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 11O(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 11O(a) elements of the Clean AirAct (CAA) that meetthe requirements ofthe 1-hour S02 National Ambient Air Quality Standards (NAAQS) as determined in 2010. Section 11O(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 11O(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 11O(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 [§11O(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 ofthe 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 ofthe 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

## AttachmentA § 110(a)(2) Infrastructure SIPElements
EnforceableEmission Limitations and Other ControlMeasures [§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 ofemissions rights), as well as schedules and timetables for compliance". GeorgiaAuthority:

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

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

• GeorgiaRules 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 of40 CPR Part 51.


### Air Quality Monitoring, Compilation, Data Analysis, and Reporting 

### [§110(a)(2)(B)] Section 110(a)(2)(B) ofthe 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 airquality, and (ii) upon request, make such data available to theAdministrator." MonitoringNetwork: Georgia EPD produces an annual ambient monitoring network plan and periodic network assessment in accordance with 40 CPR 58.10. The purpose ofthe 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 MonitoringStations (SLAMS), Photochemical Assessment Monitoring Stations (PAMS), Speciation Trends Network (STN) and Supplemental Speciation sites, National Air Toxics Trends Station (NATTS), Special Purpose Monitoring (SPM), Georgia Air Toxics Network, Acid Rain sites, and the meteorological parameters 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 ofthis submittal, EPD continues to work with EPA to meet the monitoring requirements set forth in the 2012 mmual monitoring networkplan. Georgia Authority:

• Georgia's authority to monitor ambient air quality is found in the Georgia Air Quality ActA1ticle 1: Air Quality (O.C.G.A. Section 12-9, et seq.)

• The Air Planning Agreement (APA) between EPA and the State ofGeorgia 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 orthe submission of such data to EPA. Federal grant requirements, the APA, and the underlying Federal regulations establishthe obligationto provide datato EPA.

• Georgiahas and will continue to submit data to EPA'sAir 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 ofmeasures in (A), and regulation ofthe 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, consumerproducts, 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 AirPlmming Agreement.

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

• GeorgiaRule 391-3-1-.09- "Enforcement. Amended." 2 of 12Georgia Authority- Stationary Source Permitting:

• Georgia'spermitting authority is found in GeorgiaAir Quality ActArticle 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). PmtD programs are required for areas that are designatednonattainment for a NAAQS. Since there are no S02nonattainmentareas in Georgia, a Part D permitprogram is not required. Other EPAinfi·astructure guidance states that "States needto have inplace a PSDprogramthat applies to all regulatedNSRpollutants, including GHG." EPA'sproposed approval ofGeorgia's sectionllO(a)(2)(D)(i)(ll) infrastructure requirements for the 1997 and 2006 fine particulate matterNAAQS clarifies the four regulations that arerequired to be adopted into the SIP to meet PSD-related infrastructure requirements for all NAAQS (77 FR72285). Thefour PSD regulations that are requiredto be adopted are: (1) "FinalRule To Implementthe 8-Hour Ozone National AmbientAir Quality Standm·d- Phase 2; Final Rule" (Phase 2 Rule, which includes requirements to includenitrogenozides as anozone precursor); (2) "Implementation oftheNew Source ReviewProgram for Particulate MatterLess Than2.5 Micrometers; Final Rule" (NSR PM2 .s rule); "Prevention ofSignificant Deterioration and TitleV Greenhouse Gas Tailoring Rule; Final Ru1e" (GHGTailoring rule); and (4) "FinalRu1e on the Prevention ofSignificant Deterioration (PSD for Particulate MatterLess Than2.5 Micrometers (PMB ) -Increments, SignificantImpactLevels (SILs) and Significant Monitoring Concentration (CMC); Final Rule" (PM2.5 increments) Each ofthese PSD rules have been adopted bythe State ofGeorgia and submitted and approved byEPA. The Phase 2 rule was approvedNovember22,2010 (75 FR71018). TheNSRPM2.s rule and the GHGTailoringrule wereboth approved September 8, 2011 (76 FR55572). The PM2.s PSD increments rule was approved April9, 2013 (78 FR21065).


### Interstate Transport [§110(a)(2)(D)] ofthe Clean Air Act Section 110(a)(2)(D)(i) ofthe 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 whichwill3of 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 ofair quality or to protectvisibility." Georgia Authority: for Subsection (2)(D)(i)(l) Section 110(a)(2)(D)(i)(I) is also known as the good neighbor provision ofthe CAA in that upwind States are responsible for the effects oftheir pollution on downwind States. Under this section ofthe 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. Couti of Appeals for the Distr·ict of Columbia Circuit to vacate the 2011 Cross-State Air PollutionRule (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 anew SIP under Section 110(a)(1) ofthe 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 ofS02, inregards to the 1hom 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) ofthe 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 ofS02, 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 ofthe PSD program. Additionally, there are no nonattaimnent areas within Georgia subject to NonattainmentNew Source Review for the 1hour SOzNAAQS. 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 12Georgia'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 ofthe SIP was due to the disapproval ofGeorgia'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 12Section UO(a)(2)(D)(ii) ofthe CAA requires that Georgia's SIP for the 1-hourS02 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 ActArticle 1: Air Quality (O.C.G.A. Section 12-9, et seq.)

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

• Pennitting regulations under GeorgiaRule for Air Quality 391-3-1-.03.

• In addition, nothing in Georgia's statutory or regulatory authority prohibits or otherwise interferes with Georgia's abilityto exercise sections 126 and 115 ofthe CAA. AllPSD requirements have either beenapproved by EPAfor Georgiaorhavebeen submitted for approvalto EPA. 

### Resources, Conflict ofInterest, and EmergencyBacl&top f§110(a)(2)(E)] Section 110(a)(2)(E)(i) ofthe CAA requires that Georgia's SIP for the 1-hourS02 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 ofFederalor State law from carrying outsuchplan), (ii) requirements that the State comply with the requirements respecting State boards underSection 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 Statehas responsibilityfor ensuring adequateimplementation ofsuchplanprovision." GeorgiaAuthority: (i)

• This is accomplished through the CAA Section l05 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) [GeorgiaAirPennitFee System].
6 of 12Georgia 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.

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

• GeorgiaRules 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 notrely on localities for specific SIP implementation. There are several specific elements that must be identified to satisfythe requirements ofSection 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 ofthe resources available to the EPD to carry out the SIP was included with Georgia's Title V Petmit Progran1 plan submitted onNovember 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.

• Georgiacomplies with CleanAirAct Section 128.

• Georgia retains responsibility for ensming adequate implementation of Georgia's obligations withrespect 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 ofemissions 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 GeorgiaAir Quality Act: Atticle I: AirQuality (O.C.G.A. Section 12-9, et seq.)

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

• GeorgiaRule for Air Quality 391-3-I-.02(6)

- "Source Monitoring."

• GeorgiaRule for Air Quality 391-3-1-.02(7)- "Prevention ofSignificant Deterioration of Air Quality."

• GeorgiaRule 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."

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

• GeorgiaRule for Air Quality 391-3-1-.03- "Permits. Amended." EPD has met and will consistently meetthe emissions reporting reqnirements of40 CFRPart 51, includingtheAir Emissions Reporting Requirements (AERR). 

### EmergencyPowers and ContingencyPlans [§110(a)(2)(G)] Section 110(a)(2)(G) ofthe 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 ofair 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 ofpublic health or welfare, to issue such orders as may be necessaryto protectpublic health orwelfare orthe environment.

8 of 12The 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 inexcess ofthreshold levels specified in40 CFRPart 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 endangermentto 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 criteriapollutants- 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 emergencyplanfor 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 identifiedbelow. Georgia Authority:

• The GeorgiaAir 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 Planfor Attainment of State andNational Ambient Air Standards"

- Air Quality Control Branch, Georgia Department of Public Health (primarily pages 169-266).


### SIP Revision for Revised Air Quality Standards or NewAttainment 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 ofsuch plan- (i) from time to time as necessary to take account ofrevisions ofsuch national primary or secondary ambient air quality standard or the availability ofimproved or more expeditious methods ofattainingsuch 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 ofl2Georgia Authority:

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

• The Air PlanningAgreement.

• GeorgiaEPD is required by 12-9-6(b)(l2) ofthe Georgia Air Quality Actto submit SIP revisions whenever revised air quality standards are promulgated by U.S. EPA. 

### SIP Revisions for New NonattainmentAreas[§ 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 ofa plan or plan revision for an area designated as a nonattainment area, meet the applicable requirements ofPart 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 ofair 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 oflocal govermnents, and any affectedfederal land manager in carrying out CAArequirements.

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

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

• GeorgiaRule 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.

10 of 12Specifically, 12-9-5(b)(l7) of the Georgia Air Quality Act states that the DNR Board is to "establish satisfactory processes ofconsultation and cooperationwith local governments or other designated organizations of elected officials or federal agencies for the purpose ofplanning, 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 ofinstances or areas in which any air quality standard is exceeded during the preceding calendar year, to advise the public ofthe health hazards associated with suchpollution, and to enhance public awareness ofmeasures 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 GeorgiaDOTbillboards.

• The non-profit organization "Clean Air Campaign" disseminates statewide air quality informationas well as ways to reduce airpollution.

• In addition, EPD's Ambient Monitoring web page (www.georgiaair.org/amp) provides infmmationregarding current and historical air quality across the state.
• Georgia EPD commits to maintaining a public information and education program that satisfies the requirements ofSection 127. Georgia Authority: Meet applicable requirements ofPart C (PSD and visibilityprotection).

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

• GeorgiaRule for Air Quality 391-3-1-.02(7)- "PreventionofSignificant 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 ofthe PSD program. There are no other applicable visibility protection obligations under Section 110(a)(2)(J) as a result ofthe 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." GeorgiaAuthority: (i)

• The GeorgiaAir 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 personnelwithtraining and experienceto 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 ofGeorgia EPD's ability to address this element. Georgia Authority: (ii)

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

• Airquality modeling data is submitted as pmi ofGeorgia's relevant SIP submissions and through federal grant commitments. 

### Major StationarySource 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 ofreviewing and acting upon any application for such a permit, and (ii) ifthe owner receives a permit for such source, the reasonable costs ofimplementing and enforcing the terms and conditions ofany 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 subchapterV ofthis 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 12that 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 

### supportthe operations ofthe permittingprogram 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) ofthe 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 GeorgiaEnvironmental Protection Divisionis responsible for developing, implementing, and enforcing Georgia's state air qualityprogram, therefore there are no localjurisdictions with the authorityto implement the requirements ofthe CAA withinthe State. Forthe

### purpose of defining thetransportation conformity consultationprocedures inMetropolitan Planning organizations (MPOs), EPA approved State Rule 391-3-1-.15 on 6/15/12 (77 FR35866)to incorporate the current transportation conformity requirements. The rule also refers to the manual that specifically defines the consultationprocedures and those organizations subjectto the consultationrequirements. Georgia Authority:

• The GeorgiaAir QualityAct: Article 1: Air Quality (O.C.G.A. Section 12-9, etseq.)

• GeorgiaRule for Air Quality 391-3-1-.15- "Transportation Conformity" This rule refers to the "Transportation Conformity Manual," which defines the consultation procedures for areas subjectto transportationconformity.

13 of 12Responses 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 AirAct (CM) requirements of section 

### 11O(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 ofthe Sierra Club and are the same as the written comments. Written Comments Comments on the proposed certification were received from GreenLaw on behalf ofthe 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 ofthe NAAQS. In addition, Greenlaw cites multiply instances were EPA or courts have relied upon dispersion modeling in an attemptto determine compliance with the S02 NAAQS. GreenLaw also provides modeling to supporttheir comment. Response: The certification orthe revision ofCAA section 11 O(a)(2) infrastructure elements are requiredby the CAA foranynew orrevised NAAQS. The applicable document certifies that the Georgia's currentSIP includes all the applicable elements, with the exception ofsection 11 O(a)(2)(D)(ij(l), which is notrequired withoutfurther action byEPA and 11O(a)(2)(1), which is forplan revisions fornonattainmentareas andResponses to Comments Received- Atlanta PM2.5 SIP
is addressedunder CAA title IpartD undera different submission schedule. This infrastructure SIPcertification is consistent with allprevious guidance forinfrastructure SIPsprovidedbyEPA including "Guidance on SIP Elements Required UnderSections 110(a)(1) and (2) for the1997 8-hour Ozone andPM 2

. 5 NationalAmbientAirQuality Standards," "Guidance on SIP Elements Required UnderSections 110(a)(1) and (2) for the 2006 24-HourFine Particle (PM2.s)NationalAmbientAir QualityStandards (NAAQS)," and "Guidance on Infrastructure State Implementation Plan (SIP) Elements Required UnderSections 11 O(a)(1) and (2) for the2008 Lead (Pb) NationalAmbientAir Quality Standards. " GreenLawcites section 110(a)(2)(A), orelementA perGeorgia's certification, as the basis forthe requirement ofemission limits '1o ensure attainment with the NAAQS." However, establishing emission limita.tions to achieve attainment with the NAAQS is not the purpose ofelementA. EPA clarifies in the infrastructure guidance that this element does notaddress those emissions limitations andothercontrolmeasures needed to attain the NAAQS in areas designatednonattainmentfor

### a NAAQS. Section 11 O(a)(2)(1), element I, is the section thatrequires plan revisions fornonattainment areas (including necessaryemission limits). As statedabove, element I is address bya differentrequirement ofthe CAA. Additionally, EPA also clearlystates in 78 FR 14681, "ApprovalandPromulgation of Implementation Plans; Kentucky; 110(a)(1) and (2) Infrastructure Requirements for the 2008 8-Hour Ozone NationalAmbientAirQuality Standards" that "EPA does notbelieve that this is a reasonable interpretation ofthe provision with respect to infrastructure SIP submissions" when responding to a comment (verysimilarto this GreenLawcomment) about the KYinfrastructure SIP concerning data revealing 

### a violation ofthe NAAQS and the approvabilityofthe infrastructure SIP relative to 11 O(a)(2)(A). EPA's response also states that "The Actprovides states andEPA with othertools to address concerns that arise with respectto violations ofthe NAAQS

.. .. " Please see 78 FR 14683 formore detail about the commentandEPA's response, including those provisions ofthe Act that address violations ofthe NAAQS. GreenLaw's arguments for the use ofdispersion modeling are basedon documents or decisions related to formal nonattainmentdesignation processes. The "White Paper" that GreenLawcites is "Pre-Decisional"andits purpose is to facilitate input from states, tribes, andotherinterested stakeholders on EPA's implementation ofthe 2010 S02 NAAQS. Itis also important to note that, underthe CAA, States are responsible for designation recommendations andEPA makes the final determination ofattainment status. Until the attainmentstatus is formallypromulgatedbyEPA, no emission limits to ensure the attainment ofthe NAAQS can be determined. EPA's has outlinedits implementation time line forthe 2010 S02 NAA QS at: http:llwww.epa.gov!airqualitv!sulfurdioxide!pdfs!20130207S02StrateqvPaper.pdf. Underthis strategy, EPA will make the initial, ambientmonitoring-based designations by June of2013 and final designations basedon yet to be finalguidance and/orrule for dispersion modeling byDecember2017. Note that States willhave the option ofusing

2Responses to Comments Received- Atlanta PM2.5 SIP modeling orlocating a monitor, basedon modeling, to determine the design value for which nonattainmentrecommendations willbe made. The guidance to usedmodeling data is notyet final. UnderEPA's strategy, Georgia willnotbe required to make any modeling-basedrecommendation to EPA untilJanuary2017. In summary, while EPA has issueda strategy thatincludes the use ofdispersion modeling fornonattainmentdesignations forthe 2010 S0 2 NAAQS, no finalguidance or rule has been issued. Therefore the modeling that GreenLawhas submitted with these comments cannotbe usedfordetermining a nonattainmentstatus and therefore cannot be usedto require emission limitations to ensure attainment ofthe NAAQS. Therefore no revision to the certification is necessaryas the result ofthis 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 ofthe S02 NAAQS in another State. GreenLaw also includes modeling to supportthis comment. Response: The CAA requirement that GreenLawrefers to is section 110(a)(2)(D)(i)(l) orelementD. The certification clearly discussed why this elementcannotbe addressed at this time. The legaldiscussion, which is clearlyarticulatedin EPA's infrastructure SIP guidance to the states, is included in the certification andis reiteratedbelow: "Section 11O(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 oftheir pollution on downwind States. Under this section ofthe 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 ofAppeals for the District ofColumbia 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 deficientforfailing 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 11O(k)(5) orsubmit a new SIP under Section 11O(a}(1) ofthe CAA. In addition, the November 19, 2012 EPA memo from Gina McCarthy, AssistantAdministrator, cited the court decision that "a SIP cannot be deemed deficientforfailing to meetthe good neighbor obligation before EPA quantifies the obligation." As ofthe submission ofthis 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

3Responses to Comments Received- Atlanta PM2.5 SIP SIP is necessary at the time to incorporate this**ele~t** of Section 11O(a) ofthe CAA." Since neitherthe State ofGeorgia noranyotherState has the ability to satisfythis requirement withoutEPA's determination ofsignificantcontribution, no revision to this certification is necessaryin 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 ofSignificant Deterioration (PSD) program to address Sections 110(a)(2)(C), (D(i), and (J). Response: EPD revised the document to include the additionalreferences. EPA recommended that EPD cite any other permitting fees thatthe state collects outside ofthe Title 

### V program. Response: EPD revised the document to discuss synthetic minorpermitting fees. EPAsuggested 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 necessaryto address regionalhaze as there were no localentities involvedin the consultation process.

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