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Rule (aaa) “Consumer and Commercial Products,” is amended to read as follows:

(aaa) Consumer and Commercial Products.[reserved]

1. This subsection is applicable to any person who supplies or sells consumer and commercial 

products limited by this subsection within Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, 

Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, or Rockdale counties.

2. No person shall, after January 1, 1996, within the counties listed in paragraph 1., supply, 

offer for sell, or sell any automobile windshield washer fluids which contain VOC’s as an active 

ingredient, or solvent in a concentration greater than 8.0% by weight.

3. Administrative Requirements.

(i) Each container of any fluid subject to this subsection shall display the maximum VOC 

content of the fluids as a percent by weight. The VOC content displayed may be calculated 

using product formulation data, or may be determined using the test method specified in Section 

(3) “Sampling”.

4. The requirements of this subsection do not apply to automobile windshield washer fluids 

manufactured for use outside of the counties listed in paragraph 1. or for shipment to other 

manufacturers for repackaging where the seller can provide documentation that the product is to 

be subsequently marketed outside of these counties or for supply in new vehicles for original 

sale.

Rule (bbb) “Gasoline Marketing,” is amended to read as follows:

(bbb) Gasoline Marketing.[reserved]

1. General Requirements.

(i) No person may produce, store, transport, supply, offer to supply, transfer or otherwise 

handle, sell, offer for sale, or dispense gasoline that does not meet the limits specified in this 

subsection when tested in accordance with the test methods specified in this subsection, unless 

the gasoline is segregated and clearly documented as not for sale or supply to an ultimate 

consumer in the following 25-counties: Barrow, Bartow, Butts, Carroll, Cherokee, Clayton, 

Cobb, Coweta, Dawson, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Haralson, 

Henry, Jackson, Newton, Paulding, Pickens, Rockdale, Spalding, and Walton.

(ii) Gasoline which meets the limits specified in this subsection shall also be segregated and 

clearly documented as such.

(iii) Effective April 1, 2003, the above requirements shall apply within an expanded area which 

includes the following additional 20 counties: Banks, Chattooga, Clarke, Floyd, Gordon, Heard, 

Jasper, Jones, Lamar, Lumpkin, Madison, Meriwether, Monroe, Morgan, Oconee, Pike, Polk, 

Putnam, Troup, and Upson.
Chapter 391-3-1 Rules for Air Quality Control

 

2. Reid Vapor Pressure.

(i) Effective June 1, 1999, during the period from June 1 to September 15 of any calendar year, 

the Reid vapor pressure of the gasoline shall not exceed 7.0 psi. The Reid vapor pressure of 

gasoline sampled from any downstream location shall not exceed 7.3 psi.

(ii) An ethanol blend is considered in compliance if its measured Reid vapor pressure does not 

exceed 8.0 psi. This waiver is subject to the following conditions:

(I) Gasoline must contain denatured, anhydrous ethanol. The concentration of ethanol, 

excluding the required denaturing agent, must be at least 9 percent and no more than 10 

percent (by volume) of the gasoline.

(II) Each invoice, loading ticket, bill of lading, delivery ticket and any other document that 

accompanies a shipment of gasoline containing ethanol shall contain a legible and conspicuous 

statement that the gasoline being shipped contains ethanol and the percentage concentration of 

ethanol.

3. Sulfur Content.

(i) Effective April 1, 1999 and subsequent years through March 31, 2003, the sulfur content of 

all gasoline supplied by each producer or importer to comply with the Reid vapor pressure limits 

specified in paragraph 2 and designated for the counties listed in subparagraph 1.(i) shall not 

exceed a seasonal average of 150 ppm (by weight) and, effective April 1, 2001, a per-gallon cap 

of 500 ppm (by weight). For the control period within any individual calendar year, the sulfur 

content shall be averaged on a volume-weighted basis over the pool of gasoline supplied by the 

producer or importer in accordance with this subsection. The sulfur content of gasoline sampled 

at any downstream location shall not exceed 565 ppm (by weight).

(ii) Effective April 1, 2003, through September 15, 2003, the sulfur content of all gasoline 

supplied by each producer or importer and designated for the counties listed in subparagraphs 

1.(i) and (iii) shall not exceed a quarterly average of 90 ppm (by weight) and a per-gallon cap of 

200 ppm (by weight). For each calendar quarter or portion thereof, the sulfur content shall be 

averaged on a volume-weighted basis over the pool of gasoline supplied by the producer or 

importer in accordance with this subsection during the subject calendar quarter. Effective June 

1, 2003, the sulfur content of gasoline sampled at any downstream location, shall not exceed 

230 ppm (by weight).

(iii) Effective September 16, 2003, the sulfur content of all gasoline supplied by each producer 

or importer and designated for the counties listed in subparagraphs 1(i) and (iii) shall not exceed 

an annual average of 30 ppm (by weight) and a per-gallon cap of 150 ppm (by weight). For 

each calendar year, the sulfur content shall be averaged on a volume-weighted basis over the 

pool of gasoline supplied by the producer or importer in accordance with this subsection during 

the subject calendar year. Product supplied under this subsection during the period, September 

16, 2003 through December 31, 2003, shall be included and averaged in the calendar year 

2004 annual report due by March 1, 2005. Effective January 1, 2004, the sulfur content of 

gasoline sampled at any downstream location shall not exceed 175 ppm (by weight).
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(iv) Effective June 1, 2004, the sulfur content of all gasoline supplied by each producer or 

importer and designated for the counties listed in subparagraphs 1(i) and (iii) shall not exceed a 

seasonal per-gallon cap of 80 ppm (by weight) for the period June 1 through September 15 of 

each calendar year. The sulfur content of gasoline sampled at any downstream location shall 

not exceed 95 ppm (by weight) during each June 1 through September 15th season.

4. Reporting.

(i) Effective April 1, 1999, the producer or importer shall submit documentation of the Reid 

vapor pressure and sulfur content of the first shipment of gasoline in each calendar year subject 

to the limits specified in this subsection and designated for the counties specified in 

subparagraph 1.(i). This documentation shall be submitted to the Division in the format specified 

by the Division within 30 days of the first shipment in each calendar year.

(ii) Effective April 1, 2003, the producer or importer shall submit documentation of the Reid 

vapor pressure and sulfur content of the first shipment of gasoline in that calendar year subject 

to the limits specified in this subsection and designated for the counties specified in 

subparagraphs 1.(i) and (iii). This documentation shall be submitted to the Division in the format 

specified by the Division within 30 days of the first shipment.

(iii) Beginning April 1, 2003, the producer and importer shall provide to the Division in the 

format specified by the Division a quarterly report summarizing any required records and/or test 

results pursuant to this subsection within 60 calendar days following the end of each calendar 

quarter. Quarterly reports shall include a record of all product provided pursuant to this 

subsection and not previously reported to the Division.

The producer, importer and carrier shall provide to the Division in the format specified by the 

Division an annual report summarizing any required records and/or test results pursuant to this 

subsection by March 1 following the end of each calendar year.

(iv) The producer, importer and carrier shall provide to the Division any records required to be 

maintained pursuant to this subsection within 10 business days of a written request from the 

Division.

5. Testing and Recordkeeping.

(i) Producers.

(I) Refinery-level Sampling and Testing.

Each producer shall sample and test for the Reid vapor pressure, and effective April 1, 1999, 

the sulfur content in each batch of gasoline that the producer has produced for the purpose of 

complying with this subsection, by collecting and analyzing a representative sample of gasoline 

taken from the batch at the refinery, using the methodologies specified in paragraph 6. A 

producer may choose to meet the testing requirements of this paragraph by utilizing the same 

samples and test results used for meeting the federal RFG and/or antidumping regulations. If a 

producer blends gasoline components directly to pipelines, storage tanks, tankships, railway 

tankcars or trucks and trailers, the loading(s) shall be sampled and tested by the producer or 
Chapter 391-3-1 Rules for Air Quality Control

 

authorized contractor. The producer shall maintain, for two years from the date of each 

sampling, records showing the sample date, the product sampled, the container or other vessel 

sampled, the volume of the shipment, results of any required testing, the name and address of 

the laboratory that performed the analysis, and the pool volume-weighted average for the 

respective calendar years of the components limited by this subsection.

(II) Terminal-level Sampling.

Effective May 1 of each calendar year beginning in 2001, the producer shall conduct volumeweighted, terminal-level sampling of gasoline received and intended for sale or supply during 

the control period in any of the applicable counties listed in subparagraph 1.(i) in calendar years 

2001 through 2002 or 1.(i) and (iii) in 2003 and beyond. A composite sample will be obtained 

on every continuous movement of each distinct grade of low RVP/low sulfur gasoline at a 

pipeline breakout tankage. The composite sample will be obtained automatically with a nonpressurized automatic sampler, or manually through head-end, middle, and tail-end spot 

samples. Each distinct grade of low RVP/low sulfur gasoline will be composited separately. All 

samples thus taken shall be delivered to EPD or it’s designate for further testing and analysis.

(III) Notwithstanding the provisions of subparagraph (II) above, the producer is not required to 

provide terminal-level sampling if the Division provides notice that the Division’s field testing 

from the previous calendar year indicates a June 1 to September 15 seasonal arithmetic 

average sulfur content of 85 ppm or less for 2003 and an annual arithmetic average sulfur 

content of 30 ppm or less beginning January 1, 2004.

(ii) Importers.

(I) Refinery-level Testing.

Each importer shall provide test results for the Reid vapor pressure, and effective April 1, 1999, 

sulfur content of each batch aggregated in each shipment of gasoline that the importer intends 

to import or will import into the State of Georgia, by pipeline or other means, for the purpose of 

complying with this subsection, by ensuring that a representative sample of gasoline is taken 

from the batch at the refinery and analyzed, using the methodologies specified in paragraph 6. 

An importer may choose to meet the testing requirements of this paragraph by utilizing the 

same samples and test results used for meeting the federal RFG and/or antidumping 

regulations. If an importer blends gasoline components directly to pipelines, storage tanks, 

tankships, railway tankcars or trucks and trailers, the loading(s) shall be sampled and tested by 

the importer or authorized contractor. The importer shall maintain, for two years from the date 

of each sampling, records showing the sample date, the product sampled, the container or other 

vessel sampled, the volume of the shipment, results of any required testing, the name and the 

address of the laboratory that performed the analysis, final destination of the batch, and the pool 

volume-weighted average for the respective calendar years of the components limited by this 

subsection.

(II) Terminal-level Sampling.

Effective May 1 of each calendar year beginning in 2001, the importer shall conduct volumeweighted, terminal-level sampling of gasoline received and intended for sale or supply during 
Chapter 391-3-1 Rules for Air Quality Control

 

the control period in any of the applicable counties listed in subparagraph 1.(i) in calendar years 

2001 through 2002 or 1.(i) and (iii) in 2003 and beyond. A composite sample will be obtained 

on every continuous movement of each distinct grade of low RVP/low sulfur gasoline at a 

pipeline breakout tankage. The composite sample will be obtained automatically with a nonpressurized automatic sampler, or manually through head-end, middle, and tail-end spot 

samples. Each distinct grade of low RVP/low sulfur gasoline will be composited separately. All 

samples thus taken shall be delivered to EPD or it’s designate for further testing and analysis.

(III) Notwithstanding the provisions of subparagraph (II) above, the importer shall not provide 

terminal-level sampling if the Division provides notice that the Division’s field testing from the 

previous calendar year indicates a June 1 to September 15 seasonal arithmetic average sulfur 

content of 85 ppm or less for 2003 and an annual arithmetic average sulfur content of 30 ppm or 

less beginning January 1, 2004.

(iii) Carriers.

Each carrier shall maintain, for two years from the date of entry, records indicating the volume of 

each batch of transported gasoline, the producers and/or importers which contributed to each 

batch, date of receipt, identity of the destination, date of delivery to the destination, and recipient 

of each batch of gasoline delivered to any destination for distribution to any of the applicable 

counties specified in subparagraphs 1.(i) and (iii).

6. Test Methods.

(i) In determining compliance with the standards set forth in this subsection, the test methods 

presented in Table (bbb)1 shall be used. ASTM D-4057 or ASTM D-4177 shall be used for 

sampling of materials used in these tests. All identified test methods are incorporated and 

adopted herein by reference.

TABLE (bbb)1

Gasoline Specification Test Method

Reid Vapor Pressure ASTM D 5191*

Sulfur Content ASTM D 2622 or ASTM D 5453

* In lieu of equation 1 in section 13.2 of the test method, use the following:

RVPE, psi = 0.956X - 0.347

where:

RVPE = equivalent Reid vapor pressure

X = measured total vapor pressure in psi

(ii) Equivalent Test Methods.

Whenever this paragraph provides for a specified test method, another test method may be 

used following a determination by the Director that the other method produces results equivalent 

to the results with the specified method.
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7. Definitions.

For the purpose of this subsection, the following terms have the meanings indicated unless 

otherwise specified.

(i) “Carrier” means any distributor who transports or causes the transportation or storage of 

gasoline without taking title to or otherwise having any ownership of the gasoline, and without 

altering either the quality or quantity of the gasoline.

(ii) “Ethanol blend” means gasoline which contains at least 9 percent and no more than 10 

percent (by volume) ethanol, excluding denaturants.

(iii) “Gasoline” means any fuel sold for use in spark ignition engines and which is commonly or 

commercially known or sold as gasoline, including oxygenated gasoline.

(iv) “Importer” means any person who transports gasoline from another state or a foreign 

country into the state of Georgia.

(v) “Producer” means any person who manufactures gasoline in Georgia.

(vi) “Retailer” means a person operating an establishment at which motor fuel is sold or offered 

for sale to an ultimate consumer.

(vii) “Ultimate consumer” means a person who purchases or obtains motor fuel for direct 

consumption in a motor vehicle and who does not transfer or offer to transfer the motor fuel to 

any other person following purchase or receipt.

(viii) “Wholesale purchaser-consumer” means any organization that is an ultimate consumer of 

gasoline and which purchases or obtains gasoline from a supplier for use in motor vehicles and 

receives delivery of that product into a storage tank under the control of that organization.

Rule (mmm) “NOX Emissions from Stationary Gas Turbines and Stationary Engines used 

to Generate Electricity,” is amended to read as follows:

(mmm) NOX Emissions from Stationary Gas Turbines and Stationary Engines used to 

Generate Electricity.

1. No person shall cause, let, suffer, permit, or allow the emission of nitrogen oxides (NOX), 

from any stationary gas turbine or any stationary engine used to generate electricity whose 

nameplate capacity is greater than or equal to 100 kilowatts (KWe) and is less than or equal to 

25 megawatts (MWe), to exceed the following:

(i) For stationary engines in operation before April 1, 2000:

160 ppm @ 15% O2, dry basis
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(ii) For stationary engines installed or modified on or after April 1, 2000:

80 ppm @ 15% O2, dry basis

(iii) For stationary gas turbines in operation on or after January 1, 1999 and before October 1, 

1999:

42 ppm @ 15% O2, dry basis

(iv) For stationary gas turbines installed or modified on or after October 1, 1999:

30 ppm @ 15% O2, dry basis

2. The requirements of this subsection shall apply during the period May 1 through September 

30 of each year.

3. Compliance Dates.

(i) For stationary engines in operation before April 1, 2000, the affected unit shall comply with 

the applicable standard under paragraph 1 above by May 1, 2003.

(ii) For stationary engines installed or modified on or after April 1, 2000, the affected unit shall 

comply with the applicable standard under paragraph 1 upon startup of the affected unit.

(iii) For stationary gas turbines in operation on or after January 1, 1999 and before October 1, 

1999, the affected unit shall comply with the applicable standard under paragraph 1 above by 

May 1, 2000.

(iv) For stationary gas turbines in installed or modified on or after October 1, 1999, the affected 

unit shall comply with the applicable standard under paragraph 1 upon startup of the affected 

unit.

4. For the purpose of this subsection, the following definitions apply:

(i) “Emergency standby stationary gas turbines and stationary engines” means any stationary 

gas turbine or stationary engine that operates only when electric power from the local utility is 

not available and which operates less than 200 hours per year.

(ii) “Modified” shall be as defined in 40 CFR 60.14.

(iii) “Stationary engine” means any spark or compression ignited internal combustion engine 

which is either attached to a foundation at a facility or is portable equipment located at a specific 

facility.

(iv) “Stationary gas turbine” means any gas turbine that is gas and/or liquid fueled with or 

without power augmentation. It is either attached to a foundation at a facility or is portable 

equipment located at a specific facility.
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5. Exemptions.

The following units are exempt from the provisions of this subsection:

(i) Stationary engines used to power portable rock crushing plants.

(ii) Stationary engines used directly and exclusively for agricultural operation necessary for the 

growing of crops or the raising of fowl or animals.

(iii) Stationary gas turbines and stationary engines not connected to an electrical generator.

(iv) Laboratory engines or gas turbines used for research and testing purposes.

(v) Engines or gas turbines operated by the manufacturer or distributor of such equipment for 

purposes of performance verification and testing at the production facility.

(vi) Portable, temporary generators used for special events (i.e. county fair, circus) provided the 

event does not last more than 14 days.

(vii) Nonroad engines as defined in 40 CFR 89.2.

6. The requirements contained in this subsection shall apply to all such sources located in the 

counties of Banks, Barrow, Bartow, Butts, Carroll, Chattooga, Cherokee, Clarke, Clayton, Cobb, 

Coweta, Dawson, DeKalb, Douglas, Fayette, Floyd, Forsyth, Fulton, Gordon, Gwinnett, Hall, 

Haralson, Heard, Henry, Jackson, Jasper, Jones, Lamar, Lumpkin, Madison, Meriwether, 

Monroe, Morgan, Newton, Oconee, Paulding, Pickens, Pike, Polk, Putnam, Rockdale, Spalding, 

Troup, Upson, and Walton.

7. Emergency standby stationary gas turbines and stationary engines which meet the definition 

stated in paragraph 4.(i) are not subject to the emission limitations of paragraph 1.

8. Stationary engines at data centers that meet all of the following criteria are not subject to the 

emission limitations in subparagraph 1:

(i) Operate only for routine testing and maintenance, when electric power from the local utility is 

not available, or during internal system failures;

(ii) Total annual operation for the engine is less than 500 hours per year;

(iii) Operation for routine testing and maintenance during the months of May through 

September occurs only between 10 p.m. to 4 a.m. Operation for routine testing and 

maintenance during the months of January through April and October through December may 

be done during any time of day; and

(iv) The facility maintains records of all operation, including the reason for the operation.

Authority: O.C.G.A. Section 12-9-1 et seq., as amended.