## Georgia Departmentof Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway Suite 120 Atlanta Georgia 30354 4041363-7000 Fax:4041363-71 00 Chris Clark,Commissioner

F. Allen Barnes, Director



## AUG 

## 2 

# - 2010

Mr.A. Stanley Meiburg Acting Regional Administrator U.S. EPA, Region IV 61 Forsyth Street, S.W. Atlanta, Georgia 30303-31 04
Re: State Notification Under the Greenhouse Gas Tailoring Rule Dear Mr. Meiburg:
The U.S. Environmental Protection Agency (EPA) promulgated final action on Prevention of Significant Deterioration and Title 

### V Greenhouse Gas Tailoring Rule (referred to as "tailoring rule")on June 3, 2010 [75 FR 31 514-316081.
The tailoring rule included in 40 CFR 52.21, for the first time, a definition for "subject to regulation." The definition for "subject to regulation" is included as 40 CFR 52.21(b)(49). The Georgia Environmental Protection Division (EPD) implements a SIP-approved PSD program and this letter addresses a request for information found in the preamble to the tailoring rule on page 31582 of Volume 75 of the Federal Register. The request is shown in the following paragraph. "For this purpose, we ask each state to submit a letter to the appropriate EPA Regional Administrator no later than August 2, 2010. In that letter, the state should explain whether it will apply EPAJsmeaning of the term "subject to regulationJ'and if so, whether the state intends to incorporate that meaning of the term through interpretation, and without undertaking a regulatory or legislative process. If a state must undertake a regulatory or legislative process, then the letter should provide an estimate ofthe time needed to adoptthe final rules." Georgia EPD intends to adopt EPA's definition of the term "subject to regulation" through rulemaking by incorporating by reference the federal definition asfound at 40 CFR 52.21(b)(49) in Georgia Rule 391-3-1-.02(7). Georgia EPD anticipates completing this rulemaking by January I, 2011.
The tailoring rule included in 40 CFR 70, for the first time, a definition for "subject to regulation." The tailoring rule also amended the existing definitionof "major source." This letter addresses a request for information found in the preamble to the tailoring rule on page 31584 of Volume 75 of the Federal Register. The request is shown inthe following paragraph.

### Re: State Notification Underthe Greenhouse Gas Tailoring Rule Page 2.



### "In addition to the information requested previously on SIP-approved PSD permit programs, we ask each state to submit a letter to the appropriate EPA Regional Administrator no later thanAugust 2, 2010 detailing the state's plan forpermitting of 

### GHGsources underthe state's part 70program. In that letter, states should explain whether they will adopt an interpretation of the terms "major source" or any of its component terms-"a major stationary source," 

### "anyair pollutant, " 

### or "subject to regulation, "

### or the numerical thresholds-that is consistent with EPA's regulatory interpretation of these terms as codified at 40 CFR 70.2, and whether the state intends to adopt the interpretation without undertaking a regulatory or legislative process

... 

### If a state must revise its title 

### V regulations or statutes to implement the interpretation, we ask that it provides an estimate of the time to adopt final rules orstatutes in its letter to the Regional Administrator. " 

### Georgia EPD intends to adopt EPA's definition of the terms "major source" and "subject to regulation" through rulemaking by incorporating by reference the federal definition as found at 40 

### CFR 70.2 

### in Georgia Rule 391-3-1-.03(10). 

### Georgia EPD anticipates completing this rulemaking by January 1,2011.


### If you have any questions or need more information, please contact Jimmy Johnston at (404) 363-7014 

### or via email atjimmy.johnston@dnr.state.ga.us.


### Sincerely,

F.Allen Barnes Director

FAB: JAC: J



### J

c: Jimmy Johnston