Chapter391-3-1 Rules for Air Quality Control



### A RESOLUTION Adopting Amendments to the Rules forAir Quality Control, Chapter391-3-1 WHEREAS, the Board adopted, underthe authority ofThe GeorgiaAirQuality Act, O.C.G.A. 12-9-1, et seq., the Rules forAir Quality Control, Chapter391-3-1, which became effective on September26, 1973, and were last amended effective on March 7, 2012;and WHEREAS, the United States Environmental Protection Agency (U.S. EPA) requires that the various Rules for Air Quality Control, Chapter 391-3-1, be modified, as to their coverage and requirements, in orderfor Georgia to retain Federal approval under the Clean AirAct (CAA); and WHEREAS, the proposal for the amendments to the Rules for Air Quality Control, Chapter 391-3-1, has been prepared by staffofthe Environmental Protection Division and presented to this Board; and WHEREAS, amendments to the Rules for Air Quality Control, Chapter 391-3-1, will revise various portions of Rule .01 "Definitions" pertaining to Paragraph (nnnn) "Procedures for Testing and Monitoring Sources of Air Pollutants", Rule .02 "Provisions" pertaining to Subparagraph (2)(c) "Incinerators", Subparagraph (2)(www) "Sewage Sludge Incineration Units Constructed On or Before October 14, 2010", Paragraph (7) "Prevention of Significant Deterioration ofAir Quality", Paragraph (8) "New Source Performance Standards", and Subparagraph (9)(b) "Emission Standards for Hazardous Air Pollutants", and Rule .03 "Permits" pertaining to Paragraph (6) "Exemptions" subparagraph (i) 

### "Other''; and WHEREAS, a public notice for the Air Quality rule amendments was posted on The Air Protection Listserv 

### on Friday, March 9, 2012, along with EPD's Environet website; and a public hearing was held on April 16, 2012, 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 either minimal or if greaterthan minimal, unavoidable due to federal requirements and appropriately minimized; 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 accomplishes the stated objectives ofthe Georgia AirQualityAct.Chapter391-3-1 Rules forAirQuality Control

NOW, THEREFORE, BE IT RESOLVED THATthe Board of Natural Resources hereby adopts the amendments to the Rules forAirQuality Control, Chapter 391-3-1, as attached hereto and incorporated herein by reference. Adopted this 271 h day ofJune 2012. Respectful!

Robert D. Leebern, Jr., Acting C Board ofNatural Resources

ATTEST:June 15, 2012 

# Georgia Department of Natural Resources 2 Martin Luther King, Jr., Drive, S.E., Suite 1152 East, Atlanta, Georgia 30334-4100 MarkWilliams, Commissioner 

### Environmental Protection Division Judson H. Turner, Director Phone: 404/656-4713 FAX: 404/651-5778



### MEMORANDUM

FROM: Board of Natural Resourcel 

# JJ Judson H. Turner, Director ' 

# rn TO:

Environmental Protection · ision 

### SUBJECT: Action on Proposed Amendments to the Rules for Air Quality Control, Chapter 391-3-1 Pertaining to Miscellaneous Changes and Updates

I request the Board's consideration and approval ofthefollowing rule revisions: 

### Rules forAir Quality Control, Chapter391-3-1 Rule 391-3-1-.01(nnnn), the definition of 

### "Procedures for Testing and Monitoring Sources ofAir Pollutants" is amended to reference the most recent revision ofthe manual. 

### Rule 391-3-1-.02(2)(c), "Incinerators" is being revised to exempt certain incinerators from the state rule that are subjectto more stringent, state adopted federal standards. 

### Rule 391-3-1-.02(2)(www), "Sewage Sludge Incineration Units Constructed On or Before October 14, 2010" is being added to comply with Federal guidelines to impose limits on emissions of nine pollutants from existing Sewage Sludge Incineration (SSI) units. 

### Rule 391-3-1-.02(7), "Prevention of Significant Deterioration of Air Quality," is being amended to incorporate the most recent version ofthefederal regulations by reference. 

### Rule 391-3-1-.02(8)(b), "New Source Performance Standards" is being revised to incorporate the new Performance Standards and change the amendment dates ofthe existing standards to include the latest amendment dates to update the Georgia Rules to ensure consistency between the State and Federal programs. 

### Rule 391-3-1-.02(9)(b), "Emission Standards for Hazardous Air Pollutants," is being updated with newemissions standards and the latest amendment dates ofthe existing rules are being incorporated into the Georgia Rules by reference to ensure consistency between the State and Federal programs. 

### Rule 391-3-1-.03(6), "Exemptions," is being amended to include a new permit exemption for small modifications at existing quarries that are not majorsources.

A-1Board ofNatural Resources June 15, 2012 Page Two

Please find enclosed foryour review and consideration: Synopsis and Statement of Rationaleforthe proposed amendment to Rules forAirQuality Control; Notice of Public Hearing; Memorandum summarizing comments on the proposed revision; Memorandum regarding the economic impacts ofthe proposed amendment on small businesses and the regulated community; Proposed amendments to the Rules forAirQuality Control showing deletionswith strikeouts and additionswith underlines; and A proposed resolution for adopting the amendments to the rules.

Thank you foryour attention tothese proposed rule changes. I recommend adoption ofthe proposed amendments as presented.

JHT:JJ:klc Attachments

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### A- 8 A -10 A 

### -11 A- 13 A- 51Chapter 391-3-1 Rules for Air Quality Control 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-.01, subparagraph (nnnn), relating to "Definitions," is being amended. Purpose:

Main Features: The definition of the Procedures for Testing and Monitoring Sources ofAir Pollutants (PTM) is being amended to reference the most recent revision of the PTM. Procedures are being amended to add monitoring and compliance procedures for a new source category, amend the general prov1s1ons, add new continuous em1ss1on monitoring requirements, and add quality assurance provisions consistent with U.S. EPA. The reference date for the Procedures for Testing and Monitoring Sources of Air Pollutants is being updated to the most recent revision, February 1, 2012. Rule 391-3-1-.02(2)(c), "Incinerators," is being amended. Purpose:

Main Features: An exemption is added to subparagraph (c) to exempt incineratorsthat are subjectto more stringentfederal standards that are adopted elsewhere in rule 391-3-1-.02. Additional subparagraphs are added, following subparagraph (c)6.(viii), which will exempt incinerators that are subjectto Rules 391-3-1- .02(2)(www), 391-3-1-.02(8)(b)20., 391-3-1-.02(8)(b)74., 391-3-1- .02(8)(b)76., and 391-3-1-.02(8)(b)83. from the provisions of subparagraph (c).

Rule 391-3-1-.02(2)(www), "Sewage Sludge Incineration Units Constructed On or Before October 14, 2010," is being added. Purpose:

Main Features: To comply with the requirements of40 CFR Part 60, Subpart MMMM (Emission Guidelines and Compliance Timesfor Existing Sewage Sludge Incineration Units), promulgated by EPAon March 21, 2011 (76 FR 15372). This new rule imposes limits on emissions ofnine pollutantsfrom existing Sewage Sludge Incineration (SSI) units. An existing SSI unit is one that is located atawastewatertreatmentfacility and that commenced construction on or before October 14, 2010. There are eight affected units atfourfacilities: R.M. Clayton Water Reclamation Center in Atlanta, Utoy CreekWater Pollution Control Plant in Atlanta, R.

### L. Sutton Water Pollution Control Plant in Smyrna, and the City ofSavannah Water

A-3

### Chapter 391-3-1 Rules forAir Quality Control 

### Pollution Control Plant. (There are two units at each plant.). The nine pollutants consist offourcriteria pollutants and five airtaxies. Georgia will adoptthe Federal rule by reference, with the exception ofsome provisions primarily related to operating limits, performance testing and monitoring, demonstration ofinitial and continuous compliance, and reporting and record keeping. These provisions have been addressed by revisions to the Air Branch's ProceduresforTesting and Monitoring Sources ofAir Pollutants (PTM) Manual.

Rule 391-3-1-.02(7), "Prevention of Significant Deterioration of Air Quality," 

### is being amended. Purpose:

Main Features: 

### This rule is being revised to incorporate the most recent version of the federal rule for Prevention of Significant Deterioration of Air Quality by reference. Subparagraph (a)1. is revised to change the date of the federal Prevention of Significant Deterioration of Air Quality (PSD) regulation incorporated by reference from June 3, 2010 to July 20, 2011. This subparagraph is also revised to clarify that all dates associated with incorporating the federal rules by reference refer to the date of publication ofthose rules in the Federal Register. Since June 3, 2010, through July 20, 2011, EPA has made the following changes to the PSD regulation that are addressed herein: October 20, 2010: Established key components for making PSD permitting determinations for fine particle pollution

- increments, significant impact levels (Sils), and a significant monitoring concentration (SMC). In this final rule, EPA required states, in accordance with section 166(b) of the Clean Air Act, to submit revised implementation plans to EPAfor approval within 21 months ofpromulgation, that is, by July 20, 2012 (75 FR 64898). March 30, 2011. Issued an interim rule to effectuate and extend a stay of a final rule published in the Federal Register on December 19, 2008, that required that fugitive emissions be included in determining whether a physical or operational change results in a major modification only for sources in designated industries. EPA had issued a stay on March 31, 2010, that was effective through October 3, 2011. This interim rule specifies the revisions of the specific paragraphs in the federal rule affected by the stay and extends the stay until EPA completes its reconsideration ofthe December 19, 2008 rule. May 18, 2011: Repealed the grandfather provision for PM2.5 contained in the federal PSD permit program. EPD had not adopted this provision since it was so narrow that it did not apply to anyone in Georgia. Subparagraph (b)6. is revised to remove the reference to 40 CFR 52.21 (i)1.(xi) since that paragraph was removed from the federal PSD regulations.

A-4Chapter 391-3-1 Rules forAir Quality Control July20, 2011: Defers, fora period ofthree years, greenhouse gas (GHG) permitting requirements for carbon dioxide (C02) emissions from biomass-fired and other biogenic sources. This deferral was implemented immediately by EPD based on the special language we included in ourGHG permitting rule.

Rule 391-3-1-.02(8)(b), "NewSource Performance Standards," is being amended. Purpose:

Main Features: To adoptthe Federal Emission Standards into the Georgia Rules by reference to ensure consistency between the State and Federal programs. New performance standards are being adopted and the latest amendment dates since the last rule making are being incorporated into the rules. The incorporation by reference of40 CFR Part 60 Subpart 

### LLLL for New Sewage Sludge Incineration Units is added.

Rule 391-3-1-.02(9)(b) - "Emission Standards for Hazardous Air Pollutants" is being amended. Purpose:

Main Features: To adoptthe Federal Emission Standards into the Georgia Rules by referenceto ensure consistency between the State and Federal programs. Newemission standards are being adopted and the latest amendment dates sincethe last rule making are being incorporated intothe rules. The incorporation by reference of40 CFR Part 63, Subpart, EEEEEEE, forthe Gold Mine Ore Processing and Production Area Source Category is added.

Rule 391-3-1-.03(6) -"Exemptions" is being amended. Purpose:

Main Features: To include a new permit exemption for small modifications at existing quarries that are not majorsources. The new permit exemption would allowexisting quarries that are not majorsources to get credit forequipmentthat is replaced or permanently shut down when determining ifpermitting is required forcertain modifications.

A-5Chapter 391-3-1

STATEMENT OF RATIONALE Rules for Air Quality Control Rulesfor Air Quality Control

Rule 391-3-1-.01(nnnn)- Definition of "Procedures forTesting and Monitoring Sources of Air Pollutants" 

### The basis of the definition of "Procedures for Testing and Monitoring Sources ofAir Pollutants" is to specify the document that is used to identify those procedures used for testing and monitoring sources of air pollution. The purpose ofthis rule revision is to update the effective dateto reference a revised manual. This revision is administrative in nature and does not incur any additional costs to the Environmental Protection Division orthe regulated industry.

Rule 391-3-1-.02(2)(c) -Incinerators 

### The basis of the subparagraph (c)6. exemption of incinerators from subparagraph (c) is that these incinerators are subject to different, but more stringent, incineration standards in 391-3-1- .02 that are based on federal standards. Such incinerators easily comply with the emission standards of subparagraph (c), being subject to opacity and particulate matter standards that are equal to or more stringent than those in subparagraph (c). This revision is administrative in nature and is in no way any more restrictive than the Federal requirements forwhich the exemptions are based and does not incur any additional costs to the regulated industry or publicthan are required to meetthe Federal requirements.

Rule 391-3-1-.02(2)(www)- Sewage Sludge Incineration Units Constructed On or Before October 14, 2010 

### The basis ofthe new rule is U.S. EPA's Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units, codified in 40 CFR Part 60, Subpart MMMM. The purpose of the rule is for Georgia's affected existing SSI units to achieve compliance with the emissions limits specified in 40 CFR Part 60, Subpart MMMM. This rule revision, which adopts by reference the Federal rule, imposes new emissions limits on existing incineration units that are used to incinerate wastewatertreatment sludge. This revision is administrative in nature and is in no way any more restrictive than the Federal requirements and does not incur any additional costs to the regulated industry, local government, or publicthan are required to meetthe Federal rule

A-6Chapter 391-3-1 Rules for Air Quality Control

Rule 391-3-1-.02(7) - Prevention ofSignificant Deterioration ofAir Quality 

### The basis of this rule is to specify the provisions for the permitting of new major sources and major modifications to existing major sources in areas that are designated as "attainment" or "unclassifiable" for National Ambient Air Quality Standards. The purpose of this revision is to incorporate by reference the most recent version ofthe federal rule. This revision does not incur any additional costs to the Environmental Protection Division orthe regulated industry beyond what is required under the existing Federal permitting requirements. Adoption of the increment for fine particulate matter may result in additional costs to regulated industrial sources that will have to comply with this new requirement. The specific cost would depend upon the nature of each individual project. Rule 391-3-1-.0B(b)- NewSource PerformanceStandards 

### The basis of this rule is to adopt the Federal New Source Performance Standards (NSPS) by reference. The purpose for this revision is to adopt the new performance standards and to incorporate the latest amendment dates and all associated changes made to the Federal NSPS rules into the Georgia rules. This revision is administrative in nature and is in no way any more restrictive than the Federal requirements and does not incurany additional costs to the regulated industry or public than are required to meetthe Federal rule.

Rule 391-3-1-.02(9) - Emission Standards for Hazardous Air Pollutants 

### The basis of this rule is to adopt the Federal Emission Standards for Hazardous Air Pollutants by reference. The purpose of this revision is to adopt new emission standards and to incorporate the latest amendment dates and all associated changes made to the Federal NESHAP rules into the Georgia rules. This revision is administrative in nature and is in no way any more restrictive than the Federal requirements and does not incur any additional costs to the regulated industry or publicthan are required to meetthe Federal rule.

Rule 391-3-1-.03(6)- Exemptions, Subparagraph (i}, Other. 

### The basis of this rule to provide exemptions from the requirements to obtain an air quality construction or operating permit. The purpose of this amendment is to include a new permit exemption for small modifications at existing quarries that are not majorsources. This revision would potentially allow more small modifications at existing quarries to be exempt from permitting. This would result in cost savings for both the regulated industry and the Environmental Protection Division. New quarries and large modifications at existing quarries would still be subjectto permitting.

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

DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION 

### NOTICE OF PUBLIC HEARING AND PROPOSED AMENDMENTS TO GEORGIA'S RULES FORAIR QUALITY CONTROL CHAPTER391-3-1

TO ALL INTERESTED PERSONSAND 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 Air Quality Control, Chapter 391-3-1 (hereinafter, "the proposed Air Rule Amendments"). The Director of EPD certifies that the revision of these rules are required to comply with Sections 110(a)(2)(C), 110(a)(2)(F), 111(d), and 161 of the federal Clean Air Act and to exercise authority approved and/or delegated by the U.S. Environmental Protection Agency to implement Sections 110, 111, and 112 ofthe federal Clean AirAct. The proposed Air Rule Amendments are described below: 

### Rule 391-3-1-.01(nnnn), the definition of 

### "Procedures for Testing and Monitoring Sources ofAir Pollutants" is amended to reference the most recent revision ofthe manual. 

### Rule 391-3-1-.02(2)(c), "Incinerators" is being revised to exempt certain incinerators from the state rule that are subjectto more stringent, state adopted federal standards. 

### Rule 391-3-1-.02(2)(www), "Sewage Sludge Incineration Units Constructed On or Before October 14, 2010" is being added to comply with Federal guidelines to impose limits on emissions of nine pollutants from existing Sewage Sludge Incineration (SSI) units. 

### Rule 391-3-1-.02(7), "Prevention of Significant Deterioration of Air Quality," is being amended to incorporatethe most recentversion ofthe federal regulations by reference. 

### Rule 391-3-1-.02(8)(b), "New Source Performance Standards" is being revised to incorporate the new Performance Standards and change the amendment dates ofthe existing standards to include the latest amendment dates to update the Georgia Rules to ensure consistency between the State and Federal programs. 

### Rule 391-3-1-.02(9)(b), "Emission Standards for Hazardous Air Pollutants," is being updated with newemissions standards and the latest amendment dates ofthe existing rules are being incorporated into the Georgia Rules by reference to ensure consistency between the State and Federal programs. 

### Rule 391-3-1-.03(6), "Exemptions," is being amended to include a new permit exemption for small modifications at existing quarries that are not majorsources.

A-8Chapter 391-3-1 Rules forAirQuality Control



### This notice, together with an exact copy ofthe proposed Air Rule Amendments, a synopsis, and a statement of 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://gaepd.org/environet/1 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 rnay also be requested by contacting the Air Protection Branch at 404/363-7000 or the Environmental Protection Division Director's Office at 1-888-373-5947. To provide the public an opportunity to comment upon and provide input into the proposed Air Rule Amendments, a public hearing will be held at 3:30 p.m. on April 16, 2012, in the EPD Training Center located at 4244 International Parkway, Suite 116, Atlanta, Georgia 30354. At the hearing, anyone may present data, rnake 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 forthe 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 April 30, 2012. Written comments may be emailed to EPDComments@dnr.state.ga.us or sent 

### via regular mail addressed to: Branch Chief, Air Protection Branch, 4244 International Parkway, Suite 120, Atlanta, Georgia, 30354. The proposed Air Rule Amendments will be considered for adoption by the Board of Natural Resources at its meeting at 9:00a.m. on June 27, 2012, in the DNR Board Room located at 2 Martin Luther King, Jr. Drive, Suite 1252, East Tower, Atlanta, Georgia 30334. The meeting is open to the public. The proposed Air rule amendment is proposed for adoption pursuant to authority contained in Georgia Air Quality Act (O.C.G.A. Section 12-9-1 et. seq.). For further information, contact the Air Protection Branch at404/363-7000.

A-9June 6, 2012 

## Georgia Department of Natural Resources Environmental Protection Division • Air Protection Branch 4244 International Parkway • Suite 120 • Atlanta • Georgia 30354 404/363-7000 • Fax: 404/363-7100 MarkWilliams, Commissioner Judson H. Turner, Director

MEMORANDUM To:

From: Subject: Judson H. Turner, Director Environmental Protection Division James A. Capp, Chief Air Protection Branch Responses to Comments Received During the Public Comment Period Regarding Proposed Amendments to the Rules for Air Quality Control, Chapter 391-3-1 Pertaining to Miscellaneous Changes and Updates

On March 9, 2011, EPD issued a public notice requesting comments on the proposed revisions to the Georgia Rules forAirQuality, Chapter391-3-1. The proposed changes included the following rules:

o Rule 391-3-1-.01(nnnn), the definition of "Procedures forTesting and Monitoring Sources ofAir Pollutants" is amended to reference the most recent revision ofthe manual.

o Rule 391-3-1-.02(2)(c), "Incinerators" is being revised to exemptcertain incinerators from the state rule that are subjectto more stringent, state adopted federal standards.

o Rule 391-3-1-.02(2)(www), "Sewage Sludge Incineration Units Constructed On or Before October 14, 2010" is being added to comply with Federal guidelines to impose limits on emissions of nine pollutants from existing Sewage Sludge Incineration (SSI) units.

o Rule 391-3-1-.02(7), "Prevention of Significant Deterioration of Air Quality," is being amended to incorporate the most recent version ofthe federal regulations by reference.

o Rule 391-3-1-.02(8)(b), "New Source Performance Standards" is being revised to incorporate the new Performance Standards and change the amendment dates ofthe existing standards to include the latest amendment dates to update the Georgia Rules to ensure consistency between the State and Federal programs.

o Rule 391-3-1-.02(9)(b), "Emission Standards for Hazardous Air Pollutants," is being updated with new emissions standards and the latest amendment dates of the existing rules are being incorporated into the Georgia Rules by reference to ensure consistency between the State and Federal programs.

o Rule 391-3-1-.03(6), "Exemptions," is being amended to include a new permit exemption for small modifications atexisting quarries that are not majorsources. A public hearing was held at 3:30 p.m. on April 16, 2012, in the EPD Training Center located at 4244 International Parkway, Suite 116, Atlanta, Georgia 30354. No public comments were received during the comment period. No changes are recommended for these proposed rule revisions.

JAC:JJ:klc

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### June 6, 2012 MEMORANDUM 

## Georgia Department of Natural Resources Environmental Protection Division • Air Protection Branch 4244 International Parkway • Suite 120 • Atlanta • Georgia 30354 

### 404/363-7000 • Fax: 404/363-7100 MarkWilliams, Commissioner Judson H. Turner, Director



### TO: Judson H. Turner, Director Environmental Protection Division FROM: James

### A. Capp, Chief Air Protection Branch SUBJECT: Economic Impact of Proposed Amendments to the Rules forAirQuality Control, Chapter391-3-1 Pertaining to Miscellaneous Changes and Updates

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, the agency reduce the economic impact of the Rule on small businesses which are independently owned and operated and are not dominant in their field and employ 100 employees or less. The statute specifically requires that one or more ofthe following actions be implemented when it is legal and feasible in meeting the stated objectives of the statutes which are the basis of the proposed rule in reducing the economic impact. These fouractions are:

a. Establishing different requirements or reporting requirements or timetables for small businesses; b. Clarifying, consolidating or simplifying the compliance and reporting requirements under the rules forsmall businesses;

c. Establishing performance rather than design standards for small businesses; or d. Exempting small businessesfrom any or all requirements ofthe 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 rule amendments include the following: Rule 391-3-1-.01(nnnn), 

### the definition of "Procedures for Testing and Monitoring Sources of Air Pollutants" 

### is amended to reference the most recent revision ofthe manual. Rule 391-3-1-.02(2)(c), "Incinerators" 

### is being revised to exempt certain incinerators from the state rule that are subjectto more stringent, state adopted federal standards. Rule 391-3-1-.02(2)(www), "Sewage Sludge Incineration Units Constructed On or Before October 14, 2010" 

### is being added to comply with Federal guidelines to impose limits on emissions of nine pollutants from existing Sewage Sludge Incineration (SSI) units.

A-11

### Small Business Impact Memo Rules forAir Quality Control, Chapter 391-3-1 June 6, 2012 Page 2 of2 

### Rule 391-3-1-.02(7), "Prevention of Significant Deterioration of Air Quality," is being amended to incorporate the most recent version ofthefederal regulations by reference. 

### Rule 391-3-1-.02(8)(b), "New Source Performance Standards" is being revised to incorporate the new Performance Standards and change the amendment dates ofthe existing standards to include the latest amendment dates to update the Georgia Rules to ensure consistency between the State and Federal programs. 

### Rule 391-3-1-.02(9)(b), "Emission Standards for Hazardous Air Pollutants," is being updated with new emissions standards and the latest amendment dates ofthe existing rules are being incorporated into the Georgia Rules by reference to ensure consistency between the State and Federal programs. 

### Rule 391-3-1-.03(6), "Exemptions," is being amended to include a new permit exemption for small modifications at existing quarries that are not majorsources. In consideration ofthe four actions required in the State statute forthe proposed changes to the AirQuality Rules, we offerthe following comments on the proposed rule amendments: 1. Different compliance or reporting requirements for small businesses: This issue is not germaneforthe proposed rule changes. 2. Consolidate and/orsimplify compliance or reporting requirements for small businesses: This issue is not germane forthe proposed rule changes. 3. Performance ratherthan design standards for small businesses: This issue is notgermane forthe proposed rule changes. 4. Exemptions for small businesses: The modification to 391-3-1-.03(6), Exemptions, provides an alternative procedurefor determining when modifications to an existing source are exempt from permitting. It allows sources to subtract out emission decreases that have recently occurred at a facility when determining ifthe emissions increase from a new project must obtain a permit. This exemption applies to rock mines and quarries, some ofwhich may be 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 thatfully accomplishes the stated objectives ofthe statutes, the basis ofthe proposed rule." In general, the proposed rules are required to comply with federal requirements or are administrative in nature. Therefore they 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 ofthe Georgia Air Quality Act. The modification to the Exemptions rule reduces the regulatory burden to regulated entities. JAC:JJ:klc A-12

### Chapter391-3-1 Rules forAir Quality Control

PROPOSED AMENDMENTS TO THE RULES OF THE DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION RELATING TO AIR QUALITY, CHAPTER 391-3-1

The Rules ofthe Department of Natural Resources, Chapter391-3-1, AirQuality Control are hereby amended, addedto, repealed in part, revised, as hereinafterexplicitly setforth in the attached amendments, additions, partial repeals, and revisions forspecific rules, orsuch subdivisions thereof as may be indicated. 

### [Note: Underlined text is proposed to be added. Lined-through text is proposed for deletion.]

Rule 391-3-1-.01, "Definitions," is hereby amended by striking Subparagraph (nnnn) in its entirety and inserting in lieu thereof a newSubparagraph (nnnn) to read as follows: 

### (nnnn)"Procedures for Testing and Monitoring Sources ofAir Pollutants" or "PTM" means the Georgia Department of Natural Resources 

### Procedures for Testing and Monitoring Sources ofAir Pollutants dated October 1, 2011 Februarv 1, 2012.



### Rule 391-3-1-.02(2)(c), "Incinerators" is being revised to exempt certain incinerators from the state rule that are subject to more stringent, state-adopted, federal standards. 

### (c) 

### Incinerators. 1. Except as specified in the section dealing with conical burners, no person shall cause, let, suffer, permit, or allowthe emissions offly ash and/or other particulate matterfrom any incinerator, in amounts equalto or exceeding thefollowing: (i) Units with charging rates of500 pounds perhourorless ofcombustible waste, including water, shall not emitfly ash and/or particulate matter in quantities exceeding 1.0 pound per hour. (ii) Units with charging rates in excess of500 pounds per hourofcombustible waste, including water, shall notemitfly ash and/or particulate matter in excess of0.20 pounds per 100 pounds ofcharge. 2. No person shall cause, let, suffer, permit, orallowfrom any incinerator, visible emissions the opacity ofwhich is equal to or greaterthan twenty (20) percent exceptforone 6-minute period perhour of not more than twenty-seven (27) percent opacity. 3. No person shall cause orallow particles to be emitted from an incineratorwhich are individually large enough to be visible to the unaided eye.

A-13Chapter 391-3-1 Rules forAir Quality Control 4. No person shall operate an existing incinerator unless: (i) it is a dual or multiple chamber incinerator; (ii) it is equipped with an auxiliary burner in the primary chamberforthe purpose ofcreating a pre-ignition temperature of800°F; and (iii) it has a secondary burnerto control smoke and/orodors and maintain atemperature ofat least 1500°F in the secondary chamber. 5. Designs otherthan those mentioned in Subparagraph 4. above shall be considered on an individual basis and will be exemptfrom the provisions if, in thejudgment ofthe Director, said design results in performancewhich meets the standard set forth in paragraphs (2)(c)1., 2. and 3. above. 6. The provisions ofthis Subsection (c) shall not applyto: (i) any hazardous waste incineratorsubjectto Section 391-3-11 ofthe Georgia Rules for Hazardous Waste Management, 40 CFR 264, Subpart 

### 0, as adopted by reference, "Standards for Owners and Operators of HazardousWaste Treatment, Storage and Disposal Facilities," as amended; (ii) any incineratorsubject to Section 391-3-1-.02(8)(b)71. ofthe Georgia Rules forAirQuality Control, "Standards of Performancefor Municipal Waste Combustors forWhich Construction is Commenced After September20, 1994," as amended; (iii) any incinerator subjectto the Georgia State Plan, underSection 111(d) ofthe federal Act, for "Municipal Waste Combustors forWhich Construction is Commenced On or Before September20, 1994," as amended; (iv) any incineratorsubjectto Section 391-3-1-.02(8)(b)73. ofthe Georgia Rules forAirQuality Control "Standards of Performancefor Hospital/Medical/Infectious Waste IncineratorsforWhich Construction is Commenced AfterJune 20, 1996," as amended; (v) any incineratorsubject to Section 391-3-1-.02(2)(iii) ofthe Georgia Rules forAirQuality Control "Hospital/Medical/Infectious Waste Incinerators forWhich Construction is Commenced On or Before June 20, 1996," as amended; (vi) any incineratorsubjectto Section 391-3-1-.02(8)(b)75. ofthe Georgia Rules forAirQuality Control "Standards of Performancefor Commercial/Industrial/Solid Waste IncineratorsforWhich Construction is CommencedAfter November30, 1999," as amended; (vii) any incinerator subject to Section 391-3-1-.02(2)(ppp) ofthe Georgia Rules for Air Quality Control "Commercial/Industrial/Solid Waste Incinerators" forWhich Construction is Commenced On or Before November30, 1999," as amended; Gf (viii) anyvent gas incineration devices that are used as air pollution control equipment and boilers and industrial furnaces that burn waste (excluding hazardous waste) as a fuel;

A-14Chapter 391-3-1 Rules for Air Quality Control Cixl any incineratorsubjectto Section 391-3-1-.02(8)(b)20. ofthe Georgia Rules forAirQuality Control "Standards of Performancefor SewageTreatment Plants," as amended; (x) any incineratorsubjectto Section 391-3-1-.02(8)(b)74. ofthe Georgia Rules forAirQuality Control "Standards of Performancefor Small Municipal Waste Combustion Units forWhich Construction is CommencedAfterAugust 30, 1999,"as amended; (xi) any incineratorsubjectto Section 391-3-1-.02(8)(b)76. ofthe Georgia RulesforAirQuality Control "Standards of Performancefor OtherSolid Waste Incinerator Units forWhich Construction is CommencedAfter December9, 2004, orforWhich Modification or Reconstruction is Commenced on orAfterJune 16, 2006," as amended; (xii) any incineratorsubjectto Section 391-3-1-.02(8)(b)83. ofthe Georgia Rules forAirQuality Control "Standards of Performancefor New Sewage Sludge Incineration Units" as amended; or (xiii) any incineratorsubjectto Section 391-3-1-.02(2)(www) ofthe Georgia Rules forAirQuality Control "Sewage Sludge Incineration Units Constructed On or Before October 14, 2010" as amended;

Rule 391-3-1-.02(2)(www) -SewageSludge Incineration Units Constructed On or Before October 14, 2010 1. The provisions ofthis subsection apply to each sewage sludge incineration (SSI) unit that is located at awastewatertreatmentfacility and that commenced construction on or before October 14, 2010 (hereinafter referred to as "existing SSI unit"). Physical or operational changes made at an existing SSI unit solelyto comply with this subsection are not considered construction, reconstruction. ormodification and would not subject an existing SSI unitto the requirements of40 CFR Part 60, Subpart 

### LLLL. which contains the "Standards of Performance for Sewage Sludge Incineration Units forWhich Construction is Commenced AfterOctober 14, 2010". 2. Forthe purposes of implementing the requirements and provisions of40 CFR Part 60, Subpart MMMM (Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units), each existing SSI unit shall complywith the standards, requirements. and provisions of40 CFR Part60, Subpart MMMM. as promulgated March 21, 2011, which are hereby incorporated and adopted by reference. with the following exceptions: (i) Emission Limits. Emission Standards. and Operating Limits and Requirements. In lieu of40 CFR 60.5170 through 60.5180, Sections 2.130.2 through 2.130.4 ofthe Georgia Department of Natural Resources Procedures forTesting and Monitoring Sources ofAir Pollutants shall applyto each existing SSI unit. (ii) Initial and Continuous Compliance Requirements. In lieu of40 CFR 60.5185 through 60.5215, Sections 2.130.2 through 2.130.4 ofthe Georgia Department of Natural Resources Procedures forTesting and Monitoring Sources ofAir Pollutants shall apply to each existing SSI unit.

A-15

### Chapter 391-3-1 Rules forAir Quality Control (iii) Performance Testing, Monitoring, and Calibration Requirements. In lieu of

### 40 CFR

### 60.5220 through 

### 60.5225. Sections

### 2.130.2 through 

### 2.130.4 ofthe Georgia Department of Natural Resources 

### Procedures forTesting and Monitoring Sources ofAir Pollutants shall apply to each existing SSI unit. (iv) Record keeping and Reporting Requirements. In lieu of

### 40 CFR

### 60.5230 and 

### 60.5235 (d. e. and g), Sections

### 2.130.2 through

### 2.130.4 ofthe Georgia Department of Natural Resources 

### Procedures forTesting and Monitoring Sources ofAir Pollutants shall applyto each existing SSI unit. 3. In keeping with subparagraph 2

.. owners and operators ofexisting SSI units mustcomply with Georgia's state plan for existing SSI units. which is required by

### 40 CFR Part

### 60. Subpart MMMM. The owneroroperatorofeach existing SSI unit shall complywith the requirements of 

### 391-3-1-.02(2)(www)(2) by March 

### 21, 2016 orthree years afterthe effective date ofstate plan approval by U.S. EPA, whichever is earlier. 

### 4. Each existing SSI unit is subjecttothe permitting requirements of

### 391-3-1-.03(10) "Title

### V Operating Permits". Each owneroroperatorofan existing SSI unit shall submit a Title

### V application tothe Division no laterthan March 

### 21. 2014. 5. Definitions ofall terms used but not defined in this subsection shall have the meaning given tothem in 

### 40 CFR Part

### 60, Subpart MMMM, as amended. Terms not defined therein shall have the meaning given to them in thefederal Clean AirAct or

### 40 CFR Part

### 60. SubpartsA and B. Forthe purposes ofthis subsection thefollowing definitions also apply: (i) The term "Administrator'' as used in regulations adopted in this subsection shall mean the Directorofthe Georgia Environmental Protection Division. (ii) The term "EPA" as used in regulations adopted in this subsection shall mean the Georgia Environmental Protection Division.



### Rule 391-3-1-.02(7), "Prevention of Significant Deterioration of Air Quality", is being amendedto read asfollows: 

### (7) Prevention ofSignificant Deterioration ofAir Quality. (a) General Requirements. 1. The provisions of paragraph (7) shall applyto any source and the owneroroperatorof any source subjectto any requirement under

### 40 Code of Federal Regulations (hereinafter, CFR), Part

### 52.21. The subparagraphs of Paragraph (7) that incorporate by reference paragraphs of 

### 40 CFR, Part 

### 52.21 are as amensespromulgated through June

## a, 2Q1QJuly 

### 20, 2011, unless otherwise specified. The dates associated with the incorporation by reference offederal rules into this paragraph (7) referto the dates ofpublication ofthe promulgated rules in the Federal Register. 

### 2. Definitions: Forthe purpose ofthis paragraph, 

### 40 CFR, Part

### 52.21 (b) as amended, is hereby incorporated by reference with the following exceptions:

A-16Chapter391-3-1 Rules forAir Quality Control (i) In lieu ofthe definition of"baseline actual emissions" as specified in paragraph (b)(48) of40 CFR, Part 52.21, thefollowing shall apply: "Baseline actual emissions" meansthe rate ofemissions, in tons peryear, ofa regulated NSR pollutant, as determined in accordancewith subparagraphs (7)(a)2.(i)(l) through (IV) ofthis rule. (I) Forany existing electric utility steam generating unit, baseline actual emissions meansthe average rate, in tons peryear, atwhich the unitactually emitted the pollutant during any consecutive 24-month period selected bythe owner oroperatorwithin the 5-year period immediately preceding when the owner oroperator begins actual construction ofthe project. The Directorshall allowthe use ofa differenttime period upon a determination that it is more representative ofnormal source operation. 

### I. The average rate shall includefugitive emissions to the extentquantifiable, and emissions associatedwith startups, shutdowns, and malfunctions. However, fugitive emissions and/or emissions associated with startups, shutdowns, and malfunctions shall ormay be excluded in accordance with the following subparagraphsA and B. A. Iffugitive emissions or emissions from startups, shutdowns, and/or malfunctions during the consecutive 24-month period selected bythe owneroroperatorare not quantifiable and are therefore not included in the calculation ofbaseline actual emissions, then fugitive emissions or emissionsfrom startups, shutdowns, and/or malfunctions, respectively, shall not be included in the calculation ofprojected actual emissions [as defined in subparagraph (7)(a)2.(ii) ofthis rule]. B. The owneroroperator may electto omit malfunctionsfrom the calculation of baseline actual emissions. Ifthe owner or operatorelectsto do so, then malfunctions shall also be omittedfrom the calculation ofprojected actual emissions [as defined in subparagraph (7)(a)2.(ii) ofthis rule]. II. The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation thatwas legally enforceable during the consecutive 24-month period. 

### ·Ill. Fora regulated NSR pollutant, when a project involves multiple emissions units, onlyone consecutive 24-month period may be used to determine the baseline actual emissions forthe emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. IV. The average rate shall not be based on any consecutive 24-month period forwhich there is inadequate information for determining annual emissions, in tons peryear, orforwhich there is inadequate information for adjusting this amountdownward to exclude any non-compliant emissions as required by subparagraph (7)(a)2.(i)(l)ll. ofthis rule. V. Ifany physical change(s) orchange(s) in the method ofoperation subsequent to the consecutive 24-month period selected bythe owneroroperator resulted in a permanent change in the basic design parameter [as defined in subparagraph (7)(a)2.(viii) ofthis rule], not including the voluntary addition ofair pollution control equipment or increase in removal orcollection efficiency ofexisting air pollution control equipment, and thus resulted in a corresponding reduction in actual emissions ofa regulated NSR pollutant, the baseline actual emissions shall

A-17Chapter 391-3-1 Rules forAir Quality Control be adjusted downward by a proportional reduction in emissions in tons peryear or lbs/unit of production. VI. The average rate shall be adjusted downward to exclude any emissions thatwould have exceeded an emission limitation with which the majorstationary source must currently comply, had such majorsource been required to complywith such limitations during the consecutive 24- month period. However, ifan emission limitation is part ofa MaximumAvailable Control Technology (MACT) standard thattheAdministrator of U.S. EPA has proposed orpromulgated under40 CFR, Part 63, the baseline actual emissions need only be adjusted ifthe Division has taken creditfor such emission reductions in an attainment demonstration or maintenance plan consistentwith the requirements of40 CFR, Part51.165(a){3)(ii)(G). (II) Foran existing emissions unit (otherthan an electric utility steam generating unit), baseline actual emissions meansthe average rate, in tons peryear, atwhich the emissions unit actually emitted the pollutant during any consecutive 24-month period selected bythe owneror operator within the 10-year period immediately preceding eitherthe date the owneroroperator begins actual construction ofthe project, orthe date a complete permit application is received bythe Division for a permit required underthis paragraph orbythe reviewing authorityfor a permit required by a plan, whichever is earlier. I. The average rate shall includefugitive emissions to the extentquantifiable, and emissions associatedwith startups, shutdowns, and malfunctions. However, fugitive emissions and/or emissions associated with startups, shutdowns, and malfunctions shall or may be excluded in accordancewith the following subparagraphsA and B. A. Iffugitive emissions oremissionsfrom startups, shutdowns, and/or malfunctions during the consecutive 24-month period selected bythe owneror operator are not quantifiable and are therefore not included in the calculation ofbaseline actual emissions, then fugitive emissions or emissionsfrom startups, shutdowns, and/or malfunctions, respectively, shall not be included in the calculation ofprojected actual emissions (as defined in subparagraph (7)(a)2.(ii) ofthis rule). B. The owneroroperator may electto omit malfunctions from the calculation ofbaseline actual emissions. Ifthe owneroroperatorelects to do so, then malfunctions shall also be omitted from the calculation ofprojected actual emissions [as defined in subparagraph (7)(a)2.(ii) ofthis rule]. II. The average rate shall be adjusted downward to exclude any non-compliantemissions that occurred while the sourcewas operating above an emission limitation thatwas legally enforceable during the consecutive 24-month period. 

### Ill. The average rate shall be adjusted downward to exclude any emissions thatwould have exceeded an emission limitation with which the majorstationary source must currently comply, had such majorstationary source been required to complywith such limitations during the consecutive 24-month period. However, ifan emission limitation is part ofa Maximum Achievable Control Technology (MACT) standard thattheAdministratorof U.S. EPA has proposed or promulgated under40 CFR, Part 63, the baseline actual emissions need only be adjusted ifthe Division hastaken creditfor such emissions reductions in an attainment demonstration or maintenance plan consistentwith the requirements of40 CFR, Part 51.165(a)(3){ii)(G).

A-18Chapter391-3-1 Rules for AirQuality Control IV. Fora regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period may be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. V. The average rate shall not be based on any consecutive 24-month period forwhich there is inadequate information fordetermining annual emissions, in tons peryear, orforwhich there is inadequate information foradjusting this amountdownward to exclude any non-compliant emissions as required by subparagraph (7)(a)2.(i)(ll)ll or Ill. ofthis rule. VI. Ifany physical change(s) orchange(s) in the method ofoperation subsequentto the consecutive 24-month period selected bythe owner oroperator resulted in a permanent change in the basicdesign parameter [as defined in subparagraph (7)(a)2.(viii) ofthis Rule], not including thevoluntary addition of air pollution control equipment or increase in removal or collection efficiency ofexisting air pollution control equipment, and thus resulted in a corresponding reduction in actual emissions ofa regulated NSR pollutant, the baseline actual emissions shall be adjusted downward by a proportional reduction in emissions in tons peryear or lbs/unit ofproduction. (III) Fora newemissions unit, the baseline actual emissions for purposes ofdetermining the emissions increasethatwill result from the initial construction and operation ofsuch unit shall equalzero; and thereafter, for all other purposes, shall equal the unit's potential to emit [as long as the unit remains a "newemissions unit" as defined in 40 CFR, Part 52.21 (b)(7)(i)]. (IV) Fora PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordancewith the procedures contained in subparagraph (7)(a)2.(i)(l) ofthis rule, forotherexisting emissions units in accordance with the procedures contained in subparagraph (7)(a)2.(i)(ll) ofthis rule, andfor a newemissions unit in accordancewith the procedures contained in subparagraph (7)(a)2.(i)(lll) ofthis rule. For existing emission units, the baseline actual emissions shall be based on any consecutive 24- month period selected bythe operatorwithin the appropriate PAL baseline period. Forexisting electric steam generating units, the PAL baseline period is the 5-year period (ordifferent period allowed bythe Directorthat is more representative ornormal source operation) immediately preceding submission ofa complete PAL application tothe Division. Forother existing emission units, the PAL baseline period is the 10-year period immediately preceding submission ofa complete PAL permit application to the Division. (ii) In lieu ofthe definition of "projected actual emissions" as specified in paragraph (b)(41) of40 CFR, Part 52.21, the following shall apply: (I) "Projected actual emissions" means the maximum annual rate, in tons peryear, atwhich an existing emissions unit is projected to emit a regulated NSR pollutant in any one ofthe five years (12-month period) following the datethe unit resumes regular operation afterthe project, or in any one ofthe 10years following thatdate, ifthe project involves increasing the emissions unit's design capacity or its potential to emit that regulated NSR pollutant and full utilization of the unitwould result in a significant emissions increase ora significant net emissions increase atthe majorstationary source. (II) In determining the projected actual emissions undersubparagraph (7)(a)2.(ii)(l) (before

A-19Chapter 391-3-1 Rules forAir Quality Control beginning actual construction), the owneroroperatorofthe majorstationary source: I. Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections ofbusiness activity, the company's filings with the State or Federal regulatory authorities, and compliance plans underthe approved State Implementation Plan; and II. Shall includefugitive emissions to the extentquantifiable and emissions associated with startups, shutdowns, and malfunctions. However, fugitive emissions and/or emissions associated with startups, shutdowns, and malfunctions shall or may be excluded in accordance with thefollowing subparagraphsA, B, and C. 

### A. Ifprojectedfugitive emissions oremissionsfrom startups, shutdowns, and/or malfunctions are not quantifiable and aretherefore not included in the calculation ofprojected actual emissions, then fugitive emissions or emissions from startups, shutdowns, and/or malfunctions, respectively, shall not be included in the calculation ofbaseline actual emissions [as defined in subparagraph (7)(a)2.(i) ofthis rule]. B. The owner or operator may electto omit malfunctions from the calculation ofprojected actual emissions. Ifthe owneroroperator electsto doso, then malfunctions shall also be omitted from the calculation ofbaseline actual emissions (as defined in subparagraph (7)(a)2.(i) ofthis rule]. C. Ifthe project involves increasing the emissions unit's design capacity or its potential to emit that regulated NSR pollutant and the increase in projected emissions associated with startups, shutdowns, and malfunctions is not proportional to the increase in the emission unit's design capacity orits potential to emit that regulated NSR pollutant, the owneroroperator must include with the information required undersubparagraph (7)(b)15.(i)(l) ofthis rule documentation that supports the projected emissions associated with startups, shutdowns, and malfunctions subsequentto completion ofthe project; and Ill. Mayexclude, in calculating any increase in emissions that results from the particular project, that portion ofthe unit's emissions following the projectthat an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions undersubparagraph (7)(a)2.(i) ofthis rule and that is also unrelated to the particular project, including any increased utilization due to product demand growth (the increase in emissions that may be excluded underthis subparagraph shall hereinafter be referred to as "demand growth emissions"); A. Ifthe project involves increasing the emissions unit's design capacity or its potential to emit that regulated NSR pollutant, the owneror operatorshall either: (A) not exclude demand growth emissions, or (B) must include in the information required undersubparagraph (7)(b)15.(i)(l) ofthis paragraph, documentation that demand growth emissions are emissions thatthe emissions unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions, are not related tothe particular project, and are due to product demand growth; must have documentation supporting the portion ofthe emissions increasethat

A-20Chapter 391-3-1 Rules forAir Quality Control is due to demand growth; and, following the change, must be able to trackthe emissions increase due to demand growth; or IV. In lieu of using the method set out in subparagraphs (7)(a)2.(ii)(ll)l. through Ill. ofthis rule, mayelectto use the emissions unit's potential to emit, in tons peryear, as defined under paragraph (b)(4) of40 CFR, Part 52.21. (iii) The definition of"majorstationary source" contained in 40 CFR, Part52.21(b)(1) is hereby incorporated by reference except as follows: (I) Subparagraph (i)(b) shall read as follows: Notwithstanding the stationary source size specified in paragraph (b)1.(i)(a) ofthis section, any stationary source which emits, orhas the potential to emit, 250 tons-per-year ormore ofa regulated NSR pollutant; or (iv) The definition and use ofthe term "subjectto regulation" in 40 CFR, Part 52.21, as amended June 3, 2010, is hereby incorporated by reference; provided, however, that in the event all orany portion of40 CFR, Part 52.21 containing thatterm is: (I) declared or adjudged to be invalid or unconstitutional orstayed by the United States Court of Appeals forthe Eleventh Circuit orforthe District ofColumbia Circuit; or (II) withdrawn, repealed, revoked or otherwise rendered of no force and effect by the United States Environmental ProtectionAgency, Congress, or Presidential Executive Order. Such action shall renderthe regulation as incorporated herein, orthat portion thereofthat may be affected bysuch action, as invalid, void, stayed, or otherwisewithoutforce and effectfor purposes ofthis rule upon the date such action becomesfinal and effective; provided, further, that such declaration, adjudication, stay, or otheraction described herein shall not affectthe remaining portions, ifany, ofthe regulation as incorporated herein, which shall remain offull force and effect as ifsuch portion so declared or adjudged invalid orunconstitutional or stayed orotherwise invalidated or effected were not originally a part ofthis rule. The Board declares that it would have incorporatedthe remaining parts ofthefederal regulation ifit had known that such portion thereofwould be declared or adjudged invalid or unconstitutional or stayed or otherwise rendered of no force and effect; (v) The definition of "potential to emit" contained in 40 CFR, Part 52.21(b)(4), shall be modified as follows: (I) The phrase "is federally enforceable" shall read "is federally enforceable or enforceable as a practical matter." (vi) The definition of "allowable emissions" contained in 40 CFR, Part 52.21(b)(16), shall be modified as follows: (I) The phrase "unlessthe source is subjectto federally enforceable limitswhich restrict the operating rate, or hours ofoperation, or both" shall read, "unless the source is subjectto enforceable limits which restrict the operating rate, orhours ofoperation, orboth." (II) paragraph (iii) shall read as follows: The emissions rate specified as an enforceable permit

A-21Chapter 391-3-1 Rules forAirQuality Control condition, including those with afuture compliance date. (vii) The following shall be added to the definition of"majorsource baseline date" contained in 40 CFR, Part 52.21 (b}(14): (I) Baseline dates established priorto April 19, 2006, will remain in effect. (viii) In lieu ofparagraph (b)(33)(iii) ofthe definition of "replacement unit" as specified in paragraph (b)(33) of40 CFR, Part 52.21, thefollowing shall apply: The replacement does not alterthe basic design parameters ofthe process unit. Basicdesign parameters are defined asfollows: (I) Except as provided in subparagraph (7)(a)2.(viii)(lll) ofthis rule, fora process unit at a steam electric generating facility, the owner or operator may select as its basicdesign parameters either maximum hourly heat input and maximum hourlyfuel consumption rate ormaximum hourly electric output rate and maximum steam flow rate. When establishing fuel consumption specifications in terms ofweight orvolume, the minimum fuel quality based on British Thermal Units content shall be used for determining the basic design parameter(s) fora coal-fired electric utility steam generating unit. (II) Exceptas provided in subparagraph (7)(a)2.(viii)(lll) ofthis rule, the basic design parameter(s) forany process unitthat is not at a steam electric generating facility are maximum rate offuel or heat input, maximum rate ofmaterial input, ormaximum rate of productoutput. Combustion process units will typically use maximum rate offuel input. Forsources having multiple end products and raw materials, the owneroroperator should considerthe primary product orprimary raw material when selecting a basicdesign parameter. (Ill) Ifthe owneroroperator believes the basic design parameter(s) in subparagraphs (7)(a)2.(viii)(l) and (II) ofthis rule is (are) not appropriatefora specific industry ortype of process unit, the owneroroperator may proposetothe Division an alternative basic design parameter(s) forthe source's process unit(s). Ifthe Director approves ofthe use ofan alternative basic design parameter(s), he orshe shall issue a permitthat is legallyenforceable that records such basic design parameter(s) and requires the owneroroperatorto complywith such parameter(s). (IV) The owneroroperatorshall use credible information, such as results ofhistoric maximum capability tests, design information from the manufacturer, or engineering calculations, in establishing the magnitude ofthe basic design parameter(s) specified in subparagraphs (7)(a)2.(viii)(l) and (II) ofthis rule. (V) Ifdesign information is not available for a process unit, then the owneroroperatorshall determinethe process unit's basicdesign parameter(s) using the maximum value achieved by the process unit in the 5-year period immediately preceding the planned activity. (VI) Efficiencyofa process unit is not a basic design parameter. (ix) In lieu of the definition of "Regulated NSR pollutant" as specified in paragraph (b)(50) of40 CFR, Part 52.21, the following shall apply:

A-22Chapter 391-3-1 Rules forAir Quality Control "Regulated NSR pollutant" meansthefollowing: (I) Any pollutantforwhich a national ambient air quality standard has been promulgated and any pollutant identified underthis subparagraph as a constituent or precursorforsuch pollutant. Precursors arethefollowing: I. Volatile organic compounds and nitrogen oxides are precursorsto ozone in all attainment and unclassifiable areas. II. Sulfur dioxide is a precursorto PM2.5 in all attainment and unclassifiable areas. Ill. Nitrogen oxides are not precursors to PM2.5 in all attainment and unclassifiable areas. The provisions in this subparagraph (Ill) become effective upon U.S. EPA's approval ofthis provision into Georgia's State Implementation Plan. (II) Any pollutantthat is subjectto any standard promulgated undersection 111 oftheAct; (Ill) Any Class I or II substance subjectto a standard promulgated underor established bytitle VI ofthe Act; (IV) Any pollutantthat otherwise is subjectto regulation undertheAct as defined in subparagraph (a)2.(iv) ofthis paragraph. (V) Notwithstanding subparagraphs (a)2.(ix) ofthis paragraph, the term regulated NSR pollutant shall not include any or all hazardous air pollutants either listed in section 112 oftheAct, or added to the list pursuantto section 112(b)(2) ofthe Act, andwhich have not been delisted pursuant to Section 112(b)(3) ofthe Act, unless the listed hazardous airpollutant is also regulated as a constituent or precursor ofa general pollutant listed undersection 108 oftheAct. (VI) Particulate matter (PM) emissions, PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source oractivitywhich condensetoform particulate matterat ambienttemperatures. On or afterJanuary 1, 2011, such condensable particulate mattershall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5 and PM10 in PSD permits. Unless otherwise stated in the permit, compliancewith emissions limitationsfor PM, PM2.5 and PM10 issued priortothis date shall not be based on condensable particulate matter. Applicability determinations made priorto this datewithout accounting forcondensable particulate mattershall not be considered in violation ofthis paragraph. (x) [reserved] (xi) In the definition of "net emissions increase" as specified in paragraph (b)(3) of40 CFR Part 52.21, paragraphs (iii)(b) and (vi)(d), related to increases and decreases ata clean unit, are not adopted. 3. Applicability procedures: 40 CFR, Part 52.21 (a)(2), as amended, is hereby incorporated and adopted by reference.

A-23Chapter 391-3-1 Rules for Air Quality Control 

### 4. Except as noted below, the word "Administrator" as used in regulations adopted by reference in this paragraph shall mean the "Director'' as defined in 391-3-1-.01(q). Forthe following provisions adopted by reference in this paragraph, the word "Administrator'' shall mean the Administrator ofthe U.S. Environmental Protection Agency or, where allowable, his or her designee. (i) 40 CFR, Part 52.21(b)(17), Definition of"Federally Enforceable" (ii) 40 CFR, Part 52.21 (b)(37)(i), First Paragraphwithin the Definition of"Repowering" (iii) 40 CFR, Part 52.21 (b)(43), Definition of "Prevention ofSignificant Deterioration (PSD)" (iv) 40 CFR, Part 52.21 (b)(51), Definition of"Reviewing Authority" (v) 40 CFR, Part 52.21 (g), Redesignation (vi) 40 CFR, Part 52.21

### (1), Air Quality Models (vii) 40 CFR, Part 52.21 (p)(2), Federal Land Manager (viii) 40 CFR, Part 52.21 (o)(3), Visibility Monitoring (b) Prevention ofSignificant Deterioration Standards. 

### 1. Ambient air increments: 40 CFR, Part 52.21 (c), as amended, is hereby incorporated and adopted by reference. 2. Ambient air ceilings: 40 CFR, Part 52.21 (d), as amended, is hereby incorporated and adopted by reference. 3. Restrictions on area classifications: 40 CFR, Part 52.21(e), as amended, is hereby incorporated and adopted by reference. 4. Redesignation: 40 CFR, Part 52.21(g), as amended, is hereby incorporated and adopted by reference. 5. Stack heights: 40 CFR, Part 52.21 (h), as amended, is hereby incorporated and adopted by reference. 6. Exemptions: 40 CFR Part 52.21 (i), as amended, is hereby incorporated and adopted by reference with the follo•.vin!J eJ<Ge(:ltion: (i) 

### 40 CFR 52.21 (i)1.(xi) is not ado(:lted. 7. Control technology review: 40 CFR, Part 52.210), 

### as amended, is hereby incorporated and adopted by reference. 8. Source impact analysis: 40 CFR, Part 52.21 (k), as amended, is hereby incorporated and adopted by reference.

A-24Chapter 391-3-1 Rules for Air Quality Control



### 9. Air quality models: 40 CFR, Part 52.21(1), as amended, is hereby incorporated and adopted by reference. 10. Air quality analysis: 40 CFR, Part 52.21(m), as amended, is hereby incorporated and adopted by reference. 11. Source information: 40 CFR, Part 52.21 (n), as amended, is hereby incorporated and adopted by reference with thefollowing exception: (i) The first sentence of paragraph (n)(1) shall read as follows, "With respect to a source or modification to which paragraphs U), (1), (o) and (p) of this section apply, such information shall include:" 12. Additional impact analyses: 40 CFR, Part 52.21(o), as amended, is hereby incorporated and adopted by reference. 13. Sources impacting federal class I areas - additional requirements: 40 CFR, Part 52.21 (p), as amended, is hereby incorporated and adopted by reference with the following exception: (i) The beginning of paragraph (p)(B) should read "In the case of a permit issued pursuant to paragraph (p) (6) or (7) ofthis section

..." 14. Public participation: 40 CFR, Part 52.21(q), as amended, is hereby incorporated and adopted by reference. 15. Source obligation: 40 CFR, Part 52.21 (r), as amended, is hereby incorporated and adopted by reference with the following exceptions: (i) In lieu ofthe provisions of paragraph (r)(6), the following shall apply: The provisions of this subparagraph 15(i) apply to projects at an existing emissions unit at a majorstationary source (otherthan projects at a sourcewith a PAL) that are required to obtain a permit under the Construction (SIP) Permit requirements of paragraph 391-3-1-.03(1) of these rules and the owner or operator elects to use the method specified in Subparagraph (7)(a)2.(ii)(ll)l. through Ill. ofthis rule for calculating projected actual emissions. (I) 

### Before beginning actual construction of the project, the owner or operator shall document and maintain a record ofthe following information: I. A description ofthe project; II. Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and Ill. A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under Subparagraph (7)(a)2.(ii)(ll)lll. of this rule and an explanation for why such amount was excluded, and any

A-25Chapter 391-3-1 Rules for Air Quality Control 

### netting calculations, ifapplicable. IV. The records required in subparagraph (7)(b)15.(i)(l) ofthis rule shall be retained for a period of 10 years following resumption of regular operations after the change, or for a period of 15 years following resumption of regular operations after the change if the project increases the design capacity of or potential to emit ofa regulated NSR pollutant at such emissions unit. (II) The owner or operator shall provide a copy of the information set out in Subparagraph (7)(b)15.(i)(l) ofthis rule with the application for construction required under paragraph 391-3-1- .03(1) ofthese rules. (Ill) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in subparagraph (7)(b)15.(i)(l)ll. of this rule, and calculate and maintain a record of the annual emissions, in tons-per-year on a calendar year basis, for a period of five years following resumption of regular operations after the change, or for a period of ten years following resumption of regular operations afterthe change ifthe project increases the design capacity of or potential to emit that regulated NSR pollutant at such emissions unit. These records shall be retained for a period offive years past the end ofeach calendaryear. Ifan owner oroperator is required to or elects to exclude emissions associated with startups, shutdowns, and/or malfunctions from estimations of projected actual emissions for PSD applicability purposes as allowed by subparagraph (7)(a)2.(ii)(ll)ll. ofthis rule, the owner or operator may exclude such emissions from the calculation of annual emissions. (IV) If the owner or operator excluded demand growth emissions from the projected actual emissions for a project and that project is subject to the requirements of subparagraph (7)(a)2.(ii)(II)III.A.(B) of this rule, the owner or operator shall calculate the actual increase in emissions due to demand growth, in tons per year on a calendar year basis, for a period 10 years following resumption of regular operations after the change. These records shall be retained for a period offive years pastthe end ofeach calendaryear. (V) The owner or operator shall submit a report to the Division within 60 days after the end of each year during which records must be generated under subparagraphs (7)(b)15.(i)(lll) and (IV) of this rule setting out the unit's annual emissions and, if applicable, the unit's actual increase in emissions due to demand growth during the calendaryearthat preceded submission ofthe report. 16. Innovative control technology: 40 CFR, Part 52.21(v), as amended, is hereby incorporated and adopted by reference. 17. Permit rescission: 40 CFR, Part 52.21(w), as amended, is hereby incorporated and adopted by reference with the following exceptions: (i) Paragraph (1) of40 CFR, Part 52.21(w) shall read as follows: Any permit issued under this section or a prior version ofthis section shall remain in effect, unless and until it expires under paragraph (r) ofthis section or is rescinded. (ii) Paragraph (3) of40 CFR, Part 52.21 (w) shall read as follows: The Director may grant an application for rescission ifthe application shows that this section, as it existed at the time the

A-26Chapter 391-3-1 Rules forAirQuality Control 

### permitwas issued, would not apply to the source or modification. 18. [reserved] 19. [reserved] 20. [reserved] 21. Actuals PALs: 40 CFR, Part 52.21 (aa), as amended, is hereby incorporated by reference with the following exceptions: (i) [reserved] (ii) In lieu ofthe public participation requirements for PALs of40 CFR, Part 52.21(aa)(5), PALs for existing major stationary sources shall be established, renewed, or increased through the procedures for Title V Permit issuance, renewal, and reopenings, and revisions specified in subparagraph 391-3-1-.03(10)(e) ofthese rules. (iii) In addition to the provisions for setting the 1 0-year actual PAL level specified in 40 CFR, Part 52.21 (aa)(6)(i), the PAL level shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period used to determine the baseline actual emissionsforthe PAL pollutant. (iv) In lieu ofthe provisions of40 CFR, Part 52.21(aa)(6)(ii), the following shall apply: For newly constructed units (which do not include modifications to existing units) on which actual construction began afterthe consecutive 24-month period selected for setting the 10-year actuals PAL level, in lieu ofadding the baseline emissions as specified in paragraph (aa)(6)(i) of 40 CFR, Part 52.21, the emissionsmustbe added to the PAL level as follows: (I) For an emissions unit on which actual operation commenced less than 36 months prior to submission ofa complete PAL permit application, the emissions must be added to the PAL level in an amount equal to the potential to emit ofthe unit. (II) For an emissions unit on which actual operation commenced greater than or equal to 36 months and less than 48 months prior to submission of a complete PAL permit application, the emissions must be added in an amount equal to the rate, in tons per year, at which the unit actually emitted the PAL pollutant during any consecutive 12-month period, selected by the owner oroperator, that preceded submission ofthe PAL permit application. (Ill) For an emissions unit on which actual operation commenced greater than or equal to 48 months priorto submission of a complete PAL permit application, the emissions must be added in an amount equal to the average 

### rate, in tons per year, at which the unit actually emitted the PAL pollutant during any consecutive 24-month period, selected by the owner or operator, that preceded submission ofthe PAL permit application. (v) In addition to the contents ofthe PAL permit specified in 40 CFR, Part 52.21 (aa)(7), the PAL permit must contain a requirement that emissions calculations for compliance purposes must include non-compliant emissions that occurred while the source was operating above any

A-27Chapter 391-3-1 Rules for Air Quality Control 

### emission limitation that was legally enforceable and that were in excess ofthat allowed by any state or Federal air quality regulation or permit condition. (vi) In lieu ofthe provisions of40 CFR, Part 52.21(aa)(8)(ii)(c), the following shall apply: All reopenings shall be carried out in accordance with the procedures for Title V Permit issuance, renewal, and reopenings, and revisions specified in subparagraph 391-3-1-.03(10)(e) ofthese rules. (vii) In lieu ofthe provisions for PAL adjustment in 40 CFR, Part 52.21(aa)(10)(iv), the following shall apply: PAL adjustment. The Director shall set the PAL level for a renewed PAL permit in accordance with subparagraphs (7)(b)21.(vii)(l) and (II) ofthis rule. However, in no case may any PAL level fail to comply with subparagraph (7)(b)21.(vii)(lll) ofthis rule. (I) Ifthe emissions level calculated in accordancewith paragraph (aa)(6) of40 CFR, Part 52.21 and subparagraphs (7)(b)21.(iii) and (iv) ofthis rule is equal to or greaterthan 80 percent ofthe PAL level, the Director may renew the PAL at the same level. Ifthe emissions level calculated in accordancewith (aa)(6) of40 CFR, Part 52.21 and subparagraphs (7)(b)21.(iii) and (iv) ofthis rule is less than 80 percent of the PAL level, the Director may renew the PAL at a level determined using the procedures set forth in 40 CFR, Part 52.21 (aa)(6) and subparagraphs (7)(b)21.(iii) and (iv) ofthis rule. (II) The Director may set the PAL at a level that he or she determines to be more representative ofthe source's baseline actual emissions, orthat he or she determines to be more appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified bythe Director in his or herwritten rationale. (Ill) Notwithstanding subparagraphs (7)(b)21.(vii)(l) and {II) ofthis rule: 

### I. Ifthe potential to emit ofthe major stationary source is less than the PAL, the Director shall adjustthe PAL to a level no greaterthan the potential to emit ofthe source; and II. The Director shall not approve a renewed PAL level higherthan the current PAL, unless the major stationary source has complied with the provisions of paragraph (aa)(11) of40 CFR, Part 52.21 (increasing a PAL). (viii) The following is added to the list ofacceptable general monitoring approaches listed in 40 CFR, Part 52.21(aa)(12)(ii). (I) Mass balance calculations for sulfurdioxide emissions from fuel combustion. (ix) The mass balance calculation requirements of40 CFR, Part 52.21(aa)(12)(iii) shall apply for mass balance calculations for sulfurdioxide emissions from fuel combustion. (x) The data relied upon, including, but not limited to, any quality assurance orquality control data, in calculating the monthly and annual PAL pollutant emissions shall not be submitted with the semiannual report as specified in paragraph (aa)(14)(i)(c) of40 CFR, Part 52.21, but shall

A-28Chapter 391-3-1 Rules forAir Quality Control be retained in permanentform suitable for inspection and submission to the Division. The records shall be retained forat leastfive years following the end ofeach calendaryear. (xi) Paragraph 40 CFR 52.21 (aa)(12)(i)(b) shall read as follows: The PAL monitoring system must employ one ofthe general monitoring approaches meeting the minimum requirements set forth in paragraph (aa)(12)(ii) ofthis section and must be approved bythe Director. 391-3-1-.02(8), NewSource Performance Standards, is being amended to read as follows: (8) NewSource Performance Standards. (a) General Requirement. No person shall construct oroperate anyfacility orsourcewhich fails to comply with the New Source Performance Standards contained in 40 Code of Federal Regulations (hereinafter, CFR), Part 60, as amended, including but not limited to (unless specifically excluded below), the subparts hereby adopted through incorporation by reference in paragraph (b) ofthis subsection. (b) New Source Performance Standards. 1. General Provisions. For purposes ofapplying NewSource Performance Standards, 40 CFR, Part 60, SubpartA (excluding 60.4 and 60.9), as amended December22, 2QQ!!Januarv 18, 2011, is hereby incorporated and adopted by reference. The word "Administrator'' as used in regulations adopted in this paragraph shall mean the Directorof EPD. 2. Standards of Performance for Fossil-fuel Fired Steam Generators: 40 CFR, Part 60, subpart D, as amended JanHary 28, 2QQ9January 20, 2011, is hereby incorporated and adopted by reference. 3. Standards of Performancefor Electric Utility Steam Generating Units: 40 CFR, Part 60, Subpart Da, as amended JanHary21!, 2QQ9January 20. 2011, is hereby incorporated and adopted by reference. 4. Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units: 40 CFR, Part60, Subpart Db, as amended JanHal)'21!, 2QQ9January 20. 2011, is hereby incorporated and adopted by reference. 5. Standards of Performancefor Small Industrial-Commercial-Institutional Steam Generating Units: 40 CFR, Part 60, Subpart De, as amended JanHary 21!, 2QQ9January 20, 2011, is hereby incorporated and adopted by reference. 6. Standards of Performancefor Incinerators: 40 CFR, Part 60, Subpart E, as amended May 10, 2006, is hereby incorporated and adopted by reference. 7. Standards of Performancefor Municipal Waste Combustors: 40 CFR, Part 60, Subpart Ea, as amended October 17, 2000, is hereby incorporated and adopted by reference. 8. Standards of Performance for Portland Cement Plants: 40 CFR, Part 60, Subpart F, as amended October 17, 2QQQMay 17, 2011, is hereby incorporated and adopted by reference.

A-29Chapter 391-3-1 Rules for Air Quality Control

9. Standards of Performance for NitricAcid Plants: 40 CFR, Part 60, Subpart G, as amended February 14, 1989, is hereby incorporated and adopted by reference. 10. Standards of Performancefor SulfuricAcid Plants: 40 CFR, Part 60, Subpart H, as amended October 17, 2000, is hereby incorporated and adopted by reference. 11. Standards of Performance forAsphalt Concrete Plants: 40 CFR, Part 60, Subpart I, as amended February 14, 1989, is hereby incorporated and adopted by reference. 12. Standards of Performancefor Petroleum Refineries: 40 CFR, Part 60, Subpart J, as amended June 24, 2008, is hereby incorporated and adopted by reference. 13. Standards of Performance for Storage Vessels for Petroleum Liquids: 40 CFR, Part 60, Subpart K, as amended October 17, 2000, is hereby incorporated and adopted by reference. 14. Standards of Performance for Storage Vessels for Petroleum Liquids: 40 CFR, Part 60, Subpart Ka, as amended December 14, 2000, is hereby incorporated and adopted by reference. 15. Standards of PerformanceforVolatile Organic Liquid Storage Vessels: 40 CFR, Part 60, Subpart Kb, as amended October 15, 2003, is hereby incorporated and adopted by reference. 16. Standards of Performancefor Secondary Lead Smelters: 40 CFR, Part 60, Subpart L, as amended October 17, 2000, is hereby incorporated and adopted by reference. 17. Standards of Performance for Secondary Brass and Bronze Ingot Production Plants: 40 CFR, Part 60, Subpart M, as amended October 17, 2000, is hereby incorporated and adopted by reference. 18. Standards of Performancefor Iron and Steel Plants: 40 CFR, Part 60, Subpart N, as amended October 17, 2000, is hereby incorporated and adopted by reference. 19. Standards of PerformanceforSecondary Emissions from BasicOxygen Process Steelmaking FacilitiesforWhich Construction is Commenced AfterJanuary 20, 1983: 40 CFR, Part 60, Subpart Na, as amended October 17, 2000, is hereby incorporated and adopted by reference. 20. Standards of PerformanceforSewage Treatment Plants: 40 CFR, Part 60, Subpart 0, as amended October 17, 2000, is hereby incorporated and adopted by reference. 21. Standards of Performance for Primary Copper Smelters: 40 CFR, Part60, Subpart P, as amended October 17, 2000, is hereby incorporated and adopted by reference. 22. Standards of Performance for Primary Zinc Smelters: 40 CFR, Part 60, Subpart Q, as amended February 14, 1989, is hereby incorporated and adopted by reference. 23. Standards of Performancefor Primary Lead Smelters: 40 CFR, Part 60, Subpart R, as amended February 14, 1989, is hereby incorporated and adopted by reference.

A-30Chapter391-3-1 Rules for Air Quality Control 24. Standards of Performance for PrimaryAluminum Reduction Plants: 40 CFR, Part 60, Subpart S, as amended October 17, 2000, is hereby incorporated and adopted by reference. 25. Standards of Performanceforthe Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants: 40 CFR, Part 60, SubpartT, as amended October 17, 2000, is hereby incorporated and adopted by reference. 26. Standards of Performanceforthe Phosphate Fertilizer Industry: SuperphosphoricAcid Plants: 40 CFR, Part 60, Subpart U, as amended October 17, 2000, is hereby incorporated and adopted by reference. 27. Standards of Performanceforthe Phosphate Fertilizer Industry: Diammonium Phosphate Plants: 40 CFR, Part 60, SubpartV, as amended October 17, 2000, is hereby incorporated and adopted by reference. 28. Standards of Performance forthe Phosphate Fertilizer Industry: Triple Superphosphate Plants: 40 CFR, Part 60, SubpartW, as amended October 17, 2000, is hereby incorporated and adopted by reference. 29. Standards of Performance forthe Phosphate Fertilizer Industry: GranularTriple Superphosphate Storage Facilities: 40 CFR, Part 60, SubpartX, as amended October 17, 2000, is hereby incorporated and adopted by reference. 30. Standards of Performance for Coal Preparation Plants: 40 CFR, Part 60, SubpartY, as amended October8, 2009, is hereby incorporated and adopted by reference. 31. Standards of Performancefor Ferroalloy Production Facilities: 40 CFR, Part 60, Subpart Z, as amended October 17, 2000, is hereby incorporated and adopted by reference. 32. Standards of Performancefor Steel Plants: ElectricArc Furnaces: 40 CFR, Part 60, SubpartAA, as amended February 22, 2005, is hereby incorporated and adopted by reference. 33. Standards of Performance forSteel Plants. ElectricArc Furnaces and Argon-Oxygen Decarburization Vessels Constructed AfterAugust 17, 1983: 40 CFR 60, SubpartAAa, as amended February 22, 2005, is hereby incorporated and adopted by reference. 34. Standards of Performance for Kraft Pulp Mills: 40 CFR, Part 60, Subpart BB, as amended September21, 2006, is hereby incorporated and adopted by reference. 35. Standards of PerformanceforGlass Manufacturing Plants: 40 CFR, Part 60, Subpart CC, as amended October 17, 2000, is hereby incorporated and adopted by reference. 36. Standards of Performance for Grain Elevators: 40 CFR, Part 60, Subpart DD, as amended October 17, 2000, is hereby incorporated and adopted by reference. 37. Standards of Performance forSurface Coating ofMetal Furniture: 40 CFR, Part 60, Subpart EE, as amended October 17, 2000, is hereby incorporated and adopted by reference. 38. Standards of Performance for Stationary Gas Turbines: 40 CFR, Part 60, subpart GG, as

A-31Chapter 391-3-1 Rules for Air Quality Control amended February 24, 2006, is hereby incorporated and adopted by reference. 39. Standards of Performance for Lime Manufacturing Plants: 40 CFR, Part 60, subpart HH, as amended October 17, 2000, is hereby incorporated and adopted by reference. 40. Standards of Performancefor Lead-Acid Battery Manufacturing Plants: 40 CFR, Part 60, subpart KK, as amended October 17, 2000, is hereby incorporated and adopted by reference. 41. Standards of Performance for Metallic Mineral Processing Plants: 40 CFR, Part 60, Subpart LL, as amended October 17, 2000, is hereby incorporated and adopted by reference. 42. Standards of PerformanceforAutomobile and Light-DutyTruck Coating Operations: 40 CFR, Part 60, Subpart MM, as amended October 17, 2000, is hereby incorporated and adopted by reference. 43. Standards of Performancefor Phosphate Rock Plants: 40 CFR, Part 60, Subpart NN, as amended October 17, 2000, is hereby incorporated and adopted by reference. 44. Standards of Performance forAmmonium Sulfate Manufacture: 40 CFR, Part 60, Subpart PP, as amended October 17, 2000, is hereby incorporated and adopted by reference. 45. Standards of Performance for Graphic Arts Industry: Publication Rotogravure Printing: 40 CFR, Part 60, Subpart QQ, as amendedApril 9, 2004, is hereby incorporated and adopted by reference. 46. Standards of Performancefor Pressure Sensitive Tape and Label Surface Coating Operations: 40 CFR, Part 60, Subpart RR, as amended October 17, 2000, is hereby incorporated and adopted by reference. 47. Standards of Performance for Industrial Surface Coating: LargeAppliances: 40 CFR, Part 60, Subpart SS, as amended October 17, 2000, is hereby incorporated and adopted by reference. 48. Standards of Performance for Metal Coil Surface Coating: 40 CFR, Part 60, SubpartTT, as amended October 17, 2000, is hereby incorporated and adopted by reference. 49. Standards of Performance forAsphalt Processing and Asphalt Roofing Manufacture: 40 CFR, Part 60, Subpart UU, as amended October 17, 2000, is hereby incorporated and adopted by reference. 50. Standards of Performance for Equipment Leaks ofVOC in the Synthetic Organic Chemicals Manufacturing Industry: 40 CFR, Part 60, SubpartW, as amended June 2, 2008, is hereby incorporated and adopted by reference. 51. Standards of Performancefor Beverage Can Surface Coating Industry: 40 CFR, Part 60, SubpartWW, as amended October 17, 2000, is hereby incorporated and adopted by reference. 52. Standards of Performance for Bulk Gasoline Terminals: 40 CFR, Part 60, SubpartXX, as amended December 19, 2003, is hereby incorporated and adopted by reference.

A-32Chapter391-3-1 Rules forAir Quality Control

53. Standards of Performancefor RubberTire Manufacturing Industry: 40 CFR, Part 60, Subpart BBB, as amended October 17, 2000, is hereby incorporated and adopted by reference. 54. Standards of PerformanceforVolatile Organic Compound (VOC) Emission from Polymer Manufacturing Industry: 40 CFR, Part 60, Subpart DDD, as amended December 14, 2000, is hereby incorporated and adopted by reference. 55. Standards of Performance for Flexible Vinyl and Urethane Printing and Coating: 40 CFR 60, Subpart FFF, as amended October 17, 2000, is hereby incorporated and adopted by reference. 56. Standards of Performancefor Equipment Leaks ofVOC in Petroleum Refineries: 40 CFR, Part 60, Subpart GGG, as amended June 2, 2008, is hereby incorporated and adopted by reference. 57. Standards of Performancefor Synthetic Fiber Production Facilities: 40 CFR, Part 60, Subpart HHH, as amended October 17, 2000, is hereby incorporated and adopted by reference. 58. Standards of Performance forVolatile Organic Compounds (VOC) Emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes: 40 CFR, Part60, Subpart Ill, as amended December 14, 2000, is hereby incorporated and adopted by reference. 59. Standards of Performancefor Petroleum DryCleaners: 40 CFR, Part 60, Subpart JJJ, as amended October 17, 2000, is hereby incorporated and adopted by reference. 60. Standards of Performancefor Equipment Leaks ofVOCfrom Onshore Natural Gas Processing Plants: 40 CFR 60, Subpart KKK, as amended October 17, 2000, is hereby incorporated and adopted by reference. 61. Standards of PerformanceforOnshore Natural Gas Processing: 40 CFR, Part 60, Subpart LLL, as amended October 17, 2000, is hereby incorporated and adopted by reference. 62. Standards of Performance forVolatile Organic Compounds (VOC) Emissions From the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operation: 40 CFR, Part 60, Subpart NNN, as amended December 14, 2000, is hereby incorporated and adopted by reference. 63. Standards of Performancefor Nonmetallic Mineral Processing Plants: 40 CFR, Part 60, Subpart000, as promulgated April 28, 2009, is hereby incorporated and adopted by reference. 64. Standards of PerformanceforWool Fiberglass Insulation Manufacturing Plants: 40 CFR 60, Subpart PPP, as amended October 17, 2000, is hereby incorporated and adopted by reference. 65. Standards of Performance forVOC Emissionsfrom Petroleum Refinery Wastewater Systems: 40 CFR 60, Subpart QQQ, as amended October 17, 2000, is hereby incorporated and adopted by reference.

A-33Chapter 391-3-1 Rules for Air Quality Control 

### 66. Standards of PerformanceforVolatile Organic Compound (VOC) Emissionsfrom Synthetic OrganicChemical Manufacturing Industry (SOCMI) Reactor Process: 

### 40 CFR 

### 60, Subpart RRR, as amended December 

### 14, 2000, is hereby incorporated and adopted by reference. 

### 67. Standards of Performance for MagneticTape Coating: 

### 40 CFR

### 60, Subpart SSS, as amended February 

### 12, 1999, is hereby incorporated and adopted by reference. 

### 68. Standards of Performance for Plastic Partsfor Business Machine Coatings: 

### 40 CFR 

### 60, SubpartTTT, as amended October 

### 17, 2000, is hereby incorporated and adopted by reference. 

### 69. Standards of Performance for Calciners and Dryers in Mineral Industries: 

### 40 CFR 

### 60, Subpart UUU, as amended October 

### 17, 2000, is hereby incorporated and adopted by reference. 

### 70. Standards of Performancefor Polymeric Coating ofSupporting Substrates Facilities: 

### 40 CFR

### 60, SubpartVVV, as promulgated September 

### 11, 1989, is hereby incorporated and adopted by reference. · 

### 71. Standards of Performancefor Municipal Waste CombustorsforWhich Construction is Commenced after September

### 20, 1994: 40 CFR, Part 

### 60, Subpart Eb, as amended May 

### 10, 2006, is hereby incorporated and adopted by reference. 

### 72. Standards of Performance for Municipal Solid Waste Landfills: 

### 40 CFR, Part 

### 60, Subpart WWW, as amended September

### 21, 2006, is hereby incorporated and adopted by reference. 

### 73. Standards of Performance for Hospital/Medical/InfectiousWaste Incinerators forwhich construction is commenced afterJune

### 20, 1996: 40 CFR, Part 

### 60, Subpart Ec, as amended October

### 6, 2009, is hereby incorporated and adopted by reference. 74. Standards of Performance for Small Municipal Waste Combustion Units forWhich Construction is Commenced AfterAugust 

### 30, 1999: 40 CFR 

### 60, SubpartAAAA, as promulgated December

### 6, 2000, is hereby incorporated and adopted by reference. 

### 75. Standards of Performance for Commercial and Industrial SolidWaste Incineration Unitsfor Which Construction is CommencedAfter November

### 30, 1999: 40 CFR 

### 60, Subpart CCCC, as amended September

### 22, 2005, is hereby incorporated and adopted by reference. 

### 76. Standards of Performance forOther Solid Waste Incinerator UnitsforWhich Construction is CommencedAfter December

### 9, 2004, orforWhich Modification or Reconstruction is Commenced on orAfterJune 

### 16, 2006: 40 CFR Part 

### 60 Subpart EEEE, as amended November 

### 24, 2006, is hereby incorporated and adopted by reference. 77. Standards of Performance for Stationary Compression Ignition Internal Combustion Engines: 

### 40 CFR Part

### 60 Subpart 1111, as promulgated July 

### 11, 2QQ6June 

### 28. 2011, is hereby incorporated and adopted by reference. 

### 78. Standards of Performance forStationary Combustion Turbines: 

### 40 CFR Part 

### 60 Subpart KKKK, as amended March 

### 20, 2009, is hereby incorporated and adopted by reference. 

### 79. Standards of Performance for Stationary Spark Ignition Internal Combustion Engines: 

### 40

A-34

### Chapter 391-3-1 Rules forAir Quality Control CFR Part 60 Subpart JJJJ, as amended October B, 200BJune 28, 2011, is hereby incorporated and adopted 

### byreference. 80. Standards of Performance for Equipment Leaks ofVOC in the Synthetic Organic Chemicals Manufacturing Industry ForWhich Construction, Reconstruction, or Modification Commenced after November7, 2006: 40 CFR Part 60 SubpartWa, as amended June 2, 2008, is hereby incorporated and adopted 

### by reference. 81. Standards of Performance for Equipment Leaks ofVOC in Petroleum Refineries ForWhich Construction, Reconstruction, or Modification Commenced after November7, 2006: 40 CFR Part 60 Subpart GGGa, as amended June 2, 2008, is hereby incorporated and adopted 

### by reference. 82. Standards of Performance for Petroleum Refineries forWhich Construction, Reconstruction, or Modification Commenced After May 14, 2007: 40 CFR Part 60 Subpart Ja, as amended December22, 200BFebruary 25, 2011, is hereby incorporated and adopted 

### by reference. 83. Standards of Performance for New Sewage Sludge Incineration Units: 40 CFR Part 60 Subpart LLLL, as promulgated March 21, 2011, is hereby incorporated and adopted by reference.



### Rule 391-3-1-.02 paragraph (9)(b), Emission Standards for Hazardous Air Pollutants is updated to read as follows: 

### (b) Emission Standards for Hazardous Air Pollutants. 1. Emission Standard for Beryllium: 40 CFR, Part 61, Subpart C, as amended October 17, 2000, is hereby incorporated and adopted by reference. 2. Emission Standard for Beryllium Rocket Motor Firing: 40 CFR, Part 61, Subpart D, as amended October 17, 2000, is hereby incorporated and adopted by reference. 3. Emission Standard for Mercury: 40 CFR, Part 61, Subpart E, as amended October 17, 2000, is hereby incorporated and adopted by reference. 4. Emission Standard forVinyl Chloride: 40 CFR, Part 61, Subpart F, as amended October 17, 2000, is hereby incorporated and adopted by reference. 5. Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene: 40 CFR, Part 61, Subpart J, as amended December 14, 2000, is hereby incorporated and adopted by reference. 6. Emission Standardfor Benzene Emissionsfrom Coke Byproduct Recovery Plants: 40 CFR, Part 61, Subpart L, as amended October 17, 2000, is hereby incorporated and adopted by reference.

A-35Chapter 391-3-1 Rules for Air Quality Control 7. Emission Standard forAsbestos (including work practices): 40 CFR, Part 61, Subpart M, as amended July20, 2004, is hereby incorporated and adopted by reference. 8. Emission Standardfor InorganicArsenic Emissions from Glass Manufacturing Plants: 40 CFR, Part 61, Subpart N, as amended October 17, 2000, is hereby incorporated and adopted by reference. 9. Emission Standardfor InorganicArsenic Emissionsfrom Primary Copper Smelters: 40 CFR, Part 61, Subpart 

### 0, as amended October 17, 2000, is hereby incorporated and adopted by reference. 10. Emission Standardfor InorganicArsenic Emissionsfrom ArsenicTrioxide and Metallic Arsenic Production Facilities: 40 CFR, Part 61, Subpart P, as amended October3, 1986, is hereby incorporated and adopted by reference. 11. Emission Standard for Equipment Leaks (Fugitive Emission Sources) [ofVHAP]: 40 CFR, Part 61, SubpartV, as amended December 14, 2000, is hereby incorporated and adopted by reference. 12. Emission Standardfor Benzene Emissions from Benzene Storage Vessels: 40 CFR, Part 61, SubpartY, as amended December 14, 2000, is hereby incorporated and adopted by reference. 13. Emission Standard for Benzene Emissions from Benzene TransferOperations: 40 CFR, Part 61, Subpart BB, as amended December 14, 2000, is hereby incorporated and adopted by reference. 14. Emission Standardfor BenzeneWaste Operations: 40 CFR, Part 61, Subpart FF, as amended December4, 2003, is hereby incorporated and adopted by reference. 15. General Provisions. For purposes ofapplying Emission Standards for HazardousAir Pollutants, 40 CFR, Part 63, SubpartA, as amended December22, 2008December 1, 2011, [excluding 63.13, and 63.15(a)(2)] is hereby incorporated and adopted by reference subjectto thefollowing provisions: (i) The definition of "Potential to Emit" in 40 CFR, Part 63.2, shall be modified as follows: (I) The phrase "is federally enforceable" shall read "is federally enforceable orenforceable as a practical matter." 16. Requirementsfor Control Technology Determinations for MajorSources in Accordance with Clean AirAct Paragraph 112(g): 40 CFR, Parts 63.40 through 63.44, as amended June 30, 1999, is hereby incorporated and adopted by reference, subjectto the following provisions: (i) Terms used in this paragraph shall have the meaning given to them in the Clean AirAct, 40 CFR 63 SubpartsA and B, and the GeorgiaAir QualityAct. (ii) The "Effective Date of Paragraph 112(g)(2)(8)," as defined in 40 CFR63.41, shall be June 29, 1998.

A-36Chapter 391-3-1 Rules for Air Quality Control (iii) The "Notice of MACTApproval," as defined in 40 CFR 63.41, shall be the air construction permit issued bythe Division. (iv) The "PermittingAuthority," as defined in 40 CFR 63.41, shall bethe Division. (v) In lieu ofthe administrative proceduresfor review ofthe NoticeofMACTApproval, as set forth in 40 CFR 63.43(f)(1) through (5), the Division will act in accordancewith the permitting requirements as setforth in Chapter 391-3-1-.03 Permits, as amended, and administrative proceduresfor preconstruction review and approval established by the Division. (vi) In lieu ofthe opportunityfor public comment on the Notice of MACTApproval, as setforth in 40 CFR 63.43(h), the Division will provide opportunityfor public comment on the Notice of MACTApproval pursuantto Chapter391-3-1-.03 (2)(i). (vii) The Notice of MACTApproval shall become effective upon issuance ofthe air construction permit by the Division. 17. Requirements for Control Technology Determinations for MajorSources in Accordancewith the Clean AirAct sections 1120): 40 CFR 63, Subpart B, Sections 63.50 through 63.56, as amended July 11, 2005, is hereby incorporated and adopted by reference. 18. [reserved] 19. Compliance Extensions for Early Reductions: 40 CFR, Part 63, Subpart D, as amended November21, 1994, is hereby incorporated and adopted by reference. 20. Emission StandardsforOrganic HazardousAir Pollutantsfrom the Synthetic Organic Chemical Manufacturing Industry, 40 CFR 63, Subpart F, as amended December21, 2006, is hereby incorporated and adopted by reference. 21. Emission StandardsforOrganic Hazardous Air Pollutantsfrom SyntheticOrganic Chemical Manufacturing Industry for Process Vents, Storage Vessels, TransferOperations, and Wastewater, 40 CFR 63, SubpartG, as amended December22, 2008, is hereby incorporated and adopted by reference. Only procedures listed in. 63.112(e) of40 CFR 63, SubpartG, shall be used to comply with the emission standard in 63.112(a) unless otherwise specifically approved by the Director. 22. Emission StandardsforOrganic Hazardous Air Pollutants for Equipment Leaks, 40 CFR 63, Subpart H, as amended December22, 2008, is hereby incorporated and adopted by reference. 23. Emission StandardsforOrganic Hazardous Air PollutantsforCertain Processes Subjectto the Negotiated Regulation for Equipment Leaks, 40 CFR 63, Subpart I, as amended June 23, 2003, is hereby incorporated and adopted by reference. 24. Emission Standardsfor Polyvinyl Chloride and Copolymers Production, 40 CFR Part 63, SubpartJ, as amended July 10, 2002, is hereby incorporated and adopted by reference. 25. [reserved]

A-37Chapter 391-3-1 Rules forAir Quality Control

26. Emission Standards forCoke Oven Batteries, 40 CFR 63, Subpart L, as amendedApril 20, 2005, is hereby incorporated and adopted by reference. 27. Perchloroethylene Air Emission Standardsfor Dry Cleaning Facilities, 40 CFR 63, Subpart M, as amended July 11, 2008, is hereby incorporated and adopted by reference. 28. Emission StandardsforChromium Emissionsfrom Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, 40 CFR 63, Subpart N, as amendedApril20, 2006, is hereby incorporated and adopted by reference. 29. Ethylene Oxide Emissions Standards for Sterilization Facilities, 40 CFR 63, Subpart 

### 0, as amended December 19, 2005, is hereby incorporated and adopted by reference. 30. [reserved] 31. Emission Standardsfor HazardousAir Pollutantsfor Industrial Process Cooling Towers, 40 CFR 63, Subpart Q, as amended April 7, 2006, is hereby incorporated and adopted by reference. 32. Emission StandardsforGasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations), 40 CFR 63, Subpart R, as amended December 22, 2008, is hereby incorporated and adopted by reference. 33. Emission Standardsfor Pulp & Paper Industries, 40 CFR 63, Subpart S, as amendedApril 13, 2004, is hereby incorporated and adopted by reference. 34. Emission Standardsfor Halogenated Solvent Cleaning, 40 CFR 63, SubpartT, as amended May 3, 2007, is hereby incorporated and adopted by reference. 35. Emission Standardsfor HazardousAir Pollutant Emissions: Group I Polymers and Resins, 40 CFR 63, Subpart U, as amended Deserntler22, 2008April 21, 2011, is hereby incorporated and adopted by reference. 36. [reserved] 37. Emission Standards for HazardousAir Pollutants for Epoxy Resins Production and NonNylon Polyamides Production, 40 CFR 63, SubpartW, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 38. Emission Standardsfor HazardousAir Pollutants From Secondary Lead Smelting, 40 CFR 63, SubpartX, as amended June 23, 2003Januarv 5. 2012, is hereby incorporated and adopted by reference. 39. Emission Standards for Marine TankVessel Loading Operations, 40 CFR 63, SubpartY, as amended April 20, 200€1April 21, 2011, is hereby incorporated and adopted by reference. 40. [reserved]

A-38Chapter 391-3-1 Rules forAirQuality Control 41. Emission Standardsfor HazardousAir Pollutants from PhosphoricAcid Manufacturing Plants, 40 CFR 63, SubpartAA, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 42. Emission Standardsfor Hazardous Air Pollutants from Phosphate Fertilizers Production Plants, 40 CFR 63, Subpart 88, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 43. Emission Standardsfor HazardousAir Pollutants from Petroleum Refineries, 40 CFR 63, Subpart CC, as amended ,hme :JO, 201OJuly 18, 2011, is hereby incorporated and adopted by reference. Only procedures listed in 63.642(k) of40 CFR 63, Subpart CC shall be used to complywith the emission standard in 63.642(g). 44. Emission Standards for HazardousAir Pollutantsfrom Off-SiteWaste and Recovery Operations, 40 CFR 63, Subpart DD, as amended April 20, 2006, is hereby incorporated and adopted by reference. 45. Emission Standards for MagneticTape Manufacturing Operations, 40 CFR 63, Subpart EE, as amended June23, 2003, is hereby incorporated and adopted by reference. 46. [reserved) 47. Emission StandardsforAerospace Manufacturing and Rework Facilities, 40 CFR 63, Subpart GG, as amended April 20, 2006, is hereby incorporated and adopted by reference. 48. Emission Standardsfor HazardousAir Pollutants for Source Categories: Oil & Natural Gas Production Facilities, 40 CFR 63, Subpart HH, as amended December22, 2008, is hereby incorporated and adopted by reference. 49. Emission Standardsfor Shipbuilding and Ship Repair (Surface Coating), 40 CFR 63, Subpart II, as amended JllRe 2:l, 200:lNovember21, 2011, is hereby incorporated and adopted by reference. 50. Emission StandardsforWood Furniture Manufacturing Operations, 40 CFR 63, SubpartJJ, as amended JllRe 2:l, 200:lNovember21, 2011, is hereby incorporated and adopted by reference. 51. Emission Standardsforthe Printing and Publishing Industry, 40 CFR 63, Subpart KK, as amended May 24, 2006April21, 2011, is hereby incorporated and adopted by reference. 52. Emission Standardsfor HazardousAir Pollutants for Source Categories: PrimaryAluminum Reduction Plants, 40 CFR 63, Subpart LL, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 53. Emission Standardsfor Hazardous Air Pollutants for Source Categories: Combustion Sources at Kraft, Soda, and Sulfite Pulp and Paper Mills, 40 CFR 63, Subpart MM, as amended April 20, 2006, is hereby incorporated and adopted by reference. 54. [reserved)

A-39Chapter 391-3-1 Rules for Air Quality Control

55. Emission Standards forTanks-Level 1, 40 CFR 63, Subpart

### 00, as amended June 23, 2003, is hereby incorporated and adopted by reference. 56. Emission StandardsforContainers, 40 CFR 63, Subpart PP, as amended June23, 2003, is hereby incorporated and adopted by reference. 57. Emission Standardsfor Surface Impoundments, 40 CFR63, Subpart QQ, as amended June 23, 2003, is hereby incorporated and adopted by reference. 58. Emission Standards for Individual Drain Systems, 40 CFR 63, Subpart RR, as amended June 23, 2003, is hereby incorporated and adopted by reference. 59. Emission Standards for HazardousAir Pollutants from: Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System ora Process, 40 CFR 63, Subpart SS, as amendedApril 20,2006, is hereby incorporated and adopted by reference. 60. Emission Standardsfor HazardousAir Pollutants from Equipment Leaks--Control Level 1, 40 CFR 63, SubpartTT, as amended July 12, 2002, is hereby incorporated and adopted by reference. 61. Emission Standards for Hazardous Air Pollutants from Equipment Leaks--Control Level 2 Standards, 40 CFR 63, Subpart UU, as amended July 12, 2002, is hereby incorporated and adopted by reference. 62. Emission StandardsforOil-Water Separators and Organic-Water Separators, 40 CFR 63, Subpart

### W, as amended June 23, 2003, is hereby incorporated and adopted by reference. 63. Emission Standards for HazardousAir Pollutants from Storage Vessels (Tanks)--Control Level2, 40 CFR 63, SubpartWW, as amended July 12, 2002, is hereby incorporated and adopted by reference. 64. Emission Standardsfor Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations, 40 CFR Part 63, SubpartXX, as amendedApril 13, 2005, is hereby incorporated and adopted by reference. 65. Emission Standardsfor HazardousAir Pollutants forSource Categories: Generic Maximum Achievable Control Technology Standards, 40 CFR 63, SubpartYY, as amended April 20, 2006, is hereby incorporated and adopted by reference. 66. [reserved] 67. [reserved] 68. [reserved] 69. Emission standards for HazardousAir Pollutants for Source Categories: Steel Pickling

-- HCI Process Facilities and HydrochloricAcid Regeneration Plants, 40 CFR63, SubpartCCC, as amended April 20, 2006, is hereby incorporated and adopted by reference.

A-40Chapter 391-3-1 Rules for Air Quality Control

70. Emission Standards for HazardousAir Pollutantsfor Source Categories: MineralWool Production, 40 CFR 63, Subpart ODD, as amended June 23, 2003, is hereby incorporated and adopted by reference. 71. Emission Standards for HazardousAir Pollutantsfor Source Categories: HazardousWaste Combustors, 40 CFR63, Subpart EEE, as amended October28, 2008, is hereby incorporated and adopted by reference. 72. [reserved] 73. Emission Standardsfor Hazardous Air Pollutantsfor Source Categories: Pharmaceuticals Production, 40 CFR 63, Subpart GGG, as amended December 22, 2008April 21, 2011, is hereby incorporated and adopted by reference. 

### 74. Emission Standardsfor HazardousAir Pollutantsfor Source Categories: Natural Gas Transmission and Storage Facilities, 40 CFR63, Subpart HHH, as amended December22, 2008, is hereby incorporated and adopted by reference. 

### 75. Emission Standardsfor HazardousAir Pollutantsfor Source Categories: Flexible Polyurethane Foam Production, 40 CFR 63, Subpart Ill, as amended June 23, 2003, is hereby incorporated and adopted by reference. 76. Emission Standardsfor HazardousAir Pollutant Emissions: Group IV Polymers and Resins, 40 CFR 63, SubpartJJJ, as amended December22, 2008, is hereby incorporated and adopted by reference. 77. [reserved] 78. Emission Standards for HazardousAir Pollutantsfor Source Categories: Portland Cement Manufacturing Industry, 40 CFR 63, Subpart LLL, as amended Sefl!ember9, 201OMay 17, 2011 is hereby incorporated and adopted by reference. 

### 79. Emission Standardsfor HazardousAir Pollutantsfor Source Categories: PesticideActive Ingredient Production, 40 CFR 63, Subpart MMM, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 80. Emission Standardsfor HazardousAir Pollutants for Source Categories: Wool Fiberglass Manufacturing, 40 CFR63, Subpart NNN, as amended April 20, 2006, is hereby incorporated and adopted by reference. 81. Emission Standardsfor HazardousAir Pollutantsfor Source Categories: Amino/Phenolic Resins Production, 40 CFR 63, Subpart 

### 000, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 82. Emission Standardsfor HazardousAir Pollutants for Source Categories: Polyether Polyols Production, 40 CFR63, Subpart PPP, as amended April 20, 2006, is hereby incorporated and adopted by reference.

A-41Chapter391-3-1 Rules forAir Quality Control 83. Emission Standardsfor Hazardous Air Pollutantsfor Primary Copper Smelting, 40 CFR Part 63, Subpart QQQ, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 84. Emission Standardsfor HazardousAir Pollutants forSecondaryAluminum Production, 40 CFR, 63, Subpart RRR, as amended April 20, 2006, is hereby incorporated and adopted by reference. 85. [reserved] 86. Emission Standards for HazardousAir Pollutants for Source Categories: Primary Lead Smelting, 40 CFR 63, SubpartTTT, as amendedA13ril 20, 2QQ6November 15, 2011, is hereby incorporated and adopted by reference. 87. Emission Standards for Petroleum Refineries: Catalytic Cracking, Catalytic Reforming, and Sulfur Plant Units, 40 CFR Part 63, Subpart UUU, as amended April 20, 2006, is hereby incorporated and adopted by reference. 88. Emission Standards for HazardousAir Pollutants for Source Categories: Publicly Owned TreatmentWorks, 40 CFR 63, SubpartVW, as amended December22, 2008, is hereby incorporated and adopted by reference. 89. [reserved] 90. Emission Standardsfor Hazardous Air Pollutants forSource Categories: Ferroalloys Production: Ferromanganese and Silicomanganese, 40 CFR 63, SubpartXXX, as amended April 20, 2006, is hereby incorporated and adopted by reference. 91. [reserved] 92. [reserved] 93. Emission Standardsfor HazardousAir Pollutants for Source Categories: Municipal Solid Waste Landfills, 40 CFR Part 63, SubpartAAAA, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 94. [reserved] 95. Emission Standardsfor Hazardous Air Pollutants for Source Categories: Nutritional Yeast Manufacturing, 40 CFR Part 63, Subpart CCCC, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 96. Emission Standardsfor HazardousAir Pollutants: Plywood and Composite Wood Products, 40 CFR Part 63, Subpart DDDD, as amended October29, 2007, is hereby incorporated and adopted for reference. 97. Emission Standardsfor HazardousAir Pollutants: Organic Liquid Distribution (nongasoline), 40 CFR Part 63, Subpart EEEE, as amended December22, 2008, is hereby incorporated and adopted for reference.

A-42Chapter 391-3-1 Rules forAir Quality Control

98. Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing, 40 CFR Part 63, Subpart FFFF, as amended December22, 2008, is hereby incorporated and adopted by reference. 99. Emission Standardsfor Hazardous Air Pollutants for Source Categories: Vegetable Oil Production, 40 CFR Part 63, Subpart GGGG, as amended April 20, 2006, is hereby incorporated and adopted by reference. 100. Emission Standards for HazardousAir Pollutants forWet Formed Fiberglass Mat Production, 40 CFR Part 63, Subpart HHHH, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 101. Emission Standards for HazardousAir Pollutants: Surface Coating ofAutomobiles and Light-DutyTrucks, 40 CFR Part63, Subpart 1111, as amendedApril 24, 2007, is hereby incorporated and adopted by reference. 102. Emission Standardsfor HazardousAir Pollutantsfor Paper and OtherWeb Coatings, 40 CFR Part 63, Subpart

### JJJJ, as amended May 24, 2006, is hereby incorporated and adopted by reference. 103. Emission Standards for Hazardous Air Pollutants: Surface Coating ofMetal Cans, 40 CFR Part 63, Subpart KKKK, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 104. [reserved] 105. Emission Standardsfor Hazardous Air Pollutants: Surface Coating of Miscellaneous Metal Parts and Products, 40 CFR Part 63, Subpart MMMM, as amended December22, 2006, is hereby incorporated and adopted by reference. 106. Emission Standards for Hazardous Air Pollutantsfor Large Appliances Surface Coating Operations, 40 CFR Part 63, Subpart NNNN, as amended April 20, 2006, is hereby incorporated and adopted by reference. 107. Emission Standards for HazardousAir Pollutants: Printing, Coating, and Dyeing of Fabrics and OtherTextiles, 40 CFR Part63, Subpart 0000, as amended May 24, 2006, is hereby incorporated and adopted by reference. 108. Emission Standards for Hazardous Air Pollutants: Surface Coating of Plastic Parts and Products, 40 CFR Part 63, Subpart PPPP, as amendedApril 24, 2007, is hereby incorporated and adopted by reference. 109. Emission Standards for HazardousAir Pollutants: Surface Coating ofWood Building Products, 40 CFR Part 63, Subpart QQQQ, as amendedApril 20, 2006, is hereby incorporated and adopted by reference.

A-43Chapter 391-3-1 Rules for Air Quality Control 110. Emission Standards for HazardousAir Pollutants: Surface Coating ofMetal Furniture, 40 CFR Part 63, Subpart RRRR, as amended April 20, 2006, is hereby incorporated and adopted byreference. 111. Emission Standards for HazardousAir Pollutants for Metal Coil Surface Coating Operations, 40 CFR Part 63, Subpart SSSS, as amended March 17, 2003, is hereby incorporated and adopted by reference. 112. Emission Standards for HazardousAir Pollutantsfor Leather Finishing Operations, 40 CFR Part63, SubpartTTTT, as amended February 7, 2005, is hereby incorporated and adopted by reference. 113. Emission Standardsfor HazardousAir Pollutantsfor Cellulose Products Manufacturing, 40 CFR Part 63, Subpart UUUU, as amended December22, 2008, is hereby incorporated and adopted by reference. 114. Emission Standards for HazardousAir Pollutants for Source Categories: Boat Manufacturing, 40 CFR Part 63, SubpartWW, as amended October3, 2001, is hereby incorporated and adopted by reference. 115. Emission Standards for HazardousAir Pollutants: Reinforced Plastic Composites Production, 40 CFR Part 63, SubpartWWWW, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 116. Emission Standardsfor HazardousAir PollutantsforTire Manufacturing, 40 CFR Part 63, SubpartXXXX, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 117. Emission Standards for HazardousAir Pollutants for Stationary Combustion Engines, 40 CFR Part 63, Subpart YYYY, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 118. Emission Standards for HazardousAir Pollutantsfor Reciprocating Internal Combustion Engines, 40 CFR Part 63, SubpartZZZZ, as amended**Allg~oJst** 20, 201OMarch 9, 2011, is hereby incorporated and adopted by reference. 119. Emission Standardsfor HazardousAir Pollutantsfor Lime Manufacturing Plants, 40 CFR Part 63, SubpartAAAAA, as amended April 20, 2006, is hereby incorporated and adopted by reference. 120. Emission Standards for Hazardous Air Pollutants: Semiconductor Manufacturing, 40 CFR Part 63, Subpart BBBBB, as amended July 22, 2008, is hereby incorporated and adopted by reference. 121. Emission Standards for HazardousAir Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks, 40 CFR Part 63, Subpart CCCCC, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 122. [reserved]

A-44Chapter 391-3-1 Rules for Air Quality Control 123. Emission Standardsfor HazardousAir Pollutants for Iron and Steel Foundries, 40 CFR 63, Subpart EEEEE, as amended February 7, 2008, is hereby incorporated by reference. 124. Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing, 40 CFR Part 63, Subpart FFFFF, as amended July 13, 2006, is hereby incorporated and adopted by reference. 125. Emission Standards for HazardousAir Pollutants: Site Remediation, 40 CFR Part 63, Subpart GGGGG, as amended December22, 2008, is hereby incorporated and adopted by reference. 126. Emission Standardsfor Hazardous Air Pollutants: Miscellaneous Coating Manufacturing, 40 CFR Part 63, Subpart HHHHH, as amended December22, 2008, is hereby incorporated and adopted by reference. 127. Emission Standards for HazardousAir Pollutants: Mercury Emissions from Mercury Cell Chlor-Aikali Plants, 40 CFR Part 63, Subpart IIIII, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 128. [reserved] 129. [reserved] 130. Emission Standards for HazardousAir Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing, 40 CFR Part 63, Subpart LLLLL, as amended April 20, 2006, is hereby incorporated and adopted by reference. 131. Emission Standards for HazardousAir Pollutants: Flexible Polyurethane Foam Fabrication Operations, 40 CFR Part63, Subpart MMMMM, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 132. Emission Standards for HazardousAir Pollutants: HydrochloricAcid Production, 40 CFR Part 63, Subpart NNNNN, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 133. [reserved] 134. Emission Standards for Hazardous Air Pollutants: Engine Test Cells/Stands, 40 CFR Part 63, Subpart PPPPP, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 135. Emission Standards for Hazardous Air Pollutantsfor Friction Materials Manufacturing Facilities, 40 CFR Part 63, Subpart QQQQQ, as amended April 20, 2006, is hereby incorporated and adopted by reference. 136. Emission Standardsfor Hazardous Air Pollutants: Taconite Iron Ore Processing, 40 CFR Part 63, Subpart RRRRR, as amended April 20, 2006, is hereby incorporated and adopted by reference.

A-45Chapter 391-3-1 Rules for Air Quality Control 137. Emission Standards for HazardousAir Pollutantsfor Refractory Products Manufacturing, 40 CFR Part 63, Subpart SSSSS, as amended April 20, 2006, is hereby incorporated and adopted by reference. 138. Emission Standards for HazardousAir Pollutantsfor Primary Magnesium Manufacturing, 40 CFR Part 63, SubpartTTTTT, as amendedApril 20, 2006, is hereby incorporated and adopted by reference. 139. [reserved] 140. [reserved] 141. Emission Standards for Hospital Ethylene Oxide Sterilizers, 40 CFR Part 63, Subpart 

### WWVIJWVV, as promulgated December28, 2007, is hereby incorporated and adopted by reference. 142. [reserved] 143. Emission Standards for HazardousAir PollutantsforArea Sources: ElectricArc Furnace Steelmaking Facilities, 40 CFR Part 63, SubpartYYYYY, as promulgated December28, 2007, is hereby incorporated and adopted by reference. 144. Emission Standards for Hazardous Air Pollutantsfor Iron and Steel FoundriesArea Sources, 40 CFR Part 63, SubpartZZZZZ, as promulgated January 2, 2008, is hereby incorporated and adopted by reference. 145. [reserved] 146. Emission Standards for HazardousAir Pollutants for Source Category: Gasoline Bulk Terminals, Bulk Plants, and Pipeline Facilities, 40 CFR Part 63, Subpart BBBBBB, as amended January 24, 2011, is hereby incorporated and adopted by reference. 147. Emission Standards for HazardousAir Pollutantsfor Source Category: Gasoline Dispensing Facilities, 40 CFR Part 63, Subpart CCCCCC, as amended January24, 2011, is hereby incorporated and adopted by reference. 148. Emission Standards for HazardousAir Pollutantsfor Polyvinyl Chloride and Copolymers ProductionArea Sources, 40 CFR Part 63, Subpart DDDDDD, as promulgated January 23, 2007, is hereby incorporated and adopted by reference. 149. Emission Standards for Hazardous Air Pollutantsfor Primary CopperSmelting Area Sources, 40 CFR Part 63, Subpart EEEEEE, as amended July 3, 2007, is hereby incorporated and adopted by reference. 150. Emission Standards for Hazardous Air Pollutantsfor Secondary Copper Smelting Area Sources, 40 CFR Part 63, Subpart FFFFFF, as amended July 3, 2007, is hereby incorporated and adopted by reference.

A-46Chapter 391-3-1 Rules for Air Quality Control 151. Emission Standards for HazardousAir Pollutantsfor Primary Nonferrous MetalsArea Sources- Zinc, Cadmium, and Beryllium, 40 CFR Part 63, Subpart GGGGGG, as promulgated January 23, 2007, is hereby incorporated and adopted by reference. 152. Emission Standards for HazardousAir Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations atArea Sources, 40 CFR Part 63, Subpart HHHHHH, as amended February 13, 2008, is hereby incorporated and adopted by reference. 153. [reserved] 154. [reserved] 155. [reserved] 156. Emission Standards for HazardousAir Pollutants forAcrylic and Modacrylic Fibers ProductionArea Sources, 40 CFR Part 63, Subpart LLLLLL, as amended March 26, 2008, is hereby incorporated and adopted by reference. 157. Emission Standards for HazardousAir Pollutants for Carbon Black Production Area Sources, 40 CFR Part 63, Subpart MMMMMM, as amended March 26, 2008, is hereby incorporated and adopted by reference. 158. Emission Standards for HazardousAir Pollutantsfor Chemical Manufacturing Area Sources: Chromium Compounds, 40 CFR Part 63, Subpart NNNNNN, as amended March 26, 2008, is hereby incorporated and adopted by reference. 159. Emission Standards for HazardousAir Pollutantsfor Flexible Polyurethane Foam Production and Fabrication Area Sources, 40 CFR Part 63, Subpart000000, as amended March 26, 2008, is hereby incorporated and adopted by reference. 160. Emission Standards for HazardousAir Pollutantsfor Lead Acid Battery Manufacturing Area Sources, 40 CFR Part 63, Subpart PPPPPP, as amended March 26, 2008, is hereby incorporated and adopted by reference. 161. Emission Standards for HazardousAir PollutantsforWood Preserving Area Sources, 40 CFR Part 63, Subpart QQQQQQ, as amended March 26, 2008, is hereby incorporated and adopted by reference. 162. Emission Standards for HazardousAir PollutantsforClay Ceramics ManufacturingArea Sources, 40 CFR Part 63, Subpart RRRRRR, as promulgated December26, 2007, is hereby incorporated and adopted by reference. 163. Emission Standards for Hazardous Air Pollutantsfor Glass Manufacturing Area Sources, 40 CFR Part 63, Subpart SSSSSS, as promulgated December26, 2007, is hereby incorporated and adopted by reference. 164. Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals Processing Area Sources, 40 CFR Part 63, SubpartTTTTTT, as promulgated December26, 2007, is hereby incorporated and adopted by reference.

A-47Chapter 391-3-1 Rules forAir Quality Control

165. [reserved] 166. Emission Standardsfor HazardousAir Pollutants for Chemical Manufacturing Area Sources, 40 CFR Part 63, SubpartWVWV, as amended Desemeer 14, 2010March 14, 2011, is hereby incorporated and adopted by reference. 167. Emission Standardsfor HazardousAir Pollutants: Area Source Standards for Plating and Polishing Operations, 40 CFR Part 63, SubpartWWWWWW, as**prem~o~l§atei:J J~o~ly**  1, 2GOOamended September 19, 2011, is hereby incorporated and adopted by reference. 168. Emission Standards for HazardousAir Pollutants: Area Source Standardsfor Nine Metal Fabrication and Finishing Source Categories, 40 CFR Part 63, SubpartXXXXXX, as promulgated July 23, 2008, is hereby incorporated and adopted by reference. 169. Emission Standards for HazardousAir PollutantsforArea Sources: Ferroalloys Production Facilities, 40 CFR Part 63, Subpart YYYYYY, as promulgated December23, 2008, is hereby incorporated and adopted by reference. 170. Emission Standards for HazardousAir Pollutants: Area Source Standards forAluminum, Copper, and Other Nonferrous Foundries, 40 CFR Part 63, SubpartZZZZZZ, as amended September 10, 2009, is hereby incorporated and adopted by reference. 171. Emission Standards for HazardousAir PollutantsforArea Sources: Asphalt Processing and Asphalt Roofing Manufacturing, 40 CFR Part 63, SubpartAAAAAAA, as amended March 18, 2010, is hereby incorporated and adopted by reference. 172. Emission Standardsfor HazardousAir PollutantsforArea Sources: Chemical Preparations Industry, 40 CFR Part 63, Subpart BBBBBBB, as promulgated December 30, 2009, is hereby incorporated and adopted by reference. 173. Emission Standardsfor Hazardous Air PollutantsforArea Sources: Paints and Allied Products Manufacturing, 40 CFR Part 63, SubpartCCCCCCC, as amended June 3, 2010, is hereby incorporated and adopted by reference. 174. Emission Standardsfor Hazardous Air Pollutants: Area Source Standardsfor Prepared Feeds Manufacturing, 40 CFR Part 63, Subpart DDDDDDD, as amended**J~o~ly** 20, :IDWDecember23, 2011, is hereby incorporated and adopted by reference. 175. Emission Standards for HazardousAir Pollutants: Gold Mine Ore Processing and ProductionArea Source Category, 40 CFR Part 63, Subpart EEEEEEE, as promulgated February 17, 2011, is hereby incorporated and adopted by reference.

Rule 391-3-1-.03, paragraph (6) Exemptions., subparagraph (i) Other. is updated to read as follows: 

### (i) Other.

A-48Chapter391-3-1 Rules for Air Quality Control 1. Facilities where the combined emissions from all non-exempt source activities [i.e., not listed in 391-3-1-.03(6)(a)-(h)] are belowthe following for all pollutants: (i) 50tons peryear ofcarbon monoxide; (ii) 300 pounds peryearof lead total; with a 3.0 pound perday maximum emission; (iii) 20tons peryear ofparticulate matter, PM 10, orsulfurdioxide; (iv) 20tons peryear of nitrogen oxides orVOCs except in the counties ofCherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, or Rockdale, where less than 5tons peryear ofnitrogen oxides orVOCs is exempted; and (v) 2 tons peryeartotal with a 15 pound perday maximum emission ofany single hazardous air pollutant and less than 5tons peryearofany combination of hazardous air pollutants. 2. Facilities where the combined emissions from all source activities are belowthethresholds in "1" above for one or more pollutants, are not required to listthose pollutants in the permit application. 3. Cumulative modifications not covered in an existing permitto an existing permittedfacility where the combined emission increases (excluding any contemporaneous emission decreases, i.e., "netting" is not allowed) from all nonexempt modified activities are belowthe following thresholdsfor all pollutants: (i) 25tons peryear ofcarbon monoxide; (ii) 150 pounds-per-yeartotal with a 1.5 pound-per-day maximum emission oflead; (iii) 10tons peryear ofparticulate matter, PM10 orsulfurdioxide; (iv) 10tons peryearof nitrogen oxides orVOCs except in the counties ofCherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, or Rockdale, where less than 2.5 tons peryearofnitrogen oxides orVOCs is exempted; and (v) 2 tons peryeartotalwith a 15 pound perday maximum emission ofany single hazardous air pollutant and less than 5 tons peryearofany combination of hazardous air pollutants. 4. As an alternative to subparagraph 3, cumulative modifications not covered in an existing permitto an existing permitted facility where the combined emissions increases, including any contemporaneous emission decreases (i.e

.. "netting is allowed") from all nonexempt modified activities are lessthan 10tons peryear ofparticulate matter and PM 10. Forthe purpose ofthis subparagraph, "contemporaneous" means within that period beginning on the date ofissuance ofthe most recent permitthroughthe date ofreissuance ofsuch permit. This shall exclude any amendmentto such permit unless such amendment incorporatesthe previously exempted modification(s) in which case the amendmentshall be considered a reissuance ofsuch permit forthe purpose ofthis subparagraph. Facilities using this exemption shall maintain records of all emissions increases and decreases and shall notify the Division, in writing. within 

### 7 days after making any modification covered bythis subparagraph. The Division may require the use

A-49Chapter391-3-1 Rules forAir Quality Control ofa Division approved form fortracking the emissions increases and decreases. Ifafacility elects to use this subparagraph in lieu ofsubparagraph 3. it shall not use subparagraph 3with respect to particulate matterand PM 10 until such time that all modifications exempted from SIP permitting under subparagraph 4 have been incorporated into the permit. A facility may use subparagraph 3with respect to any pollutant otherthan particulate matterand PM 10while using this subparagraph. Only the following facilities are eligible forthis exemption: (i) Facilities with an SIC code of 1422 or 1423thatare not a major source subjecttothe provisions of391-3-1-.03(10) (i.e

.. a minoror synthetic minor source). 4§.. Changes in a process or process equipmentwhich do not involve installing, constructing, or reconstructing an emission unit orthe primary air cleaning device ofan air pollution control system provided that such changes do not result in the increase ofemissionsfrom any emission unit orthe emissions ofa pollutant not previously emitted. Examples ofsuch changes in a process orprocess equipment include the following: (i) Change in the supplier orformulation ofsimilar raw materials, fuels, orpaints and other coatings; (ii) Changes in productformulations; (iii) Change in the sequence ofthe process; (iv) Change in the method of raw material addition; (v) Change in the method ofproduct packaging; (vi) Change in process operating parameters; (vii) Replacement ofa fuel burner in a boilerwith a more efficient burner; or (viii) Lengthening a paint drying oven to provide additional curing time. a§. Sources of minorsignificance as specified by the Director. 

# ez. Sourcesforwhich there is no applicable emission limit, standard or otheremission requirement established under, by, orpursuanttotheAct. Authority: O.C.G.A. Section 12-9-1 et seq., as amended.

A-50

### Chapter391-3-1 Rules forAir Quality Control



### A RESOLUTION Adopting Amendments to the Rules forAir Quality Control, Chapter391-3-1 WHEREAS, the Board adopted, underthe authority ofThe Georgia Air Quality Act, O.C.G.A. 12-9-1, et seq., the Rules forAir Quality Control, Chapter 391-3-1, which became effective on September26, 1973, and were last amended effective on March 7, 2012; and WHEREAS, the United States Environmental Protection Agency (U.S. EPA) requires that the various Rules for Air Quality Control, Chapter 391-3-1, be modified, as to their coverage and requirements, in orderfor Georgia to retain Federal approval under the Clean AirAct (CAA); and WHEREAS, the proposal for the amendments to the Rules for Air Quality Control, Chapter 391-3-1, has been prepared by staffofthe Environmental Protection Division and presented to this Board; and WHEREAS, amendments to the Rules for Air Quality Control, Chapter 391-3-1, will revise various portions of Rule .01 "Definitions" pertaining to Paragraph (nnnn) "Procedures for Testing and Monitoring Sources of Air Pollutants", Rule .02 "Provisions" pertaining to Subparagraph (2)(c) "Incinerators", Subparagraph (2)(www) "Sewage Sludge Incineration Units Constructed On or Before October 14, 2010", Paragraph (7) "Prevention of Significant Deterioration ofAir Quality", Paragraph (8) "New Source Performance Standards", and Subparagraph (9)(b) "Emission Standards for Hazardous Air Pollutants", and Rule .03 "Permits" pertaining to Paragraph (6) "Exemptions" subparagraph (i) "Other"; and WHEREAS, a public notice for the Air Quality rule amendments was posted on The Air Protection Listserv 

### on Friday, March 9, 2012, along with EPD's Environet website; and a public hearing was held on April 16, 2012, 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 either minimal or if greaterthan minimal, unavoidable due to federal requirements and appropriately minimized; 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 thatfully accomplishes the stated objectives ofthe Georgia AirQualityAct.

A-51Chapter 391-3-1 Rules for Air Quality Control

NOW, THEREFORE, BE IT RESOLVED THATthe Board of Natural Resources hereby adopts the amendmentsto the Rules forAirQuality Control, Chapter 391-3-1, as attached hereto and incorporated herein by reference. Adopted this 27th day ofJune2012. Respectfully submitted by:

Philip C. Watt, Chairman Board of Natural Resources

ATTEST:

PhilipA. Wilheit, Jr., Secretary Board of Natural Resources

A-52

### Chapter 391-3-1 Rules forAir Quality Control



### A RESOLUTION Adopting Amendments to the Rules forAirQuality Control, Chapter391-3-1 WHEREAS, the Board adopted, underthe authority ofThe GeorgiaAir Quality Act, O.C.G.A. 12-9-1, et seq., the Rules forAir Quality Control, Chapter391-3-1, which became effective on September26, 1973, and were last amended effective on March 7, 2012;and WHEREAS, the United States Environmental Protection Agency (U.S. EPA) requires that the various Rules for Air Quality Control, Chapter 391-3-1, be modified, as to their coverage and requirements, in orderfor Georgia to retain Federal approval under the Clean AirAct (CAA); and WHEREAS, the proposal for the amendment to the Rules for Air Quality Control, Chapter 391-3-1, has been prepared by staffofthe Environmental Protection Division and presented to this Board; and WHEREAS, an amendment to the Rules for Air Quality Control, Chapter 391-3-1, will revise Rule.03 "Permits" pertaining to Paragraph (9) "Permit Fees"; and WHEREAS, a public notice for the Air Quality rule amendment was posted on Air Notice Listserv

### on Monday, March 26, 2012, along with EPD's Environetwebsite; and a public hearing was held on May 7, 2012, 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 either minimal or if greaterthan minimal, unavoidable due to federal requirements and appropriately minimized; 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 thatfully accomplishes the stated objectives ofthe Georgia Air QualityAct.Chapter391-3-1 Rules forAirQuality Control

NOW, THEREFORE, BE IT RESOLVED THATthe Board of Natural Resources hereby adopts the amendmentstothe Rules forAirQuality Control, Chapter391-3-1, as attached hereto and incorporated herein by reference. Adopted this

# 2t"day ofJune 2012.

Robert D. Lee ern, Jr., Acting Board of Natural Resources

ATTEST:

### ~-?~-:5

# Georgia Department ofNatural Resources 2 Martin Luther King, Jr., Drive, S.E., Suite 1152 East, Atlanta, Georgia 30334-4100 MarkWilliams, Commissioner Environmental Protection Division Judson H. Turner, Director Phone: 404/656-4713 FAX: 404/651-5778

June 15, 2012



### MEMORANDUM

TO: FROM: I Board of Natural Resourl Judson H. Turner,**Direct~!V1~'""** Environmental Protecti 

### SUBJECT: Action on Proposed A endments to the Rules for Air Quality Control, Chapter 391-3-1 Pertaining toAirQuality Permit Fees



### I requestthe Board's consideration and approval ofthefollowing rule revision: 

### Rules for Air Quality Control, Chapter391-3-1 Rule 391-3-1-.03(9), "Permit Fees," is being amended to specify the fee rates and reference a newfee manual forCalendarYear2011 fees. Please find enclosedforyour review and consideration: Synopsis and Statement of Rationaleforthe proposed amendment to Rules forAirQuality Control; Notice of Public Hearing; Memorandum summarizing comments on the proposed revision; Memorandum regarding the economic impacts ofthe proposed amendment on small businesses and the regulated community; Proposed amendments to the Rules forAirQuality Control showing deletions with**stril~eellls** and additions with underlines; and A proposed resolution foradopting the amendmentto the rules.

Thankyou foryour attention to this proposed rule change. 

### I recommend adoption ofthe proposed amendments as presented.

JHT:JJ:klc Attachments

B-1 

### Page No. B-2 B-3 

### B-5 B-6 B-8 B -12Chapter 391-3-1 Rules forAir Quality Control

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. Purpose:

Main Features: 

### The Permit Fee provision is being revised to specify the dollar-per-ton rate and reference the fee manual for CalendarYear 2011 fees. A dollar-per-ton rate and the reference to the fee manual for Calendar Year 2011 fees are added. The fee manual has been changed to eliminate the tonnage thresholds to which the dollar-per-ton fees apply. All other aspects of the fee manual, including the $34/ton rate, remain unchanged from the previous year. The revisions were developed in conjunction with an industry permitfee workgroup.

STATEMENTOF RATIONALE Rules for Air Quality Control

Rule 391-3-1-.03(9) - Permit Fees 

### The basis ofthis paragraph is to specify the fee rate; the procedures for determining, reporting, and submitting permit fees; and other permit fee-related requirements. The purpose of this revision is to specify the fee rate and reference a new procedures manual for Calendar Year 2011 fees (which will be due beginning September 1, 2012, and will fund state Fiscal Year 2013 fee-related activities). The fee manual has been revised to eliminate the tons-per-year emission thresholds to which the dollar-per-ton fee applies. There will be no increased costs to the public. The revisions were developed with assistance from an industry permitfee workgroup.

B-2Chapter 391-3-1 Rules for Air Quality Control DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION 

### NOTICE OF PUBLIC HEARING AND PROPOSED AMENDMENT TO GEORGIA'S RULES FORAIR QUALITY CONTROL CHAPTER 391-3-1

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 an Amendment to Georgia's Rules for Air Quality Control, Chapter 391-3-1 (hereinafter, "the proposed Air Rule Amendment"). The Director of EPD certifies that the revision ofthis rule amendment is required to comply with Section 502(b)(3) ofthe federal Clean AirAct. The proposed Air Rule Amendment is described below: Rule 391-3-1-.03(9), "Permit Fees," 

### is being amended to specify the fee rates and reference a newfee manual forCalendar Year 2011 fees. This notice, togetherwith an exact copy ofthe proposed Air Rule Amendment, a synopsis, and a statement of rationale ofthe rule revision, 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://gaepd.org/environet/1 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 the Air Protection Branch at 404/363-7000 orthe Environmental Protection Division Director's Office at 1-888-373-5947. To provide the public an opportunity to comment upon and provide input into the proposed Air Rule Amendment, a public hearing will be held at 3:30p.m. on May 7, 2012, in the EPD Training Center located at 4244 International Parkway, Suite 116, Atlanta, Georgia 30354. At the 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 forthe 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 May 14, 2012. Written comments may be emailed to EPDComments@dnr.state.ga.us or sent via regular mail addressed to: Branch Chief, Air Protection Branch, 4244 International Parkway, Suite 120, Atlanta, Georgia, 30354. The proposed Air Rule Amendment will be considered for adoption by the Board of Natural Resources at its meeting at 9:00a.m. on June 27, 2012, in the DNR Board Room located at 2 Martin Luther King, Jr. Drive, Suite 1252, East Tower, Atlanta, Georgia 30334. The meeting is open to the public.

B-3Chapter 391-3-1 Rules forAirQuality Control 

### The proposed Air rule amendment is proposed for adoption pursuant to authority contained in Georgia Air Quality Act {O.C.G.A. Section 12-9-1 et. seq.). For further information, contact the Air Protection Branch at 404/363-7000.

B-4

## Georgia Department of Natural Resources Environmental Protection Division • Air Protection Branch 4244 International Parkway • Suite 120 • Atlanta • Georgia 30354 404/363-7000 • Fax: 404/363-7100 MarkWilliams, Commissioner Judson H. Turner, Director

June 6, 2012

MEMORANDUM To:

From: Judson H. Turner, Director Environmental Protection Division JamesA. Capp, Chief Air Protection Branch Subject: Responses to Comments Received During the Public Comment Period Regarding Proposed Revision to AirQuality Rules, Chapter391-3-1

On March 27, 2012, EPD issued a public notice requesting comments on the proposed revisions to the Georgia Rules forAirQuality, Chapter 391-3-1. The proposed change included the following rule: Rule 391-3-1-.03(9), "Permit Fees," is being amended to specify the fee rates and reference a newfee manual forCalendar Year2011 fees. A public hearing was held at 3:30p.m. on May 7, 2012, in the EPD Training Center located at 4244 International Parkway, Suite 116, Atlanta, Georgia 30354. No public comments were received during the comment period. No changes are recommended for these proposed rule revisions.

JAC:JJ:klc

B-5

### June 6, 2012 MEMORANDUM 

## Georgia Department of Natural Resources Environmental Protection Division • Air Protection Branch 4244 International Parkway • Suite 120• Atlanta • Georgia 30354 404/363-7000 • Fax: 404/363-7100 MarkWilliams, Commissioner Judson H. Turner, Director



### TO: Judson H. Turner, Director Environmental Protection Division FROM: JamesA. Capp, Chief Air Protection Branch SUBJECT: Economic Impact of Proposed Amendments to the Rules forAir Quality Control Pertaining to Chapter 391-3-1

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, the agency reduce the economic impact ofthe Rule on small businesses which are independently owned and operated and are not dominant in their field and employ 100 employees or less. The statute specifically requires that one or more ofthe following actions be implemented when it is legal and feasible in meeting the stated objectives of the statutes which are the basis of the proposed rule in reducing the economic impact. These four actions are:

a. Establishing different requirements or reporting requirements or timetables for small businesses; b. Clarifying, consolidating or simplifying the compliance and reporting requirements underthe rules for small businesses;

c. Establishing performance rather than design standards forsmall businesses; or d. Exempting small businessesfrom any orall requirements ofthe rules. The Georgia Environmental Protection Division (EPD) is proposing an amendment to the Rules for Air Quality Control, Chapter 391-3-1 (Air Quality Rules). The proposed Air Quality rule includes the following amendments: Rule 391-3-1-.03(9), "Permit Fees," 

### is being amended to specify the fee rates and reference a new fee manual for Calendar Year 2011 fees. The fee manual has been changed to eliminate the tonnage thresholds to which the dollar-per-ton fees apply. All other aspects of the fee manual, including the $34/ton rate, remain unchanged from the previous year.

B-6Small Business Impact Memo Rules forAir Quality Control, Chapter 391-3-1 June 6, 2012 Page 2 of2

In consideration ofthe four actions required in the State statute forthe proposed changes to the Air Quality Rules, we offerthe following comments on each ofthe proposed rule amendments: 1. Different compliance orreporting requirements for small businesses: Veryfew small businesses are required to pay permitfees. The reporting is only once peryear and onlytakes afew minutesto complete. 2. Consolidate and/orsimplify compliance or reporting requirements forsmall businesses: Veryfew small businesses are required to pay permitfees. The reporting is only once peryear and onlytakes afew minutes to complete. 3. Performance ratherthan design standardsfor small businesses: Permitfees are administrative in nature, therefore, this issue is not germane forthe proposed rule changes. 

### 4. Exemptions for small businesses: Veryfew small businesses are required to pay permitfees. A very small percentage are required to paythe synthetic minorfee of$1700 and/orthe NSPS fee of$1500. Most small businesses are minorsources, which are already exemptfrom paying permit fees, orare exemptfrom permitting altogetherandtherefore pay no permitfees. These fees are kept as low as possible, butare necessaryto payforthe permitting services that are required by statute. In addition, the Administrative Procedures Act requires that "

...in theformulation 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 ofthe statutes, the basis ofthe proposed rule." Veryfew small businesses are required to pay permitfees. A very small percentage are required to paythe synthetic minorfee of$1700 and/orthe NSPS fee of$1500. Most small businesses are minorsources, which are already exemptfrom paying permitfees, or are exempt from permitting altogether and therefore pay no permitfees. These fees are kept as low as possible, but are necessaryto payforthe permitting servicesthat are required by statute. Therefore, the proposed rule revision does not impose excessive regulatory costs on any regulated person orentity, which costs could be reduced by a less expensive alternative that fully accomplishes the stated objectives ofthe Georgia Air QualityAct. JAC:JJ:klc

B-7

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

PROPOSEDAMENDMENTS TO THE RULES OF THE DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION RELATING TO AIR QUALITY, CHAPTER 391-3-1

The Rules ofthe Department of Natural Resources, Chapter391-3-1, AirQuality Control are hereby amended, added to, repealed in part, revised, as hereinafter explicitlysetforth in the attached amendments, additions, partial repeals, and revisions forspecific rules, orsuch subdivisions thereofas may be indicated. 

### [Note: Underlined text is proposed to be added. Lined-through text is proposed for deletion.] (9) Permit Fees. (a) The owner oroperatorofany stationary source subjecttothe provisions ofGeorgiaAir Quality Rule 391-3-1-.03 "Permits. Amended." shall payto the Division an annual fee or its equivalent (e.g. quarterly payments). 

### (b) The dollar-per-ton fee rate foreach calendaryear is specified in thetable below. Each calendar year's emissions and air permitfees shall be determined and submitted in accordance with the Georgia Departmentof Natural Resources' procedures manual specified below. 

### Calendar $/Ton Rate Procedures Manual Year 1991 $25/Ton "Procedures for Calculating Air Permit Fees" dated July 1, 1992. 1992 $25/Ton "Proceduresfor Calculating 1992Air Permit Fees" dated May 1' 1993. 1993 $25/Ton "Procedures for Calculating Air Permit Fees forCalendarYear 1993" dated February 1, 1994. 1994 $25/Ton "Proceduresfor Calculating Air Permit FeesforCalendarYear 1994" dated May 1, 1995. 1995 $25/Ton "Procedures for Calculating Air Permit FeesforCalendarYear 1995" dated April 2, 1996. 1996 $25/Ton "ProceduresforCalculating Air Permit Fees for Calendar Years 1996and 1997" dated August 1, 1997. 1997 $28/Ton "Procedures for Calculating Air Permit Feesfor Calendar Years 1996and 1997" datedAugust 1, 1997. 1998 $28/Ton "Procedures for CalculatingAir Permit Fees for Calendar Years 1998 and 1999" dated January 19, 1999. 1999 $28/Ton "Procedures for Calculating Air Permit FeesforCalendar Years 1998 and 1999" dated January 19, 1999. 2000 $31/Ton "Proceduresfor Calculating Air Permit Fees for CalendarYear 2000" dated April 30, 2001.

B-8Chapter 391-3-1 Rules forAir Quality Control Calendar $/Ton Rate Procedures Manual Year 2001 $31/Ton "Procedures for Calculating Air Permit Fees for CalendarYear 2001" dated February26, 2002." 2002 $32.50/Ton "Procedures forCalculatin8Air Permit Fees forCalendarYear 2002" dated March 25, 20 3." 2003 $32.50/Ton J::roceaures !Or lj'!l_cu!atlng A1r Permit Fees ror L;alenaarYear 2003" datedApril 20, 2004." 2004 $32.50/Ton "Procedures for Calculatin8 Air Permit Fees forCalendarYear 2004" dated March 22, 20 5. 2005 $33.00/Ton "Proceduresfor Calculatin8Air Permit FeesforCalendarYear 2005" dated March 15, 20 6. 2006 $28.50/Ton "Proceduresfor CalculatinB Air Permit Fees for CalendarYear 2006" dated February 7, 2 07. 2007 $34.00/Ton "Procedures for Calculating Air Permit Fees forCalendarYear 2007" dated April 2, 2008. 2008 $34.00/Ton "Procedures for**Calculatin~** Air Permit Fees forCalendarYear 2008" dated February 12, 009. 2009 $34.00/Ton "Procedures for Calculatin%Air Permit Feesfor CalendarYear 2009" dated January 26, 2 10." $35.84/Ton for coal-fired electric "Procedures for**Calculatin~**Air Permit Fees for CalendarYear 2010 generating units; 2010" dated January 31,2 11." $34/Ton for all othersources $35.84/Ton for coal- 1rec e1ecmc "Procedures for Calculatinq Air Permit Fees forCalendarYear 2011 aeneratma umts· :Pcl4i on ror au 2011" dated March 2, 201 ." ot ersources When no applicable calculation method or procedure is publishedtherein, the Director may specify or approve an applicable method or procedure priorto its use. (c) Forthe purpose ofthis section, thefollowing definitions shall apply: 1. "Criteria Pollutant" meansvolatile organic compounds, sulfurdioxide, particulate matter, and nitrogen oxides. 2. "Stationary source" means all ofthe pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous oradjacent properties, and are underthe control ofthe same person (orpersons undercommon control) except the activities of anyvessel. Pollutant-emitting activities shall be considered as part ofthe same industrial grouping ifthey belong to the same "MajorGroup" (i.e., which have the same firsttwo digit code) as described in the most recent Standard Industrial Classification Manual, published by the U.S. Government Printing Office. (d) No fee shall be collected for more than 4,000tons peryear perstationarysource ofany individual criteria pollutant as calculated in accordancewith the Fee Manual.

B-9Chapter 391-3-1 Rules for Air Quality Control (e) The Director may reduce any permitfee required underthis Chapterto take into the accountthe financial resources ofsmall businesses stationary sources. (f) The collection offees pursuantto this Chaptershall preclude collection ofany air quality control permitfee by any otherstate or local government authority. (g) The collection offees pursuanttothis section shall begin on or afterJuly 1, 1995, and shall be forthe calendaryearending December 31, 1994. Thereafter, permitfees for each calendar year are due no laterthan September 1ofthefollowing calendaryear. Fees shall be paid in accordance with the procedures specified in the Fee Manual. (h) The owner ofa stationary source subjectto this paragraph (9), "Permit Fees" shall make a one-time payment on or beforeApril 30, 2001, in accordancewith the following schedule. This one-time payment shall serve as acredittoward the calendaryear2000 permitfees (which are to be adopted at a laterdate). The procedures and methods contained in the Georgia Department ofNatural Resources Procedures for Calculating Air Permit Fees for Calendar Years 1998 and 1999 dated January 19, 1999 (1998/1999 Fee Manual), which is hereby incorporated by reference, along with calendaryear 2000 activities and emissions shall be used to determine which, ifany, ofthefollowing one-time payments are applicable to each stationary source. 1. Any Stationary Source subjectto one or more Federal Standard of Performancefor New Stationary Sources (NSPS) that is not classified as a Part 70 majorsource is defined in 40 CFR 70.2 shall pay a one-time payment of$400 unless ALL ofthe equipment at the stationary source that is subjectto an NSPS standard is listed in the exception listfound in section 2.0(a) ofthe 1998/1999 Fee Manual and/ordid not operate during calendaryear2000. 2. Any Stationary Source that is classified as a Part 70 majorsource, as defined in 40 CFR 70.2, that operated for any period oftime in calendaryear 2000, and whose calculated emissions (calculated using the Methods ofCalculation contained in section 3.2 ofthe 1998/1999 Fee Manual and calendaryear2000 activities) of EACH OFTHE FOUR criteria pollutants (as defined in section 1.0 ofthe 1998/1999 Fee Manual: particulate matter, sulfur dioxide, volatile organiccompounds, and nitrogen oxides) are less than orequal tothe threshold values listed in section 3.16 ofthe 1998/1999 Fee Manual shall paya one-time payment of $600. 3. Any Stationary Source that is classified as a Part 70 majorsource, as defined in 40 CFR 70.2, that operatedforany period oftime in calendaryear2000, whose calculated emissions (calculated using the Methods ofCalculation contained in section 3.2 ofthe 1998/1999 Fee Manual and calendaryear2000 activities) ofAT LEAST ONE ofthefour criteria pollutants (as defined in section 1.0 ofthe 1998/1999 Fee Manual: particulate matter, sulfurdioxide, volatile organic compounds, and nitrogen oxides) are above the applicable threshold value listed in section 3.16 ofthe 1998/1999 Fee Manual, and whose COMBINED calculated emissions (calculated using the Methods ofCalculation contained in section 3.2 ofthe 1998/1999 Fee Manual and calendaryear2000 activities) is lessthan 700 tons shall pay a one-time payment of $1150. Forthe purpose ofdetermining this one-time payment, the calculated emissions ofany single criteria pollutant shall not be consideredwhen determining ifthe calculated emissions are less than 700 tons ifthe calculated emissions forthat criteria pollutant are less than or equal to the applicablethreshold value listed in section 3.16 ofthe 1998/1999fee manual.

B-10Chapter 391-3-1 Rules for Air Quality Control

4. Any Stationary Source that is classified as a Part 70 majorsource, as defined in 40 CFR 70.2, that operated for any period oftime in calendaryear2000, whosetotal calculated emissions (calculated using the Methods ofCalculation contained in section 3.2 ofthe 1998/1999 Fee Manual and calendar2000 activities) ofAT LEAST ONE ofthe four criteria pollutants (as defined in section 1.0 ofthe 1998/1999 Fee Manual: particulate matter, sulfur dioxide, volatile organic compounds, and nitrogen oxides) is above the applicablethreshold value listed in section 3.16 ofthe 1998/1999 Fee Manual, and whose COMBINED calculated emissions (calculated using the Methods ofCalculation contained in section 3.2 ofthe 1998/1999 Fee Manual and calendaryear2000 activities) are greaterthan orequal to 700 tons shall pay a one-time payment of$3000. Forthe purpose ofdetermining this one-time payment, the calculated emissions ofany single criteria pollutantshall not be considered when determining ifthe calculated emissions are greaterthan or equal to 700tons ifthe calculated emissionsforthat criteria pollutant are lessthan or equal tothe applicable threshold value listed in section 3.16 ofthe 1998/1999 Fee Manual. (i) As partofthe permitfees required underthis paragraph, the owneror operatorofany stationary source shall also pay administrative fees in accordance with the following subparagraphs in addition tothe permitfees determined in accordancewith the procedures manual(s) specified in Subparagraph (b) ofthis paragraph. 1. The owneroroperatorshall pay an administrative fee of0.05 percent ofthetotal fee due determined in accordance with the procedures manual(s) specified in Subparagraph (b) ofthis paragraph for each calendarday in which the air permitfee form is submitted to the Division after October 1ofthe calendaryear in which thefee was due orOctober 1, 2010, which is later. 2. For air permitfee forms submitted using the online Georgia airemissions fee reporting form, that date on which the airpermitfee form is submitted to the Division shall be the date in which the owner or operator completes a final submittal on the online reporting form. Forair permit fee forms that were submitted using a hard-copy paperform, the date on which the airpermit fee form is submitted tothe Division shall be the date on which the permitfee form and required payment are received atthe address specified in the procedures manual or atthe office ofthe Division's Air Protection Branch. (j) Beginning with calendar year 2009 fees, when the ownership of any stationary source is transferred to a new owner oroperator, the new owneror operatorofthe stationary source shall be responsible for paying any past duefees. Authority: O.C.G.A. Section 12-9-1 et seq., as amended.

B-11

### Chapter 391-3-1 Rules forAir Quality Control



### A RESOLUTION Adopting Amendments to the Rules forAir Quality Control, Chapter391-3-1 WHEREAS, the Board adopted, underthe authority ofThe GeorgiaAirQualityAct, O.C.G.A. 12-9-1, et seq., the Rules forAir Quality Control, Chapter391-3-1, which became effective on September26, 1973, and were last amended effective on March 7, 2012; and WHEREAS, the United States Environmental Protection Agency (U.S. EPA) requires that the various Rules for Air Quality Control, Chapter 391-3-1, be modified, as to their coverage and requirements, in orderfor Georgia to retain Federal approval under the Clean AirAct (CAA); and WHEREAS, the proposal for the amendment to the Rules for Air Quality Control, Chapter 391-3-1, has been prepared by staffofthe Environmental Protection Division and presented to this Board; and WHEREAS, an amendment to the Rules for Air Quality Control, Chapter 391-3-1, will revise Rule.03 "Permits" pertaining to Paragraph (9) "Permit Fees"; and WHEREAS, a public notice for the Air Quality rule amendment was posted on Air Notice Listserv

### on Monday, March 26, 2012, along with EPD's Environet website; and a public hearing was held on May 7, 2012, 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 either minimal or if greaterthan minimal, unavoidable due to federal requirements and appropriately minimized; 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 thatfully accomplishes the stated objectives ofthe Georgia AirQualityAct.

B-12Chapter 391-3-1 Rules for AirQuality Control

NOW, THEREFORE, BE IT RESOLVEDTHATthe Board ofNatural Resources hereby adopts the amendments tothe Rules forAirQuality Control, Chapter391-3-1, as attached hereto and incorporated herein by reference. ·Adoptedthis 271 h day ofJune 2012. Respectfully submitted by:

Philip C. Watt, Chairman Board ofNatural Resources

ATTEST:

Philip A. Wilheit, Jr., Secretary Board of Natural Resources

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