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 new source 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 V Operating Permits Applicability Provisions 

The basis of this rule is to specify the sources that are required to obtain a Title V permit . 

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 from the 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 from Title V permitting . No costs will be imposed on local governments or the general 

public . 

Rule 391-3- .03(10)(g) Title V Operating Permits - Insignificant Activities List 

The basis of this rule is to provide a list of source activities that are considered 

insignificant activities for Title V permitting 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 allow the 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. EPA as 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, 2006 
Chapter 391-3-1 Air Quality Rules 

general order should not apply to a particular individual or source, EPD has 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 

PROPOSED AMENDMENTS TO THE RULES OF THE 

DEPARTMENT OF NATURAL RESOURCES 

ENVIRONMENTAL PROTECTION DIVISION 

RELATING TO AIR 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 $2500 to 

$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 the following 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 purpose for 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 V funded activities within EPD. 

There is an economic impact to the regulated industry resulting from the 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 from 2004 Procedures to 2005 Procedures 

The following 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 . 

The dollar per ton rate is increased from $32.50 per ton to $33 .00 per ton. 

" The Part 70 minimum fee is increased from $2500 to $3800. 

" The Synthetic Minor fee is increased from $1000 to $1500 . 

" The NSPS fee remains unchanged at $1500. 

Page 2 of 2 April 16, 2006 
SYNOPSIS OF PROPOSED AMENDMENTS TO THE 

RULES FOR AIR QUALITY CONTROL, CHAPTER 391-3-1 

Rule 391-3-1-.02(2), relating to "Emission Limitations and Standards," is being 

amended by adding new paragraph (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 

tech nology"(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 review requirements 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 VOC and 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 from March 31 to July 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 maximum annual 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 maximum capacity 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 from 300 to 100 kilowatts. 

Rule 391-3-1-.03(9)(b), relating to "Permit Fees," is being amended . 

Purpose : To add the permit fee requirements for Calendar Year 2003. 

Main Features: The rule is being amended to incorporate the new permit 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 

few minor updates . 
iJ2 L' . . ot`"I 

SYNOPSIS OF PROPOSED AMENDMENTS 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 purpose for amending paragraph (nnnn) is to update the 

definition of "Procedures for Testing and Monitoring Sources of Air 

Pollutants" to the effective date of the current revision. 

Main Features: The "Procedures for Testing and Monitoring Sources of Air 

Pollutants" is updated with 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 

program and establish a compliance date for covered facilities . 

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 6 and 7 . 

Purpose: Major stationary sources of VOC 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 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. EPA as 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. EPA as 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 2 and 3.(i)(I) . 

Purpose : This clarifies the exemption for individual dispensers used 

exclusively for fueling vehicles 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 of vehicles 

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 6 adds new certification requirements. Subparagraphs 

7 and 8 prohibit anyone from removing 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 from Small Fuel-Burning Equipment," is being amended by 

extending the time preceding the ozone season each year, from the month of April to the 

period between February 1 and May 1, during which subject facilities may perform tuneups 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 tech nology"(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 review requirements 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 new paragraph (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 conducive to formation of air pollution . 

Rule 391-3-I-.02, paragraph (9) relating to "Emission Standards for Hazardous Air 

Pollutants," is being amended by replacing existing subparagraph (b) with new 

subparagraph (b) . 

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: New standards for Plywood and Composite Wood Products, Organic 

Liquid Distribution, Surface Coating of Automobiles and Light-Duty 

Trucks, Surface Coating 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 PROPOSED AMENDMENTS TO THE RULES OF THE 

DEPARTMENT OF NATURAL RESOURCES 

ENVIRONMENTAL PROTECTION DIVISION 

RELATING TO AIR (~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, 2006 
Rule 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 New Source 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 review including 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 for Air Quality 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 

EPD staff 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 from the December 31, 2002, Federal Rule. These differences 

include: 

" Options that streamline the emissions calculations, such as the option to exclude , 

malfunction emissions from calculations. 

" Increased record keeping and reporting to provide EPD with 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 them consistent with Georgia 

permitting requirements . 

January 29, 2006 
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 new 

source review. Any impact on EPD's staffing or budgetary needs that result from these 

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 from obtaining 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 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 new major 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 from these 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 PROPOSED AMENDMENTS TO THE 

RULES FOR AIR 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 Program and, as such, are required to submit the hourly 

average emission rates to EPA each quarter. The records are 

available for review by the Division and for public review through 

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 "New Source Performance 

Standards," is being amended. 

Purpose : To adopt the New Source 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: New standards 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 from Mercury 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: New text 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 

from 300 to 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 New Source 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: New text 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 from unpermitted modifications remain below the levels 

stated in the Rule. 

Main Features : New text 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 new requirements 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, from 2,000 to 

1,000 hours per year, the maximum time 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 

from 2,000 to 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 from 100 horsepower to 

100 kilowatts . 
~1V1c.Ilr,~~L`~ 

SYNOPSIS OF 

THE PROPOSED AMENDMENTS TO THE RULES OF THE 

DEPARTMENT OF NATURAL RESOURCES 

ENVIRONMENTAL PROTECTION DIVISION 

RELATING TO AIR QUALITY, 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 them in 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, 2005 
14 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 the Ambient 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° C and 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 

from the 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 new paragraph (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 from the 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, 2005 
Rule 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 of the 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 Act which 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 new or 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 form withdrawing the credits from the bank. If 

the credits are owned by another person or entity, the current owner must 

submit a form transferring the credits to the owner/operator that will be using 

3 March 22, 2005 
the credits . Owners/operators that do not obtain offsets from the 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 from the 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 new subparagraph (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 2004 fee 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 2004 will 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 VOC thresholds 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 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, 2005 
Purpose: 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 : The wording "with external combustion fuel-burning equipment rated at less 

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

5 March 22, 2005 
STATEMENT OF RATIONALE 

THE PROPOSED AMENDMENTS TO THE RULES OF THE 

DEPARTMENT OF NATURAL RESOURCES 

ENVIRONMENTAL PROTECTION DIVISION 

RELATING TO AIR QUALITY, CHAPTER 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 any additional 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 EPA as 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 after January 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 them by 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) from December 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) Ambient Air 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 

Ambient Air 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 from obtaining 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 from obtaining 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 new or modified major sources located in nonattainment areas to obtain emissions "offsets" for new or 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 allow for the electronic submission of permit fee 

reports, a revision that will allow for the use of continuous emissions rate monitors for 

calculating fees, and reduces the NOx and VOC thresholds 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 from serious 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 allow for 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 allow for 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, 2005 
Administrative 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 from the Governor or his designee, requesting EPA approval 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 from the 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 law to 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 law to 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 

memorandum to the Board of Natural Resources dated August 17, 2007. It includes the memorandum to 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 accordance with 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, 2007 
Technical Support for SIP submittal dated : September 19, 2007 

For Rules for 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 from the affected sources ; estimates of changes in 

current actual emissions frorn affected sources or, where appropriate, quantification of changes in actual 

ernissions from affected 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 how compliance will be determined in practice . 

Enforcement will be carried out as described in the Division's Enforcement Policy . 

9. Special economic and technological justifications required by any applicable EPA policies, or an explanation of 

why such justifications are not necessary . 

No special economic or technological justifications are required for this proposed SIP revision . 
Georaia 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 HEARING AND RULE ADOPTION 

I do hereby certify that a public hearing was 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 do further certify that the proposed rule amendments were adopted in accordance with 

the State of 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 

Secretary of State's office on September 6, 2007; and will become effective on September 

26, 2007. 

J~t'nes P. Johnston, Manager 

Planning and Support Program 
.L `~" ~'I 

, 

ajc.cort3 

PUBLISHER'S AF FI DAVI 

ACCOUNT NAME GEORGIA DEPARTMENT OF NATURAL RESOURCES 

ACCOUNT NO. G-206592 4b2-773-5457 CEL 

STATE OF GEORGIA 

COUNTY OFFULTON 

" cuo 1"7 041- 

ANNE WE 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"O AND SUBSCRIBED BEFORE ME, 

THIS 27T1I DAY OF JULY 2007 

(NOTARY SIGNATURE) 

MY COMMISSION EXPIRES MAY 14, 2069 
EPARTM ENTCFN ~TLJRALRE 40URC~6 

'10T 

. . . , 

CITY OF LAN A ENVIRONMENTAL PROTECTION DIVISION iUE OF APOUGATON FdR WR17EN CON5ENT 

"AFINT FOR Bibs *tjill NOTICE Of PUBLIC HEARING J0,01PENA:SRANI 

oo N ( ' I 'h b' ' Th Brh,15nkin g & Tust 

t se be visted 1 6 Is !,a 19F AND PROPOSIEClAMENDMENT6 TO GEORGIA'S 'M tikl., , 0 Street . Winston salers, For! 

PC 14 '1 to , n 0"" as will be so- RULES FOR 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 nue, t South CHM 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, -t ca Issued in ten 

in no later than 1:5,9 p: m. on, Wadnesday: August i, the Atlanta Journal-,Consi6ueon on Jul 1, 2007 . The 

Street, Fulihn County, Atlanta, Georgia . 

"2007. The Pre"propasell wAf be 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 of consideration by The DNR Opera n+ayftle his or her comments m writing with the Re,= 

"The Chg eiAtlar,ta' "CIry ') Is svakln9 a qualified firm to is uoehangod.' " - 7Innal Director (DOSJ of the Fed,eral Deposa tnsurance 

ocirsa 1haCk s list Class all . All mail must qualify TG AL1 .1NTERESTEO PERSONS AND PARTIES: 

carporation at ifs regional offlce located a1 70 Tell St. 

pv :` 178 mnsl current barcodd presort discount postage Notice is tiereby,givpn_that, pursuant to tile aultia0y NE, Srsie~800, Atianta~, GA 30309-3449..;:omments by 

r-au :~pressoft y . :f34 ; qormltted b~y regulation of t ha sa,l forth below, the? t"snvironhenlal Protection Division iqterested,psni-,es.tn~t be racefvad by the appropriato~ 

: ~.h~: -:-~-tafes (raslal~~arnce-s,{USPS>, (hereinafter, EPD{'j of [be Georgia Depailmant ot,Nat" regional dvepluc,j40S) wjtlflrrl5'days after date of 

, r,uas+ir,nsrsgardngthlg~pio'ecinJay uadirectedto 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 in spachon and Maintenance, ~+~ otfi9appIIC;N~pn,are un,lile in tile regiohei;nlRce 

33p-8271 . " ChPpte; 391-9-20 (hereinafterthe word 1&M ruis and are aw11able-ior'pubJP tnspeotlon during, regular 

16M will ameodments business hours. ?nqlocopies of the noncorrrrdentliil 

- - - - - amendments') . Tne, r 

__CITYOFATIANTA-'t . ., . 

ADvEn'- FMENT FOP RIDS 

, FG ~.t .~170Wt . 

~Rlva~beadv,--u .~, naslenc,r .,. . tlstr - 

iN10' l`v aaea 

ntr+Yth County, o ar na, ,m au rn- bids wnrbe pub~)oly oper" sqate,d read. Nd exlonsion 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 

Rduiri; Puutam .Cpunty Board. of-Eduesticn, .t54 Old '- Inclusion m ERD'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 lsemlvdtosubmit wnttencomments o0This 

axafnirtodalthePuirmm,County BoardotEdueation. be em iladto 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 oil this 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,idrule atPlendments4dAbaconsidered 

Tritium able de pasit o1~S2tt0.00 par set shnuld'he for adopiiorcby the Board of NeturaPRespurces af.Its - . Gommissioncr of Banks 

;ijiod pronlpiiy sVitfirth 

,with 

a Project 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-of oe,readlqr una -et will be refunded Wreath, gylte :f252 Easl Towor;'Allanla,-(ieorgia'~0334.,-" Ttie NOTICE OF BRANCH OPENING " 

"drjihe coniractqr c"~c 9tibmlt8 a bonh tldo bid ;upoh meahng i4apart lo ihv public- ~ . Application of Branch Banki b Trust Company, Wiri " 

1 At . . i . '~~ '~I 

air", On 

~I- 7 ri 

T 

p ru~ 

_' .Via!' ' . . sl ? i 

n , 

p" F . .~' r .. . , . , 

I -~- t iorii at ins ti dl l q ,are on,tild m the regional pipe 

t publication, The norroott1 dennal a 

_ ---- . I the p,f,,Il or, crporiuriri common! ~~ or . ,ald ara a , public inspoyliqrs,dunng regular, 

BOARD OF EOUCATION n^ business `~rtacopiea~bG~~the' nonco5danflal 

TI i , 1 p ~ ~ ~~ ny podron of tr application life will b'e ipade available 

m the EPC T r aimny C ern . . . ~ -~.d,a , upnn teques'. 

. . ~ rece3va ~~ a 2007, Seasad ~ 

. . . 

.i ~ ~ International Porr=ay, E u le t!F al ~ . ~ ~rgte , 

l he New . 

~~ 

. tqv Sllc - . ~. . I ,. -~~~ 9 0[ 

. At the ptiblie ~or ng aayn~o r rn dOta, 

'I *to Couo1, HNyh s;;buol by tna.COUnty Board of Eat,' masa a"siaiemenl,; ~omntvN M offer a. viswpolnt, or 

. ~ 'hv`.address below ilntd ~q .~nlg~l ekttar aralfyori?.w~itlcg, Lenqlhy sizl«nerAS ' ' NQTICE,OF BRANCH QR£NING ', ~ " ' catch of vianern County, ~` 

r2~DD'p : I rat time, Augv ~ ~~ . ?007; a1 yfilclt Iimv ihc or " .,' .qitantsof a cons,dera41e4echnical or economlG q~ Wicafqn ot-&anr:h BankrnN g6 Trust Canipan"y, Win, 

siad K' nh C Mi tn 

4par Ge submMed ,w,r Ing w ec 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 eomm nts ere wiKcomar -To insure therr - Center OHfce.has been fded with Ihe Commiastoner ot 

;taturd ol sC~. , set ~r , ood iwOdnton wltbal i D .]ays n 

dale of ~pi+hin of ~s- All olhnr:'daposits will be' 

maludorevisions tb~tilstf9l HI °,20-2t at follows : portion of the appllcatlon tile will be made ava,llab(e 

=~ 

~~ 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 rule amendments are propused lot ^' ston-Satem, For§.y1h Cdurdy, Nodh Carolma, for authoY 

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 ;Seciton t?-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 iroay ba vdhdrawn lor a p§Piod 0135 days after time 

has been callod,cniha date of openirig . 

Bid must be accompanied by a hid lwOd in an amount _ 

not-lass than 5% of the base bid. Persartai checks, The Lions Croup inc . w sealupg-quotsKons ,~0m DBEI 

' ceitifred checks, latlrirs of drvd+t, atc ; are not accapb WB5 auhadntrecldfslBupplats.qgtGftpd by1h¢ Georgia 

-;ahla: The successful bf8der, WIN be required to iyrmnh DepadmerN of Tra(isbor,la,llonxor;the tollowlng firo1aot. 

nadormanca and aAvmenl bonds tmao amount ;aqual FGArNAt1?riD23 Edenslan of Taxlwairt .-and 2 7R qS 

id 100~, of"the ebhfrabt'ptice. - - 

~ 

- and Tdlefsvay-M Pavement Repiacenient : Praject is Ire, 

The owner reser4esdhe tight to reied any and all bids cated at the Hartsfield,iadcsbn Atlanta International Air. 

"andtowawstechnltalitiesaridlnformaiitles , paItBIdlfatetorthis ptojepls .IuFr1,92007 .TheLaos 

Stop shall be sqbnuttedand addressed io: Group Inc . Is an Equal Cpporlunlry E`ntployei. Pleasa 

i-. ~Dr,JimWdlis contar.t5iniayrluArodaalA04"T63-335Sot 

- County Board at Education at tinnam county synl4lhellbnsglaup,r,om 

' Admirds6ativo Offiog, ' 

75g Old Glenr,road Spdn4s Road - 

.- Eatordon,Georgia 3~f024 , 

'r°JlTA'.1CN TO M 

OBE SOLICIT~TION OF SUPPLIE,R AND SUBCON-

'THACTOR CKtOTES FOR THE, Glly at Atlanta Depart-; 

metal, of Aviation, Hartsilekf Jackson Atlanta in!,,.. 

, tidrial;Airpod; Exle~slon of'.Taraway L and 27R RSA, 

and TaxPxay" M:Pavomanf Replac~menl ProIebt Na.: 

- FC'.t0070tH7023; Bid Dalel,Juiy ;16, 2W7 1:59 PM. GS C 

'Atlanta, Inc ., 450 Dividend Dnve, Pefaahires City, Gbor-, 

g1p130269 is " solicitinq ctuotes IForri.snbaemrac'ors and 

suppliers certified vril}f~1ha~Cit",~ of"At!ante on Inv abwa 

'tpierdnqed prajecir GSC.'AUanta Inc, requests the 

recelpt of quotes:onn da y 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,a cpntayt us,tor, s contplete llstlng 

ofTVaKavadablefarsubcontractsny--PladaandspeGh- - 

! , ceirons we avalla~ie for vivtiyfng in ouYPeachlrea Cdy, . 

i Or3or"iadPocePieasacaittoarrangov7ewitrglimas. - 

t 

i 

I :F0 G-rg,a 

1 

sent to ii blencr, o' W14 NE Ro6well 

appilcalion 

-nao- tile -,3 o~ rF, corn-i,otirs ii wit h line Re- 

_ z,r 00S~ of tra Feo y uvposit Ins.rrance 

, ~~naf o1Bcr . terFsl tOTemh51, 

ril, to too - I up 4 a d by the appropnate' 

r r ~. i ( PO $1 wAhin 16 days aser the date of 

ort funher` information . oFult gi:t the "r Pi'vtect,m a ; ;ar (A Bahks tdl4 otbcessed in-accordance with 

chat'4o4-363-7nCO . ,V^ u1v4NCAC3CA201 . -- 

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

Top, 6 a, legal. 

(ulve~~.~ernc~irin tju r 

Atlantr~. .Ir~urnal~Ccmstitutzon 

cantactt t1ie.Le~plAcliahsi,ng 

Ret~r'eseniatzve at ~ - 

" 

- r '3+6r.t+-Ulr6't.~2/~~)- 

Rax. 404-526-5904, 

a pp lication lo the Commissioner of Banks Mail INVITATION 

4309 

- TQ'Bt0' ' Serviee Center, Raleigh, N.C. 27-699 "4309. The confi- " 

~biotzcltzz-Tr.tc~ 8~t . .ni: :~1?- m. 

D,^aii t~, :Tltaswuss'huicilpz4or "inpuLLhni, 

ent panod on this appl,cation will end 1aF days 

"am 

a 

s 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 

REOUEST FOR BIDS 

The City of Sandorsvdla, Georgia welt be accepting bids 

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 

wll ba roceived~until AugIJst 24, 2007 . ~or cnmpiete-tA,c1 

information, please contact 5anderav)lo Public 1Ncrks 

" Olficedt47&5523459 : _ ; , " ' " 

RequestforBids~ -

General Contruolto~i.for f3 pirioorneh! of Rnofin . " 

Ths Nousing AuthorilY af Paodst Polnt; Geargia wu~re" 

coive bids tot CF-P Merntzaflon Flagella 

GA06Pp7850705 and GAO6Pb785Ut06:at ProlecFNo. 

GA078003 (71 Bld gs1, East point, Geor~~Ia.,Hidswill be 

received untll 2~O0PfA on A+guat 2, 2007; al the n6ico 

f in a Housing Aulhonty.it 3D56 Norman Berry Drive, 

tast Polnt dA`3034a.-Fdarled bid8"shouid be ad" 

dtassedlo.P,O."Box91363,Eas(Point,GA30354, 

-Apre=bid conference will he.heldan July 25, 2A07; 2:D0 

' PM`at3055NorrmanBerry Drive,East Point,Geo~gie,' 

Btddjdtj,`,riHcOments~+n}t,titoriivailtible.for review only 

afteb Jnno 61h at 3056 Norman Barry Drive,East Point  

GA-4i~ tbf ¢yrChra3e15~5J at (77f11059-4278" 

' The House, I~rlhority ofthe Clty of Eest Point, ueorgla 

1sanEquaI~pporionilgEfn6loyat, "r: , . , - 

IN alook" lonvarQl6,'Pecaiviirg'yourwnlienq~taticn , 

I Plaase,maK ar iex your sdaPe ielter edvisi.nt_7 ua oi ynur.-

bid, sfaius. Than k you for, youF.part!u3patron, G5C - 

I rAtfanta Inc it, an EqUAI Oppor<umtylAthrmaluid Acilc{? " 

Ernnloyer, 
From: Doralyn Kirkland 

To: Heather Abrams; Jimmy Johnston; 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 new admn 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 

FILED WITH 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(~~ 

NOTARY 111.113tZ 

IySY Ct7WIS51 

GEORGIA 

aW. 11"20W 

-by, 3 C LT . . 

. . ! ." 

* !!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, 200 
Chapter 391-3-20 Enhanced Inspection & Maintenance 

AMENDMENTS TO THE 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) Program Administration Fees . 

(a) Prior to October 1, 2007, each inspection station owner shall 

remit to the Director a program administration 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 program administration 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 

program administration fee of five dollars and two cents ($5 .02) for 

each E-Cert purchased . 

Authority, O C G 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`" day of 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 

2 Martin 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 

MEMORANDUM 

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 review and consideration : 

RacLe 

Y Synopsis of and rationale for the proposed amendments; A-2 

Memorandum addressing comments received during the public comment 

period ; A-3 

r Memorandum regarding 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 Rules for Air Quality showing deletions 

with stAkeaut-&-and additions with underlines ; and A-3 

;r A proposed resolution for adopting 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-1 
Chapter 391-3-20 Air Quality Rules 

SYNOPSIS OF 

PROPOSED AMENDMENTS TO THE RULES OF TH E 

DEPARTMENT OF NATURAL RESOURCES 

ENVIRONMENTAL PROTECTION DIVISION 

RELATING TO ENHANCED INSPECTION & 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 electronic certificate of emission inspection) basis is reduced as of 

October 1, 2007 . 

Main Features : The administrative fee is being lowered from $6 .95 to $4.02. The fee for fleet 

inspection stations with required video camera surveillance will be lowered 

from $7.95 to $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 of those 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 

Heather Abrams, 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 the following : 

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 .95 to $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 

3 re: 

a . ~

. '"i , . .,y~i ..r " 

,rements or 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 from any 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 Administration 

Fees 

The fee that operators of vehicle 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 pay will 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 $7.95 to $5.02, 

A-4 
Memorandum on Small Business Impacts 

July 31, 2007 

page Two 

In consideration of the four actions required in the State statute for the proposed changes to the 

Air Quality Rules, we offer the following comments on the proposed rule amendments: 

1 . Different compliance or re porting requirements for small 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. Consolidate <~radlor~o,iiY~ ~lif ~;ornf7liance or reportinc r2, r .~ire ments for srna Il 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 standard s 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 EPD by the vehicle emissions testing stations for each emissions 

certificate issued to the vehicle owners . Furthermore, the maximum fee 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_llirlr 
Chapter 391-3-20 Air Quality Rules 

DEPARTMENT OF NATURAL RESOURCES 

ENVIRONMENTAL PROTECTION DIVISION 

NOTICE OF PUBLIC HEARING 

AND PROPOSED AMENDMENTS TO GEORGIA'S 

"' r~,vs~# . .s. .v . . .., . ..., . . . INSPECTION AND MAINTENANCE 

CHAPTER 39'1-3-20 

TO ALL INTERESTED PERSONS AND PARTIES: 

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

Protection Division (hereinafter, "EPD") of the Georgia Department of Natural 

Resources proposes Amendments to Georgia's Rules for Enhanced Inspection and 

Maintenance, Chapter 391-3-20 (hereinafter, "the proposed i&M rule 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&M rule 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&M rule amendment, a public hearing will be held at 5:00 pm on August 14, 

2007, in the EPD Training 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-dn r.state .ga.us or sent via regular mail addressed to : Branch Chief, 

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

A-6 
Chapter 391-3-20 ' Air Quality Rules 

The proposed !&M rule amendments will be considered for adoption by the Board of Natural 

Resources at its meeting at 9:00 a.m . on August 29, 2007, in the DNR Board Room located 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, ) . 

For further information, contact the Air Protection Branch at 404/363-7000 . 
Chapter 391-3-20 Air Quality Rules 

PROPOSED REVISIONS TO THE RULES OF THE 

DEPARTMENT OF NATURAL RESOURCES 

RELATING TO THE 

ENVIRONMENTAL PROTECTION DIVISION, 

ENHANCED INSPECTION AND MAINTENANCE, CHAPTER 391-3-20 

The Rules of the 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) Program Administration Fees. 

(a) Prior to October 1 2007 E-each inspection station owner shall remit to the Director a 

program administration 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_Direetor a 

prcrc~ram ~r drninisfratiar~ feeof Fagr cfoilar's,art d .two_cents f$4 c??? for each ~ ~, ert purchaspd., 

(bc) 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 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~z tion c~ a vide o camera surveillance s.yst~m-, the statiarr__ o~v~ ._ f~~P. r shall re mit to 

the Director,a roq(am administration fee of five dollars and two cents (55 .02) for ett c)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 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 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 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'h day of August 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: MOTOR VEHICLE EMISSION 

INSPECTION AND 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 ; new vehicles ; 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 . 

Amended February 28, 2002 
Motor 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, 2002 
Motor 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 new or 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, 2002 
Motor 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 Amended February 28, 2002 
Motor 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