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Administrative Materials for SIP submittal dated: December 2015

PM2.5 Infrastructure SIP

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

approval of the plan or revision thereof (hereafter “the plan”).

The cover letter transmitting this proposed plan is the formal letter of 

submission.

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

regulations; or issued the permit, order, consent agreement (hereafter “document”) 

in final form. That evidence shall include the date of adoption or final issuance as 

well as the effective date of the plan if different from the adoption/issuance date.

Not Applicable. This submission certifies that Georgia’s current State 

Implementation Plan (SIP) contains the Section 110(a) elements of the Clean 

Air Act (CAA) that meet the requirements of the PM2.5 National Ambient Air 

Quality Standards (NAAQS) as determined in 2012.

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

and implement the plan.

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

provides the necessary legal authority under State law to adopt and 

implement the Georgia Rules for Air Quality Control. The Act, in its entirety, 

is located at http://www.lexis-nexis.com/hottopics/gacode/ under Title 12, 

Chapter 9, Article 1.

The Georgia Rules for Air Quality Control 391-3-1 can be found on the 

website for the Georgia Secretary of State at http://rules.sos.ga.gov/gac/391-

3-1 .

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

incorporation by reference into the plan, including indication of the changes made 

to the existing approved plan, where applicable. The submittal shall be a copy of 

the official State regulation/ document signed, stamped, dated by the appropriate 

State official indicating that it is fully enforceable by the State. The effective date 

of the regulation/document shall, whenever possible, be indicated in the document 

itself.

Enclosed is a certification that Georgia’s current State Implementation Plan 

(SIP) contains the Section 110(a) elements of the Clean Air Act (CAA) that 

meet the requirements of the PM2.5 National Ambient Air Quality Standards 

(NAAQS) as determined in 2012.

5. Evidence that the State followed all of the procedural requirements of the State’s 

laws and Constitution in conducting and completing the adoption/issuance of the 

plan and compilation of public comments and the State’s response thereto.

Enclosed as evidence that Georgia followed the procedural requirements in 

adopting this plan is a Certificate of Public Hearing and a Responses to 

Comments Received on the Proposed 2012 PM2.5 Infrastructure SIP 
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document. These documents provide evidence that a public notice was 

issued, a public hearing was held, and that comments were addressed.

6. Evidence that public notice was given of the proposed change consistent with 

procedures approved by EPA, including the date of publication of such notice and

Certification that a public hearings was held in accordance with the information 

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

Enclosed is a copy of the Notice of Public Hearing and the Certificate of

Public Hearing. December 2015
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Technical Support for SIP Submittal dated: December 2015

PM2.5 Infrastructure SIP

1. Identification of all regulated pollutants affected by the plan.

The certification covers the PM2.5 National Ambient Air Quality Standard.

2. Identification of the locations of affected sources including the EPA 

attainment/non-attainment designation of the locations and the status of the 

attainment plan for the affected areas(s).

The Georgia Air Quality Act and Georgia Rules for Air Quality are applicable 

statewide. 

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

sources; estimates of changes in current actual emissions from affected sources 

or, where appropriate, quantification of changes in actual emissions from affected 

sources through calculations of the differences between certain baseline levels 

and allowable emissions anticipated as a result of the revision.

Not applicable.

4. The State’s demonstration that the national ambient air quality standards, 

prevention of significant deterioration increments, reasonable further progress 

demonstration, and visibility, as applicable, are protected if the plan is approved 

and implemented. For all requests to redesignate an area to attainment for a 

national primary ambient air quality standard, under section 107 of the Act, a 

revision must be submitted to provide for the maintenance of the national primary 

ambient air quality standards for at least 10 years as required by section 175A of 

the Act.

This submittal is a certification that that Georgia’s current State 

Implementation Plan (SIP) contains the Section 110(a) elements of the Clean 

Air Act (CAA) that meet the requirements of the PM2.5 National Ambient Air 

Quality Standards (NAAQS) as determined in 2012.

5. Modeling information required to support the proposed revision, including input 

data, output data, models used, justification of model selections, ambient 

monitoring data used, meteorological data used, justification for use of offsite data 

(where used), modes of models used, assumptions, and other information relevant 

to the determination of adequacy of the modeling analysis.

EPA’s “Air Quality Modeling Final Rule Technical Support Document” (June 

2011) was used as a support document.

6. Evidence, where necessary, that emission limitations are based on continuous 

emission reduction technology.

Not applicable.

7. Evidence that the plan contains emission limitations, work practice standards and 

recordkeeping/reporting requirements, where necessary, to ensure emission 
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levels.

Not applicable.

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

in practice.

Enforcement will be carried out as described in the Monitoring and 

Enforcement Section of the Air Planning Agreement.

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

policies, or an explanation of why such justifications are not necessary.

No special economic or technological justifications are required for this 

proposed SIP revision.

December 2015
1 of 1 November 10, 2015

DEPARTMENT OF NATURAL RESOURCES

ENVIRONMENTAL PROTECTION DIVISION

NOTICE OF PUBLIC HEARING AND PROPOSED CERTIFICATION 

REGARDING GEORGIA’S STATE IMPLEMENTATION PLAN

TO ALL INTERESTED PERSONS AND PARTIES:

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

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

proposes a certification regarding Georgia’s State Implementation Plan (SIP). The proposed 

certification is described below:

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

State Implementation Plan (SIP) contains the Section 110(a) elements of the Clean Air Act 

(CAA) that meets the requirements of the PM2.5 National Ambient Air Quality Standards 

(NAAQS) as finalized in 2012. 

This notice is being provided to all persons who have requested in writing that they be placed on 

a notification list. The proposed SIP certification may be viewed at 

https://epd.georgia.gov/air/documents/infrastructure-sip-2012-pm25-naaqs or during normal 

business hours of 8:00 a.m. to 4:30 p.m. at the Georgia Environmental Protection Division, Air 

Protection Branch, 4244 International Parkway, Suite 120, Atlanta, Georgia 30354. Copies may 

also be requested by contacting the Air Protection Branch at 404/363-7000.

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

certification, a public hearing will be held at 2:00 p.m. on December 11, 2015, 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 ensure their consideration in EPD's final submission of 

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

December 11, 2015. Written comments may be emailed to EPDComments@dnr.state.ga.us or 

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

Parkway, Suite 120, Atlanta, Georgia, 30354.

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

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

404/363-7000.




Responses to Comments Received on the Proposed 2012 PM2.5 Infrastructure SIP

On November 10, 2015, Georgia EPD issued a public notice requesting comments on

Georgia’s proposed 2012 PM2.5 Infrastructure SIP. No comments were received during 

the public hearing on December 11, 2015. Written comments were received from 

USEPA Region 4. USEPA Region 4’s comments and EPD’s responses are presented 

below.

Written Comments, USEPA Region 4 

Comment:

I. Key Comments:

• 110(a)(2)(D)(i): EPA cautions air agencies on the reliance of the Cross State Air 

Pollution Rule (CSAPR) to address their interstate transport obligations for the 

2012 PM2.5 standard. The analyses used to develop the CSAPR were based on 

parameters and emission inventory data specific to addressing downwind 

nonattainment and maintenance issues for the annual 1997 PM2.5 NAAQS and 

2006 24-hour PM2.5 NAAQS. Please note that any release of future interstate 

transport guidance may require the state to supplement their 2012 annual PM2.5 

interstate transport SIP.

EPD Response: Georgia EPD takes note of this caution and will update its SIP as 

necessary.

Comment: 

II. General Comments:

• The September 2013 infrastructure SIP Guidance states that any time the state 

is relying on any rule or statute not approved in the state’s federally-approved 

SIP, a copy of that rule or statute should be provided with the submission of the 

infrastructure SIP. Please include a Compact Disc and/or website links with your 

final submission containing the text of any statutes, state law, or state regulations 

not submitted for incorporation/not currently approved into the SIP referenced 

and relied upon in this infrastructure submission. These statutes, state laws, 

and/or state regulations are not being submitted for incorporation into the SIP, 

but as technical support for the infrastructure submission.

EPD Response: Georgia EPD is providing all referenced statutes, state laws, and state 

regulations in its final submittal.
Responses to Comments – Proposed 2012 PM2.5 Infrastructure SIP

2

Comment: 

II. General Comments:

• Please include a narrative (executive summary) for all elements demonstrating 

how the cited the SIP provisions, statutes, state law, or state regulations not 

submitted for incorporation/not currently approved into the SIP meet the 

respective requirements of section 110(a)(2) of the Clean Air Act.

EPD Response: Georgia EPD has added a clarification as requested.

Comment: 

II. General Comments:

• Section 110(a)(2)(C): Please specify the regulatory citations that govern the 

State’s SIP-approved major and minor source permitting program, including the 

SIP-approved minor new source review permitting program regulations, which 

covers compliance with 110(a)(2)(C).

EPD Response: Georgia EPD has added clarification as requested.

Comment: 

II. General Comments:

• Section 110(a)(2)(E)(ii): Georgia previously approved regulations into the SIP 

governing this sub-element. Please cite those regulations in this section.

EPD Response: Georgia EPD has added the citations as requested.

Comment: 

II. General Comments:

• 110(a)(2)(F)(i): Please certify that the provisions cited or the SIP excludes any 

provision that would prevent the use of any credible evidence of noncompliance.

EPD Response: Georgia EPD has added clarification as requested.
A Certification That

Georgia’s State Implementation Plan

Meets the Requirements of

Clean Air Act Section 110(a)(2) - Infrastructure 

Elements of the 2012 PM2.5

National Ambient Air Quality Standard

State of Georgia

Department of Natural Resources

Environmental Protection Division

Air Protection Branch

December 14, 2015
This page is intentionally left blank.
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1.0 Introduction

A revised NAAQS for fine particulate matter (PM2.5) was promulgated by EPA on 

December 14, 2012. This rule revised the annual PM2.5 NAAQS from 15.0 micrograms 

per cubic meter (g/m3) down to 12.0 g/m3.

States must certify that their State Implementation Plans (SIPs) for areas designated as 

nonattainment for any NAAQS address the elements required by 110(a) of the Clean Air 

Act. SIPs must provide for attainment of the NAAQS as expeditiously as practicable as 

described in section 110(a)(1)1of the Clean Air Act, but not later than five years from the 

date of nonattainment designation. States are also required to certify that all SIPs 

adopted and submitted to EPA contain “infrastructure” elements to address the 

requirements of section 110(a)(2) of the Clean Air Act within three years after the 

promulgation of a new or revised NAAQS. These “infrastructure elements” provide 

assurances of State resources and authorities, and establish the basic State programs, to 

implement, maintain, and enforce new or revised standards.

The basic infrastructure requirements of section 110(a)(2) are listed on the following 

pages. The elements of §110(a)(2) are listed below. 

 Enforceable Emission Limitations and Other Control Measures (§110(a)(2)(A))

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

(§110(a)(2)(B))

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

 Interstate Transport (§110(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)(I))

 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 (§110(a)(2)(M))

Most of these elements are addressed in the comprehensive §110(a)(2) SIP submitted by 

the state of Georgia in response to the CAA of 1970 and approved by U.S. EPA as noted 

in 40 CFR Parts 52 Subpart L. This submittal continues to affirm Georgia EPD’s 

commitment to comply with §110(a)(2) requirements and incorporated by reference into 

this submittal.

 

1

Section 110(a)(1) of the Clean Air Act requires States to submit a plan which provides for 

implementation, maintenance, and enforcement of any primary and secondary NAAQS.
3

The purpose of this document is to examine Georgia’s State Implementation Plan (SIP) 

and determine if all necessary implementation, maintenance, and enforcement measures 

for the 2012 PM2.5 National Ambient Air Quality Standard (NAAQS) are in place. 

2.0 Georgia’s Approach – Executive Summary

Section 110(a)(2) of the Clean Air Act Amendments of 1990 provides a detailed listing of 

various requirements for Georgia’s SIP regarding the NAAQS. Below, each 

subparagraph from (A) through (M) is broken down, with various provisions supporting 

the requirements.

The provisions are from two documents: The Georgia Air Quality Act O.C.G.A. and the 

Georgia Rules for Air Quality Control Chapter 391-3-1. The Georgia Air Quality Act, 

Article 1: Air Quality (O.C.G.A. 12-9, et. seq.) which provides the necessary legal 

authority under State law to adopt and implement the Georgia Rules for Air Quality 

Control in its entirety, is located at http://www.lexis-nexis.com/hottopics/gacode/

under Title 12, Chapter 9, Article 1. The Georgia Rules for Air Quality Control 391-3-1 

can be found on the website for the Georgia Secretary of State at 

http://rules.sos.ga.gov/gac/391-3-1. Additionally, EPA’s “Air Quality Modeling Final 

Rule Technical Support Document” (June 2011) was used as a support document to show 

that Georgia does not contribute significantly to nonattainment in, or interfere with 

maintenance by, any other state and is referenced in Appendix A.

______________________________________________________________________

§110(a)(2) of the Clean Air Act (Subparagraphs A-M)

EPA Requirements and Georgia’s Authority and Requirements

_______________________________________________________________________

(A) EPA Requirement – Enforceable Emission Limitations and Other Control 

Measures [§110(a)(2)(A)]:

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’s Authority for [§110(a)(2)(A)]:

 Georgia Rules for Air Quality 391-3-1-.01 – “Definitions. Amended”’

 Georgia Rules for Air Quality 391-3-1-.02 – “Provisions. Amended”; and

 Georgia Rules for Air Quality 391-3-1-.03 – “Permits. Amended”.

________________________________________________________________________
4

(B) EPA Requirement – Air Quality Monitoring, Compilation, Data Analysis, 

and Reporting [§110(a)(2)(B)]:

Provide for establishment and operation of devices, methods, systems, and 

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

(ii) make such data available to EPA.

Georgia’s Authority for [§110(a)(2)(B)]:

As early as 1957, the state of Georgia has monitored air pollutants. Prior to the 

CAA of 1970, the state health department conducted air monitoring. In the early 

1970’s the Georgia EPD assumed responsibilities for ambient air monitoring to 

facilitate the identification and control of air contaminants in Georgia. Georgia 

currently collects ambient air quality monitoring data from a network of monitors 

located throughout the State sited and operated in accordance with 40 CFR 50 and 

40 CFR 58. 

Georgia EPD produces an annual ambient monitoring network plan and periodic 

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

ambient monitoring network plan is two-fold. First, the plan confirms that the 

network continues to meet the State and Local Air Monitoring Stations (SLAMS) 

criteria established by federal regulations, and that the information in the state and 

federal monitoring records properly classify each monitoring station. Second, the 

plan serves as a directory of existing State and Local Air Monitoring Stations 

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

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

Trends Station (NATTS), Special Purpose Monitoring (SPM), Georgia Air Toxics 

Network, Acid Rain sites, and the meteorological parameters performed at each 

location. Georgia’s previous ambient monitoring network was approved with one 

exception2, which does not involve the PM2.5 monitoring network. Georgia EPD 

submitted the 2016 Ambient Monitoring Plan to EPA on July 1, 2015 and is 

awaiting EPA’s approval.

 Georgia’s authority to monitor ambient air quality is found in Georgia Air 

Quality Article 1: Air Quality O.C.G.A. Section 12-9-6(b)(13).

 The Air Planning Agreement (APA) between EPA and the State of 

Georgia documents and affirms the obligation to operate an ambient 

monitoring network that complies with applicable federal regulation(s).

 No specific statutory or regulatory authority is necessary to authorize data 

analysis or the submission of such data to EPA. Federal grant 

requirements establish the obligation to provide data to EPA.

 

2 On November 7, 2014, EPA approved Georgia EPD’s Network Plan with the exception of the provision 

to establish a second near-road nitrogen dioxide (NO2) site in the Atlanta core based statistical area 

(CBSA). 
5

 Georgia has and will continue to submit data to EPA’s Air Quality 

System.

________________________________________________________________________

(C) EPA Requirement – Enforcement and Stationary Source Permits

[§110(a)(2)(C)]:

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’s Authority for Enforcement and Stationary Source Permitting 

[§110(a)(2)(C)]: 

The regulatory citations that govern the State’s SIP-approved minor source 

permitting program are listed below. Georgia has a SIP-approved minor new 

source review permitting program that covers compliance with 110(a)(2)(C) for 

all relevant NAAQS infrastructure SIP submissions (i.e. all NAAQS).

The regulatory citation for Georgia’s minor new source review permitting 

program is Georgia Air Quality Control Rules 391-3-1-.03(1), “Construction 

(SIP) Permit”.

A federal register notice was published on August 30, 1995 listed “Approval and 

Promulgation of Implementation Plans Georgia: Approval of revisions to Minor 

Source Permit Regulations”.

On August 30, 1995 EPA approved the revisions to minor source permit rules 

submitted by GAEPD on March 15, 1995, (i) Incorporation by reference. 

Revised Rule 391-3-1-.03, “permits”, sections (1), (2) and (12) was effective 

August 17, 1994. 

All rules pertaining to enforcement and permitting are listed below.

Georgia’s Authority for Enforcement [§110(a)(2)(C)]: Georgia EPD’s 

Enforcement Program covers mobile and stationary sources, consumer products, 

and fuels. 

 Georgia’s enforcement authority is found in Georgia Air Quality Article 1: 

Air Quality O.C.G.A. Section 12-9-13.

 The Air Planning Agreement between EPA and the State of Georgia.
6

 Georgia Rule 391-3-1-.07 – “Inspections and Investigations. Amended”

 Georgia Rule 391-3-1-.09 – “Enforcement. Amended”

Georgia’s Authority for Stationary Source Permitting [§110(a)(2)(C)]: 

 Georgia Air Quality Article 1: Air Quality O.C.G.A. Section 12-9-7.

 Georgia Rules for Air Quality 391-3-1-.02. - “Provisions. Amended” 

including: PSD requirements under Georgia Rules for Air Quality 391-3-

1-.02(7).

 Georgia Rules for Air Quality 391-3-1-.03. – “Permits. Amended” 

including: Construction Permit under Georgia Rules for Air Quality 391-

3-1-.03(1).

 Georgia Rules for Air Quality 391-3-1-.03. – “Permits. Amended” 

including: Operating Permit under Georgia Rules for Air Quality 391-3-1-

.03(2).

 Georgia Rules for Air Quality 391-3-1-.03. – “Permits. Amended” 

including: New Source Review requirements under Georgia Rules for Air 

Quality 391-3-1-.03(8)(c) and (g).

 Georgia Rules for Air Quality 391-3-1-.03. – “Permits. Amended” 

including: Generic Permit under Georgia Rules for Air Quality 391-3-1-

.03(12).

________________________________________________________________________

(D) EPA Requirement – Interstate Transport [§110(a)(2)(D)(i)(I)]:

(i) Contain adequate provisions prohibiting any source or other type of 

emissions activity from emitting any air pollutant in amounts which will:

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

maintenance by, any other State with respect to any such national 

primary or secondary ambient air quality standard.

Georgia’s Authority for [§110(a)(2)(D)(i)(I)]:

 Georgia Air Quality Act 12-9-5(b)(10) states: 

(b) In the performance of its duties, the Board of Natural Resources shall 

have an may exercise the power to:
7

(1) Establish, review, or modify emission limitations, emission control 

standards, or control measures for stationary sources or facilities in areas of 

the state where such sources or facilities significantly contribute to 

nonattainment of an ambient air quality standard or significantly contribute to 

a significant deterioration of air quality in the state, an area of the state, or 

another state; provided, however, that no requirement under this paragraph 

shall be less stringent than the requirements for such source or facility under 

this article and the rules and regulations promulgated pursuant to this article;

 Permitting requirements under Georgia Rule 391-3-1-.03 and 

Nonattainment New Source Review regulations under Georgia Rule 391-

3-1-.03(8), specifically:

- Georgia Rules for Air Quality 391-3-1-.02. - “Provisions. Amended” 

including: PSD requirements under Georgia Rules for Air Quality 

391-3-1-.02(7).

- Georgia Rules for Air Quality 391-3-1-.03. – “Permits. Amended” 

including: Construction Permit under Georgia Rules for Air Quality 

391-3-1-.03(1).

- Georgia Rules for Air Quality 391-3-1-.03. – “Permits. Amended” 

including: Operating Permit under Georgia Rules for Air Quality 391-

3-1-.03(2).

- Georgia Rules for Air Quality 391-3-1-.03. – “Permits. Amended” 

including: New Source Review requirements under Georgia Rules for 

Air Quality 391-3-1-.03(8)(c) and (g).

- Georgia Rules for Air Quality 391-3-1-.03. – “Permits. Amended” 

including: Generic Permit under Georgia Rules for Air Quality 391-3-

1-.03(12).

 Georgia does not contribute significantly to nonattainment in, or interfere 

with maintenance by, any other State with respect to the 2012 annual 

PM2.5 NAAQS. This is confirmed by the technical demonstration 

included in Appendix A.

EPA Requirement – Transport and Visibility [§110(a)(2)(D)(i)(II)]:

(i) Contain adequate provisions prohibiting any source or other type of 

emissions activity from emitting any air pollutant in amounts which will:

(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.
8

Georgia’s Authority for [§110(a)(2)(D)(i)(II)]:

 Major sources in Georgia are currently subject to Prevention of Significant 

Deterioration (PSD) and Nonattainment New Source Review (NNSR) 

permitting programs. Georgia Rule 391-3-1-.02(7) implements PSD 

requirements. 

 Georgia is required to develop and implement a Regional Haze State 

Implementation Plan to protect visibility. Georgia submitted a Regional 

Haze SIP on February 11, 2010.3

EPA Requirement - Interstate and International Pollution Abatement 

[§110(a)(2)(D)(ii)]:

(ii) Insure compliance with the applicable requirements of sections 126 and 

115 of the Clean Air Act (interstate and international pollution abatement).

Georgia’s Authority for [§110(a)(2)(D)(ii)]:

 Georgia Air Quality Article 1: Air Quality O.C.G.A. Section 12-9-1, et 

seq.

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

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

including:

- Permitting requirements under Georgia Rule 391-3-1-.03 and 

Nonattainment New Source Review regulations under Georgia 

Rule 391-3-1-.03(8), specifically:

- Georgia Rules for Air Quality 391-3-1-.02. - “Provisions. 

Amended” including: PSD requirements under Georgia Rules 

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

- Georgia Rules for Air Quality 391-3-1-.03. – “Permits. 

Amended” including: Construction Permit under Georgia Rules 

for Air Quality 391-3-1-.03(1).

- Georgia Rules for Air Quality 391-3-1-.03. – “Permits. 

Amended” including: Operating Permit under Georgia Rules 

for Air Quality 391-3-1-.03(2).

 

3 On June 28, 2012, EPA finalized a limited approval of a revision to the Georgia SIP submitted by the 

State of Georgia through GA EPD on February 11, 2010, as supplemented November 19, 2010. 
9

- Georgia Rules for Air Quality 391-3-1-.03. – “Permits. 

Amended” including: New Source Review requirements under 

Georgia Rules for Air Quality 391-3-1-.03(8)(c) and (g).

- Georgia Rules for Air Quality 391-3-1-.03. – “Permits. 

Amended” including: Generic Permit under Georgia Rules for 

Air Quality 391-3-1-.03(12).

 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.

________________________________________________________________________

(E) EPA Requirement – Resources, Conflict of Interest, and Emergency 

Backstop

EPA Requirement - Resources [§110(a)(2)(E)(i)]:

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).

Georgia’s Authority for [§110(a)(2)(E)(i)]:

 Georgia’s adequate funding and authority under state law is found in

Georgia Air Quality Act Article 1: Air Quality O.C.G.A. 12-9-10, and 

Georgia Rule for Air Quality 391-3-1-.03(9) [Georgia Air Permit Fee 

System].

EPA Requirement – Conflict of Interest [§110(a)(2)(E)(ii)]:

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

boards under section 128 of the Clean Air Act.

Georgia’s Authority for [§110(a)(2)(E)(ii)]:

 Georgia’s authority is found in Georgia Air Quality Article 1: Air Quality 

O.C.G.A. Section 12-9-5(a) and has been incorporated into Georgia’s 

federally approved SIP.
10

EPA Requirement – Emergency Backstop [§110(a)(2)(E)(iii)]:

(iii) Necessary assurance 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 of 

implementation of such plan provision.

Georgia’s Authority for [§110(a)(2)(E)(iii)]:

 Georgia does not rely on localities for specific SIP implementation.

 Georgia’s local consultation requirement and authority found in the 

Georgia Air Quality Act Article 1: Air Quality O.C.G.A. Section 12-9-

5(b)(17).

______________________________________________________________________

(F) EPA Requirement – Stationary Source Emissions Monitoring and Reporting

[§110(a)(2)(F)]:

Require, as may be prescribed by the Administrator:

(i) installation, maintenance, and replacement of equipment, and 

implementation of other necessary steps, by owners or operators of 

stationary sources to monitor emissions.

(ii) Periodic reports on the nature and amounts of emissions and emissionsrelated data.

(iii) Correlation of such reports by the State agency with any emission 

limitations or standards established pursuant to CAA, which reports shall 

be available at reasonable times for public inspection.

Georgia’s Authority for [§110(a)(2)(F)]:

 The Georgia Air Quality Act: Article 1: Air Quality O.C.G.A. Section 

12-9-5(b)(6).

 Georgia Rule for Air Quality 391-3-1-.02(3) – “Sampling”.

 Georgia Rule for Air Quality 391-3-1-.02(6) – “Source Monitoring”.

 Georgia Rule for Air Quality 391-3-1-.02(11) – “Compliance Assurance 

Monitoring.”

 Georgia Rule for Air Quality 391-3-1-.03 – “Permits. Amended”.
11

Georgia EPD has no provisions nor does the SIP exclude any provision that would 

prevent the use of any credible evidence of noncompliance.

______________________________________________________________________

(G) EPA Requirement – Emergency Powers and Contingency Plans

[§110(a)(2)(G)]:

Provide for authority comparable to that in §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 causing or contributing to injury to 

public or welfare. U.S. EPA is authorized to either bring a lawsuit in federal court 

or, if such civil action cannot assure prompt protection of public health or welfare, 

to issue such orders as may be necessary to protect public health or welfare or the 

environment. 

The requirement for states to provide adequate contingency plans to implement 

such authority is intended to establish emergency episode plans for responding to 

elevated pollutant levels in urban areas. Emergency episode plans are required in 

areas that record ambient pollutant concentrations in excess of threshold levels 

specified in 40 CFR Part 51.150.

Background: Section 303 of the CAA authorizes the Administrator to take 

certain emergency actions if pollution levels in an area constitute “an imminent 

and substantial endangerment to public health or welfare, or the environment.” 

Section 110(a)(2)(G) of the CAA requires that SIPs must provide for the authority 

comparable to that in section 303, and must include adequate contingency plans to 

implement such authority. Pursuant to these provisions, EPA promulgated 40 

CFR 51.16 (36 FR 24002, November 21, 1971), which established “significant 

harm levels” for five criteria pollutants – SO2, inhalable particulate matter (PM10), 

NO2, CO, and ozone. Part 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 SO2, PM10, NO2, CO, and ozone is based on a 

priority classification scheme under 40 CFR Part 51 Subpart H. EPA has not yet 

proposed a PM2.5 classification scheme under 40 CFR Part 51 subparts H and/or 

L.

Georgia’s Authority for [§110(a)(2)(G)]:

 The Georgia Air Quality Act: Article I: Air Quality O.C.G.A. Section 12-

9-6, 12-9-13, 12-9-14, and 12-9-16.

 Georgia Rule for Air Quality 391-3-1-.04 – “Air Pollution Episodes.”
12

 January 1972 SIP: “Implementation Plan for Attainment of State and 

National Ambient Air Standards” – Air Quality Control Branch, Georgia 

Department of Public Health (primary pages are 169-266).

_____________________________________________________________________

(H) EPA Requirement – SIP Revisions for Revised Air Quality Standards or New 

Attainment Methods [§110(a)(2)(H)]:

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.

(ii) except as provided in (3)(C), whenever EPA 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 CAA requirements.

Georgia’s Authority for [§110(a)(2)(H)]:

 The Georgia Air Quality Act: Article I: Air Quality O.C.G.A. Section 12-

9-6(b)(12), and 12-9-6(b)(13).

 The Air Planning Agreement between EPA and the State of Georgia.

 Georgia EPD commits to submit SIP revisions whenever revised air 

quality standards are promulgated by U.S. EPA.

____________________________________________________________________

(I) EPA Requirement – SIP Revisions for New Nonattainment Areas

[§110(a)(2)(I)]:

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). 

States are to submit SIP revisions for newly designated nonattainment areas to 

meet the requirements of Part D – Plan Requirements for Nonattainment Areas 

under Clean Air Act Title I – Air Pollution Prevention and Control. Part D of the 

Clean Air Act specifies both general requirements for all SIPs and specific 

requirements for different criteria pollutants.

Georgia’s Authority for [§110(a)(2)(I)]:

 The Georgia Air Quality Act: Article I: Air Quality O.C.G.A. Section 12-

9 -1, et. Seq.)
13

 Georgia Rule for Air Quality 391-3-1-.02 – “Provisions. Amended”

 Georgia Rule for Air Quality 391-3-1-.03 – “Permits. Amended”

 Georgia EPD commits to submit SIP revisions whenever areas of the state 

are newly designated nonattainment for any federal ambient air quality 

standard. Note that no area of the state has been designated nonattainment 

for the 2012 annual PM2.5 National Ambient Air Quality Standard.

___________________________________________________________________

(J) EPA Requirement – Consultation and Public Notification [§110(a)(2)(J)]:

EPA Requirement – Consultation [§110(a)(2)(J)§121]:

Meet applicable requirements of §121 (consultation). Section 121 requires that 

states provide a satisfactory process of consultation with general purpose local 

governments, designated organizations of elected officials of local governments, 

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

Georgia’s Authority for [§110(a)(2)(J)§121]:

 The Georgia Air Quality Act: Article I: Air Quality O.C.G.A. Section 12-

9-5 (b)(17). Section 12-9-5(b)(17) of the Georgia Air Quality Act 

specifically 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.”

 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.

 Transportation Conformity SIP Revision dated April 7, 2000 and approved 

in 65 FR 18245. This SIP takes the form of a Memorandum of Agreement 

(MOA) between the agencies involved including but not limited to the 

Atlanta Regional Commission, Georgia Department of Transportation, the 

Metropolitan Atlanta Rapid Transit Authority, and Georgia EPD. 

 Georgia EPD commits to maintaining a process of consultation with 

parties designated under Section 121.
14

EPA Requirement - Public Notification [§110(a)(2)(J)§127]:

Meet applicable requirements of §127 (public notification). 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.

Georgia’s Requirements for [§110(a)(2)(J)§127]:

 Georgia EPD forecasts daily ozone and particle levels and issues e-mails 

to the public, businesses and the media.

 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, air quality calendars display past air quality information and 

dynamic graphs provide summaries of unhealthy air quality experienced 

throughout the region. This feature of the web site allows the public to 

monitor long-term air quality and see how one year compares to previous 

years.

 Georgia EPD commits to maintaining a public information and education 

program that satisfies the requirements of Section 127.

EPA Requirement – PSD and Visibility Protection [§110(a)(2)(J)Part C]:

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

Georgia’s Authority for [§110(a)(2)(J)Part C]:

 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”.

___________________________________________________________________

(K) EPA Requirement – Air Quality Modeling and Reporting [§110(a)(2)(K)]:

EPA Requirement – Air Quality Modeling [§110(a)(2)(K)(i)]:
15

(i) Provide for performance of air quality modeling as EPA may prescribe for 

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

emissions of any air pollutant for which EPA has established a NAAQS.

Georgia’s Authority for [§110(a)(2)(K)(i)]:

 The Georgia Air Quality Act: Article I: Air Quality O.C.G.A. Section 12-

9-6(b)(13).

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

to implementing the 2012 PM2.5 NAAQS will be source-oriented 

dispersion modeling with models such as AERMOD. EPD currently has 

personnel with training and experience to conduct source-oriented 

dispersion modeling with models such as AERMOD. 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.

EPA Requirement – Air Quality Reporting [§110(a)(2)(K)(ii)]:

(ii) Provide for the submission, upon request, of data related to such air 

quality modeling to EPA.

Georgia’s Authority for [§110(a)(2)(K)(ii)]:

 The Georgia Air Quality Act: Article I: Air Quality O.C.G.A. Section 12-

9-6(b)(13).

 Air quality modeling data is submitted as part of Georgia’s relevant SIP 

submissions and through federal grant commitments.

___________________________________________________________________

(L) EPA Requirement – Major Stationary Source Permitting Fees

[§110(a)(2)(L)]:

Require owner of a major stationary source to pay, as a condition of any permit 

required under CAA, a fee sufficient to cover: 

(i) reasonable cost of reviewing and acting upon any permit application, and

(ii) if the owner receives a permit, the reasonable costs of implementing and 

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

or costs associated with enforcement), until fee requirement is superseded 

by EPA approval of a Title V fee program.
16

Georgia’s Authority for [§110(a)(2)(L)]:

 Georgia Rule for Air Quality 391-3-1-.03(9) – “Permit Fees.” This rule 

incorporates the EPA approved Title V fee program.

 Georgia’s PSD and NNSR permitting programs are funded with Title V 

fees.

 Georgia’s authority is found in Georgia Air Quality Act Article 1: Air 

Quality (O.C.G.A. 12-9-10)

 Title V operating program fees cover the reasonable cost of 

implementation and enforcement of PSD and NNSR permits after they 

have been issued.

_____________________________________________________________

(M) EPA Requirement – Consultation with Local Entities [§110(a)(2)(M)]:

Provide for consultation and participation by local political subdivisions affected 

by the plan.

Georgia’s Authority for [§110(a)(2)(M)]:

Georgia EPD is responsible for developing, implementing, and enforcing 

Georgia’s state air quality program; therefore there is no local jurisdiction with 

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

purpose of defining the transportation conformity consultation procedures in the 

Metropolitan Planning Organizations (MPOs), EPA approved State Rule 391-3-1-

.15 – “Transportation Conformity” on June 6, 2012 [77 FR 35866] to incorporate 

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

Transportation Conformity Manual that specifically defines the consultation 

procedures and those organizations subject to the consultation requirements.

 The Georgia Air Quality Act: Article I: Air Quality O.C.G.A. Section 12-

9-5(b)(17).

 Transportation Conformity SIP Revision dated April 7, 2000 and approved 

in 65 FR 18245. This SIP takes the form of a Memorandum of Agreement 

(MOA) between the agencies involved including but not limited to the 

Atlanta Regional Commission, Georgia Department of Transportation, the 

Metropolitan Atlanta Rapid Transit Authority, and Georgia EPD.
17

Appendix A

Georgia’s Contribute to Downwind Nonattainment Areas

Currently, there are five counties in the Eastern U.S. that are designated nonattainment 

for the 2012 annual PM2.5 NAAQS – three counties in Pennsylvania (Delaware, Lebanon,

and Allegheny) and two counties in Cleveland, Ohio (Cuyahoga and Lorain). Past air 

quality modeling and contribution assessments used for EPA’s Cross-State Air Pollution 

Rule (CSAPR) were utilized to assess Georgia’s contributions to areas currently 

designated nonattainment for the 2012 annual PM2.5 NAAQS.

The modeling used in this analysis is documented in EPA’s “Air Quality Modeling Final 

Rule Technical Support Document” (June 2011). EPA used the Comprehensive Air 

Quality Model with Extension5 (CAMx) version 5.3 to simulate ozone and PM2.5

concentrations for the 2005 base year and the 2012 and 2014 future year scenarios. 

CAMx was also used for the 2012 source apportionment modeling to quantify interstate 

transport of ozone and PM2.5. The CAMx model domain includes the Eastern U.S. using 

a horizontal grid resolution of 12 x 12 km. As part of the CSAPR analysis, EPA used 1% 

of the NAAQS level to define the threshold for “significant contribution”. Applying this 

same approach to the 2012 annual PM2.5 NAAQS results in a “significant contribution” 

threshold of 0.12 g/m3. 

EPA’s Excel spreadsheet located at http://www3.epa.gov/airtransport/CSAPR/techinfo.html

“CSAPR_Ozone and PM2.5_Contributions.xls”, contains Georgia’s contributions to 

annual PM2.5 concentrations at monitors across the Eastern U.S. Table A-1 contains 

Georgia’s contributions to annual PM2.5 concentrations at monitors in Pennsylvania and 

Ohio that have a 2012-2014 design value above the annual PM2.5 NAAQS. Georgia’s 

contribution is less than 1% of the 2012 PM2.5 NAAQS (0.12 g/m3) at all these monitors 

and therefore does not contribute significantly to nonattainment in, or interfere with 

maintenance by, any other State. No contribution modeling was available for the 

Lebanon monitor, but Lebanon (PA) is located near Delaware (PA) making it reasonable 

to assume that Delaware’s contribution is representative of Lebanon’s contribution.

Table A-1. Georgia’s contribution to annual PM2.5 concentrations at monitors in 

Pennsylvania and Ohio.

State County Site Id

2012-2014 

Annual Design 

Value (μg/m3)

Georgia’s Contribution to 

PM2.5 nonattainment 

(μg/m3)

Pennsylvania Allegheny 42-003-0064 13.0 0.077

Pennsylvania Delaware 42-045-0002 12.3 0.071

Pennsylvania Lebanon 42-075-0100 12.7 0.071a

Ohio Cuyahoga 39-035-0038 12.3 0.079

Ohio Cuyahoga 39-035-0060 12.4 0.081

aNote: Lebanon’s contribution was not available and is represented by Delaware’s contribution.