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 RegionalAdministrator U.S. EPA, Region4 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 pertainto 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:
Revisionsto 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-uleconsistent

### Ms. Gwen Keyes Fleming Page 2

with the federal rule, and to include promulgated dates of the federal provisions incorporated by reference. The PSD provisionsfor 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 Rulesfor Air Quality Control refer to the dates of publication of the promulgated rules in the Federal Register (June 3,2010) and notthe 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 associatedwith the incorporation by reference of federal rules intothe Georgia Rulesfor Air Quality Control refer to the dates of publication of the promulgated rules in the Federal Register (June 3,2010) and notthe effective dates ofsuch (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 remainconsistent 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 inthis lettel-.
EPA provided infol-mation relating the status of the underlying federal I-equirements for the minor rule updates also included inthis 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 petitionto reconsider; therefore, EPAwill take nocurrent action on these rules. EPD notesthese 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 hearingwas conducted on October 19,2010. As required bythe Federal SIP-processing regulations,we have enclosed a certification that the required public notice was provided, that a public hearingwas held, and that comments were received and considered on these proposed amendments. We have also enclosedthe administrative materialsand technical support checkliststo satisfythe SIP submittal completeness criteria. Georgia EPD is providingone paper copy aswell as a compact disc of this submittalto 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 freeto contactJimmy Johnstonat (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 JamesA. Capp, Branch Chief, EPDAir Protection BranchAdministrative Materialsfor SIP Submittal For Air Quality Rules Adopted December 8, 2010 391-3-1-.02 & .03, GreenhouseGas Rule

1. A formal letter of submittal from the Governor or his designee, requesting EPA approval of the planor revision thereof (hereafter "the plan"). Tlie coverlettertransmitting theseproposed SIPrevisio~is isthe formalletterof submissio~i.

2. Evidence that the State has adopted the plan inthe 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, asevidence that Geo~gia has adoptedthe rule amendments, isthe email verification ofreceiptofthe Ce~fificafion ofAd~iii~iistrative Rules filedwith the Secretaryof State's office on December

### 9, 2010, forthe RolesforAir Q~lality Control, Chapter

### 391-3-1.

3. Evidence that the State has the necessary legal authority under State lawto adopt and implement the plan. The GeorgiaAir QualityAct, A~ficle 

### I:Air Quality (O.C.G.A. 

### 12-9,et. seq.) providestl~e ~iecessary legalauthol-ityunderState lawto adopt andimplementthe revisions. TlieAcl, i~i itsentirety, islocatedat 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 intothe plan, including indication of the changes madeto 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 isfully enforceable by the State. The effective date ofthe regulationldocutnentshall, whenevelpossible, be indicated inthe document itself. E~iclosed isa copy ofthe revisio~is to the Rulesfol-Air Qualify Co~ibnl, Chapter

### 391-3-1, effective June 

### I I,2010. This scibmittalis co~nplote i1i fliai it ir~clridcs allame~idments adopted bythe DNRBoard011 December 8, 

### 2010.



### 5. Evidetncethat 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 proceduraliequireme~ils inadopting this SIP revision, isthe memora~idu~n to the Boardof Nalu~ol Resoci~ces dated November

### 29, 2010. Itiricludes 

### the metno~-a~idu~ii fo Allen Ba~nes datedNovember 19, 

### 2010, addressing the comnie~~ts receiveddurirlgthe piihlic comrrieniperiodandinrelati011 to the public heatiligco~iducted onOctober 

### 19,2010.6. Evidence that public noticewas given of the proposed change consistent with procedures approved by EPA, includingthe date of publication of such notice; and Certificationthat public hearings(s)were held in accordance with the infortnation provided in the public notice and the State's laws and constitution, ifapplicable. Eticlosedisa copy ofthe Notice of Public Hearingandthe Certificate ofPublic Heat-ing andR~ile Adopfion for the October 19,2010 public hearing.

391-3-V.02& 03,Greenhouse Gas Rule Adoption Date: 12-8-10Technical Supportfor SIP Submittal ForAir Quality RulesAdopted December8, 2010 391-3-1-.02 & .03,Greenhouse Gas Rule

1, ldentification of all regulated pollutants affected bythe plan Theproposed SIPrevisions covet-allregiilatedpollritants.



### 2. ldentification of the locationsof affected sources including the 

### EPA attainmentlnonattainment designation of the locations andthe status of the attainment planfor the affected areas(s). The R~iles forAil-Qoality Colifrolare 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.
Notapplicable



### 4. The State's demonstrationthat 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 theAct, a revision must be submitted to providefor the maintenance of the national primary ambient air quality standards for at least 10years as required by section 175A ofthe Act. 7-17e NAAQS, PSD increlnel~ts, RFPde~llo~lstrafio~~ andvisibility will beprotectedifthese SIPrevisloixateapprovedat~d implonenfed

5 Modeling information !requiredto s~lpport he 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 relevanttothe deier~niriation of adequacy of the inodeling analysis. No1applical~le.



### 6. Evidence, where necessary, that emission limitations are based on continuo~~s emission I-eductiontechnology. Noiapplical~le.

### 7. Evidencethat the plan contains emission limitations,work practice standards and recordkeepinglreporting requirements,where necessary,to ensure emission levels Notapplicable.



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

9. Special economic andtechnological justifications required by any applicable EPA policies, or anexplanation of why suchjustifications are not necessary. Nospecialecono~nic ortec/i~iological justifications a/-erequiredfor fliis pioposedSIP revision

391-3-1-.02 & .03,Greenhouse Gas Rule Adoption Date: 12-8-1 0From: 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 printthis copy; I'mtold 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, Rulesofthe Georgia Department of Natural Resources This acknowledges receiptofyour letter, dated December09, 2010, with which was attached an electronic copy ofthe above-captioned amendment.
We have recorded said amendment as having been received and filed on December09, 2010, to become effective on December 29, 2010. Sincerely, Taffie Joseph
Taffie Joseph Information & Referral Specialist Administrative Procedure Division 

### tjc!xeh_@%uzaov

# GeorgiaDepartmentofNatural Resources EnvironmentalProtectionDivision. Air Protection Branch 4244 InternationalParkway. Suite 120: Atlanta. Georeia30354 

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

F.Allcn l3iarnes.Dircc~or



### CERTIFICATE OF PUBLIC HEARING AND RULEADOPTION

I do hereby certify that a public hearing was held on October 19, 2010, concerning proposedamendmentsto Georgia's Rules forAir Quality, Chapter 391-3-1. A public notice was published in The Atlanta Journal/Constitution, a newspaper of statewidecirculation,the SavannahMorning News, andtheAugusta Chronicle, providing at least 30 daysfor review and comments.
Idofurther certify that the proposed rule amendmentswere adopted in accordance with the StateofGeorgia's procedures for ruleadoption. The proposed ruleamendmentswere adopted by the Board of Natural Resources on December 8, 

### 2010; were filed with the Secretary of State'sofficeon December9,2010;andwill become effective December 29, 2010.

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

### MyCommission ExpiresJanuary 

### 13,2013 

### Pfanningand support ProGarn

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## Z,ISI-IER9S AFFIDAVIT

ACCOUNT NAME GA DEPT NATURAL RESOURCES


### ACCOIJN'I'NO. 041293700



### 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 

### onthe fbllowingdate(s): SI~I"I'I(M131X 19,

### 2010.

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: Colitinbiis I,etigci--iiiic]~iircr icgal scclioi~ 

### I tiinc(s)ciitlii~::oil 

### 9/:20/2010.Ilil~AIllhlCNT 01: NATUIIAL 1lCSOliRl:ES INYIIIONMENIAL PKOlLCIlONDIVISION

!NOTICE 01 PIJIXIC UEAIIING AND PROPOSE0AMNUMENIS 10 GEOIICIA'S RULESFORAIR Quami CONTROI. CIIAPIEII391-3-1
TO AlL IRICRCSTED PERSONSAND PARTIES

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

Mineti cnnirneriti arcwelcomed. loiiismc

'[lie riinoiiicd Air ilikaaii!sdincsi.i sic oin-

### A 

### RESOLUTION Adopting Amendments lothe Rulesfor 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 ProtectionAgency (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 retainfederal approval under the CleanAir 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 noticefor 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 hearingwas held on October 19,2010, to which public participation was invited; and WHEREAS, a public notice was re-issued and posted on EPD's Environetwebsite 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 requirementsand 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 GeorgiaAir 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 Respectfullysubmitted by: ATTESTChris 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 ofthe 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-andadditions with underlines; and 

## > Aproposed resolution for adopting the amendmentto the rules. A - 51 Thank you for your attention to these proposed rule changes.

AttachmentsChapter 391-3-1 Rulesfor Air Quality :70 L+ 

# -

SYNOPSIS OF THE PROPOSED AMENDMENTS TOTHE RULES OFTHE DEPARTMENTOF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION RELATINGTO 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 70where they are incorporated by reference.
MainFeatures: Promulgationor 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 atthe federal level.Chapter 391-3-1



### STATEMENT OF RATIONALE Rules for Air Quality Control Rulesfor Air Quality 

### iJo~:t,o!

Rule391-3-1-.02(7) Prevention of Significant Deteriorationof 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) provisionsfor 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 industrywill incur permitting requirementsfor greenhouse gases and fine particulate matter. The main element of this rule revision is the incorporation of the federal Greenhouse Gas Tailoring Ruleemission thresholdsfor greenhouse gases. This rule revision is necessary due to actions taken by the federal government that triggered the requirementsto regulate greenhousegas emissionsfrom 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, 2011. 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 (currentlythere 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 billionto 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 permittingthresholds 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 inthe rule.
The thresholds are phased in over time in two steps. In addition, U.S. EPA has con~initted lo continue to evaluatethe appropriateness of these thresholds and may go through ruliin:d:iiii; iii the future, effective no earlier than 2013, to lowerthe thresholds closer to the statutory ~e,j[:i~,. During Step 1,which would go from January 2, 2011, until July 1, 2011, sources subjectto PSD "anyway" will be required to install Best Available Control Technology for greenhouse gases if the project increases emissions by 75,000tons peryear 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 requirementsto state permitting authorities drops down to $36 million nationally. This amount reflects a 42% increase in cost (direct costs only) over the current program. Inaddition 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 impactto 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 Rulesfor 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 greenhousegases 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 programfor 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. Inthe meantime, regulatory gridlock and uncertaintywill 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 implementthe 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 resultfrom 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 

### RulesforAir 

### 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 GasTailoring Rule.
The background and cost information onthis 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 orthe general public.
Dueto the legaland political uncertainty regarding the Greenhouse Gas Tailoring Rule provisions, language has been included inthe ruleto make clear that regulation of greenhouse gases under the Title V permitting program in Georgia shall cease if it ceases at the federal level.Chapter391-3-1 RulesforAir Quati"> Zii

. .o:

DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION 

### NOTICE OF PUBLIC HEARINGAND P,ROPOSED AMENDMENTS TO GEORGIA'S RULES FQRAIR QUALITY CONTROL CHAPTER 391-3-1

TO ALL INTERESTEDPERSONS 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 proposesAmendments 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 ofChapter 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 PROPOSEDAMENDMENTS TO GEORGIA'S RULES FORAIR QUALITY CONTROL CHAPTER391-3-1

TO ALL INTERESTED PERSONSAND 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 ruleamendments 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 inwriting 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 4041363-7000or 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.