Stanley Meiberg 

Acting Regional Administrator 

U.S. EPA, Region 4 

61 Forsyth Street, S.W. 

Atlanta, Georgia 30303-3104 

Georgia Department of Natural Resources 

Environmental Protection Division 

2 Martin Luther King Jr. Dr., Suite 1152, Atlanta, Georgia 30334 

Judson H. Turner, Director 

(404) 656-4713 

Re: Certification of 11 O(a) Infrastructure Elements for the 2010 1-Hour S02 NAAQS 

Dear Mr. Meiberg: 

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 S02 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)(8)] 

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

• Interstate Transport [§11 O(a)(2)(D)] 

• Resources, Conflict of Interest, and Emergency Backstop [§110(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 

[§110(a)(2)(H)] 

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

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

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

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

• Consultation with Local Entities [§11 O(a)(2)(M)] 
Stanley Meiburg 

Pagetll)lo 

!OU ~'~ZOI~ 

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 all applicable state and federal public notice, hearing, and comment requirements. All 

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, as 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, §11 O(a)(2)(1) is not required to be addressed by this 

submission. 

On April 19, 2013 the public notice requesting comments for the proposed SIP certification 

was advertised by noticing individuals using EPD Air Protection Branch's listserv mailing 

list for public notices. GAEPD has responded to the comments received during the public 

comment period: April 19, 2013 through May 24, 2013. We have enclosed certifications 

that the required public notices were provided and that public hearings were held. 

Comments received and response to comments are also enclosed. This submittal includes 

one paper copy 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. 

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

404-363-7014. 

Sincerely, 

Cl~tJ,C-__ Jf;lson H. Turner 

Director 

JHT:JJ:JK:klc 

Enclosure 

c: Scott Davis (with enclosure) 

EPA Region 4. 

Keith Bentley (w/out enclosure) 

EPD, Air Protection Branch 
Attachment A 

§ 110(a)(2) Infrastructure SIP Elements 

Enforceable Emission Limitations and Other Control Measures 

[§110(a)(2)(A)] 

Section 110(a)(2)(A) of the CAA requires that Georgia's SIP for the 1-hour S02 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 I hour SOz 

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

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

Part 51. 

Air Quality Monitoring, Compilation, Data Analysis, and Reporting 

[§ 11 0( a )(2)(B)] 

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

1-hour S02 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 an annual ambient monitoring network plan and periodic network 

assessment in accordance with 40 CPR 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 and that 

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

station. Second, the plan serves as a directory of existing State and Local Air Monitoring 
Stations (SLAMS), Photochemical Assessment Monitoring Stations (P AMS), 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 perfotmed 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, neither of which involves the S02 monitoring network. As of this submittal, EPD 

continues to work with EPA to meet the monitoring requirements set forth in the 2012 mmual 

monitoring network plan. 

Georgia Authority: 

• Georgia's authority to monitor ambient air quality is found in the Georgia Air Quality 

Act A1ticle 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 mnbient 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 AP A, 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 1-hour S02 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 somces, 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 Plmming Agreement. 

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

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

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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 Ru1es for Air Quality 391-3-1-.02(7). 

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

Nonattainment New Source Review requirements under Georgia Rules for Air Quality 

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

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

there are no S02 nonattainment areas in Georgia, a Part D permit program is not required. 

Other EPA infi·astructure guidance states that "States need to have in place a PSD program that 

applies to all regulated NSRpollutants, including GHG." EPA's proposed approval of Georgia's 

sectionllO(a)(2)(D)(i)(ll) infrastructure requirements for the 1997 and 2006 fine particulate 

matter NAAQS clarifies the four regulations that are required to be adopted into the SIP to meet 

PSD-related infrastructure requirements for all NAAQS (77 FR 72285). The four PSD 

regulations that are required to be adopted are: (1) "Final Rule To Implement the 8-Hour Ozone 

National Ambient Air Quality Standm·d- Phase 2; Final Rule" (Phase 2 Rule, which includes 

requirements to include nitrogen ozides as an ozone precursor); (2) "Implementation of the New 

Source Review Program for Particulate Matter Less Than 2.5 Micrometers; Final Rule" (NSR 

PM2.s rule); "Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring 

Rule; Final Ru1e" (GHG Tailoring rule); and ( 4) "Final Ru1e on the Prevention of Significant 

Deterioration (PSD for Particulate Matter Less Than 2.5 Micrometers (PMB ) -Increments, 

Significant Impact Levels (SILs) and Significant Monitoring Concentration (CMC); Final Rule" 

(PM2.5 increments) 

Each of these PSD rules have been adopted by the State of Georgia and submitted and approved 

by EPA. The Phase 2 rule was approved November 22,2010 (75 FR 71018). The NSRPM2.s 

rule and the GHG Tailoring rule were both approved September 8, 2011 (76 FR 55572). The 

PM2.s PSD increments rule was approved April9, 2013 (78 FR 21065). 

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 1-hour SOz 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 

will3 of 12 
(I) contribute significantly to uonattainment 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. 

Co uti of Appeals for the Distr·ict of Columbia Circuit to vacate the 2011 Cross-State Air 

Pollution Rule (CSAPR) (EME Homer City Generation, L.P. v. 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 addition, the November 19, 2012 EPA memo from Gina McCarthy, Assistant Administrator, 

cited the couti 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 

conh·ibution of S02, in regards to the 1 hom SOz NAAQS, to any downwind State. Therefore, 

no revision to Georgia's SIP is necessary at the time to incorporate this element of Section 

110(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 S02, 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 nonattaimnent areas within Georgia subject to 

Nonattainment New Source Review for the 1 hour SOz 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. 

4 of 12 
Georgia's Regional Haze SIP revision addresses visibility improvement in these areas and those 

affected in downwind states. 

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. 

5 of 12 
Section UO(a)(2)(D)(ii) of the CAA requires that Georgia's SIP for the 1-hour S02 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). 

• Pennitting 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 Bacl&top 

f§110(a)(2)(E)] 

Section 110(a)(2)(E)(i) of the CAA requires that Georgia's SIP for the 1-hour S02 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 l 05 grant process, Georgia Air Quality 

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

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

6 of 12 
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-S(a) is the specific provision that complies with CAA 

128. 

• 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." 

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 Pati 51, Subpart M, Georgia EPD will develop, implement, 

and enforce the SIP as a whole. 

o In accordance with 40 CFR 51, Subpatt 0, a description of the resources available to the 

EPD to carry out the SIP was included with Georgia's Title V Petmit Progran1 plan 

submitted on November 12, 1993. 

• In accordattce 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 Progratn plan submitted on November 12, 1993. 

• Georgia complies with Clean Air Act Section 128. 

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

obligations with respect to the 1-hour S02 NAAQS. 

Stationary Source Emissions Monitoring and Reporting f§l10(a)(2)(F)] 

Section 110(a)(2)(F) of the CAA requires that Georgia's SIP for the 1-hour S02 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, 

7 of 12 
(ii) Periodic reports on the nature and amounts of emissions and emissions-related data, 

and 

(iii) Correlation of such 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: Atticle I: 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 3 91-3 -I-. 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 reqnirements of 40 CFR 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 •·equires that Georgia's SIP for the 1-honr S02 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 imminent and substantial endangetment to public health or welfare or the 

environment. 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. 

8 of 12 
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 mnbient pollutant 

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

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 enviromnent." Section llO(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 5l.l6 (36 FR 24002, November 21, 1971), which established "significant harm levels" 

for five criteria pollutants- S02, irihalable particulate matter (PM10), N02 , CO, and ozone. Pm·t 

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

November 7, 1986). The requirement to submit an emergency plan for S02, PM10, NOz, CO, and 

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

currently has emergency provisions specifically for SOz 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." 

• Jmmary 1972 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 1-hour S02 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." 

9 ofl2 
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)(l2) of the Georgia Air Quality Act to submit SIP 

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

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 1-hour S02 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 S02 

NAAQS and is only addressed when an attainment demonstration is required, as required by a 

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

element is necessary. 

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

Section 110(a)(2)(J) of the CAA requires that Georgia's SIP for the 1-hour S02 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 satisfact01y process of consultation with general 

purpose local govennnents, designated organizations of elected officials of local govermnents, 

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 parties designated 

under Section 121. 

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Specifically, 12-9-5(b)(l7) 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 measures that can be taken to prevent such standards from 

being exceeded. 

• 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 

infmmation regarding current and historical air quality across the 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 1-hour SOz NAAQS. 

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

Section llO(a)(2)(K) of the CAA requires that Geo1·gia's SIP for the 1-hour S02 NAAQS 

"provide forllof12 
(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.) 

• The predominant type of air quality modeling to be conducted with respect to 

implemep.ting the 1-hour S02 NAAQS will be source-oriented dispersion modeling with 

models such as AERMOD." EPD cmrently has personnel with training and experience to 

conduct source-oriented dispersion modeling with models such as AERMOD. In 

addition, approval of the PSD program, including the specific (dispersion) modeling 

provisions, is further support of Georgia EPD' s ability to address this element. 

Georgia Authority: (ii) 

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

• 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 1-hour S02 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 Administt·ator's approval of a fee program under 

subchapter V of this chapter." 

The Georgia Environmental Protection Division collects fees under the authority of Federaly 

approved Georgia Rule 391-3-1-.03(9)- "Permit Fees." This rule cites the procedures manual 

12 of 12 
that determines the fee schedule for all Title V related fees as well as those fees applied to 

synthetic minor sources. These fees are used to fund the permitting operations or Georgia EPD. 

Both the rule and the fee manual are revised annually to reflect the fee schedule necessary to 

support the operations of the permitting program each year. 

Georgia Authority: 

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

EPA-approved Title V fee program and fees for synthetic minor sources. 

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

Section 110(a)(2)(M) of the CAA requires that Georgia's SIP for the 1-hour S02 NAAQS 

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

plan." 

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

and enforcing Georgia's state air quality program, therefore there are no local jurisdictions with 

the authority to implement the requirements of the CAA within the State. For the purpose of 

defining the transportation conformity consultation procedures in Metropolitan Planning 

organizations (MPOs), EPA approved State Rule 391-3-1-.15 on 6/15/12 (77 FR 35866) to 

incorporate the current transportation conformity requirements. The rule also refers to the 

manual that specifically defines the consultation procedures and those organizations subject to 

the consultation requirements. 

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-.15- "Transportation Conformity" This rule refers 

to the "Transportation Conformity Manual," which defines the consultation procedures 

for areas subject to transportation conformity. 

13 of 12 
Responses to Comments Received During the Public Comment Period 

April19 through May 24, 2013 

Proposed Certification Regarding Georgia's State Implementation Plan for the 

2010 S02 NAAQS 

On April 19, 2013, EPD issued a public notice requesting comments on the proposed 

certification that the current State Implementation Plan (SIP) contains the elements 

necessary to meet the Clean Air Act (CM) requirements of section 11 O(a) for the 2010 

S02 National Ambient Air Quality Standards (NMOS). Oral comments were received 

during the public hearing on May 20, 2013. Written comments of the same nature were 

also received during the public comment period. Comments received are summarized 

in this memo. 

Issues raised by the commenters, followed by EPD's responses to the commenters' 

assertions, are presented below. 

Public Hearing 

Oral comments on the proposed certification were received during the public hearing 

from GreenLaw on behalf of the Sierra Club and are the same as the written comments. 

Written Comments 

Comments on the proposed certification were received from GreenLaw on behalf of the 

Sierra Club and from EPA. 

GreenLaw's Comments to the Proposed SIP Certification Received May 24, 2013 

Revisions/responses to address comments are in italics. 

Greenlaw states that Georgia's Infrastructure SIP must include enforceable 1-

hour S02 emission limits on Georgia Power's Plants Bowen, Branch, Hammond, 

Wansley and Yates to ensure attainment of the NAAQS. In addition, Greenlaw 

cites multiply instances were EPA or courts have relied upon dispersion 

modeling in an attempt to determine compliance with the S02 NAAQS. GreenLaw 

also provides modeling to support their comment. 

Response: The certification or the revision of CAA section 11 O(a)(2) infrastructure 

elements are required by the CAA for any new or revised NAAQS. The applicable 

document certifies that the Georgia's current SIP includes all the applicable elements, 

with the exception of section 11 O(a)(2)(D)(ij(l), which is not required without further 

action by EPA and 11 O(a)(2)(1), which is for plan revisions for nonattainment areas and 
Responses to Comments Received- Atlanta PM2.5 SIP 

is addressed under CAA title I part D under a different submission schedule. This 

infrastructure SIP certification is consistent with all previous guidance for infrastructure 

SIPs provided by EPA including "Guidance on SIP Elements Required Under Sections 

110(a)(1) and (2) for the1997 8-hour Ozone and PM2.5 National Ambient Air Quality 

Standards," "Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for 

the 2006 24-Hour Fine Particle (PM2.s)National Ambient Air Quality Standards 

(NAAQS)," and "Guidance on Infrastructure State Implementation Plan (SIP) Elements 

Required Under Sections 11 O(a)(1) and (2) for the2008 Lead (Pb) National Ambient Air 

Quality Standards. " 

GreenLaw cites section 110(a)(2)(A), or element A per Georgia's certification, as the 

basis for the requirement of emission limits '1o ensure attainment with the NAAQS." 

However, establishing emission limita.tions to achieve attainment with the NAAQS is not 

the purpose of element A. EPA clarifies in the infrastructure guidance that this element 

does not address those emissions limitations and other control measures needed to 

attain the NAAQS in areas designated nonattainmentfor a NAAQS. Section 

11 O(a)(2)(1), element I, is the section that requires plan revisions for nonattainment 

areas (including necessary emission limits). As stated above, element I is address by a 

different requirement of the CAA. 

Additionally, EPA also clearly states in 78 FR 14681, "Approval and Promulgation of 

Implementation Plans; Kentucky; 110(a)(1) and (2) Infrastructure Requirements for the 

2008 8-Hour Ozone National Ambient Air Quality Standards" that "EPA does not believe 

that this is a reasonable interpretation of the provision with respect to infrastructure SIP 

submissions" when responding to a comment (very similar to this GreenLaw comment) 

about the KY infrastructure SIP concerning data revealing a violation of the NAAQS and 

the approvability of the infrastructure SIP relative to 11 O(a)(2)(A). EPA's response also 

states that "The Act provides states and EPA with other tools to address concerns that 

arise with respectto violations ofthe NAAQS .. .. " Please see 78 FR 14683 for more 

detail about the comment and EPA's response, including those provisions of the Act 

that address violations of the NAAQS. 

GreenLaw's arguments for the use of dispersion modeling are based on documents or 

decisions related to formal nonattainment designation processes. The "White Paper" 

that GreenLaw cites is "Pre-Decisional" and its purpose is to facilitate input from states, 

tribes, and other interested stakeholders on EPA's implementation of the 2010 S02 

NAAQS. It is also important to note that, under the CAA, States are responsible for 

designation recommendations and EPA makes the final determination of attainment 

status. Until the attainment status is formally promulgated by EPA, no emission limits to 

ensure the attainment of the NAAQS can be determined. 

EPA's has outlined its implementation time line for the 2010 S02 NAA QS at: 

http:llwww.epa.gov!airqualitv!sulfurdioxide!pdfs!20130207S02StrateqvPaper.pdf. 

Under this strategy, EPA will make the initial, ambient monitoring-based designations by 

June of 2013 and final designations based on yet to be final guidance and/or rule for 

dispersion modeling by December 2017. Note that States will have the option of using 

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Responses to Comments Received- Atlanta PM2.5 SIP 

modeling or locating a monitor, based on modeling, to determine the design value for 

which nonattainment recommendations will be made. The guidance to used modeling 

data is not yet final. Under EPA's strategy, Georgia will not be required to make any 

modeling-based recommendation to EPA until January 2017. 

In summary, while EPA has issued a strategy that includes the use of dispersion 

modeling for non attainment designations for the 2010 S02 NAAQS, no final guidance or 

rule has been issued. Therefore the modeling that GreenLaw has submitted with these 

comments cannot be used for determining a nonattainment status and therefore cannot 

be used to require emission limitations to ensure attainment ofthe NAAQS. Therefore 

no revision to the certification is necessary as the result of this comment. 

GreenLaw states that Georgia's Infrastructure SIP must include provisions to 

ensure S02 emission will not cause or significantly contribute to nonattainment 

or interfere with maintenance of the S02 NAAQS in another State. GreenLaw also 

includes modeling to support this comment. 

Response: The CAA requirement that GreenLaw refers to is section 110(a)(2)(D)(i)(l) 

or element D. The certification clearly discussed why this element cannot be addressed 

at this time. The legal discussion, which is clearly articulated in EPA's infrastructure SIP 

guidance to the states, is included in the certification and is reiterated below: 

"Section 11 O(a}(2)(D)(i)(l) 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 Pollution Rule (CSAPR) (EME Homer City 

Generation, L.P. v. EPA, No. 11-1302) clarified that only EPA can 

determine "significant contribution" and that "a SIP cannot be deemed to 

Jack 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 

11 O(k)(5) or submit a new SIP under Section 11 O(a}(1) of the CAA. 

In addition, the November 19, 2012 EPA memo from Gina McCarthy, 

Assistant Administrator, 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 that 

Georgia has any significant contribution of S02, in regards to the 1 hour 

S02 NAAQS, to any downwind State. Therefore, no revision to Georgia's 

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Responses to Comments Received- Atlanta PM2.5 SIP 

SIP is necessary at the time to incorporate this ele~t of Section 11 O(a) 

of the CAA." 

Since neither the State of Georgia nor any other State has the ability to satisfy this 

requirement without EPA's determination of significant contribution, no revision to this 

certification is necessary in response to this comment. 

EPA's Comments to the Proposed SIP Certification Received June 10, 2013 

EPA suggested specific documentation to be included in the certification 

·regarding the Prevention of Significant Deterioration (PSD) program to address 

Sections 110(a)(2)(C), (D(i), and (J). 

Response: EPD revised the document to include the additional references. 

EPA recommended that EPD cite any other permitting fees that the state collects 

outside of the Title V program. 

Response: EPD revised the document to discuss synthetic minor permitting fees. 

EPA suggested that EPD include provision regarding its transportation 

conformity rules and regional haze SIP as they may demonstrate consultation 

with local entities. 

Response: EPD revised the document to discuss the transportation conformity 

consultation requirements. No revision was necessary to address regional haze as 

there were no local entities involved in the consultation process. 

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