and Other Control Measures 

____ __[§110~a)(2JiAll _____________________________________________ _ 

Section 110(a)(2)(A) of the CAA requires that Georgia's SIP for the 2010 NOz NAAQS 

"include enforceable emission limitations and other control measures, means, or techniques 

(including economic incentives such as fees, marketable permits, and auctions of emissions 

rights), as well as schedules and timetables for compliance". 

Georgia Authority: 

• Georgia Rules for Air Quality 391-3-1-.01 -"Definitions. Amended." 

• Georgia Rules for Air Quality 391-3-1-.02- "Provisions. Amended." 

• Georgia Rules for Air Quality 391-3-1-.03- "Permits. Amended." 

The Georgia Rules for Air Quality currently meet all CAA requirements for the 2010 N02 

NAAQS and were subject to State aud Federal (40 CFR 51.102) public participation 

requirements. They were previously submitted to EPA according to the provisions of 40 CFR 

Part 51. 

Air Quality Monitoring, Compilation, Data Analysis, and Reporting 

[§110(a)(2)(B)] 

Section 110(a)(2)(B) of the CAA requires that Georgia's State Implementation Plan for the 

2010 N02 NAAQS "provide for establishment and operation of devices, methods, systems, 

and procedures to: 

(i) monitor, compile, and analyze data on ambient air quality, and 

(ii) upon request, make such data available to the Administrator." 

Monitoring Network: 

Georgia EPD produces au annual ambient monitoring network piau and periodic network 

assessment in accordance with 40 CFR 58.10. The purpose of the annual ambient monitoring 

network plan is two-fold. First, the plan confirms that the network continues to meet the State 

and Local Air Monitoring Stations (SLAMS) criteria established by federal regulations aud that 

the information in the state aud federal monitoring records properly classifies each monitoring 

station. Second, the piau serves as a directory of existing State and Local Air Monitoring 

1 
Stations (SLAMS), Photochemical Assessment Monitoring Stations (PAMS), Speciation Trends 

Network (STN) and Supplemental Speciation sites, National Air Toxics Trends Station 

(NATTS), Special Purpose Monitoring (SPM), Georgia Air Toxics Network, Acid Rain sites, 

and the meteorological- parameters performed at each location. Georgia's previous Ambient 

Monitoring plan has been approved. GA EPD submitted the 2012 Ambient Air Monitoring Plan 

to EPA on June 19, 2012. EPA approved the plan on October 16, 2012, with two minor 

exceptions, one of which requires additional information for the near-road N02 monitoring 

requirement. As of the this submittal, EPD continues to work with EPA to meet the monitoring 

________ _re_qllixe_m_ents__set _ _furth_ _ _in__the__2012__(ancLsubsequent)-.ammal-monitocing--network--plans--oF--

infmmation relevant to the development of the State's N02 monitoring network prior to the 

January 1, 2014 required start-up date of the N02 near-road monitoring network. 

Georgia Authority: 

• 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, et seq.) 

• The Air Planning Agreement (AP A) between EPA and the State of Georgia documents 

and affirms the obligation to operate an ambient monitoring network that complies with 

applicable federal regulation(s). 

• No specific statutory or regulatory authority is necessary to authorize data analysis or the 

submission of such data to EPA. Federal grant requirements,' the APA, and the 

underlying Federal regulations establish the obligation to provide data to EPA. 

• Georgia has and will continue to submit data to EPA's Air Quality System. 

Enforcement and Stationary Source Permitting [§110(a)(2)(C)] 

Section 110(a)(2)(C) of the CAA requires that Georgia's SIP for the 2010 N02 NAAQS 

"include a program to provide for enforcement of measures in (A), and regulation of the 

modification and construction of any stationary source within the areas covered by the 

plan as necessary to assure that NAAQS are achieved, including a permit program as 

required in parts C and D." 

Georgia Authority- Enforcement: Georgia EPD's Enforcement Program covers mobile and 

stationary sources, consumer products, and fuels. 

• Georgia's enforcement authority is found in Georgia Air Quality Act Article 1: Air 

Quality (O.C.G.A. Section 12-9, et seq.) 

• The Air Planning Agreement. 

• Georgia Rule 391-3-1-.07- "Inspections and Investigations. Amended." 

• Georgia Rule 391-3-1-.09- "Enforcement. Amended." 

2 
Georgia Authority- Stationary Source Permitting: 

• Georgia's permitting authority is found in Georgia Air Quality Act Article 1: Air Quality 

(O.C.G.A. Section 12-9, et seq.) 

• Georgia Rules for Air Quality 391-3-1-.02. - "Provisions. Amended." This includes 

PSD requirements under Georgia Rules for Air Quality 391-3-1-.02(7). 

- -------,.-----Georgia--Rules- for AirQurutty- 391 :J:r:::m:--=-«Pefrillts. - 7\riienifeO."-Tlifs- lnciUifes-- -

Nonattainment New Source Review requirements under Georgia Rules for Air Quality 

391-3-l-.03(8)(c) and (g). 

Part D programs are required for areas that are designated nonattainment for a NAAQS. Since 

there are no N02 nonattainment areas in Georgia, a Part D permit program is not required. 

Other EPA infrastructure guidance states that "States need to have in place a PSD program that 

applies to all regulated NSRpollutants, including GHG." On September 8, 2011, U.S. EPA 

approved revisions to Georgia's PSD program to incorporate provisions related to GHGs and to 

EPA's May 16,2008, NSR PM2.5 Rule (76 FR 55572). The 10/20/2010 PSD rule changes (for 

PM2.s) were adopted by the DNR Board on 6/27/2012, and were submitted to EPA for approval 

on 7/26/2012. EPA proposed pattial approval of this submittal on 1/14/2013. 

Interstate Transport [§110(a)(2)(D)] of the Clean Air Act 

Section 110(a)(2)(D)(i) of the CAA requires that Georgia's SIP for the 2010 N02 NAAQS 

"contain adequate provisions-

(i) prohibiting, consistent with the provisions of this subchapter, any source or other type 

of emissions activity within the State from emitting any air pollutant in amounts which 

will-

(I) contribute significantly to nonattainment in, or interfere with maintenance by, any 

other State with respect to any such national primary or secondary ambient air quality 

standard, or 

(II) interfere with measures required to be included in the applicable implementation 

plan for any other State under Part C to prevent significant deterioration of air quality 

or to protect visibility." 

Georgia Authority: for Subsection (2)(D)(i)(l) 

Section 110(a)(2)(D)(i)(I) is also known as the good neighbor provision of the CAA in that 

upwind States are responsible for the effects of their pollution on downwind States. Under this 

section of the Act, States are responsible for reducing their "significant contribution" to those 

downwind nonattainment or maintenance areas. The August 21, 2012 decision by The U.S. 

Court of Appeals for the District of Columbia Circuit to vacate the 2011 Cross-State Air 

3 

-----
Pollution Rule (CSAPR) (EME Homer City Generation, L.P. b. EPA, No. 11-1302) clarified that 

only EPA can determine "significant contribution" and that "a SIP cannot be deemed to lack a 

required submission or be deemed deficient for failing to implement the good neighbor 

obligation until after EPA has defined the State's good neighbor obligation". Once EPA 

determines Georgia's significant contribution to nonattainment or maintenance areas in 

downwind States, then EPA may require Georgia to submit a SIP revision under Section 

110(k)(5) or submit a new SIP under Section 110(a)(1) of the CAA. 

- .. -----In-aaditian,--the-Navember 19, 201-2-EPkmemo-frorrrtJimrMcearthy, F<ssisranrAdmifiisUator;-

cited the court decision that "a SIP cannot be deemed deficient for failing to meet the good 

neighbor obligation before EPA quantifies the obligation." 

As of the submission of this document, EPA has yet to determine Georgia's significant 

contribution of N02, in regards to the 2010 N02 NAAQS, to any downwind State. It is also 

impotiant to note that there are currently no areas designated as nonattainment or maintenance 

under the 2010 N02 NAAQS. Therefore, no revision to Georgia's SIP is necessary at the time to 

incorporate this element of Section 11 0( a) of the CAA. 

Georgia Authority: for Subsection (2)(D)(i)(II) 

• PSD requirements under Georgia Rules for Air Quality 391-3-1-.02(7). 

All new major sources and major modifications in Georgia, including major sources of Nitrogen 

Oxides, are currently subject to Prevention of Significant Deterioration (PSD) under Georgia 

Rule for Air Quality 391-3-1-.02(7). Please see the discussion for §110(a)(2)(C) for the current 

state of the PSD program. Additionally, there are no nonattainment areas subject to 

Nonattainment New Source Review for the 20 I 0 N02 NAAQS. 

Georgia has developed and implemented a Regional Haze State Implementation Plan to protect 

visibility. Georgia has three Class I areas: the Cohutta Wilderness Area, the Okefenokee 

Wilderness Area and the Wolf Island Wilderness Area. Of these three areas, IMPROVE 

monitors are located at the Cohutta Wilderness Area and Okefenokee Wilderness Area. 

Georgia's Regional Haze SIP revision addresses visibility improvement in these areas and those 

affected in downwind states and also demonstrates that oxides of nitrogen are not significant 

contributors to visibility impairment. 

On June 28, 2012, EPA promulgated a limited approval of Georgia's Regional Haze State 

Implementation plan. The limited approval of the SIP was due to the disapproval of Georgia's 

Best Available Retrofit Technology (BART) approach, which relied on the Clean Air Interstate 

Rule (CAIR) to satisfy BART for Electric Generating Units (EGUs) for S02 and NOx. The 

disapproval was promulgated June 7, 2012, and included a Federal Implementation Plan (FIP) to 

meet BART for EGUs in Georgia, requiring no further action from Georgia to meet the BART 

requirement. 

4 
Section 110(a)(2)(D)(ii) of the CAA requires that Georgia's SIP for the 2010 N02 NAAQS 

contain adequate provisions "insuring compliance with the applicable requirements of 

sections 126 and 115 of this title (relating to interstate and international pollution 

abatement)." 

Georgia Authority: for Subsection (2)(D)(ii) 

• Georgia Air Quality Act Article 1: Air Quality (O.C.G.A. Section 12-9, et seq.) 

• PSD regulation under Georgia Rule for Air Quality 391-3-1-.02(7). 

• Permitting regulations under Georgia Rule for Air Quality 391-3-1-.03. 

• In addition, nothing in Georgia's statutory or regulatory authority prohibits or otherwise 

interferes with Georgia's ability to exercise sections 126 and 115 of the CAA. 

All PSD requirements have either been approved by EPA for Georgia or have been submitted for 

approval to EPA. 

Resources, Conflict of Interest, and Emergency Backstop 

[§110(a)(2)(E)] 

Section 110(a)(2)(E)(i) of the CAA requires that Georgia's SIP for the 2010 N02 NAAQS 

"provide 

(i) necessary assurances that the State ... will have adequate personnel funding, and 

authority under State .. .law to carry out such implementation plan (and is not prohibited 

by any provision of Federal or State law from carrying out such plan), 

(ii) requirements that the State comply with the requirements respecting State boards 

under Section 128, and 

(iii) necessary assurances that, where the State has relied on a local or regional 

government, agency, or instrumentality for the implementation of any plan provision, the 

State has responsibility for ensuring adequate implementation of such plan provision." 

Georgia Authority: (i) 

• This is accomplished through the CAA Section 105 grant process, Georgia Air Quality 

Act Article 1: Air Quality (O.C.G.A. 12-9-10), and Georgia Rule for Air Quality 391-3-

1-.03(9) [Georgia Air Permit Fee System]. 

5 
Georgia Authority: (ii) 

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

Section 12-9, et seq. Section 12-9-5(a) is the specific provision that complies with CAA 

128. 

• Georgia Rules for Air Quality 391-3-1-.01- "Definitions. Amended." 

----- -•- -- - Georgia-Rulesfor-AirQuality39l<>~-l-~:02-="Provisiuns:-Amem:lecL~- --- ---

o Georgia Rules for Air Quality 391-3-1-.03- "Permits. Amended." 

Georgia Authority: (iii) 

Georgia does not rely on localities for specific SIP implementation. 

There are several specific elements that must be identified to satisfy the requirements of Section 

110(a)(2)(E): 

• In accordance with 40 CFR Part 51, Subpart M, Georgia EPD will develop, implement, 

and enforce the SIP as a whole. 

• In accordance with 40 CFR 51, Subpart 0, a description of the resources available to the 

EPD to carry out the SIP was included with Georgia's Title V Permit Program plan 

submitted on November 12, 1993. 

• In accordance with 40 CFR 51, Subpart L, a legal opinion from the Georgia's Attorney 

General regarding the EPD's legal authority was also included with Georgia's Title V 

Permit Program plan submitted on November 12, 1993. 

• Georgia complies with Clean Air Act Section 128. 

• Georgia retains responsibility for ensuring adequate implementation of Georgia's 

obligations with respect to the 2010 N02 NAAQS. 

Stationary Source Emissions Monitoring and Reporting [§110(a)(2)(F)] 

Section 110(a)(2)(F) of the CAA requires that Georgia's SIP for the 2010 NOz NAAQS 

"require, as may be prescribed by the Administrator-

(i) Installation, maintenance, and replacement of equipment, and implementation of 

other necessary steps, by owners or operators of stationary sources to monitor 

emissions, 

(ii) Periodic reports on the nature and amounts of emissions and emissions-related data, 

and 

6 
(iii) Correlation of snch reports by the State agency with any emission limitations or 

standards established pursuant to the CAA, which reports shall be available at 

reasonable times for public inspection." 

Georgia Authority: 

• The Georgia Air Quality Act: Article 1: Air Quality (O.C.G.A. Section 12-9, .et seq.) 

• Georgia Rule for Air Quality 391-3-1-.02(3)- "Sampling." 

• Georgia Rule for Air Quality 391-3-1-.02(6)- "Source Monitoring." 

• Georgia Rule for Air Quality 391-3-1-.02(7)- "Prevention of Significant Deterioration of 

Air Quality." 

• Georgia Rule for Air Quality 391-3-1-.02(8)- "New Source Performance Standards." 

• Georgia Rule for Air Quality 391-3-1-.02(9)- "Emission Standards for Hazardous Air 

Pollutants." 

• Georgia Rule for Air Quality 391-3-1-.02(11)- "Compliance Assurance Monitoring." 

• Georgia Rule for Air Quality 391-3-1-.03- "Permits. Amended." 

EPD has met and will consistently meet the emissions reporting requirements of 40 CPR Part 51, 

including the Air Emissions Reporting Requirements (AERR). 

Emergency Powers and Contingency Plans [§110(a)(2)(G)] 

Section 110(a)(2)(G) of the CAA requires that Georgia's SIP for the 2010 N02 NAAQS 

"provide for authority comparable to that in Section 303 and adequate contingency plans 

to implement such authority." 

Section 303 provides legal authority to the U.S. EPA to halt the emission of air pollutants that 

present an irnruinent and substantial endangerment to public health or welfare or the 

enviromnent. U.S. EPA is authorized to either bring a lawsuit in federal court or, if such civil 

action cannot assure prompt protection of public health or welfare, to issue such orders as may 

be necessary to protect public health or welfare or the environment. 

The requirement for states to provide adequate contingency plans to implement such authority is 

intended to establish emergency episode plans for responding to elevated pollutant levels in 

urban areas. Emergency episode plans are required in areas that record ambient pollutant 

concentrations in excess of threshold levels specified in 40 CPR Part 51.150. 

7 
Section 303 of the CAA authorizes the Administrator to take certain emergency actions if 

pollution levels in an area constitute "an imminent and substantial endangerment to public health 

or welfare, or the environment." Section 11 O(a)(2)(G) of the CAA requires that SIPs must 

provide for the authority comparable to that in Section 303 and must include adequate 

contingency plans to implement such authority. Pursuant to these provisions, EPA promulgated 

40 CFR 51.16 (36 FR 24002, November 21, 1971), which established "significant harm levels" 

for five criteria pollutants - S02, inhalable particulate matter (PM10), N02 , CO, and ozone. Part 

51.16 was eventually restructured as Subpart H and Appendix L of Part 51 (51 FR 40668, 

__ __ _ _ No.vember7, 1-986} J'he-requirementto-submit-anemer-gencyplan-for-SOz;-P-M-ro;·NOz;-CO; and 

ozone is based on a priority classification scheme under 40 CFR Part 51 Subpart H. Georgia 

cmrently has emergency provisions specifically for N02 as identified below. 

Georgia Authority: 

• The Georgia Air Quality Act: Article I: Air Quality (O.C.G.A. Section 12-9, et seq.) 

• Georgia Rule for Air Quality 391-3-1-.04- "Air Pollution Episodes." 

• January I 972 SIP: "Implementation Plan for Attainment of State and National Ambient 

Air Standards" - Air Quality Control Branch, Georgia Department of Public Health 

(primarily pages 169-266). 

SIP Revision for Revised Air Quality Standards or New Attainment Methods 

[§110(a)(2)(H)] 

Section 110(a)(2)(H) of the CAA requires that Georgia's SIP for the 2010 N02 NAAQS 

"provide for revision of such plan-

(i) from time to time as necessary to take account of revisions of such national primary 

or secondary ambient air quality standard or the availability of improved or more 

expeditious methods of attaining such standard, and 

(ii) except as provided in (3)(C), whenever the Administrator finds on the basis of 

information available to EPA that the plan is substantially inadequate to attain the 

NAAQS which it implements or to otherwise comply with any additional 

requirements established under this chapter." 

Georgia Authority: 

• The Georgia Air Quality Act: Article 1: Air Quality (O.C.G.A. Section 12-9, et seq.) 

• The Air Planning Agreement. 

• Georgia EPD is required by 12-9-6(b)(12) of the Georgia Air Quality Act to submit SIP 

revisions whenever revised air quality standards are promulgated by U.S. EPA 

8 
SIP Revisions for New Nonattainment Areas [§ 110(a)(2)(1)] 

Section 110(a)(2)(I) of the CAA requires that Georgia's SIP for the 2010 N02 NAAQS 

provide "in the case of a plan or plan revision for an area designated as a nonattainment 

area, meet the applicable requirements of Part D (relating to nonattainment areas)." 

This requirement only applies when an area is designated as nonattainment with the N02 

·· · · ···· ····· ··· ·· · · NAAQS arid···is oniJacfdressecrwn:en.a:n a:ttaiiiineritifeiiioii.strittionisrequ!rei.l,-asrei:J.ilifeab.Y a 

separate provision and schedule as defined by the CAA. Therefore, no submission for this 

element is necessary. 

Consultation and Public Notification [§110(a)(2)(J)] 

Section 110(a)(2)(J) of the CAA requires that Georgia's SIP for the 2010 NOz NAAQS 

"meet applicable requirements of Section 121 (relating to consultation), Section 127 

(relating to public notification), and Part C (relating to prevention of significant 

deterioration of air quality and visibility protection)." 

Georgia Authority: 

Section 121 requires that states provide a satisfactory process of consultation with general 

purpose local governments, designated organizations of elected officials of local governments, 

and any affected federal land manager in carrying out CAA requirements. 

• The Georgia Air Quality Act: Article 1: Air Quality (O.C.G.A. Section 12-9, et seq.). 

• Georgia Administrative Procedures Act (O.C.G.A. §50-13-4). 

• Georgia Rule 391-3-1-.02(7) as it relates to Class I areas. 

• Georgia EPD commits to maintaining a process of consultation with patties designated 

under Section 121. 

Specifically, 12-9-5(b)(17) of the Georgia Air Quality Act states that the DNR Board is to 

"establish satisfactory processes of consultation and cooperation with local governments or other 

designated organizations of elected officials or federal agencies for the purpose of planning, 

implementing, and determining requirements under this article to the extent required by the 

federal act." 

Section 127 requires the states to provide measures which will be effective to notify the public 

on a regular basis of instances or areas in which any air quality standard is exceeded during the 

preceding calendar year, to advise the public of the health hazards associated with such pollution, 

and to enhance public awareness of measnres that can be taken to prevent such standards from 

being exceeded. 

9 
• Daily air quality forecasts may be disseminated to the public in Atlanta via electronic 

Georgia DOT billboards. 

• The non-profit organization "Clean Air Campaign" disseminates statewide air quality 

information as well as ways to reduce air pollution. 

• In addition, EPD's Ambient Monitoring web page (www.georgiaair.org/amp) provides 

· ···· · · · · · -- informationregardingcurrent·andliistorical airqualityacru&s-th~ state;·---- - --- - -

• Georgia EPD commits to maintaining a public information and education program that 

satisfies the requirements of Section 127. 

Georgia Authority: 

Meet applicable requirements of Part C (PSD and visibility protection). 

• Georgia Rule for Air Quality 391-3-1-.02(1)- "General Requirements." 

• Georgia Rule for Air Quality 391-3-1-.02(7)- "Prevention of Significant Deterioration." 

Other EPA infrastructure guidance provides that "states remain obligated to adopt and submit a 

PSD program for EPA approval that applies to all regulated NSR pollutants, including GHG." 

U.S. EPA has approved revisions to Georgia's PSD program to incorporate provisions related to 

GHGs. Please see the discussion for §110(a)(2)(C} for the current state of the PSD program. 

There are no other applicable visibility protection obligations under Section 110(a)(2)(J) as a 

result of the 2010 N02 NAAQS. 

Air Quality Modeling and Reporting[§ 110(a)(2)(K)] 

Section 110(a)(2)(K) of the CAA requires that Georgia's SIP for the 2010 N02 NAAQS 

"provide for-

(i) the performance of such air quality modeling as the Administrator may prescribe for 

the purpose of predicting the effect on ambient air quality of any emissions of any air 

pollutant for which the Administrator has established a national ambient air quality 

standard, and 

(ii) the submission, upon request, of data related to such air quality modeling to the 

Administrator." 

Georgia Authority: (i) 

• The Georgia Air Quality Act: Article 1: Air Quality (O.C.G.A. Section 12-9, et seq.) 

10 
• Other EPA infrastructure guidance provides that "EPA anticipates that the predominant 

type of air quality modeling to be conducted with respect to implementing the 2010 N02 

NAAQS will be source-oriented dispersion modeling with models such as AERMOD." 

EPD currently has personnel with training and experience to conduct source-oriented 

dispersion modeling with models such as AERMOD. 

Georgia Authority: (ii) 

• .......... IheQ~Qrgil!AiLQ!!fllityActArtide.LAir_Quality(O_C.G.A.Sectionl2,9.,.etseq.) .. . 

• Air quality modeling data is submitted as pmi of Georgia's relevant SIP submissions and 

through federal grant commitments. 

Major Stationary Source Permitting Fees [§ 110(a)(2)(L)] 

Section 110(a)(2)(L) of the CAA requires that Georgia's SIP for the 2010 NOz NAAQS 

"require the owner or operator of each major stationary source to pay to the permitting 

authority, as a condition of any permit required under this chapter, a fee sufficient to 

cover-

(i) the reasonable costs of reviewing and acting upon any application for such a permit, 

and 

(ii) if the owner receives a permit for such source, the reasonable costs of implementing 

and enforcing the terms and conditions of any such permit (not including court costs or 

costs associated with any enforcement action), until such fee requirement is superseded 

with respect to such sources by the Administrator's approval of a fee program under 

subchapter V of this chapter." 

Georgia Authority: 

• Georgia Rule for Air Quality 391-3-1-.03(9)- "Permit Fees." This rule incorporates the 

EPA-approved Title V fee program. 

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Consultation with Local Entities [§110(a)(2)(M)] 

Section 110(a)(2)(M) of the CAA requires that Georgia's SIP for the 2010 N02 NAAQS 

"provide for consultation and participation by local political subdivisions affected by the 

plan." 

The Georgia Environmental Protection Division is responsible for developing, implementing, 

. ... ......... a.nd~llforcing(Je()rgia,':g st(lte(lirqtialityp.rograJ11. .. ..... ... . ........ _ ................................................................... ·· ······ ··· ······ j 

Georgia Authority: I 

• The Georgia Air Quality Act: Atiicle 1: Air Quality (O.C.G.A. Section 12-9, et seq.) 

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