Chapter 391-3-1 Air Quality Rules



### Projects that are listed in the definition of "pollution control project" will be exempt from the requirement to obtain a construction permit under EPD's minor new source review permitting requirements. The proposed exemption contains a provision whereby the Director has the authority to rebut the presumption that the listed project is environmentally beneficial if the project is to be improperly applied or would not be environmentally beneficial and thus exempt from the construction permitting requirements. Projects that are subject to this exemption are still required to obtain an operating permit. Projects that are subject to major newsource review (PSD and nonattainment NSR) do not qualify for this exemption. There is no economic impact to the regulated industry as this rule may actually provide relief by streamlining the permitting process for certain operations. The proposed amendment will likely reduce EPD's permitting workload and thus we do not anticipating hiring new staff or asking for an increased budget to handle the workload. No costs will be imposed on local governments or the general public. 

### Rule 391-3-1- .03(10)(b)2., Title VOperating Permits Applicability Provisions The basis of this rule is to specify the sources that are required to obtain a Title Vpermit. The purpose for this amendment is to specify that area sources subject to an Emission Standard for Hazardous Air Pollutants are not required to obtain a Title V permit if that emission standard exempts the owner or operator of the source fromthe obligation to obtain a Part 70 permit. There is no economic impact to the regulated industry as this rule may actually provide relief by exempting certain sources from the requirement to obtain a Title V permit. The proposed amendment will not impact EPD's permitting workload as these sources had previously been deferred fromTitle V permitting. No costs will be imposed on local governments or the general public. 

### Rule 391-3- .03(10)(g) Title VOperating Permits - Insignificant Activities List The basis of this rule is to provide a list of source activities that are considered insignificant activities for Title Vpermitting requirements. The purpose for this revision is to clarify the insignificant activities list as it relates to stationary engines used as emergency generators and used for peaking power. This revision is administrative in nature and is in no way any more restrictive that the federal requirements and does not incur any additional costs to the regulated industry or public. Rule 391-3- .05 Regulatory Exceptions The basis of this rule is to allowthe Director of EPD to grant exceptions to particular requirements of any rule, regulation, or general order. The purpose for this revision is repeal the rule in it's entirety. In order for a regulatory exception to be granted, it must first be submitted to U.S. EPAas a revision to the State Implementation Plan (SIP)

. Any exception is not effective until the SIP revision is approved by U.S. EPA . Preparing, submitting, and EPA's approval of SIP revisions is a resource intensive and lengthy process. Should EPD determine than a particular requirement of a rule, regulation, or 7 March 12, 2006Chapter 391-3-1 Air Quality Rules



### general order should not apply to a particular individual or source, EPDhas the ability to request the Board of Natural Resources to amend the rule or regulation. Therefore, the rulemaking approach is the preferred and quicker method of granting such exception. The regulatory exception rule is not required by any state or Federal statute. This revision is administrative in nature and is in no way any more restrictive that the federal requirements and does not incur any additional costs to the regulated industry or public

March 12, 2006

### Chapter 391-3-1 Air Quality Rules

SYNOPSIS OF PROPOSEDAMENDMENTS TOTHE RULES OF THE DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION 

### RELATING TOAIR QUALITY, CHAPTER 391-3-1 Rule 391-3-1- .03(9) - Permit Fees is being amended by subparagraph (b) thereof, by striking subparagraph (b) in its entirety and inserting new subparagraph (b)

. Purpose: The permit fee rule is being amended to set the dollar per

ton rate and incorporate the fee manual for calendar year 2005 fees. Main Features: The dollar per ton rate is increased from$32.50 per ton to $33.00 per ton. The Title V minimum fee is increased from$2500to $3800 . The Synthetic Minor fee is increased from$1000 to $1500 . All other fees and aspects of the permit fee manual remain unchanged. 

### STATEMENT OF RATIONALE The basis and economic impacts of the proposed rule amendments for the rules specified below

are as follows. None of thefollowing rule revisions have any associated scientific research and none of the rules require any additional EPD staff or budget increase or impose any additional burdens on local governments: Rule 391-3-1- .03(9) Permit Fees The basis of this rule is to establish the permit fee dollar per ton rate and incorporate the permit fee manual for each year in which fees are due. The purposefor this amendment is to establish the dollar per ton rate and incorporate the permit fee manual for calendar year 2005 fees. Permit fees are being increased by the amount necessary to continue the existing Title Vfunded activities within EPD . There is an economic impact to the regulated industry resulting fromthe increased fees for calendar year 2005.

Page 1 of 2 April 16, 2006

### Chapter 391-3-1 Air Quality Rules



### Summary of the Proposed Amendments to the Air Permit Fee Manual 

## Procedures for Calculating Air Permit Fees

For Calendar Year 2005: Changes from2004 Procedures to 2005 Procedures Thefollowing is a summary of the differences between the 2004 and 2005 version of the Procedures for Calculating Air Permit Fees. The complete 2005 procedures manual, showing changes from the 2003 using strikeout and underline, can be obtained at http:llenvironet.dnr.state .ga.iis/1 . Thedollar per ton rate is increased from$32.50 per ton to $33.00 per ton. " The Part 70 minimumfee is increased from$2500to $3800 . " TheSynthetic Minor fee is increased from$1000to $1500. " The NSPS fee remains unchanged at $1500 .

Page 2of 2 April 16, 2006

### SYNOPSIS OF PROPOSEDAMENDMENTS TOTHE RULES FORAIR QUALITY CONTROL, CHAPTER 391-3-1 Rule 391-3-1- .02(2), relating to "Emission Limitations and Standards," is being amended by adding newparagraph (rrr), "NO,, Emissions from Small Fuelburning Equipment ." Purpose: As a result of the Atlanta 1-hour ozone nonattainment area's reclassification from "serious" to "severe," sources emitting nitrogen oxides (NOX) in excess of 25 tons per year must control those emissions utilizing "reasonably available control technology"(RACT) . This paragraph establishes new RACT requirements so that owners of small fuel-burning sources may elect to opt out of the more burdensome, case-by-case control technology reviewrequirements of existing paragraph (yy) . Main Features: Certain small fuel-burning equipment located at major NO,

sources in the counties of Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding and Rockdale may comply with the RACT requirement by performing annual combustion equipment tune-ups prior to the beginning of the ozone season (i .e., by May 1s) and maintaining records to document compliance. V/Rule 391-3-1- .02(6)(a)4, relating to "Emission Statements," is being amended. Purpose: Major stationary sources of VOCand NO), located within Atlanta

area nonattainment counties are currently required to submit annual emissions statements by March 31 of each year. This deadline is being extended to July 31 to coincide with the statewide deadline for submitting newly required emission inventories covering all criteria pollutants. Submission of the new emission inventory will also satisfy the requirement to submit emission statements. Main Features: The annual deadline for submitting emission statements is being

changed fromMarch 31 toJuly 31 .

### Rule 391-3-1- .03(6)(b)11, relating to "Permits- Exemptions- Combustion

Equipment- Stationary Engines," is being amended. Purpose: The permitting exemption for emergency generators and

peaking power generators is being amended to reduce the exemption thresholds of output rating (kilowatts) and hours of operation at sources located within 45 counties in the Atlanta region, and to remove an existing conflict with the applicability requirements of Rule 391-3-1- .02(2)(mmm) . Main Features: The maximumannual hours of operation for which emergency

generators in the 45 named counties may qualify for a permit exemption is being lowered from 500 to 200 hours per year. The maximumcapacity for which emergency engines (that are also used as peaking power generators) located in the 45 named counties may qualify for a permit exemption is being lowered from300to 100 kilowatts. Rule 391-3-1- .03(9)(b), relating to "Permit Fees," is being amended. Purpose: Toadd the permit fee requirements for Calendar Year 2003. Main Features: The rule is being amended to incorporate the newpermit fee

manual for calendar year 2003 fees by reference. The CY 2003 fee rate is being set at $32.50/ton, which is the same fee rate used for calendar year 2002. The fee manual for calendar year 2003 will be the same as for calendar year 2002, except for a fewminor updates.

### iJ2L' . . ot`"I

SYNOPSIS OF PROPOSEDAMENDMENTS TO

RULES FOR AIR QUALITY CHAPTER 391-3-1 jRuIe 391-3-1- .01 Definitions, paragraph (nnnn) thereof is being amended by striking paragraph (nnnn) in its entirety and inserting in lieu thereof a new paragraph (nnnn) . Purpose: The purposefor amending paragraph (nnnn) is to update the

definition of "Procedures for Testing and Monitoring Sources of Air Pollutants" to theeffective date of the current revision. Main Features: The "Procedures for Testing and Monitoring Sources of Air

Pollutants" is updatedwith new testing and monitoring requirements. Rule 391-3-1- .02(2), "Emission Limitations and Standards," paragraph (pp) thereof, relating to "Bulk Gasoline Plants," is being amended by deleting and inserting language in subparagraphs 6

.(i) and 6.(ii) . Purpose: Amendments to subparagraphs 6 .(i) and 6

.(ii) expand the covered counties in order to align the rule with changes in Rule 391-3-1- .02(2)(rr) and establish a compliance date. Main Features: Subparagraphs 6 .(i) and 6.(ii) expand the covered counties to encompass both the Georgia and Tennessee Early Action Compact counties that are opting-in to the Georgia Stage I vapor recovery programand establish a compliance date for coveredfacilities. Rule 391-3-1- .02(2), "Emission Limitations and Standards," paragraph (rr) thereof, relating to "Gasoline Dispensing Facility - Stage I," is being amended by deleting and inserting language in subparagraphs 2 .(i), 2 .(ii), 2.(iii), 3.(vii) and 4

. Purpose: Amendments to subparagraphs 2.(i), 2.(ii), 2 .(iii) and 4

. expand the covered counties in order to satisfy Early Action Compact requirements and provide phase-in dates based on average monthly gasoline throughput . Amendments to subparagraph 3 .(vii) further clarifies the requirements for mixing of equipment certified under differing certification procedures. Main Features: Subparagraphs 2 .(i), 2 .(ii), 2 .(iii) and 4

. expand the covered counties to encompass both the Georgia and Tennessee Early Action Compact counties that are opting-in to the Georgia Stage I vapor recovery program and establish compliance dates for covered

### facilities. Mixing of Stage I equipment certified under separate certification procedures may be allowed under prescribed conditions. Rule 391-3-1- .02(2), "Emission Limitations and Standards," paragraph (ss) thereof, relating to "Gasoline Transport Vehicles and Vapor Collection Systems," is being amended by deleting and inserting language in subparagraphs 3 .(i) and 3.(ii) . Purpose: Amendments to subparagraphs 3.(i) and 3 .(ii) expand the covered counties in order to align the rule with changes in Rule 391-3-1- .02(2)(rr) and establish a compliance date. Main Features: Subparagraphs 3.(i) and 3.(ii) expand the covered counties to

. encompass both the Georgia and Tennessee Early Action Compact counties that are opting-in to the Georgia Stage I vapor recovery program and establish compliance dates for covered parties. V/ Rule 391-3-1- .02, paragraph (2), "Emission Limitations and Standards," subparagraph (tt) thereof, relating to "VOC Emissions from Major Sources," is being amended by adding new subparagraphs 6and 7. Purpose: Major stationary sources of VOCwithin Atlanta area non-attainment

counties are required to utilize "reasonably available control technology" (RACT) to control VOC emissions unless such source is subject to a specific VOC regulation. The rule is being changed to require that case-by-case RACT determinations provide and opportunity for public comment and be incorporated into the state implementation plan as required by U.S. EPA . Main Features: The rule change will require EPD to publish a public notice which

provides an opportunity for public comment and a public hearing for each case-by-case RACT determination approved by the Division. The rule change will also require EPD to submit all approved RACT determinations to U.S. EPAas a revision to the state implementation plan. VRule 391-3-1-.02, paragraph (2), "Emission Limitations and Standards," subparagraph (yy) thereof, relating to "Emissions of Nitrogen Oxides from Major Sources," is being amended by adding new subparagraphs 7 and 8 . Purpose: Major stationary sources of NOx within Atlanta area non-attainment

counties are required to utilize "reasonably available control technology" (RACT) to control VOC emissions unless such source is subject to one of several specified NOx regulations. The rule is being changed to require that case-by-case RACT determinations provide an opportunity for public comment and be incorporated into the state implementation plan as required by U .S. EPA .

### Main Features: The rule change will required EPD to public a public notice which provides an opportunity for public comment and a public hearing for each case-by-case RACT determination approved by the Division. The rule change will also require EPD to submit all approved RACT determinations to U.S. EPAas a revision to the state implementation plan.

~Rule 391-3-1- .02, paragraph (2), "Emission Limitations and Standards," subparagraph (zz) thereof, relating to "Gasoline Dispensing Facility - Stage II," is being amended by deleting and/or inserting language in subparagraphs 2and 3 .(i)(I) . 

### Purpose: This clarifies the exemption for individual dispensers used

exclusively for fuelingvehicles equipped with onboard refueling vapor recovery and the requirements for mixing of equipment certified under differing certification procedures. Main Features: This provides an exemption for individual dispensers used

exclusively for either initial fueling and/or re-fueling ofvehicles equipped with onboard refueling vapor recovery (ORVR) . Subparagraph 3.(i)(1) now allows for manufacturer or independent third-party equipment certification. O Rule 391-3-1- .02, paragraph (2), "Emission Limitations and Standards," subparagraph (ooo) thereof, relating to "Heavy-Duty Diesel Engine Requirements," is being amended by deleting and inserting language in subparagraphs 4,5, and 10, inserting new

subparagraphs 6, 7, and 8, and renumbering existing subparagraphs. Purpose: This re-aligns this rule with CARB's Heavy-Duty Engine Standards

rules and adds new

anti-tampering and recordkeeping requirements. Main Features: Subparagraph 6adds new certification requirements. Subparagraphs 7 and 8prohibit anyone fromremoving or rendering inoperative any emission control device on the engine or installing any device to bypass, defeat, or render inoperative the emission control device on the engine. Subparagraph 10 adds new recordkeeping requirements. Rule 391-3-1- .02(2), "Emission Limitations and Standards," paragraph (rrr) thereof, relating to "NOx Emissions fromSmall Fuel-Burning Equipment," is being amended by extending the time preceding the ozone season each year, fromthe month of April to the period between February 1 and May 1, during which subject facilities may performtuneups on affected fuel-burning equipment. Purpose: As a result of the Atlanta 1-hour ozone nonattainment area's reclassification from "serious" to "severe," sources emitting nitrogen oxides (NOX) in excess of 25 tons per year must control those emissions utilizing "reasonably available control technology"(RACT) .

### This paragraph establishes newRACT requirements so that owners of small fuel-burning sources may elect to opt out of the more burdensome, case-by-case control technology reviewrequirements of existing paragraph (yy) . Main Features: Certain small fuel-burning equipment located at major NO, sources in

the counties of Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding and Rockdale may comply with the RACT requirement by performing annual combustion equipment tune-ups prior to the beginning of the ozone season (i .e., by May 1s) and maintaining records to document compliance. Rule 391-3-1- .02, paragraph (4), "Ambient Air Standards," is being amended by revising subparagraphs (c) and (e), thereof, relating to "PM,o," and "Ozone," respectively. Purpose: This change implements the new National Ambient Air Quality

Standards for particulate matter and ozone. Main Features: Subparagraph (c), subparagraph 2 implements the new National

Ambient Air Quality Standard for particulate matter 2 .5 micrometers in size. Subparagraph (e), subparagraph 2 implements the new National Ambient Air Quality Standard for ozone as averaged over 8 hours. ule 391-3-I-.02(5), relating to "Open Burning," is being amended by adding new aragraph (b)3 that specifies the allowable open burning activities during the summer ozone season for activities for nine additional counties. Purpose: As a means of addressing actual or potential non-attainment with the

8-hour ozone standard in the Chattanooga, Macon and Augusta metropolitan areas, the requirements of this existing rule (already applicable to 13 Atlanta non-attainment counties and 32 counties surrounding the Atlanta non-attainment area) are proposed to be extended to additional counties. This rule bans open burning of materials, agricultural wastes and land-clearing debris during the months of May through September, with certain exceptions as specified in the rule. Main Features: Under newparagraph (b)3 of the rule, the only exceptions to the ban

on open burning from May 1 through September 30 in the counties of Bibb, Catoosa, Columbia, Crawford, Houston, Peach, Richmond, Twiggs and Walker would be: carrying out recognized agricultural procedures necessary for production or harvesting of crops; the "prescribed burning" of any forest land by the owner or the owner's designee; "slash burning" of any forest land by the owners or the owner's designee; for recreational purposes or cooking food for immediate human consumption; for purposes of training fire-fighting personnel when authorized by the appropriate governmental entity;

### operation of devices using open flames such as tar kettles, blow torches, welding torches, portable heaters and other flame-making equipment; and disposal of all packaging materials previously containing explosives, in accordance with U.S. Department of Labor safety regulations. Burn permits for prescribed or slash burning of forest land will not be issued by the Georgia Forestry Commission for days that are conduciveto formation of air pollution. Rule 391-3-I- .02, paragraph (9) relating to "Emission Standards for HazardousAir Pollutants," is being amended by replacing existing subparagraph (b) with new subparagraph (b) . Purp ose: To adopt the National Emissions Standards of HazardousAir

Pollutants into the Georgia Rules by reference to ensure consistency between the State and Federal programs. Main Features: New standards for Plywood and CompositeWood Products, Organic Liquid Distribution, Surface Coating of Automobiles and Light-Duty Trucks, SurfaceCoating of Miscellaneous Metal Parts and Products, Surface Coating of Plastic Parts and Products, Stationary Combustion Engines, Reciprocating Internal Combustion Engines, Lime Manufacturing Plants, and Industrial, Commercial, and Institutional Boilers and Process Heaters are being adopted. The remaining standards are being readopted to incorporate any amendments since the last rule making.r'nl p._r&1n OLe

SYNOPSIS OF THE PROPOSEDAMENDMENTS TOTHE RULES OF THE DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION RELATING TOAIR(~UALITY, CHAPTER 391-3-1 Rule 391-3-1- .02, paragraph (2), "Emission Limitations and Standards," subparagraph (ooo) thereof, relating to "Heavy-Duty Diesel Engine Requirements," is being amended by deleting and inserting a reference in subparagraphs 11 . Purpose: Amendments to subparagraph 11 updates the reference from

subparagraph 7 to subparagraph 10 . By error, the reference was not updated in the rule amendments that became effective in January 2005. Main Features: Subparagraph 11 incorrectly references subparagraph 7 for the

purpose of determining who is responsible for submitting compliance reports to EPD

. This amendment revises the reference to subparagraph 10, which correctly identifies those entities that are supposed to submit compliance reports. Rule 391-3-1- .02, paragraph (7), "Prevention of Significant Deterioration of Air Quality," is being amended by striking the paragraph in its entirety and inserting in lieu thereof a new

subparagraph (7) . Purpose: The existing Prevention of Significant Deterioration of Air Quality rule

(abbreviated as PSD), is being amended to incorporate changes made to the Federal Rule as promulgated December 31, 2002. Several changes to the December 31, 2002, Federal Rule are being proposed for incorporation into the Georgia rule. Main Features: The December 31, 2002, Federal rule changes address five areas of

the PSD regulation: 1) applicability test for modification of existing units, 2) calculation of baseline actual emissions, 3) clean unit provisions, 4) pollution control projects, and 5) plant-wide applicability limits. The proposed changes to the Georgia rules incorporate three of these (the clean unit and pollution control project provisions have been vacated by Federal Court and are not being adopted here) provisions plus propose a number of Georgia specific changes in order to protect air quality, provide clarification, ensure enforceability, and provide consistency with other existing Georgia rules. January 29, 2006Rule 391-3-1-.03(6), "Exemptions," subparagraph (b) thereof, is being amended by adding new

subparagraph (b)14. and (b)15. Purpose: Stationary sources that install temporary boilers and electric

generators to replace that source's primary boiler or generator during periods of maintenance or repair will no longer be required to obtain a permit for the temporary equipment. Main Features: Subparagraph (b)14 provides the exemption for temporary stationary

engines used to generate electricity (commonly referred to as electric generators) when they are used to replace the source's main generators. Subparagraph (b)15 provides the exemption from fuelburning equipment (commonly referred to as boilers) when they are used to replace the source's main boilers. Both exemptions apply when the main units are not operated for purposes of repair or maintenance. The exemptions specify that the temporary equipment must have both actual and potential (i .e., allowable) emissions less than that of the main unit . The exemption for temporary boilers specifies that if the unit remains at a location for longer than 180 are no longer considered temporary boilers. Minor typographical corrections are also made to existing language in the rule. Rule 391-3-1- .03, paragraph (8) thereof relating to, "Permit Requirements," subparagraph (c) thereof, is hereby amended by striking subparagraph (c) in its entirety and inserting in lieu thereof a new subparagraph (c) . Purpose: The existing Non-Attainment NewSource Review(commonly referred

to as Non-Attainment NSR) rule is being amended to clarify that the provisions of Rule 391-3-1- .0 .2(7), "Prevention of Significant Deterioration of Air Quality," also apply to sources subject to nonattainment new

source reviewincluding the changes to that rule which are being proposed simultaneously with this rule. Main Features: Changes to the Non-Attainment NSR rule include the addition of

language that states that the requirements of 391-3-1- .02(7) apply to sources subject to this rule and language which states that when there is a conflict between the provisions of 391-3-1- .03(8)(c) (the NonAttainment NSR provisions) and 391-3-1- .02(7) (the PSD provisions), the Non-Attainment NSR provisions apply. Minor typographical corrections are also made to existing language in the rule.

January 29, 2006

## STATEMENT OF RATIONALE Rules forAirQuality Control Rule 391-3- .02(2)(ooo) - Heavy-Duty Diesel Engine Requirements EPD is replacing the reference to subparagraph 7 in subparagraph 11 with a reference to subparagraph 10

. This error occurred when the subparagraphs were renumbered in the amendments to the rule that became effective in January 2005. This rule revision provides for an error correction of existing requirements and does not impose any additional cost to the regulated industry or the public or require additional EPDstaff or budget increases . 

### Rule 391-3-1- .02(7), Prevention of Significant Deterioration of Air Quality On December 31, 2002, U.S. EPA adopted revisions to the Federal Prevention of Significant Deterioration (PSD) regulations. State permitting authorities are required to adopt these changes into their PSD regulations by January 2, 2006 . EPD is proposing to incorporate the Federal rule changes into the Georgia PSD rules. The December 31, 2002, Federal rule changes address five areas of the PSD regulation: 1) applicability test for modification of existing units, 2) calculation of baseline actual emissions, 3) clean unit provisions, 4) pollution control projects, and 5) plant-wide applicability limits (PALs) . The clean unit and pollution control project provisions have been vacated by a Federal Court and are not being incorporated into the Georgia PSD rules. EPD is proposing several provisions that differ fromthe December 31, 2002, Federal Rule. These differences include: " Options that streamline the emissions calculations, such as the option to exclude , malfunction emissions fromcalculations. 

### " Increased record keeping and reporting to provide EPDwith sufficient information to ensure enforceability. " Elimination or clarification of vague provisions " Incorporation of important information that is included in the preamble but not in the rule " Changes to permitting requirements to make themconsistent with Georgia permitting requirements.

January 29, 2006There is no economic impact to the regulated industry as this rule may actually provide relief by reducing the number of modifications that will be required to undergo major new source review

. Any impact on EPD's staffing or budgetary needs that result fromthese rule revisions will be a result of the mandatory requirements of federal rules. No costs will be imposed on local governments or the general public. Rule 391-3-1-.03(6)(b) Permit Exemption for Combustion Equipment The basis of this rule is to provide for an exemption fromobtaining an operating permit for certain activities. The purpose of this revision is to change the existing rule to exempt temporary boilers and electric generators that are used to replace a facility's boilers or generators during periods of repair or maintenance fromthe requirement to obtain a permit. There is no economic impact to the regulated industry as this rule may actually provide relief by streamlining the permitting process for certain operations. The proposed amendment will likely reduce EPD's permitting workload and thus we do not anticipating hiring new

staff or asking for an increased budget to handle the workload. No costs will be imposed on local governments or the general public. Rule 391-3-1- .03(8)(c) Permit Requirements The basis of this rule is to provide permitting requirements for newmajor sources and major modifications to existing major sources located in air quality non-attainment areas (commonly referred to as Non-attainment NSR) . On December 31, 2002, U.S. EPA adopted revisions to the Federal Non-Attainment NSR regulations . The changes to the Federal Non-Attainment NSR regulations are identical to changes made to the Federal Prevention of Significant Deterioration (PSD) rules on the same date. EPD is proposing changes to Georgia's PSD rules to incorporate (with some differences) the changes to the Federal PSD rules. The proposed revisions to 391-3-1- .03(8)(c) (Georgia's NonAattainment NSR rule) adds language that clarifies that the Georgia PSD rules, including the proposed revisions . There is no economic impact to the regulated industry as this rule may actually provide relief by reducing the number of modifications that will be required to undergo major nonattainment new

source review

. Any impact on EPD's staffing or budgetary needs that result fromthese rule revisions will be a result of the mandatory requirements of federal rules. No costs will be imposed on local governments or the general public.

January 29, 2006

### SYNOPSIS OF PROPOSEDAMENDMENTS TOTHE RULES FORAIR QUALITY CONTROL, CHAPTER 391-3-1 

# ;I I ay_I

Rule 391-3-1-.01, paragraph (nnnn), relating to "Definitions," is being amended. Purpose: The definition of the Procedures For Testing And Monitoring

Sources of Air Pollutants (PTM) is being amended to include the most recent revision of the PTM . Procedures are being amended to be consistent with federal rule changes and to correct typographical errors and one section removes a reporting requirement. Main Features: The reference date for the Procedures for Testing and Monitoring

Sources of Air Pollutants is being updated to the most recent revision, January 1, 2004. Procedures 2, 3, 4, and 4A are being revised consistent with the federal revisions. Sections 2.1, 2.1b, and 2.1c are being amended to update references to revised test methods. Section 2.1 is also being amended to correct a typographical error and to correct a temperature specification. Section 2.116 is being amended to remove the requirement to submit hourly average Nitrogen Oxides (NOx) emission rates for affected units. These affected units are also subject to the requirements of the U.S. Environmental Protection Agency's (EPA) Acid Rain Programand, as such, are required to submit the hourly average emission rates to EPA each quarter. The records are available for reviewby the Division and for public reviewthrough EPA's Clean Air Markets Division's Internet website. Rule 391-3-1- .02, paragraph (2)(ppp) thereof, relating to "Commercial/Industrial/Solid Waste Incinerators Constructed On or Before November 30, 1999" is being amended. Purpose: To ensure consistency between the Federal Emission Guidelines

for Existing CISWI and the State Rules. Main Features: To delete subparagraph 4.(i) from Rule (ppp) and correct

typographical errors in order to ensure consistency between the State and Federal programs.

### Rule 391-3-1- .02, subparagraph (8)(b) thereof, relating to "NewSource Performance

Standards," is being amended. Purpose: To adopt the NewSource Performance Standards into the Georgia

Rules by reference to provide consistency between the State and Federal programs. Main Features: The standards are being readopted to incorporate any amendments

since the last rulemaking and to be consistent with federal rules. Rule 391-3-I- .02, subparagraph (9)(b) thereof, relating to "Emission Standards for Hazardous Air Pollutants," is being amended. Purpose: To adopt the National Emissions Standards of Hazardous Air

Pollutants into the Georgia Rules by reference to ensure consistency between the State and Federal programs. Main Features: Newstandards for Printing, Coating, and Dyeing of Fabrics and

Other Textiles, Surface Coating of Wood Building Products, Surface Coating of Metal Furniture, Reinforced Plastic Composites Production, Semiconductor Manufacturing, Coke Ovens: Pushing, Quenching, and Battery Stacks, Integrated Iron and Steel Manufacturing, Brick and Structural Clay Products Manufacturing, Clay Ceramics Manufacturing, Asphalt Processing and Asphalt Roofing Manufacturing, Flexible Polyurethane Foam Fabrication Operations, Hydrochloric Acid Production, Engine Test Cells/Stands, Refractory Products Manufacturing, Miscellaneous Organic Chemical Manufacturing, Surface Coating of Metal Cans, Site Remediation, Miscellaneous Coating Manufacturing, Mercury Emissions fromMercury Cell Chlor-Alkali Plants, Taconite Iron Ore Processing, and Primary Magnesium Manufacturing are being adopted. The remaining standards are being readopted to incorporate any amendments since the last rule making. Rule 391-3-1-.03, paragraph (6)(b) thereof, relating to "Permit Exemptions - Combustion Equipment" is being amended. Purpose: To modify the permit exemption for stationary engines used

exclusively as emergency generators and located within 45 north Georgia counties, such that only those engines with a rated capacity less than 100 kilowatts shall be exempt. To modify the definition of "emergency generator" within 45 north Georgia counties to include only those generators operating less than 200 hours per year. To modify the permit exemption for stationary engines used for emergency and/or peaking power and located

### within 45 north Georgia counties, such that only those engines with a rated capacity less than 100 kilowatts shall be exempt. Main Features: Newtext is being added to subparagraph (6)(b)11(i) to specify the

100 kilowatt capacity limit for emergency generators, and names the 45 counties in which the limit applies. New text is being added to subparagraph (6)(b)11(ii) to lower the capacity limit for emergency and peaking power engines in the named 45 counties from300to 100 kilowatts. New text is being added to subparagraph (6)(b)11(v)(I) to define an "emergency generator," within the named 45 counties, as one which operates less than 200 hours per year. Rule 391-3-I- .03, paragraph (6)(g) thereof, relating to "Permit Exemptions - Pollution Control" is being amended. Purpose: To exclude those wastewater treatment systems that are subject to

federal NewSource Performance Standards or National Emission Standards for Hazardous Air Pollutants from the permitting exemption otherwise provided by the Rules, . and to lower the nitrogen oxides emission level under which landfills in the Atlanta ozone nonattainment area may qualify for exemption from permitting requirements. Main Features: Newtext is being added to subparagraph (6)(g)1 to explain which

wastewater treatment systems do not qualify for the permitting exemption, and to subparagraph (g)5(iii) to lower the allowable emission level for the landfill permit exemption. Rule 391-3-I- .03, paragraph (6)(i) thereof, relating to "Permit Exemptions- Other" is being amended. Purpose: To prohibit the use of "netting" in demonstrating that emissions

increases fromunpermitted modifications remain belowthe levels stated in the Rule. Main Features: Newtext is being added to subparagraph (6)(i)3 to exclude any

emission decreases from the calculation of cumulative emission decreases.

### Rule 391-3-I- .03, paragraph (10)(e) thereof, relating to "Permit Issuance, Renewal,

reopenings, and revisions," is being amended. Purpose: To provide that new applicable requirements must be incorporated into Title V permits prior to their 5-year expiration date, if the permit has at least three years remaining until expiration at the time the new applicable requirement becomes effective. Main Features: Subparagraph (10)(e)6 currently requires incorporation of new

applicable requirements if the Title V permit has at least one year until expiratibn remaining at the time newrequirements become applicable. The subparagraph is being amended to change this to three years. Rule 391-3-I- .03, paragraph (10)(g) thereof, relating to "Insignificant Activities List - Combustion Equipment" is being amended. Purpose: To lower, from 300 to 100 kilowatts, the allowed capacity under

which non-gasoline burning engines used for emergency or peaking power in 45 north Georgia counties are considered "insignificant activities" for Title V permitting; to lower, from2,000 to 1,000 hours per year, the maximumtime that non-gasoline burning engines (statewide) used for purposes other than emergency or peaking power may operate and be considered "insignificant activities" for Title V permitting; to lower, from 100 horsepower to 100 kilowatts, the allowed capacity under which gasoline burning engines in 45 north Georgia counties used for purposes other than emergency or peaking power are considered "insignificant activities" for Title V permitting. Main Features: New text is being added to subparagraph (10)(g)2(iv)(II) to lower the applicable capacity for non-gasoline burning emergency/ peaking engines in the named 45 counties; the applicable annual hourly operating limit for non-gasoline burning engines used for purposes other than emergency/peaking power is being changed from2,000to 1,000 hours per year in subparagraph (10)(g)2(iv)(III) ; and new

text is being added to subparagraph (10)(g)2(iv)(III) to lower the applicable capacity for gasoline burning engines used for peaking power in the named 45 counties from100 horsepower to 100 kilowatts.~1V1c.Ilr,~~L`~



### SYNOPSIS OF THE PROPOSEDAMENDMENTS TOTHE RULES OF THE DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION RELATING TOAIR QUA LITY, CHAPTER 391-3-1 V'Rule 391-3-1- .01, "Definitions," paragraph (IIII) thereof is being amended by inserting additional compounds. Purpose: The purpose for amending paragraph (IIII) is to update the definition of

"Volatile Organic Compound" to exclude compounds recently designated by EPA as having negligible photochemical reactivity. Main Features: The definition of "Volatile Organic Compounds" is updated to exclude the

following compounds: 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (nC3F70CH3, HFE-7000), 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2- (trifluoromethyl) hexane (HFE-7500), 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea), methyl formate, and t-butyl acetate. JRule 391-3-1-.02, paragraph (2), "Emission Limitations and Standards," subparagraph (d) is being amended by deleting and inserting language in subparagraphs 1 .(ii) and 2.(ii). Purpose: Boilers are subject to this particulate matter regulation based on boiler heat

input and date of construction. Language in subparagraphs (d)1 .(ii) and (d)2.(ii) is being removed and added to clarify the language between the sizes. Main Features: The rule change will better clarify the language that distinguishes boiler sizes

between 10 million and 2,000 million Btu heat input that were constructed on or before January 1, 1972, and boiler sizes between 10 million and 250 million Btu heat input that were constructed after January 1, 1972. Rule 391-3-1- .02, paragraph (2), "Emission Limitations and Standards," subparagraph (ooo) thereof, relating to "Heavy-Duty Diesel Engine Requirements," is being amended by deleting and inserting language in subparagraphs 1, 2, and 5; inserting new subparagraphs 12, 13, 14, and 15; and renumbering existing subparagraphs. 

### Purpose: This amendment will incorporate the most recent adoption date for

amendments to the CARB heavy-duty standards, add new language requiring the labeling of heavy-duty vehicles, and clarify several definitions. Main Features: Subparagraph 1 adds definitions for "Gross Vehicle Weight Rating" and

"Military Tactical Vehicle and Equipment," rather than referencing themin the CARB regulations. Subparagraphs 2 and 5 replace the adoption date for the CARB heavy-duty standards with the most recent adoption date and strikes language referencing future CARB rulemakings. Subparagraphs 12 through 

### 1 March 22, 200514 add new language requiring heavy-duty vehicles and engines sold, rented, leased, or imported to display an emissions label . Subparagraph 15 requires manufacturers to provide emission-level information for heavy-duty engines and vehicles upon request. 

### Rule 391-3-1- .02(4), "Ambient Air Standards," subparagraph (b) thereof, relating to "Sulfur Dioxide," is being amended by deleting and inserting language in subparagraphs (b)4. Purpose: This change will provide for a minor correction in theAmbient Air Standard for

Sulfur Dioxide as defined by the National Ambient Air Quality Standards. Main Features: Subparagraph (b)4. is being amended to correct the standard condition for

temperature for sulfur dioxide measurements. The current rule identifies this temperature as 26° Cand the correct temperature will be defined as 25° C . /Rule 391-3-1-.02(5), "Open Burning," subparagraph (e) thereof, is being amended by striking subparagraph (e) in its entirety and inserting new subparagraph (e) . Purpose: To require Federal facilities, which are not required to obtain burn permits

fromthe Georgia Forestry Commission, to institute measures to ensure that prescribed and slash burning is not conducted during periods that are conducive to ozone formation. Language in the subparagraph that refers to "air pollution episode" is removed and replaced with the phrase "periods which are conducive to the formation of ozone." Main Features: The open burning rule was recently amended to expand the number of

counties subject to ozone season open burning restrictions. As part of this rulemaking, a newparagraph (e) was added that specified that the Georgia Forestry Commission will not issue burn permits for prescribed or slash burning on days that are conducive to ozone formation. Determination of these periods will be determined through the use of ozone forecast systems, or where ozone forecast systems do not exist, by identifying days conducive to ozone formation with the use of meteorological criteria. However, Federal facilities are not required to obtain burn permits fromthe Georgia Forestry Commission (although some currently do so on a voluntary basis) . This amendment would add language that would require Federal facilities to institute measures to assure that prescribed and slash burning does not occur on days that are conducive to ozone formation. The phrase "air pollution episodes or periods when weather conditions are conducive to formation of air pollution episodes" is removed since "air pollution episode" has a regulatory meaning in Rule 391-3-1- .04 that is inconsistent with the original intent of the open burning rule. The phrase is replaced by "periods which are conducive to the formation of ozone" which is consistent with the intent of the rule.



### 2 March 22, 2005Rule 391-3-1- .03(6), "Exemptions," subparagraph (b) thereof, is being amended by adding

new subparagraph (b)14. and (b)15. 

### Purpose: Stationary sources that install temporary boilers and electric generators to

replace that source's primary boiler or generator during periods of maintenance or repair will no longer be required to obtain a permit for the temporary equipment. Main Features: Subparagraph (b)14 provides the exemption for temporary stationary engines

used to generate electricity (commonly referred to as electric generators) when they are used to replace the source's main generators. Subparagraph (b)15 provides the exemption from fuel-burning equipment (commonly referred to as boilers) when they are used to replace the source's main boilers. Both exemptions apply when the main units are not operated for purposes of repair or maintenance. The exemptions specify that the temporary equipment must have both actual and potential (i .e., allowable) emissions less than that ofthe main unit. Rule 391-3-1- .03(6) "Exemptions," subparagraph (g) thereof, relating to "Pollution Control," is being amended by deleting and inserting language in subparagraphs g(2) .: Purpose: The purpose for amending subparagraph (g)2. is to specify exempt sources

based on the adoption of the Site Remediation MACT in Section 112 of the Federal Actwhich has since been incorporated into the Georgia Rules. Main Features: Subparagraph (g)2. exempts on-site soil or groundwater decontamination

units that are not subject to Section 111 or 112 [excluding 112(4)] of the Federal Act. All other sources that are subject to the MACT standard are not exempted. Rule 391-3-1-.03(8), "Permit Requirements", subparagraph (c)(12) thereof, is being amended by adding new

subparagraph (c)(12)(iv) . Purpose: New major sources or existing major sources that undergo major modification within the Atlanta ozone non-attainment area or counties that are designated as contributing to the Atlanta ozone non-attainment area are required to obtain "offset" emission reductions from other sources located in or contributing to the Atlanta ozone non-attainment area or from the existing facility. The rule is being changed to require that the owner or operator of such newor modified sources provide EPD with documentation that they have obtained sufficient offsets prior to startup of the new source or modification. Main Features: Permittees that obtain offsets from EPD's existing Emission Reduction Credit

bank are required to submit a formwithdrawing the credits fromthe bank. If the credits are owned by another person or entity, the current owner must submit a formtransferring the credits to the owner/operator that will be using 

### 3 March 22, 2005the credits. Owners/operators that do not obtain offsets fromthe Emission Reduction Credit bank must supply information identifying the facility at which the offsets were created, the permit or amendment number and date of issuance or date of permit revocation, for cases in which the offsets were generated by a plant shut down, which created the offsets, and specify the number of offsets that will be used. If the offsets were created by an owner or operator other than the one that will be using it, a letter fromthe owner or operator that created the offsets must be submitted to the Division specifying the date and amount of transfer of ownership of the offsets. In both cases, the documentation must be submitted 30 days prior to startup of the new source or modification. In addition, if offsets are created through the shutdown of equipment that is not required to be permitted, the owner or operator utilizing the offsets must provide documentation of the operation and shutdown of such equipment and emissions calculations. Rule 391-3-1-.03(9) - Permit Fees is being amended by subparagraph (e) thereof, is being amended by striking subparagraph (e) in its entirety and inserting newsubparagraph (e) . Purpose: To add the permit fee requirements for calendar year 2004. Main Features: The rule is being amended to incorporate the new permit fee manual for calendar year 2004 fees by reference. The CY 2004fee rate is being set at $32.50 per ton, which is the same fee rate used for calendar years 2002 and 2003. The fee manual for calendar year 2004will be the same as for calendar years 2002 and 2003, except for 1) a provision that will allow for the electronic submission of permit fee reports, 2) a provisions that will allow for the use of continuous emissions rate monitors for calculating fees, and 3) reducing the NOx and VOCthresholds for sources located in the 13-county One-Hour ozone non-attainment area from50 tons-per-year to 25tons-peryear to reflect the Atlanta ozone non-attainment area's reclassification from serious to severe. Rule 391-3-1- .03, paragraph (11), "Permit By Rule," subparagraph (b) thereof, relating to "OnSite Power Generation," is being amended by deleting and inserting language in subparagraphs (b)3.(i). Purpose: On-Site Power Generation facilities that meet specific criteria may obtain a

permit-by-rule. This amendment clarifies the specific equipment covered by the permit-by-rule. Main Features: The wording "fuel-burning equipment" is deleted, and "Internal Combustion

Engine" is inserted to best identify the affected equipment . Rule 391-3-1-.03(11), "Permit by Rule Standards," subparagraph (b) thereof, relating to "Permit by Rule Standards," is being amended by deleting and inserting language in subparagraphs 5(i) .



### 4 March 22, 2005Purpose: Hot mix asphalt Plants that meet specific criteria may obtain a permit-by-rule. The rule is being changed to better clarify the specific equipment covered by the permit-by-rule. 

### Main Features: Thewording "with external combustion fuel-burning equipment rated at less

than or equal to 100million BtU per hour" is replaced by "hot mix asphalt."

5 March 22, 2005

## STATEMENT OF RATIONALE THE PROPOSEDAMENDMENTS TOTHE RULES OF THE DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION RELATINGTOAIR QUALITY, C HAPTER 391-3-1 The basis and economic impacts of the proposed rule amendments for the rules specified below

are as follows. None of the following rule revisions have any associated scientific research and none of the rules require any additional EPD staff or budget increase or impose anyadditional burdens on local governments: Rule 391-3- .01 Definition (1111) The basis of this rule is to define any organic compound that participates in atmospheric photochemical reactions as a "Volatile Organic Compound," which is consistent with EPA's definition of "Volatile Organic Compound" as identified in the Code of Federal Regulations. The purpose for this revision is to exclude four compounds recently designated by EPAas having negligible photochemical reactivity. This revision is administrative in nature and is in no way any more restrictive that the federal requirements and does not incur any additional costs to the regulated industry or public. Rule 391-3- .02(2)(d) - Fuel-Burning Equipment The basis of this rule is subject boilers to particulate matter emission standards based on boiler heat input and date of construction. The purpose of this rule revision to clarify the language intended for boilers between the sizes of 10 million Btu per hour and 2,000 million Btu heat input per hour constructed on or before January 1, 1972, as well as boilers between the sizes of 10 million Btu per hour and 250 million Btu heat input per hour constructed afterJanuary 1, 1972. This rule revision provides clarification of existing requirements and does not impose any additional cost to the regulated industry or the public. Rule 391-3- .02(2)(ooo) - Heavy-Duty Diesel Engine Requirements The basis of this rule is to incorporate the provisions of the "California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel March 22, 2005

### Engines and Vehicles" (the California 2007 rule) for NOx and PM control statewide. The purpose of this rule revision is to clarify two definitions, reference the most recent adoption date for amendments to the California 2007 rule, require emission labels on heavy-duty diesel engines and vehicles, and require manufacturers to provide engine emission levels upon request. EPD is adding the definitions for "Gross Vehicle Weight Rating" and "Military Tactical Vehicle and Equipment" rather than adopting themby reference. Sections 2 and 5 of the rule are amending the adoption date of heavy-duty diesel engine requirements by California Air Resources Board (CARB) fromDecember 8, 2000 to December 12, 2002. This is the most recent date that changes were made to the CARB rule. Sections 12 through 14 are being added to require that heavy-duty diesel vehicles sold, leased, rented, or imported must have an emissions label on the left-hand door, that engine manufacturers place an emissions label on the engine, and that heavy-duty vehicle manufacturers place an emissions label on the door. This will allow dealers and customers to ensure that the engines are compliant with this rule. A new section 15 is included with these amendments to require engine or vehicle manufacturers to provide an official certificate of origin, certificate of compliance, and an identification of the certified emissions level . Since the California 2007 rule and these amendments are no more stringent than the federal regulations that it mirrors, this rule revision does not impose any additional cost to the regulated industry or the public. Rule 391-3-1- .02(4) AmbientAir Standards The basis of this rule is to incorporate the National Ambient Air Quality Standards, NAAQS, for sulfur dioxide into the Georgia Rules for Air Quality Control . The purpose for this revision is to correct an error in the standard condition for temperature for the AmbientAir Standard for sulfur dioxide. 

### This rule revision provides for an error correction of existing requirements and does not impose any additional cost to the regulated industry or the public. Rule 391-3-1- .02(5) Open Burning The basis of this rule is to establish open burning bans, with certain exceptions, during the months of May through September as a means of abating ozone forming pollutants in ozone non-attainment areas. The purpose of this revision is to include a requirement that Federal facilities that are not required to obtain burn permits from the Georgia Forestry Commission to take similar steps to ensure that prescribed and slash burning does not occur on such days. Also, the use of the term "air pollution episode" is removed and replaced with language consistent with the original intent of the rule.

7 March 22, 2005

### Costs to affected federal entities are expected to be minimal as there are a limited

number of days during each ozone season where the affected types of burns are prohibited. The language change to this rule will have no impact on the regulated entities. Rule 391-3-1- .03(6)(b) Permit Exemption for Combustion Equipment The basis of this rule is to provide for an exemption fromobtaining an operating permit for certain activities. The purpose of this revision is to change the existing rule to exempt temporary boilers and electric generators that are used to replace a facility's boilers or generators during periods of repair or maintenance from the requirement to obtain a permit . There is no economic impact to the regulated industry as this rule may actually provide relief by allowing exemptions for certain operations. Rule 391-3-1- .03(6)(g)2 Permit Exemption for Pollution Control The basis of this rule is to provide for an exemption fromobtaining an operating permit for certain activities. The purpose of this revision is to change the exemption for on-site soil or groundwater decontamination units to exclude those units subject to the Site Remediation MACT in Section 112 of the Federal Act, which has recently been incorporated into the Georgia Rules. There is no economic impact to the regulated industry as this rule may actually provide relief by allowing exemptions for certain operations. Rule 391-3-1- .03(8)(c) Permit Requirements The basis of this rule is to require newor modified major sources located in nonattainment areas to obtain emissions "offsets" for newor increased emissions. The purpose of this revisions is to change the rule to require that permittees that are required to obtain offsets for new and modified stationary sources to provide documentation to the Division that they have obtained sufficient offsets prior to startup of the new

or modified stationary source. Cost to affected entities are difficult to ascertain but are expected to be minimal as they will only add an additional administrative burden. Rule 391-3-1- .03(9) Permit Fees

March 22, 2005

### The purpose of this rule is to establish the dollar per ton fee rate for the emission of

specified Criteria Pollutants for each stationary source subject to specified Federal requirements. The purpose of this revision is to set the cost-per-ton for calendar year 2004 emissions and to adopt a new fee manual for calendar year 2004 fees. The fee manual also includes revisions that will allowfor the electronic submission of permit fee reports, a revision that will allowfor the use of continuous emissions rate monitors for calculating fees, and reduces the NOx and VOCthresholds for sources located in the 13-county One-Hour ozone non-attainment area from 50 tons-per-year to 25 tons-peryear to reflect the Atlanta ozone non-attainment area's reclassification fromserious to severe. The only economic impact to the regulated industry is for those sources affected by the Federally mandated reduction in the major source threshold in the form of possible permit fees. Rule 391-3-1- .03(11)(a)3 Permit by Rule Standards The purpose of this rule is to allowfor a standardized and streamlined process for obtaining an operating permit for specified activities. The purpose of this rule revision is to clarify the specific equipment covered by the permit by rule for on-site power generation. There is no economic impact to the regulated industry as this rule may actually provide relief by streamlining the permitting process for certain operations. Rule 391-3-1- .03(11)(b)5 Permit by Rule Standards The purpose of this rule is to allowfor a standardized and streamlined process for obtaining an operating permit for specified activities. The purpose of this rule revision is clarifying the specific equipment covered by the permit by rule for Hot Mix Asphalt Plants. 

### There is no economic impact to the regulated industry as this rule may actually provide relief by streamlining the permitting process for certain operations.

9 March 22, 2005Administrative Materials for SIP Submittal Dated: September 19, 2007 For Rules for Enhanced Inspection and Maintenance Adopted August 29, 2007

1 . A formal letter of submittal fromthe Governor or his designee, requesting EPAapproval of the plan or revision thereof (hereafter "the plan") . The cover letter transmitting these proposed SIP revisions 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 plat), if different fromthe adoption/issuance date. Enclosed, as evidence that Georgia has adopted the rule amendments, is the Certification of Administrative Rules filed with the Secretary of State's office on September 6, 2007, for the Rules for Enhanced Inspection & Maintenance (I&M), Chapter 391-3-20 . 3. Evidence that the State has the necessary legal authority under State lawto adopt and implement the plan. Enclosed is a copy of the Georgia Air Quality Act, Article 2: Motor Vehicle Emission Inspection and Maintenance (C3.C.G.A. 12-9, et . seq .) containing the necessary legal authority under State lawto adopt and implement the revisions . 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 regulati )nl 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 copy of the revisions to the Rules for Enhanced Inspection & Maintenance (I&M), Chapter 391-3- 2U, effective September 26, 20ui, tor approval and incorporation into the plan. 5. Evidence that the State followed all of the p'rocedura( requirements of the State's laws. and Constitution in conducting and completing the adoptionlissuance 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 SIP revision, is the memorandumto the Board of Natural Resources dated August 17, 2007. It includes the memorandumto Carol Couch from I-leather Abrams dated August 17, 2007, stating that no corrrments were received during the public comment period and in the public hearing conducted on August 14, 2007. 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 public hearings(s) were held in accordancewith the information provided in the public notice and the State's laws and constitution, if applicable, Enclosed are copies of the Notice Of Public Hearing and the Certificate of Public Hearing and Rule Adoption for the August 14, 2007 public hearing.

Administrative Materials for SIP submittal dated: September 19, 2007 For Rules for Enhanced Inspection and Maintenance Adopted August 29, 2007Technical Support for SIP submittal dated: September 19, 2007 For Rulesfor Enhanced Inspection and Maintenance Adopted August 29, 2007 Identification of all regulated pollutants affected by the plan. The proposed SIP revisions cover all regulated pollutants. 2. Identification of the locations of affected sources including the EPA attainmentlnon-attainment designation of the locations and the status of the attainment plan for the affected areas(s) . The Rules for Enhanced Inspection and Maintenance are applicable in the 13-county Atlanta 1-hour maintenance area only (Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Flenry, Paulding, and Rockdale counties) . 3. Quantification of the changes in plan allowable emissions fromthe affected sources; estimates of changes in current actual emissions frorn affected sources or, where appropriate, quantification of changes in actual ernissions fromaffected sources through calculations of the differences between certain baseline levels and airowable emissions anticipaceo 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 re-designate 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 . The NAAQS, PSD increments, RFP demonstration and visibility will be protected if these SIP revisions are approved and implemented. 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. Not applicable. 6. Evidence, where necessary, that emission limitations are based on continuous emission reduction technology. Where necessary, the rules adopted requiring emission limitations are based on continuous ernission reduction technology. 7. Evidence that the plan contains emission limitations, work practice standards and recordkeepinglreporting requirements, where necessary, to ensure emission levels. Where necessary, the regulations contain specific emission limitations, work practice standards and record ;~ccping u;;ul rcpertiny rc,,u;rc;ncc'.c to ensure compliance with SIP requirements . 8. Compliance/enforcement strategies, including howcompliance will be determined in practice . Enforcement will be carried out as described in the Division's Enforcement Policy. 9. Special economic and technologicaljustifications required by any applicable EPA policies, or an explanation of why suchjustifications are not necessary . No special economic or technological justifications are required for this proposed SIP revision.

## G eoraia Department of Natural Resources 3 ;nvironmental Protection Division, Air Protection Branch 4244 International Parkway, Suite 120, Atlanta, Georgia 30354

Phone: 40413G3-7000

; Fax: d041363-7100 Noil Holcomb, Commissioner Carol A. Couch, l'h.l) ., Director Heather Abrams, Branch Chid 

### CERTIFICATE OF PUBLIC HEARINGANDRULE ADOPTION I do herebycertify thata public hearingwas held on August 14, 2007, concerning proposed amendments to Georgia's Rules for Enhanced Inspection and Maintenance, Chapter 391- 3-20. Public notices were published in The Atlanta Journal/Constitution, a newspaper of statewide circulation, on July 15; 2007, providing at least 30 days for review and comments. I dofurther certify that the proposed rule amendments were adopted in accordance with the Stateof Georgia's procedures for rule adoption. The proposed rule amendments were adopted by the Board of Natural Resources on August 29, 2007; were filed with the Secretaryof State's office on September6, 2007; and will become effective on September 26, 2007.

J~t'nes P. Johnston, Manager Planning and Support Program

## .L`~"~'I

,

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# PUBLISHER'S AF FI DAVI

ACCOUNT NAME GEORGIADEPARTMENT OF NATURAL RESOURCES

ACCOUNT NO

. G-206592 4b2-773-5457 CEL STATE OF GEORGIA COUNTY OFFULTON "cuo 1"7041-

ANNEWE TYSON, personally appeared before me, the undersigned Notary Public, who states she is a LEGAL NOTICE CLERK for THE ATLANTA JOURNAL AND CONSTITUTION newspaper, a newspaper of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the Advertisement attached hereto and made part of this affidavit appeared in The Atlanta Journal - Constitution on the .following date(s) : JULY 15, 2007.



### SWORN'1"OANDSUBSCRIBED BEFORE ME, THIS 27T1I DAYOF JULY 2007

(NOTARY SIGNATURE) MY COMMISSION EXPIRES MAY 14, 2069EPARTM ENTCFN~TLJRALRE40URC~6 '10T

. . , . CITYOF LAN A ENVIRONMENTALPROTECTIONDIVISION iUEOFAPOUGATONFdR WR17EN CON5ENT "AFINT FORBibs *tjill NOTICE Of PUBLICHEARING J0,01PENA :SRANI & Tust ' I 'h b' ' Th Brh,15nkin N g oo ( t se be visted 1 6 Is !,a 19F AND PROPOSIEClAMENDMENT6TOGEORGIA'S 'M tikl ., , 0

Street . Winston salers, For! PC 14 '1 to , n 0"" as will be so- RULESFOR ENHANCED INSPEC!RONANO,, N . :2 ., pented by The,' men( of r or ant DOP'1, syth,Gouny,North Carolina, has made application to The Feder Cap has Corporation for is -4 0,55 dril MMITE psit Insura t South CHM nue, Or 'consent lo'iusadalliffila branch at 230 Peachtree 'TO NO a Flor 111 3 3 3 7T~ I I be slorm~e~ TS: c s ~a While, -tca Issued in ten in no later than 1 :5,9 p: m . on,Wadnesday

: August i, the Atlanta Journal-,Consi6ueonon Jul 1, 2007. The Street,FulihnCounty, Atlanta, Georgia . "2007. The Pre

"propasell wAfbe heldat 1 f:00 a .n,, nn public hearing date and ce:nment ties have been Any persons wishing to .cornmant on this applicaNan Tuesday, Juty,17,2007, extended The date ofconsideration byThe DNROpera n+ayftle his or her comments m writing with the Re,= "The ChgeiAtlar,ta' "CIry') Is svakln9aqualifiedfirm to is uoehangod.'" - 7Innal Director (DOSJ ofthe Fed,eral Deposa tnsurance ocirsa 1haCk s list Class all . Allmail must qualify TG AL1 .1NTERESTEOPERSONSAND PARTIES : carporation at ifs regional offlce locateda1 70Tell St. pv:` 178 mnsl currentbarcodd presortdiscount postage Notice is tiereby,givpn_that, pursuant to tile aultia0y NE, Srsie~800,Atianta~, GA30309-3449 .. ; :omments by r-au :~pressofty . :f34 ; qormltted b~y regulation of tha sa,l forth below, the?t"snvironhenlal Protection Division iqterested,psni-,es.tn~tberacefvad bythe appropriato~ :~ .h~ : - :-~-tafes (raslal~~arnce-s,{USPS>, (hereinafter, EPD{'j of [be Georgia Depailmantot,Nat" regional dvepluc,j40S) wjtlflrrl5'daysafter date of

, r,uas+ir,nsrsgardngthlg~pio'ecinJayuadirectedto ural Rasourtas proposes Amei,drnents to~Georgias last newspopegrpubhcatidri. The nonconfider!llat por-

' . Min no ~ L Woods, Conlrac?ing.Otflcer, at (404) Rules I& Enhanced inspachon and Maintenance, ~+~ otfi9appIIC ;N~pn,areun,lile in tile regiohei ;nlRce 33p-8271 . " ChPpte; 391-9-20 (hereinafterthe word 1&M ruis and are aw11able-ior'pubJP tnspeotlon during, regular 16Mwill ameodments business hours . ?nqlocopies of the noncorrrrdentliil - - - - - amendments') . Tne, r

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ntr+Yth County, o ar na,,m au rn- bidswnrbe pub~)oly oper" sqate,d read. Ndexlonsion oil natuts,`m"s well as pte-viousty,!ecwUerl .tpessayes, ;'nu`st 'Salem ; tfia~bkfdi ioitWjlihemad - ' In iY f 1h "'fw9at ord Oral if taestehASl}abran4hat230Peacntree5lreet,FONOn ' t"DOF<'1,Sr

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.Cpunty Board

. of-Eduesticn, .t54 Old '- Inclusion mERD's qackage-f6l Ihg Boatd"of Natural Banks to be process,ed' in accnraance with Rule 4 ,GleawoodSprIngsRqpd,Eatisnloq .GA31024. ' Resources, written comments should be received by NCAC3C.OZ01, ;Orawingrs and project manuel,on'tfus,Work may be, close of business, oq August " 15, .2007. Written Thepublic lsemlvdtosubmitwnttencomments o0This axafnirtodalthePuirmm,County BoardotEdueation. beemiladto eppllcalion to 1hv:Corrarllssienar of Banks, 43091 il3tddtitgdocunfenlsttiaybeoPta?nedatttteofflco,4Tthe - EPDCpnlmenis~dnr, ;~§ta.!.fa.us- or- serlLyla ragular Service Center, flalglgh, N .C, 27-fi99-4309

. The co,nir;o,nstvwchon Manac~eT: GMK " 'Associales,Conslruction = matl'aadresaed f! : .Rlanch Chtyf,A,ir Proteotion,&anflr, Inenl-period oilthis apptlcaliuq?wHl end 14 days,trom ~aP .aCe&Aivision;Id"c,'..° SZOT-MainStraet, $uitds$700 . ~~ A244'IhterOalianal Parkway, SUItet~~AOanta, Geor- date,Of puhlir,atina-'fhs Commissioner of Banks vnll Cotumb,ia, 50 2920T, 803-2560(NID ;,Project Manger, -, ~ 30354. - .' . consider comm anis, received wAhin The comment no, nod . =G'arr~ fAorgan

.,Applications for,daodments loge ~pf; .prbosedl8,idruleatPlendments4dAbaconsidered Tritium able depasit o1~S2tt0 .00 par set shnuld'he foradopiiorcby the Board of NeturaPRespurces af.Its - . Gommissioncr of Banks ;ijiod pronlpiiysVitfirth ,with aProject Marl B :dd74, mate" -menlm at 9:00 a.n: q(rAug"ust 2,9--20b7 ;"in Ihe>DNR . amount bq .,fo-warddd'as'3odn as pQs9ible. fu3t, . Board~nym .locale~-a~: ;LhkiItInLUt~ref:}On ,Jr:~Orivo ;', amount-ofoe,readlqr una-et will berefunded Wreath, gylte :f252 EaslTowor;'Allanla,-(ieorgia'~0334 .,-"Ttie NOTICE OF BRANCH OPENING " "drjihe coniractqr c

"~c 9tibmlt8 a bonh tldo bid;upoh meahng i4apartloihvpublic- ~ . Application of Branch Banki bTrust Company,Wiri " 1 At . . . '~~ '~I i air", On ~I- 7 ri T p ru~ _' .Via!' ' . . sl ? i n , p " F. .~' r .. . , . , I -~- t dll q,areon,tild m the regional pipe iorii at ins ti t publication, The norroott1 dennal a

_ ---- . I the p,f,,Ilor, crporiuriri common! ~~ or . ,ald ara a , public inspoyliqrs,dunng regular, BOARDOF EOUCATION n^ business `~rtacopiea~bG~~the' nonco5danflal podron of tr application life will b'e ipade available TI i , 1 p ~ ~ ~~ ny r C m the ~

aimny . EPCT ern . . -~ .d,a , upnnteques' .

. . ~ rece3va ~~ a 2007, Seasad ~ . . . .i ~ ~ International Eu let!F al ~. ~ ~rgte , Porr=ay, l he New . ~~ 0[

.tqv Sllc - .~

. .I ,. -~~~ 9

. At the ptiblie ~or ngaayn~o r rn dOta, 'I *to Couo1, HNyh s;;buol bytna .COUnty Board of Eat,' masa a"siaiemenl, ; ~omntvN M offer a.viswpolnt, or ~ . 'hv` .address belowilntd ~q.~nlg~lekttararalfyori?.w~itlcg, Lenqlhy sizl«nerAS ' ' NQTICE,OFBRANCHQR£NING', ~" ' catch of vianern County, ~` r2~DD'p : I rattime, Augv ~ ~~. ?007; a1yfilclt Iimv ihc or" .,' .qitantsof acons,dera41e4echnical oreconomlG q~ Wicafqnot-&anr:h BankrnN g 6Trust Canipan"y,Win, K' siad nhC Mi tn 4par Ge submMed ,w,r Ing wec raa y APre,-BiofoMerence,iviilTiehaid.Tuasday July 1%,statements shauld~t?ebonpss . .'~ Couhfy;"Atianta,Georgia?obelrnovmas:hePeachtres 20q7 at 9IO

:u0 a " m .docal time In'the 8oerd Gonterenca .VyrPaon eommnts ere wiKcomar -To insure therr - Center OHfce .has been fded with Ihe Commiastoner ot

;taturd ol sC~

.,set~r , oodiwOdntonwltbal iD.]ays n dale of ~pi+hin of~s- All olhnr:'daposits will be' maludorevisionstb~tilstf9l °,20-2t at follows: portion of the appllcatlon tile will be made ava,llab(e HI =~ ~~requasi " , Rule 39t 3 2n. Fi, ., Inspett,omF s : is oeingrnended to u the a~lrp RI , :r. paid by .hp .`

. " ^ owner to r~~ . epertme . =1r,Na'c;,l Resoutces t ~ - ~896 to $4.0

:~ . r Ore- : rchz ~+ .r.cHtNiaats o` " NOTCEORAPPLICATION FOR1NfiiTTHNCONSENT', In, . . . .~ .f it .. .2 . .rsoel . . 1`_NAERAN0.i ." i c,r carq "o re"i, i . n tor Its yiMo+_~~ ~~- , . . . ~ . . ~ ~~IpIIGo is hel . ~ ., .that Breach Banking & Trust ' C~omoanv.^aM, ~_rndS1-~~:,~Wrnsir :r,aterial " or:

,

Tire proposed MA ruleamendments arepropused lot ^' ston-Satem, For§ .y1h Cdurdy, NodhCarolma,forauthoY adorninn pursuant In authqdly.containMd in. Cemgln -ity to establish a'branch e714 NE Rosviell Road, AtMotar~Vehlnte Emission"3nspecliq7t;.a<rid~Maintenahce Ianta Fulton County, Oeorgia-.to-be known as the Aot (Q .C.G :A;Secitont?-9-40' :sAa.} : ~+otyefs Felt Of" has ~vad-Nled w3h the Comma- ~funffed ^+rlth deductions approximately aoshot top ductidn nf-coc0inants upon reltirn;ot .srune, ihign ''dondelorrwl~hln10days e8er,dateofdpoilinybide Contract,,it awarded, will be on a lump surf.basis. No -ufd iroayba vdhdrawn lorap§Piod 0135days aftertime openirig. hasbeen callod,cniha dateof Bidmust be accompanied byahidlwOd in an amount _ not-lass than 5%of the base bid . Persartai checks, The LionsCroup inc. w sealupg-quotsKons ,~0mDBEI 'ceitifred checks, latlrirsof drvd+t, atc ;are not accapb WB5auhadntrecldfslBupplats.qgtGftpdby1h¢Georgia

-;ahla:The successful bf8der,WIN be requiredto iyrmnh DepadmerNof Tra(isbor,la,llonxor;thetollowlng firo1aot. nadormanca and aAvmenl bonds tmao amount ;aqual FGArNAt1?riD23 EdenslanofTaxlwairt .-and2 7R qS id 100~, of"theebhfrabt'ptice. - - ~ - and Tdlefsvay-MPavement Repiacenient :Praject is Ire, The ownerreser4esdhe tightto reiedany and all bids cated at the Hartsfield,iadcsbnAtlanta InternationalAir. "andtowawstechnltalitiesaridlnformaiitles , paItBIdlfatetorthis ptojepls .IuFr1,92007 .TheLaos Stop shall besqbnuttedandaddressed io : Group Inc. Is an Equal Cpporlunlry E`ntployei . Pleasa i- . ~Dr,JimWdlis contar.t5iniayrluArodaalA04"T63-335Sot - County Board at Educationat tinnamcounty synl4lhellbnsglaup,r,om

' Admirds6ativoOffiog, ' 75gOldGlenr,road Spdn4s Road - .- Eatordon,Georgia 3~f024 , 'r°JlTA'.1CN TO M OBE SOLICIT~TION OF SUPPLIE,R AND SUBCON- 'THACTOR CKtOTESFORTHE, Glly atAtlanta Depart-; metal, of Aviation, Hartsilekf Jackson Atlanta in!,, . . , tidrial;Airpod; Exle~slon of' .Taraway L and 27RRSA, and TaxPxay" M

:Pavomanf Replac~menl ProIebt Na.: - FC'.t0070tH7023;

Bid Dalel,Juiy;16, 2W7 1:59 PM . GSC 'Atlanta,Inc., 450Dividend Dnve,Pefaahires City, Gbor-, g1p130269 is"solicitinq ctuotes IForri .snbaemrac'ors and sup pliers certified vril}f~1ha~Cit",~ of"At!ante on Invabwa 'tpierdnqed prajecir GSC .'AUanta Inc, requests the recelptof quotes:onn day pdor'ta bid dale to aria " utir.6rttr-to

"tuvlv avaittete ltrenl-Our ntact pa"sons nn this jop` .ate Sfvve,4tttiq ex*Ornrg Moqer who may be . cor8aofed by tyoqa= aP.,J7o " 497 "g300 or tax at, '770,407 0005

. P~as,acpntayt us,tor,s contplete llstlng ofTVaKavadablefarsubcontractsny--PladaandspeGh- - !,ceironsweavalla~ie forvivtiyfngin ouYPeachlrea Cdy, . i Or3or"iadPocePieasacaittoarrangov7ewitrglimas. - t i I :F0 G-rg,a 1 sent to ii blencr, o' W14 NE Ro6well ap pilcalion -nao- tile -,3 o~ rF, corn-i,otirs ii wit h line Re-

_ oftra Feoy uvposit Ins .rrance z,r 00S~ , ~~naf o1Bcr . terFsl tOTemh51, ril, to too - d bythe appropnate' I up 4 a r r ~

.i ( PO

$ 1 wAhin 16daysaserthe date of

ortfunher`information. oFult gi :t the "r Pi'vtect,ma ;; ar (A Bahkstdl4 otbcessed in-accordance with chat'4o4-363-7nCO. ,V^ u1v4NCAC3CA201 . --

. :-&1r ThepubliclsInvited lo-subnlitWritten commenlaonthi& :



### Top, 6a,legal. (ulve~~ .~ernc~irin tju

r Atlantr~ ..Ir~urnal~Ccmstitutzon cantacttt1ie.Le~plAcliahsi,ng Ret~r'eseniatzve at ~- "

- r '3+6r

.t+-Ulr6't.~2/~~)- 

### Rax . 404-526-5904, a lication Mail lo the Commissioner of Banks pp INVITATION 4309 - TQ'Bt0' ' Serviee Center, Raleigh, N .C . 27-699"4309

. The confi- "

m . ~biotzcltzz-Tr

.tc~ 8~t.ni ::~1?- . D,^aii t~, :Tltaswuss'huicilpz4or "inpuLLhni, ent panod on this appl,cationwill end 1aF days "am as oi pub3lcation. Tha Commissioner of Bank, will consi0er co~nmenls, received within the comment period. , -

, Commissioner olBanks REQUEST FOR BIDS FOR PRIME CQMlJ,ERCIAL " -REAL ESTATE INSANDERSVILLE,GEORGIA

REOUESTFORBIDS The CityofSandorsvdla, Georgiawelt be acceptingbids lot commercial prcparty, located in Sandersville, GA. The =Ts

,l~calocated in an vst2htishad commercial area st§ls of a loft tolaflng 8 457 acres . Bids wllba roceived~until AugIJst 24,2007. ~orcnmpiete-tA,c1 information, please contact 5anderav)lo Public 1Ncrks "Olficedt47&5523459: _ ; , " ' "

RequestforBids~ - GeneralContruolto~i .forf3 pirioorneh!of Rnofin. " Ths Nousing Authoril Y af Paodst Polnt; Geargia wu~re " tot CF-P Merntzaflon Flagella coive bids GA06Pp7850705 and GAO6Pb785Ut06:at ProlecFNo . GA078003 (71 Bldg

s 1, East point, Geor~~Ia.,Hidswill be received untll 2~O0PfA on A+guat 2, 2007;al then6ico finaHousingAulhonty.it 3D56 Norman Berry Drive, tast Polnt dA`3034a.-Fdarled bid8"shouid be ad" dtassedlo

.P,O ."Box91363,Eas(Point,GA30354, -Apre=bid conferencewill he.heldan July25, 2A07; 2 :D0 ' PM`at3055NorrmanBerry Drive,East Point,Geo~gie,' Btddjdtj,`,riHcOments~+n}t,titoriivailtible.for reviewonly afteb Jnno61hat 3056 Norman Barry Drive,East Point GA-4i~tbf¢yrChra3e15~5J at (77f11059-4278" ' TheHouse, I~rlhority ofthe Clty of Eest Point, ueorgla 1sanEquaI~pporionilgEfn6loyat, "r: , . , - IN alook " lonvarQl6,'Pecaiviirg'yourwnlienq~taticn , I Plaase,maKar iexyoursdaPe ielter edvisi .nt_7ua oiynur.- bid, sfaius. Thank you for, youF.part!u3patron, G5C- I rAtfanta Inc it,an EqUAI Oppor<umtylAthrmaluidAcilc{? " Ernnloyer,From : Doralyn Kirkland To: Heather Abrams; JimmyJohnston; Lynne Collier; Pam Earl Date: 9/11/2007 3:10 PM Subject: Fwd: Rule 391-3-20- .21 SOS effective date For your official files--Note the rule is effective Sept 26, but the rule says the newadmn fee is effective Oct 1, >> > Hel3en Harris 9/11/2007 12:31 PM> > > »> "Gilley, Janice" <jgille @sos.,lca,qny> 09/1C/074:34PM»> RC: Rule 391-3-20- .21 amended, Rules of Georgia Department of Natural RPsrn rrces "fhis acknowledqes receipt of your letter, dated September 06, 2007, with which was attached an electronic copy of the above-captioned amendment . We have recorded said amendment as having been received and filed on September 06, 2007, to become effective on September 26, 2007. Sincerely, Coral White Coral White Manager Administrative Procedure Division c_white!"L?sgs.st<2te. a.us CVJ/jg

### CERTIFICATION OF ADMINISTRATIVE RULES FILEDWITH THE SECRETARY OF STATE

KAREN HANDEL (Pursuant to O

.C : .G.A. 5ecs. 50-13-3-, 5C)-13-4, 5C1-i3-6.) i do hereby certify that the attached amendments are correct copies as promulgated and adopted on the 29th day of August 2007. DEPARTMENT OF NATURAL RESOURCES F=ilcd: Septerr~ber h, 2007, Rule, 391-3~-2C)- .21(3) is hereby amended and reads as attached hereto. Authority: 0.C1.G.A

. Section 12-J-20 et

se'q.

CAROL. A. COUCH, Phi .D. Environmental Protection Division Sworn to and subscribed before me this 6th day 

### of1Se,~tember 20Ct(~~

NOTARY111.113tZ IySYCt7WIS51

GEORGIA aW . 11"20W -by, C 3LT

. .

. . ! ."

* !!llltlllll541111 I&LE Ptr)~R50N egal Executive Assistant of Sept6rnb~r 2007. Sworn to and subscribed before me this 6th day Noiic COUNTY,GEORGIA SEPUMBEtt 29, 200Chapter 391-3-20 Enhanced Inspection & Maintenance AMENDMENTS TOTHE RULES OF THE DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION RELATING TO ENHANCED INSPECTION & MAINTENANCE_,

CHAPTER 381-3-20 

### rtuie 3y1- ;5-2U- .2"I subparagraphs (3)(a), (3)(b) thereof, ,elating to " ; ;,cNcction Fees" are being amended by revising subparagraphs (3)(a) and (b), changing subparagraph (b) to (c) and adding new

subparagraphs (b) and (d) . 391-3-20- .21 Inspection Fees. (3) ProgramAdministration Fees. (a) Prior to October 1, 2007, each inspection station owner shall remitto the Director a programadministration fee of six dollars and ninety-five cents ($6.95) for each E-Cert purchased. (b) Effective October 1, 2007, each inspection station owner shall remit to the Director a programadministration fee of four dollars and two cents ($4.02) for each E-Cert purchased. (c) Prior to October 1, 2007, for each fleet inspection station where EPD has required the installation and operation of a video camera surveillance system, the station owner shall remit to the Director a program administration fee of seven dollars and ninetyfive cents ($7.95) for each E-Cert purchased. (d) Effective October 1, 2007, each fleet inspection station where EPD has required the installation and operation of a video camera surveillance system, the 'station owner shall remit to the Director a programadministration fee of five dollars and two cents ($5.02) for each E-Cert purchased. Authority, OCG A § 12-9-40 et seg. as amended.

### A RESOLUTION Adopting Amendments to the Rules for Enhanced Inspection and Maintenance

Chapter 391-3-20 WHEREAS, the Board adopted, under the authority of The Motor Vehicle

Emission Inspection and Maintenance Act, O .C.G.A. 12-9- 40, et seq., the Rules for Enhanced Inspection and Maintenance, Chapter 391-3-20, which became effective on November 2

.1, 1993, and were last amended effective on January 10, 2007; and WHEREAS, the proposal for the amendments to the Rules for Enhanced

Inspection and Maintenance, Chapter 391-3-20, has been prepared by,staff of the Environmental Protection Division and presented to this Board; and WHEREAS, amendments to the Rules for Enhanced Inspection and

Maintenance, Chapter 391-3-20, reduces the administrative fee for inspections paid by the station owners to the Department ; and WHEREAS, a public notice for the Enhanced Inspection and

Maintenance Rule amendments was published in The Atlanta Journal/Constitution on June 15, 2007, and posted on EPD's website; and a public hearing was held on August 14, 2007, to which public participation was invited; and 

### WHEREAS, the impact of the adoption of these proposed rule

amendments on small businesses in the State has been considered and found to be minimal ; and WHEREAS, the cost of adoption of the proposed rule amendments upon

tf,P rPnulated community has been considered and found not to impose excessive regulatory costs on any regulated person or entity which costs could be reduced by a less expensive alternative that fully accomplished the stated objectives of the Georgia Air Quality Act . NOW, THEREFORE, BE IT RESOLVED THAT the Georgia Board of Natural Resources hereby adopts the amendments to the Rules for Rules for Enhanced

### Inspection and Maintenance, Chapter 391-3-20 as attached hereto and

incorporated herein by reference. Adopted this 29`" dayof August 2007. Respectfully submitted by:

/ J. A . V11~ters, Chairman Board of Natural Resources ATTEST: _-fL-' ~ 

### Secretary fJ Board of Natural Resources

# taeorgia Department of Natural Resources 2Martin Luther King, Jr., Drive, S,E., Suite 1152 East, Atlanta, Georgia 30334-4100 Noel C. Holcomb, Commissioner Environmental Protection Division Carol A . Couch, Ph.D Director Phone: 404/656-4713 FAX: 404/651-577© August-17,2007 MEM ORANDUM TO : Board of Natural Resources FROM : Carol A. Couch, Director Environmental Protection Division SUBJECT: Action on Proposed Amendments to Rules for Enhanced Vehicle Inspection and

Maintenance, Chapter 391-3-20

I request the Board's consideration and approval of the following rule revisions: Rules for Enhanced Inspection and Maintenance. Chapter 391-3-20 Rule 391-3-20- .21, "Inspection Fees," is being amended to reduce the administrative fee paid by the station owner to the Department of Natural Resources from $6.95 to $4.02 per prepurchased Certificate of Emission Inspection (and from $7.95 to $5.02 for fleet inspection stations with a required video camera surveillance system) . EPD evaluates administrative costs periodically, and proposes adjustments accordingly. The proposed reductions are based, in part, on lower contractual expenses effective October 1, 2007. EPD will continue to monitor the adequacy of the fees used to cover program functions and will propose amendments as necessary to ensure adequate funding. Please find enclosed for your reviewand consideration: RacLe Y Synopsis of and rationale forthe proposed amendments; A-2 Memorandum

addressing comments received during the public comment period; A-3 r Memorandumregarding the economic impacts of the proposed A-4 amendments on small businesses and the regulated community; Nntir,a of Puhiic Hearinn: A-6 ;- Proposed amendments to the Rulesfor Air Quality showing deletions with stAkeaut-&-and additions with underlines; and A-3 ;r A proposed resolution foradopting the proposed amendments to the rules. A-9 Thank you for your attention to these proposed rule changes. G^.C:f-lA:,!J :!<!c A-1Chapter 391-3-20 Air Quality Rules



### SYNOPSIS OF PROPOSEDAMENDMENTS TOTHE RULES OF THE DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION RELATING TOENHANCEDINSPECTION &MAINTENANCE

CHAPTER 39'l-3-20 Rule 391-3-20- .21 subparagraphs (3)(a), (3)(b) thereof, relating to "Inspection Fees" are being amended by revising subparagraphs (?)(a) and (b), changing subparagraph (b) to (c) and adding new

subparagraphs (b) and (d) . Purpose: Stipulates that the fee paid by the station owner on a per E-Cert (prepurchased electroniccertificate of emission inspection) basis is reduced as of October 1, 2007. Main Features: The administrative fee is being lowered from$6.95to $4.02. The fee for fleet

inspection stations with required video camera surveillance will be lowered from$7.95to $5.02

. 

## STATEMENT OF RATIONALE Rules for Enhanced Inspection and Maintenance Rule 391-3-1-20- .21(3) Program Administration Fees The basis of this rule is to specify the administrative fee paid by the station owner to the Department of Natural Resources. The purpose of this revision is to reduce the fee from $6.95 to $4.02. EPD evaluates administrative costs periodically, and makes adjustments based on the results ofthose analyses. The applicability of this revision is in no way more restrictive than the current rule and does not incur any additional costs to EPD . This change will have a positive impact on the small business owners that conduct vehicle inspections by reducing the costs to them . No costs will be imposed on local governments as they will continue to receive a portion of the fee. There is no cost increase to the general public, as the inspection fee will remain the same.

# Georgia Department of Natural Resources Environmental Protection Division " Air Protection Branch 4244 International Parkway+ Suite 120" Atlanta e Georgia 30354 404/363-7000 " Fax: 4041363-7100

Noel Holcomb, Commissioner Dr. Carol A. Couch, Director Heather Abrams, Branch Chief

Auaust 17, 2007 

### ME_ .MCJR .AND UM To: From : Subject: Carol A

. Couch, Director Environmental Protection Division HeatherAbrams, Chief Air Protection Branch Responses to Comments Received During the Public Comment Period Regarding Proposed Revisions to Rules for Enhanced Inspection and Maintenance, Chapter 391-3-20 

### On July 15, 2007, EPD issued a public notice requesting comments on proposed revisions to the Georgia Rules for Enhanced Inspection and Maintenance, Chapter 391- 3-20 . The proposed changes included thefollowing: o Rule 391-3-20-.21, "Inspection Fees," is being amended to reduce the administrative fee paid by the station owner to the Department of Natural Resources from $6.95to $4.02 per pre-purchased Certificate of Emission Inspection (and from $7.96 to $5.02 for fleet inspection stations with a required video camera surveillance system) . . No comments were received during the comment period. HA:JK:kic

# artment of Natural Resources Small Business Assistance Program 4244 International Parkway, Suite 120, Atlanta, Georgia 30354 Noel Hoicomb, Commissioner Carol A. Couch, Director Phone 404/362-4842 July 31, 2007 MEMORANDUM TO : Carol A. Couch

Director, Environmental Protection Division FROM : Teresa Shiflett Ombudsman, Small Business Environmental Assistance Program SUBJECT: Economic Impact of Proposed Amendments to the Rules for Air Quality Control

Pertaining to Fees Associated with Enhanced Inspection and Maintenance The Administrative Procedures Act requires that in the formation and adoption of any rules which will have an economic impact on businesses in the State, attempts be made to reduce the economic impact of the Rule on small businesses which are independently owned and operated and are not dominant in the field and employ 100 employees or less. The statute specifically requires that four actions be considered in reducing the economic impact. These four actions 3re:

a. ~ . '"i , . .,y~i . .r " ,rementsor reporting requirements or timetables for small Est ablish

### i ng ""~:cc" ." businesses; b. Clarifying, consolidating or simplifying the compliance and reporting requirements under the Rule for small businesses; c. Establishing performance rather than design standards for small businesses; or d. Exempting small businesses fromany or all requirements of the Rules. The Georgia Environmental Protection Division (EPD) is proposing amendments to the Rules for Air Quality Control, Chapter 391-3-1 (Air Quality Rules) . The proposed Air Quality Rules include amendments to the following: ,/ Rut 391-3-1-20-. 21 : [Enhanced I r~' t ction and fylairttc:rtar~cr; .Pro( rain A dministration Fees The fee that operators ofvehicle emissions testing stations pay to pre-purchase emission testing certificates is b3ing lowered by $2.93 per certificate. Effective October 1, 2007, the fee that regular vehicle testing stations paywill be reduced from$6.95 to $4.02 per certificate, and the fee paid by vehicle testing stations with required video camera surveillance will be reduced from$7.95to $5.02,

A-4Memorandum on Small Business Impacts July 31, 2007 page Two In consideration of the four actions required in the State statutefor the proposed changes to the Air Quality Rules, we offer the following comments on the proposed rule amendments: 1 . Different compliance or reporting requirements forsm all businesses :. Yhic iczz,.~P ic nnt On,-r---e for the proposed rule changes. Virtually al lof the affected vehicle emissions testing stations are small businesses. 2. C

onsol idate <~radlor~o,iiY~ ~lif ~;ornf7liance or reportinc r2, r.~irements for srnaIl busino,ssc;s

3. This issue is not germane for the proposed rule changes. Virtually all of the affected vehicle emissions testing stations are small businesses. Dcrformancc rathcr !h?.^ . design standards for small businesses; This issue is not germane for the proposed rule changes. Virtually all of the affected vehicle emissions testing stations are small businesses, 4. Exemptions for small businesses: This issue is not germane for the proposed rule changes. Virtually all of the affected vehicle emissions testing stations are small businesses. In addition, the Administrative Procedures Act requires that " .. .in the formulation and adoption of any rule, an agency shall choose an alternative that does not impose excessive regulatory costs on any regulated person or entity which costs could be reduced by a less expensive alternative that fully accomplishes the stated objectives of the statutes which are the basis of the proposed rule." We have carefully evaluated the impact of the- proposed rule amendments upon the rvyUrdied (;Urrlrlauoiiy, dijd, aftGr careful consideration of same, have determined that the proposed rule amendments do not impose excessive regulatory costs on any regulated person or entity, which costs could be reduced by a less expensive alternative that fully accomplishes the stated objectives of the Georgia Air Quality Act. In fact, the proposed rule amendments will result in reduced fees paid to EPDby the vehicle emissions testing stations for each emissions certificate issued to the vehicle owners . Furthermore, the maximumfee for each emissions test conducted ($25.00) will not be affected by the proposed rule change, and, therefore, will not likely impact the small businesses that own vehicles that require emissions testing. TCfT_llirlrChapter 391-3-20 Air Quality Rules 

### DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION NOTICE OF PUBLICHEARING ANDPROPOSEDAMENDMENTS TOGEORGIA'S "'~# INSPECTIONANDMAINTENANCE r~,vs. .s. .v . . .., . . . ., . . . 

### CHAPTER39'1-3-20 TOALL INTERESTED PERSONSANDPARTIES: 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 Amendments to Georgia's Rules for Enhanced Inspection and Maintenance, Chapter 391-3-20 (hereinafter, "the proposed i&Mrule amendments") . The proposed I&M

rule amendments include revisions to Rule 391-3-20- .21 as follows: Rule 391-3-20- .21, "Inspection Fees," is being amended to reduce the administrative fee paid by the station owner to the Department of Natural Resources from $6.95 to $4.02 per prepurchased Certificate of Emission Inspection (and from $7.95 to $5.02 for fleet inspection stations with a required video camera surveillance system) . This notice, together with an exact copy of the proposed I&Mrule amendments, a synopsis and a rationale of the rule revisions, is being provided to all persons who have requested in writing that they be placed on a notification list. These documents may be viewed at http:llciaepd .orglenvironetl20 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 tne Air Protection Branch at 4041363-7000 or the Environmental Protection Division Director's Office at 1-$88-373-5947. 

### To provide the public an opportunity to comment upon and provide input into the proposed I&Mrule amendment, a public hearing will be held at 5:00 pmon August 14, 2007, in the EPDTraining Center located at 4244 International Parkway, Suite 116, Atlanta, Georgia 30354 . At the public 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 .insure their inclusion in EPD's package for the Board of Natural Resources, written comments should be received by close of business on August 15, 2007. Written comments may be emailed to EPDComrnents0-dnr.state.ga.us or sent via regular mail addressed to: Branch Chief, Air Protection Branch, 4244 International Parkway, Suite 120, Atlanta, Georgia, 30354. A-6Chapter 391-3-20 ' Air Quality Rules The proposed !&Mrule amendments will be considered for adoption by the Board of Natural Resources at its meeting at 9:00a.m . on August 29, 2007, in the DNR Board Roomlocated at 2 Martin Luther King, Jr, Drive, Suite 1252, East Tower, Atlanta, Georgia 30334. The nieeting is open to the public. The proposed I&M

rule amendments are proposed for adoption pursuant to authority contained in Georgia Motor Vehicle Emission Inspection and Maintenance Act (O .C.G.A. Section 12-9-40 et. set7, ). 

### Forfurtherinformation, contact theAir Protection Branch at 404/363-7000.Chapter 391-3-20 Air Quality Rules PROPOSED REVISIONS TOTHE RULES OF THE DEPARTMENTOF NATURAL RESOURCES

RELATING TOTHE ENVIRONMENTAL PROTECTION DIVISION, ENHANCED INSPECTIONAND MAINTENANCE, CHAPTER 391-3-20 The Rules ofthe Department of Natural Resources, Chapter 391-3-20, Enhanced Inspection and Maintenance, are hereby amended, added to, repealed in part, revised, as hereinafter explicitly set forth in the attached amendments, additions, partial repeals, and revisions for specific Rules, or such subdivisions thereof as may be indicated. [Note : Underlined text is proposed to be added. Lined-through text is proposed to be deleted.] 391-3-20- .21 Inspection Fees. Amended. (3) ProgramAdministration Fees. (a) Priorto October 1 2007 E-each inspection station ownershall remit to the Director a programadministration fee of six dollars and ninety-five cents ($6.95) for each E-Cert purchasedCertificate-of--E-missieR-t , t-fer Gert+fieates--issued-fer-ffee reinspestieras-p~ra*fed-for-by-t#"et-,and-this -Gha$tef. (b) Effective October 1 2007, each inspection station owner shall remit to,the_Di reetor a prcrc~ram~rdrninisfratiar~ feeof F agr cfoilar's,artd .two_cents f$4c??? foreach ~

~, ert purchaspd., (bc) Prior to October 1 2007 ¬ for eachfleet inspection station where EPD has required the installation and operation of a video camera surveillance system, the station owner shall remit to the Director a programadministration fee of seven dollars and ninety-five cents ($7.95) for each E-Cert purchasedSer~+fisate-e~Erxrissie:~spesti~-iss~tad,-exsapt-for ¬r-ee-reinspeetiorts-provided--for-by-ttae-Ast-and-this-G#4a-ptef. frlt FffectivP

October 1 2007 each fieet (nsoection st~tic~r ~r~_w~r-re Irf' n_has rcct~~,rire_d the

~~istalt nt ion ~ancg csper~ztion c~ a video camera surveillance s.yst~ m-, the stati arr__

o~v~._ . f~~P r shall remit to the Director,a roq(amadm inistration fee of five dol lars and two cents (55.02) for ettc)t 1 :--C ~rt purchased. Authority, O

.C.G.A, § 12-9-40, et seq., as amended.Chapter 391-3-20 Air Quality Rules



### A RESOLUTION Adopting Amendments to the Rules for Enhanced Inspection and Maintenance

Chapter 391-3-20 WHF;RFAS; the Board adopted, under the authority of The Motor Vehicle

Emission Inspection and Maintenance Act, O.C.G.A. 12-9-40, et seq., the Rules for Enhanced Inspection and Maintenance, Chapter 391-3-20, which became effective on November 21, 1993, and were last amended effective on January 10, 2007; and 

### WHEREAS, the proposal for the amendments to the Rules for Enhanced

Inspection and Maintenance, Chapter 391-3-20, has been prepared by staff of the Environmental Protection Division and presented to this Board; and WHEREAS, amendments to the Rules for Enhanced Inspection and

Maintenance, Chapter 391-3-20, reduces the administrative fee for inspections paid bythe station owners to the Department; and WHEREAS, a public notice for the Enhanced Inspection and Maintenance Rule

amendments was published in The Atlanta Journal/Constitution on June 15, 2007, and posted on EPD's website; and a public hearing was held on August 14, 2007, to which public participation was invited; and WHEREAS, the impact of the adoption of these proposed rule amendments on

small businesses in the State has been considered and found to be minimal ; and WHEREAS, the cost of adoption of the proposed rule amendments upon the

regulated community has been considered and found not to impose excessive regulatory costs on any regulated person or entity which costs could be reduced by a less expensive alternative that fully accomplished the stated objectives of the Georgia Air Quality Act.Chapter 391-3-20 Air Quality Rules



### NOW, THEREFORE, BE IT RESOLVEDTHAT the Georgia Board of Natural Resources hereby adopts the amendments to,the Rules for Rules for Enhanced Inspection and Maintenance, Chapter 391-3-20 as attached hereto and incorporated herein by reference. Adopted this 29'h dayofAugust 2007. Respectfully submitted by: J. A . Walters, Chairman Board of Natural Resources ATTEST: Sar .rPtarv Board of+Natural Resources

# The Georgia Air Quality Act

ARTICLE 2: MOTORVEHICLE EMISSION INSPECTIONAND MAINTENANCE

O .C.G.A. Section 12-9, et seq.

Georgia Department of Natural Resources Environmental Protection Division 

### Effective February 28, 2002 (Final Version as Amended During 2002 Legislative Session)Motor Vehicle Emission I/M Act ""`° °"" O .C.G.A. 12-9 CHAPTER 9 PREVENTION AND CONTROL OF AIR POLLUTION Article 2 Motor Vehicle Emission Inspection and Maintenance 12-9-40. Short title . 12-9-41 . Legislative findings . 12-9-42 . Declaration of public policy . 12-9-43 . Definitions . 12-9-44 . Uniformity and scope of application of article . 12-9-45. Certificate of emission inspection . 12-9-46. Powers and duties of board; designation of

commissioner or director as board's agent . 12-9-47 . Further powers and duties of board; designation

of department personnel as board's agents . 12-9-48 . Requirement of certificate of emission

inspection; standards for issuance; inspectors, equipment, and procedures ; notice of violation of emission standards ; reinspection after repairs ; inspection sticker ; newvehicles ; replacement stickers . 12-9-49 . Application to conduct emission inspections ;

certificate of authorization . 12-9-50. Authority to inspect, monitor, or investigate

inspection stations . 12-9-51 . Emission inspection required for motor vehicle

registration; operation without registration; improper reuse . 12-9-52 . Amendment, modification, revocation, or suspension of certificate of authorization . 12-9-53 . Right of aggrieved or adversely affected person to hearing. 12-9-54 . Sale of vehicle. 12-9-55 . Prohibited acts ; penalty; registration of vehicle

by county without proof of inspection. 

### 12-9-56. Rules and regulations . 12-9-57 . Effect of federal Clean Air Act requirements ;

repeal of article .

AmendedFebruary 28, 2002Motor Vehicle Emission I/M' -t O.C.G.A. 12-9

12-9-40. Short title . This article shall be known and may be cited as the "Georgia Motor Vehicle Emission Inspection and Maintenance Act ." History 12-9-41 . Legislative findings . With respect to the ambient air quality in this state, the 

### General Assembly finds that : (1) Some counties of the state have ambient air levels of ozone or carbon monoxide in excess of the National Ambient Air Quality Standards (NAAQS) for such pollutants specified by the United States Environmental Protection Agency (USEPA) pursuant to the federal Clean Air Act, 42 U.S .C. Section 7401, et seq ., as amended; and that the USEPA has determined that under certain conditions, such excess levels in such counties are directly related to emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles registered in such counties ; (2) In order to comply with federal health related air standards in counties where the USEPA has determined that excess levels of ozone or carbon monoxide or both are directly related to emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles, it is necessary to monitor and limit emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles registered in such counties ; (3) The USEPA has the duty, by law, to designate those areas of the state violating the NAAQS and has and will, from time to time, as facts dictate, designate those counties or areas of the state violating the NAAQS for ozone and carbon monoxide, and the USEPA has the duty, by law, to establish criteria to determine whether the excess levels of ozone or carbon monoxide or both are directly related to emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles in such counties ; (4) With respect to such designations, when counties or areas are designated to have ambient air levels of pollutants in excess of the NAAQS and according to the criteria established by the USEPA the excess levels of pollution are directly related to emissions of hydrocarbons, nitrogen oxides, and carbon monoxide 2 Amended February 28, 2002Motor Vehicle Emission I/M Act O.C.G.A. 12-9 from responsible motor vehicles, the state is under a duty to provide a plan for reducing the ambient air levels of pollutants found to be in excess of the NAAQS if the state is to maintain its authority to permit newor expanded industry in such county or area; and (5) Failure of the state to provide a legally enforceable mechanism pursuant to state law for reducing such pollutants in such counties or areas to levels within the NAAQS will result in such a mechanism subsequently being devised by USEPA and enforced in such areas pursuant to federal law and could result in a significant loss of federal funds for sewage treatment plants, transportation projects, and air quality improvement funds ; further, new or expanded industry which would contribute to the ambient air level of such pollutants would be subject to significant new emission control requirements to offset increased emissions . 12-9-42 . Declaration of public policy. It is declared to be the public policy of the State of Georgia as expressed in this article to preserve, protect, and improve air quality in those counties or areas of the state where the ambient air levels of ozone or carbon monoxide or both are in excess of the NAAQS, as designated by the USEPA and such levels, according to the criteria established by the USEPA, are directly related to the emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles registered in such counties or areas of the state ; and to that end to provide a legally enforceable mechanism for the attainment and maintenance of the NAAQS of such pollutants in such counties or areas of the state by requiring that emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles registered in such counties or areas of the state; shall be subject to inspection of exhaust emissions, evaporative emissions, inspection and maintenance of emission control equipment, and inspection and maintenance of on-board diagnostics to ensure compliance with such emission standards .

Amended February 28, 2002Motor Vehicle Emission I/M' -t O .C.G.A. 12-9 12-9-43. Definitions . As used in this article, the term : (1) "Board" means the Board of Natural Resources . (2) "Certificate of authorization" means a certificate issued by the Department of Natural Resources to each establishment or location designated as an official emission inspection station . (3) "Certificate of emission inspection" means an official certificate that exhaust emissions, evaporative emissions, emission control equipment, and on-board

_ diagnostic equipment have been inspected and approved in accordance with this article and the rules and regulations promulgated pursuant to this article . Such certificates will be furnished to official emission inspection stations by the department to be completed and issued by such stations to the owner or operator of a responsible motor vehicle upon inspection and approval certifying that such responsible motor vehicle has been inspected and complies with the inspection and maintenance required by this article . (4) "Commissioner" means the commissioner of natural resources . (5) "Department" means the Department of Natural Resources . (6) "Director" means the director of the Environmental Protection Division of the Department of Natural Resources . (7) "Emission inspection station" means a motor vehicle dealership, garage, service station, or other establishment designated or operated by the department and which has been issued by the director a certificate of authorization as an emission inspection station authorized to carry out the emission inspections required by this article . (8) "Emission inspection sticker" means a sticker issued in conjunction with a certificate of emission inspection to be displayed on the responsible motor vehicle . (9) "Exhaust emission" means : 4 AmendedFebruary 28, 2002Motor Vehicle Emission I/M Act O.C.G.A. 12-9 (A) The act of releasing hydrocarbons, nitrogen oxides, or carbon monoxide into the atmosphere by means of a motor vehicle exhaust system ; or (B) The material so passed into the atmosphere . (10) "Evaporative emission" means : (A) The act of releasing hydrocarbons into the atmosphere by means of evaporation from a motor vehicle; or (B) The material so passed into the atmosphere. (11) "Federal Clean Air Act" means 42 U.S .C. Section 7401, et seq ., as amended . (12) "Highway" means any road or way publicly maintained and open for use by the public for vehicular traffic . (13) "Hydrocarbons" means any compound containing carbon and hydrogen. (14) "Inspection term" means the period of time a certificate of emission inspection shall be considered valid . The specific period of an inspection term shall be established by the rules and regulations promulgated pursuant to this article; provided, however, an inspection term shall be no less than 12 months . (15) "Mechanic inspector" means a person approved and issued a license by the department to perform the emission inspections required by this article . (16) "Model year" means the manufacturer's annual production period, as determined by the director, provided that, if the manufacturer has no annual production period, the term "model year" shall mean the calendar year . The model year shall be determined by the vehicle identification number appearing on the vehicle . (17) "Motor vehicle" means any contrivance propelled by power other than muscular power, used for transportation of persons or property on highways, and not operated exclusively upon tracks . (18) "National Ambient Air Quality Standard" or "NAAQS" means those allowable ambient air concentrations for pollutants, including ozone and carbon monoxide, Amended February 28, 2002