2 Martin Luther King, Jr., Drive, S.E., Suite 1152 East, Atlanta, Georgia 30334-4100 

Mark ~illiarns; Commissioner 

Environmental Protection Division 

F. Allen Barnes, Director 

Phone: 4041656-4713 FAX: 4041651-5778 

Ms. Gwen Keyes Fleming 

Regional Administrator 

U.S. EPA, Region 4 

61 Forsyth Street, S.W. 

Atlanta, Georgia 30303-3104 

Re: Georgia PSD Program Revision - Incorporating Federal Greenhouse Gas Tailoring 

Rule and PM2.5 New Source Review Rule 

Georgia Title V Program Revision - Incorporating Federal Greenhouse Gas 

Tailoring Rule 

Request for Approval of Georgia's State Implementation Plan Revision to Include 

These Rules 

Dear Ms. Fleming: 

With this letter, the Georgia Environmental Protection Divisior~ (EPD) is submitting for 

approval and incorporation proposed revisions to Georgia's Rules for Air Quality. The 

proposed revisions pertain to the following: 

B Federal "Prevention of Significant Deterioration and Title V Greenhouse Gas 

Tailoring Rule" [Greenhouse Gas Tailoring Rule] promulgated on June 3, 2010, 

in 75 FR 31514-31608 and effective August 2, 2010; 

Federal "Implementation of the New Source Review (NSR) Program for 

Particulate Matter Less Than 2.5 Micrometers (PM2.5)" prolnulgated on May 16, 

2008, in 73 FR 28321-28350; 

a Inclusion of "incorporation by reference (IBR)" dates based on Federal Register 

promulgation dates for Georgia Rules 391-3-1-.02(7) and 391-3-1-.03(10); and 

e Minor updates to provide consistency between Georgia r~~les and the federal 

rules. 

This submittal requests that EPA take action to approve and incorporate the following 

rules into Georgia's State Impletnentation Plan: 

Revisions to Georqia's State Implementation Plan 

Rule 391-3-'1-.02(7), "Prevention of Significant Deterioration of Air Quality," is 

being amended to incorporate the Prevention of Significant Deterioration (PSD) 

provisions for fine particulate matter (PM2.5), to incorporate the provisions of the federal 

Greenhouse Gas Tailoring Rule, other minor revisions to make the state I-ule consistent 
Ms. Gwen Keyes Fleming 

Page 2 

with the federal rule, and to include promulgated dates of the federal provisions 

incorporated by reference. The PSD provisions for PM2.5 incorporate by reference the 

federal changes to 40 CFR Parts 52.21(b)(23), 52.21(b)(50), and 52.21(i), and these 

provisions are stated in Georgia Rules 391-3-1-.02(7)(a)2, and 391-3-1-.02(7)(b)6. The 

federal Greenhouse Gas Tailoring Rule incorporates by reference the federal changes 

to 40 CFR Parts 52.21(b)(49) and 52.21(b)(50), and these provisions are stated in 

Georgia Rule 391-3-1-.02(7)(a)2. Please note that the dates associated with the 

incorporation by reference of federal rules into the Georgia Rules for Air Quality Control 

refer to the dates of publication of the promulgated rules in the Federal Register (June 

3,2010) and not the effective dates of such (August 2, 2010). 

Revisions to Georgia's Title V Proqram 

Rule 391-3-1-.03(10), "Title V Operating Permits," is being amended to incorporate 

the federal Greenhouse Gas Tailoring Rule and to include promulgated dates of the 

federal provisions incorporated by reference. The federal Greenhouse Gas Tailoring 

Rule incorporates by reference the federal changes to 40 CFR 70.2, and these 

provisions are stated in Georgia Rule 391-3-1-.03(10)(a)4. Please note that the dates 

associated with the incorporation by reference of federal rules into the Georgia Rules for 

Air Quality Control refer to the dates of publication of the promulgated rules in the 

Federal Register (June 3, 2010) and not the effective dates of such (August 2, 2010). 

EPA provided comments on these revisions on October 26, 2010, from EPD's 

prehearing submittal of the proposed revisions to the rules. The comments are 

summarized below: 

EPA requested that EPD not include the provision 391-3-1-.02(7)(a)2.(iv)(l) and 

(11) in the final SIP submittal, which would render the regulation or portion thereof 

automatically invalid in the wake of celtain court decisions or other events. 

EPD cl-eated the severance clause to ensure that Georgia's PSD and Title V 

I-ules will be consistent with federal requirements at all tinies. The state 

 rulem making process can be time consuming and may not be capable of 

responding to judicial, executive (including EPA), or congressional action in time 

to allow the permitting process to remain consistent with fedel-al irequiremenis. 

EPA requested for the final SIP submission that EPD clarify, in the cover lettel-, 

that Geol-gia's intent is to incorporate by reference the GI-iG Tailoring rule as 

promulgated on June 3, 2010, and effective August 2, 2010. 

EPD has clarified the dates in this lettel-. 

EPA provided infol-mation relating the status of the underlying federal 

I-equirements for the minor rule updates also included in this revision, These rule 

revisions are affected by the Fugitive Emissions Rule (73 FR 77882) and the 
Ms. Gwen Keves Flemina 

Ethanol Rule (72 FR 24060). EPA has stayed the Fugitive Emission Rule, and 

the Ethanol Rule is a subject to a petition to reconsider; therefore, EPA will take 

no current action on these rules. 

EPD notes these updates. No comment is necessary. 

Enclosed you will find public notices and proposed rule actions to be considered for 

public comment. These rule actions were published in Atlanta Journal Constitution on 

September 19 and November 11, 2010. They were also published in the Savannah 

Morning News on September 19, 2010, and in the Columbus Ledger-Enquirer on 

September 20, 2010. A public hearing was conducted on October 19, 2010. 

As required by the Federal SIP-processing regulations, we have enclosed a certification 

that the required public notice was provided, that a public hearing was held, and that 

comments were received and considered on these proposed amendments. We have 

also enclosed the administrative materials and technical support checklists to satisfy the 

SIP submittal completeness criteria. 

Georgia EPD is providing one paper copy as well as a compact disc of this submittal to 

the EPA Region 4 associates noted below. We look forward to your review and 

approval of these revisions. Should you or your staff have any questions, please feel 

free to contact Jimmy Johnston at (404) 363-7014. 

F: Allen Barnes 

Director 

c: Doug Neeley, EPA Region IV 

Randy Terry, EPA Region IV 

Dick Schutt, EPA Region IV 

Lynorae Benjamin, EPA Region IV 

James A. Capp, Branch Chief, EPD Air Protection Branch 
Administrative Materials for SIP Submittal 

For Air Quality Rules Adopted December 8, 2010 

391-3-1-.02 & .03, Greenhouse Gas Rule 

1. A formal letter of submittal from the Governor or his designee, requesting EPA approval of 

the plan or revision thereof (hereafter "the plan"). 

Tlie cover letter transmitting these proposed SIP revisio~is is the formal letter of 

submissio~i. 

2. Evidence that the State has adopted the plan in the State code or body of regulations; or 

issued the permit, order, consent agreement (hereafter "document") in final form. That 

evidence shall include the date of adoption or final issuance as well as the effective date of 

the plan, if different from the adoptionlissuance date. 

E~iclosed, as evidence that Geo~gia has adopted the rule amendments, is the email 

verification of receipt of the Ce~fificafion of Ad~iii~iistrative Rules filed with the Secretary of 

State's office on December 9, 2010, for the Roles for Air Q~lality Control, Chapter 391-3-1. 

3. Evidence that the State has the necessary legal authority under State law to adopt and 

implement the plan. 

The Georgia Air Quality Act, A~ficle I: Air Quality (O.C.G.A. 12-9, et. seq.) provides tl~e 

~iecessary legal authol-ity under State law to adopt and implement the revisions. Tlie Acl, 

i~i its entirety, is located at I~fi~~&ww.lexis-~exis.co~~i/I~otlopic~~~rlac~~~~~ under Title 12, 

Chaptel- 9, Arlicle 1. 

4. A copy of the actual regulation, or document submitted for approval and incorporation by 

reference into the plan, including indication of the changes made to the existing approved 

plan, where applicable. The submittal shall be a copy of the official State regulation/ 

document signed, stamped, dated by the appropriate State official indicating that it is fully 

enforceable by the State. The effective date ofthe regulationldocutnent shall, whenevelpossible, be indicated in the document itself. 

E~iclosed is a copy of the revisio~is to the Rules fol- Air Qualify Co~ibnl, Chapter 391-3-1, 

effective June I I, 2010. This scibmittal is co~nplote i1i fliai it ir~clridcs all ame~idments 

adopted by the DNR Board 011 December 8, 2010. 

5. Evidetnce that the State followed all of the procedural requirements of the State's laws. 

and 

Constitution in conducting and completing the adoptionlissuance of the plan and 

compilation of public comments and the State's response thereto. 

Oiclosed, as evidence that Georgia followed the procedural iequireme~ils in adopting this 

SIP revision, is the memora~idu~n to the Board of Nalu~ol Resoci~ces dated 

November 29, 2010. It iricludes the metno~-a~idu~ii fo Allen Ba~nes dated November 19, 

2010, addressing the comnie~~ts received durirlg the piihlic comrrieni period and in relati011 

to the public heatilig co~iducted on October 19, 2010. 
6. Evidence that public notice was given of the proposed change consistent with procedures 

approved by EPA, including the date of publication of such notice; 

and 

Certification that public hearings(s) were held in accordance with the infortnation provided 

in the public notice and the State's laws and constitution, if applicable. 

Eticlosed is a copy of the Notice of Public Hearing and the Certificate of Public Heat-ing 

and R~ile Adopfion for the October 19, 2010 public hearing. 

391-3-V.02 & 03, Greenhouse Gas Rule 

Adoption Date: 12-8-10 
Technical Support for SIP Submittal 

For Air Quality Rules Adopted December 8, 2010 

391-3-1-.02 & .03, Greenhouse Gas Rule 

1, ldentification of all regulated pollutants affected by the plan 

The proposed SIP revisions covet- all regiilated pollritants. 

2. ldentification of the locations of affected sources including the EPA attainmentlnonattainment designation of the locations and the status of the attainment plan for the 

affected areas(s). 

The R~iles for Ail- Qoality Colifrol are applicable statewide. 

3. Quantification of the changes in plan allowable emissions from the affected sources; 

estimates of changes in current actual emissions from affected sources or, where 

appropriate, quantification of changes in actual emissions from affected sources through 

calculations of the differences between certain baseline levels and allowable emissions 

anticipated as a result of the revision. 

Not applicable 

4. The State's demonstration that the national ambient air quality standards, prevention of 

significant deterioration increments, reasonable further progress demonstration, and 

visibility, as applicable, are protected if the plan is approved and implemented. For all 

requests to redesignate an area to attainment for a national primary ambient air quality 

standard, under section 107 of the Act, a revision must be submitted to provide for the 

maintenance of the national primary ambient air quality standards for at least 10 years as 

required by section 175A of the Act. 

7-17e NAAQS, PSD increlnel~ts, RFP de~llo~lstrafio~~ and visibility will be protected if these 

SIP revisloix ate approved at~d implonenfed 

5 Modeling information !required to s~lpporthe proposed revision, including input data, 

output data, models used, justification of lnodel selections, ambient imonitoring data used, 

meteorological data used, jiistification for use of offsite data (wtwe used), rnodes of 

models used, assumptions, and other inforiliation relevant to the deier~niriation of 

adequacy of the inodeling analysis. 

No1 applical~le. 

6. Evidence, where necessary, that emission limitations are based on continuo~~s emission 

I-eduction technology. 

Noi applical~le. 
7. Evidence that the plan contains emission limitations, work practice standards and 

recordkeepinglreporting requirements, where necessary, to ensure emission levels 

Not applicable. 

8. Compliance/enforcement strategies, including how compliance will be determined in 

practice. 

Not applicable. 

9. Special economic and technological justifications required by any applicable EPA policies, 

or an explanation of why such justifications are not necessary. 

No special econo~nic or tec/i~iological justifications a/-e required for fliis pioposed SIP 

revision 

391-3-1-.02 & .03, Greenhouse Gas Rule 

Adoption Date: 12-8-1 0 
From: Doralyn Kirkland 

To: Jimmy Johnston 

CC: James Capp; Lynne Collier 

Date: 12/9/2010 5:56 PM 

Subject: Replacement Acknowledgment: Rules 391-3-1-.02 and .03 amended, Rules of 

the Georgia Departmentof Natural Resources 

Pls print this copy; I'm told there are errors in the previous acknowledgment. Thanks, Dot-alyn 

>>> "Joseph, Taffie" <tjoSe~h@~o~.,ga_gQp 12/9/2010 11:56 AM >>> 

RE: Rules 391-3-1-.02 and .03 amended, Rules of the Georgia Department of Natural Resources 

This acknowledges receipt of your letter, dated December 09, 2010, with which was attached an 

electronic copy of the above-captioned amendment. 

We have recorded said amendment as having been received and filed on December 09, 2010, to 

become effective on December 29, 2010. 

Sincerely, 

Taffie Joseph 

Taffie Joseph 

Information & Referral Specialist 

Administrative Procedure Division 

tjc!xeh_@%uzaov 
Georgia Department of Natural Resources 

Environmental Protection Division. Air Protection Branch 

4244 International Parkway. Suite 120: Atlanta. Georeia - 30354 

I'honc: 404/36j->000; Tali: 404,363-71b~ 

Mark Williams, Conimissioncr 

F. Allcn l3iarnes. Dircc~or 

CERTIFICATE OF PUBLIC HEARING AND RULE ADOPTION 

I do hereby certify that a public hearing was held on October 19, 2010, concerning 

proposed amendments to Georgia's Rules for Air Quality, Chapter 391-3-1. 

A public notice was published in The Atlanta Journal/Constitution, a newspaper of 

statewide circulation, the Savannah Morning News, and the Augusta Chronicle, providing 

at least 30 days for review and comments. 

I do further certify that the proposed rule amendments were adopted in accordance with 

the State of Georgia's procedures for rule adoption. The proposed rule amendments were 

adopted by the Board of Natural Resources on December 8, 2010; were filed with the 

Secretary of State's office on December 9,2010; and will become effective December 29, 

2010. 

~otah Publl~, ~a~ette~ounty, Georgia 

My Commission Expires January 13,2013 

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Z,ISI-IER9S AFFIDAVIT 

ACCOUNT NAME GA DEPT NATURAL RESOURCES 

ACCOIJN'I' NO. 041 293700 

ROSIIAL,I, AN1)EIISON personally appeared before me, the ~~ndcrsigned Notary 

I'ublic, who states that she is an ACCOlJN'f I~XIiCIJ'I'IVl:~ for 'l'lll', A'I'LAWFA 

50tJltNA1, AND CONSTITUTION newspaper, a newspaper of' general circulation 

published in the City of Atlanta, Georgia, and who further sttates under oath that thc 

advertisement attached hereto and made part of this affidavit appeared in 'l'hc Allanla 

Journal-Constitution on the fbllowing date(s): SI~I"I'I(M131X 19, 20 10. 

Commission Expires 

September 13, 2013 



'Shis is lo ceriii\/ ilic ic!;ai atlvcitiscn~cni in iiic ahovc :;inic<t cirsc wa:; piit,;i:;hc;ti iil iiri: 

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Ilil~AIllhlCNT 01: NATUIIAL 1lCSOliRl:ES 

INYIIIONMENIAL PKOlLCIlON DIVISION 

!NOTICE 01 PIJIXIC UEAIIING AND 

PROPOSE0 AMNUMENIS 

10 GEOIICIA'S RULES FOR AIR Quami 

CONTROI. CIIAPIEII 391-3-1 

TO AlL IRICRCSTED PERSONS AND PARTIES 

!Rule 391-3-1..031101.'lide V Oocratilio Per 

Mineti cnnirneriti arc welcomed. lo iiismc 

'[lie riinoiiicd Air ilik aaii!sdincsi.i sic oin- 
A RESOLUTION 

Adopting Amendments lo the 

Rules for Air Quality Control, Chapter 391-3-1 

WHEREAS, the Board adopted, under the authority of The Georgia Air Quality Act, O.C.G.A. 

12-9-1, et seq., the Rules for Air Quality Control, Chapter 391-3-1, which became effective on 

September 26, 1973, and were last amended effective on October 6, 2010; and 

WHEREAS, the United States Environmental Protection Agency (U.S. EPA) requires that the 

various Rules for Air Quality Control, Chapter 391-3-1, be modified, as to their coverage ai?o 

requirements, in order for Georgia to retain federal approval under the Clean Air Act (CAA); and 

WHEREAS, the proposal for the amendments to the Rules for Air Quality Control, Chapter 

391-3-1, has been prepared by staff of the Environmental Protection Division and presented to 

this Board; and 

WHEREAS, amendments to the Rules for Air Quality Control, Chapter 391-3-1, will revise 

various portions of Rule .02 "Provisions," and Rule .03 "Permits"; and 

WHEREAS, a public notice for the Air Quality ruie amendments was published in Tlie Atlant; 

Journal/Consfitution on Sunday, September 19, 2010, and three other major nzwsp::>,.?~ 

mediums throughout the State of Georgia, along with EPD's Environet website; and a public 

hearing was held on October 19, 2010, to which public participation was invited; and 

WHEREAS, a public notice was re-issued and posted on EPD's Environet website and mailed 

to individuals on EPD's rulemaking notification list on November 3, 2010, in order to correct a 

date error within the proposed revisions and to extend the public comment period through 

November 16,2010: and 

WHEREAS, the impact of the adoption of these proposed rule amendments on small 

businesses in the State has been considered and found to be either minimal or if greater than 

minimal, unavoidable due to federal requirements and appropriately minimized; and 

WHEREAS, the cost of adoption of the proposed rule amendments upon the regulated 

community has been considered and found not to impose excessive regulatory costs on any 

regulated person or entity which costs could be reduced by a less expensive alternative that 

fully accomplishes the stated objectives of the Georgia Air Quality Act. 

NOW, THERFORE, BE IT RESOLVED THAT the Board of Natural Resources hereby adopts 

the amendments to the Rules for Air Quality Control, Chapter 391-3-1, as attached hereto and 

incorporated herein by reference. 

Adopted this 8"' day of December 2010 

Respectfully submitted by: ATTEST 
Chris Clark, Commissioner 

Environmental Protection Division 

F. Allen Ban~s, Dircch 

Phone: 4041656-4713 FAX: 4041651-578 

November 29,2010 

MEMORANDUM 

TO: Board of Natural Resources .?, 

., (i ....!A 

FROM: I ', F Allen Barnes. ~irefpr 8 ; +e,~i,,~t)vl. :!L2, ,~,,,. Environmental Protection IVfSlOn 

SUBJECT: Action on Proposed Amendments to Rules for Air Quality Control 

Chapter 391-3-1, Pertaining to PSD & Title V Revisions 

I request the Board's consideration and approval of the following rule revisions: 

Rules for Air Quality Control, Chapter 391-3-1 

Rule 391-3-1-.02(7), "Prevention of Significant Deterioration of Air Quality," is being 

amended to incorporate the Prevention of Significant Deterioration provisions for fine particulak 

matter, to incorporate the provisions of the federal Greenhouse Gas Tailoring Rule, to include 

other minor revisions to make the state rule consistent with the federal rule, and to include 

effective dates of the federal provisions incorporated by reference. 

Rule 391-3-1-.03(10), "Title V Operating Permits," is being amended to incorporate the 

provisions of the federal Greenhouse Gas Tailoring Rule and to include effective dates of the 

federal provisions incorporated by reference. 

Please find enclosed for your review and consideration: Page No, 

bj Synopsis and Statement of Rationale for the proposed amendment A-2 

to Rules for Air Quality Control; 

k Notices of Public Hearing; A - 7 

> Memorandum summarizing comments on the proposed revision; A-11 

> Memorandum regarding the economic impacts of the proposed A-19 

amendment on small businesses and the regulated community; 

> Proposed amendments to the Rules for Air Quality Control A-21 

showing deletions with sWeottt.s-and additions with underlines; and 

> A proposed resolution for adopting the amendment to the rules. A - 51 

Thank you for your attention to these proposed rule changes. 

Attachments 
Chapter 391-3-1 Rules for Air Quality :70 L+ - 

SYNOPSIS OF 

THE PROPOSED AMENDMENTS TO THE RULES OF THE 

DEPARTMENT OF NATURAL RESOURCES 

ENVIRONMENTAL PROTECTION DIVISION 

RELATING TO AIR QUALITY, CHAPTER 391-3-1 

Rule 391-3-I-.02(7), "Prevention of Significant Deterioration of Air Quality," is . :!lt.,~) ,, 

amended. 

Purpose: This rule is being revised to incorporate Prevention of Significant 

Deterioration (PSD) provisions for fine particulate matter, as promulgated 

by U.S. EPA on May 16, 2008; the Greenhouse Gas Tailoring Rule, as 

promulgated by U.S. EPA on June 3, 2010; arid various minor changes 

necessary to reflect revisions made by U.S., EPA and federal court 

decisions over the past several years. This rule is also being revised to 

include the effective date of the provisions of 40 CFR Part 52.21 where 

they are incorporated by reference. 

Main Features: Amendment dates have been added to all provisions that incorpor?le 

portions of the federal rule into the Georgia rule by reference. Changes 

that incorporate the PSD provisions for fine particulate matter are 

included in subparagraph 391-3-1-.02(7)(a)2., "Definitions" and 

subparagraph 391-3-1-.02(7)(b)6., "Exemptions." Changes that 

incorporate the Greenhouse Gas Tailoring Rule are included in 

subparagraph 391-3-1-.02(7)(a)2., "Definitions." Due to the legal and 

political uncertainty regarding the Greenhouse Gas Tailoring Rule 

provisions, language has been included in the rule to make clear that 

regulation of greenhouse gases under the PSD permitting program in 

Georgia shall cease if it ceases at the federal level. 

Rule 394-3-1-.03(10), "Title V Operating Permits," is being amended 

Purpose: This rule is being revised to incorporate the Greenhouse Gas Tailoring 

Rule, as promulgated by U.S. EPA on June 3, 2010. This rule is also 

being revised to include effective dates of the provisions of 40 CFR Part 

70 where they are incorporated by reference. 

Main Features: Promulgation or amendment dates have been added to all provisions that 

incorporate the federal rule into the Georgia rule by reference. The 

revision to 391-3-I-.03(1O)(a)4, incorporates the requirements of the 

Greenhouse Gas Tailoring Rule, which are located in 40 CFR Part 70.2. 

Due to the legal and political uncertainty regarding the Greenhouse Gas 

Tailoring Rule provisions, language has been included in the rule to make 

clear that regulation of greenhouse gases under the Title V permitting 

program in Georgia shall cease if it ceases at the federal level. 
Chapter 391-3-1 

STATEMENT OF RATIONALE 

Rules for Air Quality Control 

Rules for Air Quality iJo~:t,o! 

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

The purpose of this revision is to reference the most recent version of 40 CFR Part 52.27 which 

includes revisions to Part 52.21(b) to incorporate the federal Greenhouse Gas Tailoring Rule 

and revisions to Part 52.21(b) and (i) to incorporate the federal Prevention of Significant 

Deterioration (PSD) provisions for fine particulate matter. 

This revision is administrative in nature and is in no way any more restrictive than the federal 

requirements. Certain segments of the regulated industry will incur permitting requirements for 

greenhouse gases and fine particulate matter. The main element of this rule revision is the 

incorporation of the federal Greenhouse Gas Tailoring Rule emission thresholds for greenhouse 

gases. This rule revision is necessary due to actions taken by the federal government that 

triggered the requirements to regulate greenhouse gas emissions from stationary sources. 

On December 15, 2009, U.S. EPA published in the Federal Register (74 FR 66496) their final 

action on two distinct findings regarding greenhouse gases under Section 202(a) of the Cledr, 

Air Act. In the "Endangerment Finding," U.S. EPA found that elevated concentrations of six 

greenhouse gases constitute air pollution endangering public health and welfare. In the "Cause 

or Contribute Finding," U.S. EPA found that four of these greenhouse gases that are emitted by 

new light-duty motor vehicles cause or contribute to this air pollution. According to U.S. EPA, 

these findings required them to adopt greenhouse gas emissions regulations for new light-duty 

motor vehicles. 

On May 7, 2010, U.S. EPA published in the Federal Register (75 FR 25324) their final rule 

regulating greenhouse gas emissions from new light-duty motor vehicles. In a separate action, 

U.S. EPA stated that this standard takes effect on January 2, 201 1. According to U.S. EPA, the 

national regulation of greenhouse gas emissions from light-duty vehicles makes greenhouse 

gases regulated air pollutants under the PSD and Title V permit programs. Therefore, 

greenhouse gases will become subject to regulation at stationary sources as of January 2, 

2011. 

Because U.S. EPA interpreted the Clean Air Act such that the Endangerment Finding required 

them to adopt greenhouse gas regulations on light-duty vehicles and because they interpreted 

the Clean Air Act such that the stationary source permitting requirements are automatically 

triggered as a matter of law once the light-duty vehicle rule takes effect, U.S. EPA did not 

calculate the cost to regulated industry or to the state permitting authorities as a result of those 

requirements being triggered when U.S. EPA finalized the light-duty vehicle rule. As discussed 

further below, US. EPA did calculate the amount of regulatory costs avoided as a result of the 

Greenhouse Gas Tailoring Rule. Therefore, this information can be used to approximate the 

total impact to the regulated industry and state permitting authorities as a result of the 

Endangerment Finding and the light-duty vehicle rule as well as the additional costs that remain 

upon the regulated industry and state permitting authorities after the Greenhouse Gas Tailoring 

Rule thresholds are implemented. 
The Clean Air Act states that the applicability threshold for PSD permits is 100 or 250 

(depending upon the source type) tons per year and that the applicability threshold for Title V 

permits is 100 tons per year. These thresholds work for traditional air pollutants such as sulfur 

dioxide or particulate matter. However, greenhouse gas emissions such as carbon dioxide are 

emitted in much higher quantities than sulfur dioxide or particulate matter. Therefore, according 

to U.S. EPA, about six million additional sources nationally would be subject to the Title V 

permitting program (currently there are about 15,000 sources under this program nationally) and 

about 20,000 additional sources nationally would be subject to the PSD permitting prog-m 

(currently there are about 280 such projects annually in the nation) at a cost of about $55 billion 

to the regulated industry and $22 billion to state permitting authorities. 

In order to avoid regulatory gridlock created by the submission of more applications than the 

regulatory agency could possibly handle, as well as the imposition of costly pemiittin9 

requirements on very small sources, U.S. EPA adopted the Greenhouse Gas Tailoring Rule. 

This final rule was published in the Federal Register on June 3, 2010 (75 FR 31514). Tiis iule 

raises the permitting thresholds for greenhouse gases by adopting a definition for the pre\!iousIy 

undefined term "subject to regulation" which states that greenhouse gas emissions are not 

"subject to regulation" below the thresholds in the rule. 

The thresholds are phased in over time in two steps. In addition, U.S. EPA has con~initted lo 

continue to evaluate the appropriateness of these thresholds and may go through ruliin:d:iiii; iii 

the future, effective no earlier than 2013, to lower the thresholds closer to the statutory ~e,j[:i~,. 

During Step 1, which would go from January 2, 201 1, until July 1, 201 1, sources subject to PSD 

"anyway" will be required to install Best Available Control Technology for greenhouse gases if 

the project increases emissions by 75,000 tons per year or more. 

During Step 2, which would begin on July 1, 2011 and continue until U.S. EPA finalizes 

additional rulemaking revising these thresholds, new sources with greenhouse gases of 100,000 

tons per year or more and existing sources that increase emissions by 75,000 tons per year or 

more would be subject to PSD. New Title V sources must submit applications within 1 year of 

becoming a major source. Therefore, the application deadline would be July 1, 2012, for 

100,000 ton-per-year existing sources that are not currently Title V sources and one year aftelcommencement of operation for new major Title V sources. 

With the Tailoring rule thresholds in place, the combined impact of the PSD and Title V 

permitting requirements to state permitting authorities drops down to $36 million nationally. This 

amount reflects a 42% increase in cost (direct costs only) over the current program. In addition 

to the direct administrative burdens calculated by U.S. EPA, permitting authorilies will incur 

other burdens, including significant support and outreach activities by permitting and public 

affairs staff for the many newly regulated sources as well as increased compliance activity by 

state environmental agencies. The remaining impact to regulated industry was more difficult to 

calculate because U.S. EPA did not calculate it directly. However, U.S. EPA's estimated 

administrative costs to industry are approximately 2.5 times greater than the administrative 

costs to the state permitting authorities. Therefore, the additional cost to industry, with the 

Tailoring rule thresholds in place, are approximately $90 million nationally (this does not include 

the cost of additional air pollution controls or additional compliance costs). As described above, 
Chapter 391-3-1 Rules for Air Quality Control 

the costs without the Tailoring rule on regulated industry and state permitting authorities are $55 

billion and $22 billion, respectively. 

U.S. EPA has stated that they will conduct additional rulemakings to evaluate the feasibility of 

lowering these thresholds further. However, EPA has stated that the earliest that these lower 

thresholds would be implemented is July 1, 2013, and in the absence of completed rulemaking 

the thresholds in Step 2 will remain in effect. 

The U.S. EPA has put Georgia EPD, and other state permitting authorities, in a very difficult 

situation. The light-duty vehicle rule automatically triggered the regulation of greenhouse gases 

at stationary sources. Therefore, at this point, there are three basic paths that this situation 

could take. 

1. If a state takes action to prohibit the regulation of greenhouse gases within the state, 

U.S. EPA will take over the permitting program for greenhouse gases from the state (and 

has already proposed to do so for about a dozen states). In the meantime, regulatory 

gridlock and uncertainty will likely occur. Once U.S. EPA begins to implement the 

permitting program, it will likely take much longer for U.S. EPA to process the permits 

than when the states were doing it. 

2. If a state that has the authority to regulate greenhouse gases does not implement the 

Tailoring Rule thresholds, U.S. EPA will likely disapprove the portion of the State 

Implementation Plan (SIP) that allows greenhouse gases to be regulated below the 

Tailoring Rule thresholds. In the meantime, regulatory gridlock and uncertainty will likely 

occur. Once U.S. EPA takes final action on the SIP, there will still be uncertainty as to 

the regulated emission thresholds for greenhouse gases under state law. 

3. If a state adopts the Tailoring Rule thresholds into its own rules and submits a SIP 

revision to U.S. EPA requesting approval as part of its federally-approved plan, then the 

negative results described above in possible path #I and possible path #2 will not occur. 

The state, and regulated industry, will still experience significant costs to implement the 

requirements. However, the costs to regulated industry and the amount of regulatory 

uncertainty are less under this path than the other paths. Therefore, Georgia EPD has 

proposed pursuing this path to incorporate the Tailoring Rule thresholds into our rules 

and to submit a SIP revision to U.S. EPA requesting approval as part of our federallyapproved plan. 

In conclusion, the costs imposed by regulating greenhouse gases under ths proposed rule 

change are no more than that of the federal rule. And, the provisions of the Greenhouse Gas 

Tailoring Rule will provide cost savings and increased regulatory certainty to the regulated 

industry compared to the expected costs and lack of regulatory certainty that would result from 

not adopting the federal Greenhouse Gas Tailoring Rule. No direct costs will be imposed on 

local governments or the general public. 

Due to the legal and political uncertainty regarding the Greenhouse Gas Tailoring Rule 

provisions, language has been included in the rule to make clear that regulation of greenhouse 

gases under the PSD permitting program in Georgia shall cease if it ceases at the federal level. 
Chapter 391-3-1 Rules for Air qua lit^^ Lit?;::. 

Rule 391-3-1-.03(10) Title \I Operating Permits 

The purpose of this revision is to reference the most recent versions of the various sections of 

40 CFR Part 70 which includes revisions to Part 70.2 to incorporate the federal Greenhouse 

Gas Tailoring Rule. 

The background and cost information on this rule is included above in the section on the 

Prevention of Significant Deterioration of Air Quality proposed rule change. 

In conclusion, the costs imposed by regulating greenhouse gases under this proposed rule 

change are no more than that of the federal rule. And, the provisions of the Greenhouse Gas 

Tailoring Rule will provide cost savings and increased regulatory certainty to the regulated 

industry compared to the expected costs and lack of regulatory certainty that would result from 

not adopting the federal Greenhouse Gas Tailoring Rule. No direct costs will be imposed on 

local governments or the general public. 

Due to the legal and political uncertainty regarding the Greenhouse Gas Tailoring Rule 

provisions, language has been included in the rule to make clear that regulation of greenhouse 

gases under the Title V permitting program in Georgia shall cease if it ceases at the federal 

level. 
Chapter 391-3-1 Rules for Air Quati"> Zii . . o: 

DEPARTMENT OF NATURAL RESOURCES 

ENVIRONMENTAL PROTECTION DIVISION 

NOTICE OF PUBLIC HEARING AND P,ROPOSED AMENDMENTS 

TO GEORGIA'S RULES FQR AIR QUALITY CONTROL 

CHAPTER 391-3-1 

TO ALL INTERESTED PERSONS AND PARTIES: 

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

Protection Division (hereinafter, "EPD") of the Georgia Department of Natural Resources 

proposes Amendments to Georgia's Rules for Air Quality Control, Chapter 391-3-1 (herei?afi.cr. 

"the proposed Air Rule Amendments"). The Director of EPD certifies that (I) amendmer:' of 

Rule 391-3-1-.02 is required to comply with Section 110(a)(2)(J) of the Clean Air Act, and (2) 

amendment of Rule 391-3-1-.03 is required to comply with Title V of the Clean Air Act. The 

proposed Air rule amendments are described below: 

Rule 391-3-1-.02(7), "Prevention of Significant Deterioration of Air Quality," is b-irvj 

amended to incorporate the Prevention of Significant Deterioration provisions for fine particulate 

matter, to incorporate the provisions of the federal Greenhouse Gas Tailoring Rule, to incli~de 

other minor revisions to make the state rule consistent with the federal rule, and to include 

effective dates of the federal provisions incorporated by reference. 

Rule 394-3-'I-.03(10), "Title V Operating Permits," is being amended to incorporate the 

provisions of the federal Greenhouse Gas Tailoring Rule and to include effective dates of the 

federal provisions incorporated by reference. 

This notice, together with an exact copy of the proposed Air rule amendments, a synopsis, and 

a statement of rationale of the rule revisions, is being provided to all persons who have 

requested in writing that they be placed on a notification list. These documents may be viewed 

at htt~://qae~d.orcl/environeVl or during normal business hours of 8:00 a.m. to 430 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 4041363-7000 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 Air 

 rule amendments, a public hearing will be held at 5:00 p.m. on October 19, 2010, 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 inclusion in EPD's package for the Board of 
Chapter 391-3-1 Rules for Air Quality CcprL~t 

Natural Resources, written comments should be received by close of business on October 26, 2010. 

Written comments may be emailed to EPDComments@dnr.state.aa.us or sent via regular mail 

addressed to: Branch Chief, Air Protection Branch, 4244 International Parkway, Suite 120, Atlanta, 

Georgia, 30354. 

The proposed Air rule amendments will be considered for adoption by the Board of Natural 

Resources at its meeting at 9:00 a.m. on December 8, 2010, in the DNR Board Room located at 2 

Martin Luther King, Jr. Drive, Suite 1252, East Tower, Atlanta, Georgia 30334. The meeting is open 

to the public. 

The proposed Air rule amendments are proposed for adoption 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 4041363-7000. 
Chapter 391-3-1 Rules for Air Quality Controi 

NOTE: THIS IS A RE-ISSUANCE OF A NOTICE PUBLISHED ON SEPTEMBER 17, 2010. 

THE NOTICE IS BEING RE-ISSUED TO CORRECT AN ERROR. SUBPARGRAPH 391-3-1- 

.03(10)(d)3 ON PAGE 18 OF THE PROPOSED RULE AMENDMENTS incorrectly specified a 

date of July 27, 2003 for the federal provision incorporated by reference. The correct date of 

the federal provision is June 27, 2003. NO OTHER CHANGES HAVE BEEN MADE TO THE 

PROPOSED AMENDMENTS. If you submitted comments on the proposed amendments, you 

do NOT need to re-submit them; they will be considered. The public comment period is 

extended through November 16. 

DEPARTMENTOFNATURALRESOURCES 

ENVIRONMENTAL PROTECTION DIVISION 

NOTICE OF PROPOSED AMENDMENTS 

TO GEORGIA'S RULES FOR AIR QUALITY CONTROL 

CHAPTER 391-3-1 

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 

proposes Amendments to Georgia's Rules for Air Quality Control, Chapter 391-3-1 (hereinaiter, 

"the proposed Air Rule Amendments"). The Director of EPD certifies that (1) amendment of 

Rule 391-3-1-.02 is required to comply with Section 110(a)(2)(J) of the Clean Air Act, and (2) 

amendment of Rule 391-3-1-.03 is required to comply with Title V of the Clean Air Act. The 

proposed Air rule amendments are described below: 

Rule 391-3-1-.02(7), "Prevention of Significant Deterioration of Air Quality," is being 

amended to incorporate the Prevention of Siqnificant Deterioration provisions for fine particulate 

matter, to incorporate the provisions of the federal Greenhouse as Tailoring Rule, 'to include 

other minor revisions to make the state rule consistent with the federal rule, and to include 

effective dates of the federal provisions incorporated by reference. 

Rule 391-3-I-.03(40), 'Title V Operating Permits," is being amended to incorporate the 

provisions of the federal Greenhouse Gas Tailoring Rule and to include effective dates of the 

federal provisions incorporated by reference. 

This notice, together with an exact copy of the proposed Air rule amendments, a synopsis, and 

a statement of rationale of the rule revisions, is being provided to all persons who have 

requested in writing that they be placed on a notification list. These documelits may be viewed 

at http://qaepd.orq/environe(/l or during normal business hours of 8:00 a.m. to 430 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 4041363-7000 or the Environmental Protection Division Director's Office at 

1-888-373-5947. 

A public hearing was held at 5:00 p.m. on October 19, 2010, in the EPD Training Center located 

at 4244 International Parkway, Suite 116, Atlanta, Georgia 30354.