Georgia Department of 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, 201 0 [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 EPAJs meaning 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 of the time needed to adopt the 

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 as found at 40 CFR 52.21(b)(49) 

in Georgia Rule 391-3-1-.02(7). Georgia EPD anticipates completing this rulemaking by 

January I, 201 1. 

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 definition of "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 in the following paragraph. 
Re: State Notification Under the 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 

than August 2, 2010 detailing the state's plan for permitting of GHG sources under the state's 

part 70 program. 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, " 

"any air 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 or statutes 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, 201 1. 

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

363-7014 or via email at jimmy.johnston@dnr.state.ga.us. 

Sincerely, 

F. Allen Barnes 

Director 

FAB: JAC: J J 

c: Jimmy Johnston