SIP CHECKLISTS ADMINISTRATIVE & TECHNICAL PAGE 1 of 4

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 eviden ce 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 PM**  **2.5 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 impl ement 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 s ubmittal 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 i ndicated 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 Sta ndar**  **ds (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**SIP CHECKLISTS ADMINISTRATIVE & TECHNICAL PAGE 2 of 4

**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 o f such notice and Certification that a public hearings w as held in accordance with the information provided in the public notice and the State's laws and constitution, if applicable. **Enclosed is a**  **cop y**  **of the Notice of Public Hearing and the Certificate of Public Hearing.**  **December 2015** SIP CHECKLISTS ADMINISTRATIVE & TECHNICAL PAGE 3 of 4

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 PM**  **2.5 National Ambient Air Quality Standar**  **d.**

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 Quali**  **ty 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 emissi ons 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 pri mary 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 PM**  **2.5 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 ens ure emissionSIP CHECKLISTS ADMINISTRATIVE & TECHNICAL PAGE 4 of 4

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** 

**.**

De cember 2 01 51 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 auth ority 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 i s described below:

T he 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 PM 2 .5 National Ambient Air Qua lity Standards (NAAQS) as finalized in 201 2

. 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, 424 4 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 : 0 0 p.m. on December 11

, 201 5
, 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.

W ritten comments are welcomed. T o e nsure 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

, 201 5 . 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 autho rity 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 PM 2.5 Infrastructure SIP

On November 10, 2015

, Georgia EPD issued a public notice requesting comments on Georgia’s proposed 2012 PM 2.5 Infrastructure SIP

. No comments were received during the public he aring 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 age ncies on the reliance of the Cross State Air Pollution Rule (CSAPR) to address their interstate transport obligations for the 2012 PM 2.5 standard. The analyses used to develop the CSAPR were based on parameters and emission inventory data specific to addre ssing downwind nonattainment and maintenance issues for the annual 1997 PM 2.5 NAAQS and 2006 24

- hour PM 2.5 NAAQS. Please note that any release of future interstate transport guidance may require the state to supp lement their 2012 annual PM 2.5 interstate tr ansport 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 st atutes, 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 incor poration into the SIP, but as technical support for the infrastructure submission.

EPD Response: Georgia EPD is providing all referenced statutes, state law s , and state regulations in its final submittal.Response s to Comments

– Proposed 2012 PM2.5 Infrastructure SIP

2 Comment:

II. General Comments:

• Please inc lude 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 so urce 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 Comment s:

• 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 t he Requirements of Clean Air Act Section 110(a)(2)

- Infrastructure

Elements of the 20 12 PM 2.5 

## National Ambient Air Quality Standard

State of Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch

December 14 , 20 15This page is intentionally left blank.2



### 1.0 Introduction A revised NAAQS for fine particulate matter (PM 2.5 ) was promulgated by EPA on December 14, 2012 . This rule revised the annual PM 2.5 NAAQS from 15 .0 micrograms per cubic meter (  g/m 3 ) down to 12 .0  g/m 3

. 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) 1 of the Clean Air Act , but not later than five years from the date of nonattainment designat ion. 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 Sta tionary 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 Pla ns (§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 197 0 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 e nforcement of any primary and secondary NAAQS.3

The purpose of this document is to exa mine Georgia’s State Implementation Plan (SIP) and determine if all necessary implementation, maintenance, and e nforcement measures for the 2012 PM 2.5 National Ambient Air Quality Standard (NAAQS) are in place.



### 2.0 Georgia’s Approach

– Executive Summar y

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 re quirements.

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 necess ary 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, Ch apter 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 Quali ty 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 main tenance 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 Requir ement

– Enforceable Emission L imitations and Other C ontrol M easures [ §110(a)(2)(A)]:

Include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, a nd 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. A mended”; 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 ann ual 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 Ai r 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 A ir 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 exception 2

, which does not involve the PM 2.5 monitoring network. Georgia EPD submitted the 2016 Ambient Mo nitoring 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 a nd 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 submiss ion 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 (NO 2 ) 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) E PA 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

- approv ed 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 cit ation 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, “permit s”, 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 sour ces, 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

– “Inspection s 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 Rul es for Air Quality 391

- 3

- 1

- .03(2 ).

 Georgia Rules for Air Quality 391

- 3

- 1

- .03.

– “Permits. Amended” including: New Source Review req uirements 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(1 2 ).

______________________________________ __________________________________ (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) co ntribute 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 source s 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 req uirements under Georgia Rule 391

- 3

- 1

- .03 and Nonattainment New Source Review regulations un der 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 Rul es 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(1 2 ).

 Georgia does not contribute significantly to nonattainment in, or interfere with maintenance by, any other State with respec t to the 2012 annual PM 2.5 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 emissio ns 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 protec t 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 ) imp lements PSD requirements

.

 Georgia is required to develop and implement a Regional Haze State Implementation Plan to protect visibility. Georgia submitted a Regional Haze SIP o n February 11, 2010. 3

EPA Requirement

- I nterstate and International Pollutio n A batement [ §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 Ar ticle 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 R ule 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 Ru le 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).

- Geor gia 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 Rul e s 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.

– “Perm its. Amended” including: Generic Permit under Georgia Rules for Air Quality 391

- 3

- 1

- .03(1 2 ).

 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)] :

 G eorgia’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)(i ii )] :

(iii) Necessary assurance that, where the State has relied on a local or regional
gover nment, 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)(i ii )] :

 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 own ers or operators of stationary sources to monitor emissions.

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

related data.

(iii) Correlation of such reports by the State agency with any emission limitations or standards establi shed pursuant to CAA, which reports shall be available at reasonable times for public inspection.

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

 The Geo rgia 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 Contingen cy 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 welfa re 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 are a 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 conting ency 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

– SO 2 , inhalable particulate matter (PM 10 ), NO 2 , 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 SO 2 , PM 10 , NO 2 , CO, and ozone is based on a priority classification scheme under 40 CFR Part 51 Subpart H. EPA has not yet proposed a PM 2.5 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 Heal th (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), when ever 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 Georgi a 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 promulg ated 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 T itle 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 PM 2.5 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 pro vide 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 [§11 0(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 an d 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 (MO A) 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 consu ltation 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 n otify 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 measur es that can be taken to prevent such standards from being exceeded.

Georgia’s Requirement s 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 forec asts 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 cal endars 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 p revious
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 (P SD 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 presc ribe 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. S ection 12

- 9

- 6(b)(13).

 The predominant type of air quality modeling to be conducted with respect to implementing the 2012 PM 2.5 NAAQS will be source

- oriented dispersion modeling with models such as AERMOD. EPD currently has personnel with training and exp erience 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 Qual ity 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

– Maj o r 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 u pon 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 f ee 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.

 Ge orgia’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 def

ining the transportation conformity consultation procedures in the Metropolitan Planning Orga nizations (MPOs), EPA approved State Rule 391

- 3

- 1

- .15

– “Transportation Conformity” on June 6, 2012 [77 FR 35866] to incorporate the current transportation conform ity 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 Regio nal 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 desig nated nonattainment for the 2012 annual PM 2.5 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 PM 2.5 NAAQS.

The modeling used in this analysis is documented in EPA’s “Air Quality Modeling Final Rule Techni cal Support Document” (June 2011). EPA used the Comprehensive Air Quality Model with Extension5 (CAMx) version 5.3 to simulate ozone and PM 2.5 concentrations for the 2005 base year and the 2012 and 2014 future year scenarios. CAMx was also used for the 2 012 source apportionment modeling to quantify interstate transport of ozone and PM 2.5 . 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 defi ne the threshold for “significant contribution”. Applying this same approach to the 2012 annual PM 2.5 NAAQS results in a “significant contribution” threshold of 0.12  g/m 3

. 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 PM 2 .5 concentrations at monitors across the E astern U.S. Table A

- 1 contains Georgia’s contributions to annual PM 2.5 concentrations at monitors in Pennsylvania and Ohio that have a 2012

- 2014 design value above the annual PM2.5 NAAQS

. Georgia ’s contribution i s less than 1% of the 2012 PM 2.5 NAAQS (0.12  g/m 3 ) 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 c ontribution to annual PM 2.5 concentrations at monitors in Pennsylvania and Ohio

.

State County Site Id 2012

- 2014 Annual Des ign Value (μg/m 3 ) Georgia’s Contribution to

PM 2.5 nonattainment (μg/m 3 ) 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 0.071 a Ohio Cuyahoga 39

- 035

- 0038 12.3 0.079 Ohio C uyahoga 39

- 035

- 0060 12.4 0.081

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