Chapter 391-3-1 Rules for Air Quality Control 

A RESOLUTION 

Adopting Amendments to the 

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

WHEREAS, the Board adopted, under the authority of The Georgia Air Quality Act, O.C.G.A. 

12-9-1, et seq., the Rules for Air Quality Control, Chapter 391-3-1, which became 

effective on September 26, 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 order for Georgia to retain Federal approval under 

the Clean Air Act (CAA); and 

WHEREAS, the proposal for the amendments to the Rules for Air Quality Control, Chapter 

391-3-1, has been prepared by staff of the 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 of Air 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 

greater than 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 of the Georgia 

Air Quality Act. 
Chapter 391-3-1 Rules for Air Quality Control 

NOW, THEREFORE, BE IT RESOLVED THAT the Board of Natural Resources hereby adopts 

the amendments to the Rules for Air Quality Control, Chapter 391-3-1, as attached hereto and 

incorporated herein by reference. 

Adopted this 271

h day of June 2012. 

Respectful! 

Robert D. Leebern, Jr., Acting C 

Board of Natural 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 

Mark Williams, Commissioner 

Environmental Protection Division 

Judson H. Turner, Director 

Phone: 404/656-4713 FAX: 404/651-5778 

MEMORANDUM 

FROM: 

Board of Natural Resourcel J J 

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 of the following rule revisions: 

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

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 of the manual. 

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. 

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 of the 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 of the 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 of the 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 major sources. 

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Board of Natural Resources 

June 15, 2012 

Page Two 

Please find enclosed for your review and consideration: 

Synopsis and Statement of Rationale for the proposed amendment 

to Rules for Air Quality Control; 

Notice of Public Hearing; 

Memorandum summarizing comments on the proposed revision; 

Memorandum regarding the economic impacts of the proposed 

amendment on small businesses and the regulated community; 

Proposed amendments to the Rules for Air Quality Control 

showing deletions with strikeouts and additions with underlines; and 

A proposed resolution for adopting the amendments to the rules. 

Thank you for your attention to these proposed rule changes. 

I recommend adoption of the proposed amendments as presented. 

JHT:JJ:klc 

Attachments 

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Page No. 

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A -11 

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Chapter 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 

of Air 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 incinerators that 

are subject to more stringent federal 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 subject to 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 of 40 CFR Part 60, Subpart MMMM 

(Emission Guidelines and Compliance Times for Existing Sewage Sludge 

Incineration Units), promulgated by EPA on March 21, 2011 (76 FR 

15372). 

This new rule imposes limits on emissions of nine pollutants from existing 

Sewage Sludge Incineration (SSI) units. An existing SSI unit is one that is 

located at a wastewater treatment facility and that commenced 

construction on or before October 14, 2010. There are eight affected 

units at four facilities: R.M. Clayton Water Reclamation Center in Atlanta, 

Utoy Creek Water Pollution Control Plant in Atlanta, R. L. Sutton Water 

Pollution Control Plant in Smyrna, and the City of Savannah Water 

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

Pollution Control Plant. (There are two units at each plant.). The nine 

pollutants consist of four criteria pollutants and five air taxies. Georgia will 

adopt the Federal rule by reference, with the exception of some 

provisions primarily related to operating limits, performance testing and 

monitoring, demonstration of initial and continuous compliance, and 

reporting and record keeping. These provisions have been addressed by 

revisions to the Air Branch's Procedures for Testing and Monitoring 

Sources of Air 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 

of those 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 

EPA for approval within 21 months of promulgation, 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 of the 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. 

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Chapter 391-3-1 Rules for Air Quality Control 

July 20, 2011: Defers, for a period of three 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 our GHG permitting rule. 

Rule 391-3-1-.02(8)(b), "New Source Performance Standards," is being amended. 

Purpose: 

Main Features: 

To adopt the 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 of 40 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 adopt the Federal Emission Standards into the Georgia Rules by 

reference to ensure consistency between the State and Federal 

programs. 

New emission standards are being adopted and the latest amendment 

dates since the last rule making are being incorporated into the rules. 

The incorporation by reference of 40 CFR Part 63, Subpart, EEEEEEE, 

for the 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 major sources. 

The new permit exemption would allow existing quarries that are not 

major sources to get credit for equipment that is replaced or permanently 

shut down when determining if permitting is required for certain 

modifications. 

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Chapter 391-3-1 

STATEMENT OF RATIONALE 

Rules for Air Quality Control 

Rules for Air Quality Control 

Rule 391-3-1-.01 (nnnn)- Definition of "Procedures for Testing and Monitoring Sources of 

Air Pollutants" 

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

is to specify the document that is used to identify those procedures used for testing and 

monitoring sources of air pollution. The purpose of this rule revision is to update the effective 

date to reference a revised manual. 

This revision is administrative in nature and does not incur any additional costs to the 

Environmental Protection Division or the 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 for which the exemptions are based and does not incur any additional costs to the 

regulated industry or public than are required to meet the Federal requirements. 

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

October 14, 2010 

The basis of the 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 wastewater treatment 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 public than are required to meet the Federal rule 

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Chapter 391-3-1 Rules for Air Quality Control 

Rule 391-3-1-.02(7) - Prevention of Significant Deterioration of Air 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 of the federal rule. 

This revision does not incur any additional costs to the Environmental Protection Division or the 

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)- New Source Performance Standards 

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 incur any additional costs to the regulated industry or public than are 

required to meet the 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 public than are 

required to meet the 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 major sources. 

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 subject to 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 FOR AIR 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 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 of the federal Clean 

Air Act. The proposed Air Rule Amendments are described below: 

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 of the manual. 

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. 

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 of the 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 of the 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 of the 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 major sources. 

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Chapter 391-3-1 Rules for Air Quality Control 

This notice, together with an exact copy of the 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 

1-888-373-594 7. 

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 for the official record. Oral statements should be concise. 

Written comments are welcomed. To insure their inclusion in EPD's package for the Board of 

Natural Resources, written comments should be received by close of business on 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 at 404/363-7000. 

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June 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 

Mark Williams, 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 for Air Quality, Chapter 391-3-1. The proposed changes included the following rules: 

o 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 of the manual. 

o 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. 

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 of the 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 of the 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 at existing quarries that are not major sources. 

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 

Mark Williams, 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 for Air Quality Control, 

Chapter 391-3-1 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 of the 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 under 

the rules for small businesses; 

c. Establishing performance rather than design standards for small businesses; or 

d. Exempting small businesses from any or all requirements of the rules. 

The Georgia Environmental Protection Division (EPD) is proposing amendments to the Rules for 

Air Quality Control, Chapter 391-3-1 (Air Quality Rules). The proposed Air Quality 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 of the manual. 

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. 

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. 

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Small Business Impact Memo 

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

June 6, 2012 

Page 2 of 2 

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

amended to incorporate the most recent version of the 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 of the 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 of the 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 major sources. 

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

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

1. Different compliance or reporting requirements for small businesses: 

This issue is not germane for the proposed rule changes. 

2. Consolidate and/or simplify compliance or reporting requirements for small businesses: 

This issue is not germane for the proposed rule changes. 

3. Performance rather than design standards for small businesses: 

This issue is not germane for the proposed rule changes. 

4. Exemptions for small businesses: 

The modification to 391-3-1-.03(6), Exemptions, provides an alternative procedure for 

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 if the emissions increase from a new project must obtain a 

permit. This exemption applies to rock mines and quarries, some of which 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 

that fully accomplishes the stated objectives of the statutes, the basis of the 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 of the Georgia Air Quality Act. The modification to the 

Exemptions rule reduces the regulatory burden to regulated entities. 

JAC:JJ:klc 

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Chapter 391-3-1 Rules for Air 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 of the Department of Natural Resources, Chapter 391-3-1, Air Quality Control are 

hereby amended, added to, repealed in part, revised, as hereinafter explicitly set forth in the 

attached amendments, additions, partial repeals, and revisions for specific rules, or such 

subdivisions thereof as may be indicated. 

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

deletion.] 

Rule 391-3-1-.01, "Definitions," is hereby amended by striking Subparagraph (nnnn) in its 

entirety and inserting in lieu thereof a new Subparagraph (nnnn) to read as follows: 

(nnnn) "Procedures for Testing and Monitoring Sources of Air Pollutants" or "PTM" means 

the Georgia Department of Natural Resources Procedures for Testing and Monitoring 

Sources of Air 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 allow the emissions of fly ash and/or other particulate matter from any 

incinerator, in amounts equal to or exceeding the following: 

(i) Units with charging rates of 500 pounds per hour or less of combustible waste, including 

water, shall not emit fly ash and/or particulate matter in quantities exceeding 1.0 pound per 

hour. 

(ii) Units with charging rates in excess of 500 pounds per hour of combustible waste, including 

water, shall not emit fly ash and/or particulate matter in excess of 0.20 pounds per 100 pounds 

of charge. 

2. No person shall cause, let, suffer, permit, or allow from any incinerator, visible emissions the 

opacity of which is equal to or greater than twenty (20) percent except for one 6-minute period 

per hour of not more than twenty-seven (27) percent opacity. 

3. No person shall cause or allow particles to be emitted from an incinerator which are 

individually large enough to be visible to the unaided eye. 

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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 chamber for the purpose of creating a 

pre-ignition temperature of 800°F; and 

(iii) it has a secondary burner to control smoke and/or odors and maintain a temperature of at 

least 1500°F in the secondary chamber. 

5. Designs other than those mentioned in Subparagraph 4. above shall be considered on an 

individual basis and will be exempt from the provisions if, in the judgment of the Director, said 

design results in performance which meets the standard set forth in paragraphs (2)(c)1., 2. and 

3. above. 

6. The provisions of this Subsection (c) shall not apply to: 

(i) any hazardous waste incinerator subject to Section 391-3-11 of the Georgia Rules for 

Hazardous Waste Management, 40 CFR 264, Subpart 0, as adopted by reference, "Standards 

for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities," as 

amended; 

(ii) any incinerator subject to Section 391-3-1-.02(8)(b)71. of the Georgia Rules for Air Quality 

Control, "Standards of Performance for Municipal Waste Combustors for Which Construction is 

Commenced After September 20, 1994," as amended; 

(iii) any incinerator subject to the Georgia State Plan, under Section 111 (d) of the federal Act, 

for "Municipal Waste Combustors for Which Construction is Commenced On or Before 

September 20, 1994," as amended; 

(iv) any incinerator subject to Section 391-3-1-.02(8)(b)73. of the Georgia Rules for Air Quality 

Control "Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which 

Construction is Commenced After June 20, 1996," as amended; 

(v) any incinerator subject to Section 391-3-1-.02(2)(iii) of the Georgia Rules for Air Quality 

Control "Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced 

On or Before June 20, 1996," as amended; 

(vi) any incinerator subject to Section 391-3-1-.02(8)(b)75. of the Georgia Rules for Air Quality 

Control "Standards of Performance for Commercial/Industrial/Solid Waste Incinerators for Which 

Construction is Commenced After November 30, 1999," as amended; 

(vii) any incinerator subject to Section 391-3-1-.02(2)(ppp) of the Georgia Rules for Air Quality 

Control "Commercial/Industrial/Solid Waste Incinerators" for Which Construction is Commenced 

On or Before November 30, 1999," as amended; Gf 

(viii) any vent 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; 

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Cixl any incinerator subject to Section 391-3-1-.02(8)(b)20. of the Georgia Rules for Air Quality 

Control "Standards of Performance for Sewage Treatment Plants," as amended; 

(x) any incinerator subject to Section 391-3-1-.02(8)(b)74. of the Georgia Rules for Air Quality 

Control "Standards of Performance for Small Municipal Waste Combustion Units for Which 

Construction is Commenced After August 30, 1999," as amended; 

(xi) any incinerator subject to Section 391-3-1-.02(8)(b)76. of the Georgia Rules for Air Quality 

Control "Standards of Performance for Other Solid Waste Incinerator Units for Which 

Construction is Commenced After December 9, 2004, or for Which Modification or 

Reconstruction is Commenced on or After June 16, 2006," as amended; 

(xii) any incinerator subject to Section 391-3-1-.02(8)(b)83. of the Georgia Rules for Air Quality 

Control "Standards of Performance for New Sewage Sludge Incineration Units" as amended; or 

(xiii) any incinerator subject to Section 391-3-1-.02(2)(www) of the Georgia Rules for Air Quality 

Control "Sewage Sludge Incineration Units Constructed On or Before October 14, 201 0" as 

amended; 

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

October 14, 2010 

1. The provisions of this subsection apply to each sewage sludge incineration (SSI) unit that is 

located at a wastewater treatment facility 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 solely to comply with this subsection are not considered 

construction, reconstruction. or modification and would not subject an existing SSI unit to the 

requirements of 40 CFR Part 60, Subpart LLLL. which contains the "Standards of Performance 

for Sewage Sludge Incineration Units for Which Construction is Commenced After October 14, 

2010". 

2. For the purposes of implementing the requirements and provisions of 40 CFR Part 60, 

Subpart MMMM (Emission Guidelines and Compliance Times for Existing Sewage Sludge 

Incineration Units), each existing SSI unit shall comply with the standards, requirements. and 

provisions of 40 CFR Part 60, 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 of 40 

CFR 60.5170 through 60.5180, Sections 2.130.2 through 2.130.4 of the Georgia Department of 

Natural Resources Procedures for Testing and Monitoring Sources of Air Pollutants shall 

apply to each existing SSI unit. 

(ii) Initial and Continuous Compliance Requirements. In lieu of 40 CFR 60.5185 through 

60.5215, Sections 2.130.2 through 2.130.4 of the Georgia Department of Natural Resources 

Procedures for Testing and Monitoring Sources of Air Pollutants shall apply to each 

existing SSI unit. 

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(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 of the Georgia Department of Natural 

Resources Procedures for Testing and Monitoring Sources of Air 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 of the Georgia Department of Natural Resources 

Procedures for Testing and Monitoring Sources of Air Pollutants shall apply to each 

existing SSI unit. 

3. In keeping with subparagraph 2 .. owners and operators of existing SSI units must comply 

with Georgia's state plan for existing SSI units. which is required by 40 CFR Part 60. Subpart 

MMMM. The owner or operator of each existing SSI unit shall comply with the requirements of 

391-3-1-.02(2)(www)(2) by March 21, 2016 or three years after the effective date of state plan 

approval by U.S. EPA, whichever is earlier. 

4. Each existing SSI unit is subject to the permitting requirements of 391-3-1-.03(10) "Title V 

Operating Permits". Each owner or operator of an existing SSI unit shall submit a Title V 

application to the Division no later than March 21. 2014. 

5. Definitions of all terms used but not defined in this subsection shall have the meaning given 

to them in 40 CFR Part 60, Subpart MMMM, as amended. Terms not defined therein shall have 

the meaning given to them in the federal Clean Air Act or 40 CFR Part 60. Subparts A and B. 

For the purposes of this subsection the following definitions also apply: 

(i) The term "Administrator'' as used in regulations adopted in this subsection shall mean the 

Director of the 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 

amended to read as follows: 

(7) Prevention of Significant Deterioration of Air Quality. 

(a) General Requirements. 

1. The provisions of paragraph (7) shall apply to any source and the owner or operator of any 

source subject to 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, 2Q1 QJuly 20, 2011, unless 

otherwise specified. The dates associated with the incorporation by reference of federal rules 

into this paragraph (7) refer to the dates of publication of the promulgated rules in the Federal 

Register. 

2. Definitions: For the purpose of this paragraph, 40 CFR, Part 52.21 (b) as amended, is 

hereby incorporated by reference with the following exceptions: 

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(i) In lieu of the definition of "baseline actual emissions" as specified in paragraph (b)(48) of 40 

CFR, Part 52.21, the following shall apply: 

"Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated NSR 

pollutant, as determined in accordance with subparagraphs (7)(a)2.(i)(l) through (IV) of this rule. 

(I) For any existing electric utility steam generating unit, baseline actual emissions means the 

average rate, in tons per year, at which the unit actually emitted the pollutant during any 

consecutive 24-month period selected by the owner or operator within the 5-year period 

immediately preceding when the owner or operator begins actual construction of the project. 

The Director shall allow the use of a different time period upon a determination that it is more 

representative of normal source operation. 

I. The average rate shall include fugitive emissions to the extent quantifiable, 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 the following subparagraphs A and B. 

A. If fugitive emissions or emissions from startups, shutdowns, and/or malfunctions during the 

consecutive 24-month period selected by the owner or operator are not quantifiable and are 

therefore not included in the calculation of baseline actual emissions, then fugitive emissions or 

emissions from startups, shutdowns, and/or malfunctions, respectively, shall not be included in 

the calculation of projected actual emissions [as defined in subparagraph (7)(a)2.(ii) of this rule]. 

B. The owner or operator may elect to omit malfunctions from the calculation of baseline actual 

emissions. If the owner or operator elects to do so, then malfunctions shall also be omitted from 

the calculation of projected actual emissions [as defined in subparagraph (7)(a)2.(ii) of this 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 that was legally 

enforceable during the consecutive 24-month period. 

·Ill. For a 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 the 

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 for which there is 

inadequate information for determining annual emissions, in tons per year, or for which there is 

inadequate information for adjusting this amount downward to exclude any non-compliant 

emissions as required by subparagraph (7)(a)2.(i)(l)ll. of this rule. 

V. If any physical change(s) or change(s) in the method of operation subsequent to the 

consecutive 24-month period selected by the owner or operator resulted in a permanent change 

in the basic design parameter [as defined in subparagraph (7)(a)2.(viii) of this rule], not including 

the voluntary addition of air pollution control equipment or increase in removal or collection 

efficiency of existing air pollution control equipment, and thus resulted in a corresponding 

reduction in actual emissions of a regulated NSR pollutant, the baseline actual emissions shall 

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Chapter 391-3-1 Rules for Air Quality Control 

be adjusted downward by a proportional reduction in emissions in tons per year or lbs/unit of 

production. 

VI. The average rate shall be adjusted downward to exclude any emissions that would have 

exceeded an emission limitation with which the major stationary source must currently comply, 

had such major source been required to comply with such limitations during the consecutive 24-

month period. However, if an emission limitation is part of a Maximum Available Control 

Technology (MACT) standard that the Administrator of U.S. EPA has proposed or promulgated 

under 40 CFR, Part 63, the baseline actual emissions need only be adjusted if the Division has 

taken credit for such emission reductions in an attainment demonstration or maintenance plan 

consistent with the requirements of 40 CFR, Part 51.165(a){3)(ii)(G). 

(II) For an existing emissions unit (other than an electric utility steam generating unit), baseline 

actual emissions means the average rate, in tons per year, at which the emissions unit actually 

emitted the pollutant during any consecutive 24-month period selected by the owner or operator 

within the 1 0-year period immediately preceding either the date the owner or operator begins 

actual construction of the project, or the date a complete permit application is received by the 

Division for a permit required under this paragraph or by the reviewing authority for a permit 

required by a plan, whichever is earlier. 

I. The average rate shall include fugitive emissions to the extent quantifiable, 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 the following subparagraphs A and B. 

A. If fugitive emissions or emissions from startups, shutdowns, and/or malfunctions during the 

consecutive 24-month period selected by the owner or operator are not quantifiable and are 

therefore not included in the calculation of baseline actual emissions, then fugitive emissions or 

emissions from startups, shutdowns, and/or malfunctions, respectively, shall not be included in 

the calculation of projected actual emissions (as defined in subparagraph (7)(a)2.(ii) of this rule). 

B. The owner or operator may elect to omit malfunctions from the calculation of baseline actual 

emissions. If the owner or operator elects to do so, then malfunctions shall also be omitted from 

the calculation of projected actual emissions [as defined in subparagraph (7)(a)2.(ii) of this 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 that was legally 

enforceable during the consecutive 24-month period. 

Ill. The average rate shall be adjusted downward to exclude any emissions that would have 

exceeded an emission limitation with which the major stationary source must currently comply, 

had such major stationary source been required to comply with such limitations during the 

consecutive 24-month period. However, if an emission limitation is part of a Maximum 

Achievable Control Technology (MACT) standard that the Administrator of U.S. EPA has 

proposed or promulgated under 40 CFR, Part 63, the baseline actual emissions need only be 

adjusted if the Division has taken credit for such emissions reductions in an attainment 

demonstration or maintenance plan consistent with the requirements of 40 CFR, Part 

51.165(a)(3){ii)(G). 

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IV. For a 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 for which there is 

inadequate information for determining annual emissions, in tons per year, or for which there is 

inadequate information for adjusting this amount downward to exclude any non-compliant 

emissions as required by subparagraph (7)(a)2.(i)(ll)ll or Ill. of this rule. 

VI. If any physical change(s) or change(s) in the method of operation subsequent to the 

consecutive 24-month period selected by the owner or operator resulted in a permanent change 

in the basic design parameter [as defined in subparagraph (7)(a)2.(viii) of this Rule], not 

including the voluntary addition of air pollution control equipment or increase in removal or 

collection efficiency of existing air pollution control equipment, and thus resulted in a 

corresponding reduction in actual emissions of a regulated NSR pollutant, the baseline actual 

emissions shall be adjusted downward by a proportional reduction in emissions in tons per year 

or lbs/unit of production. 

(II I) For a new emissions unit, the baseline actual emissions for purposes of determining the 

emissions increase that will result from the initial construction and operation of such unit shall 

equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit [as long 

as the unit remains a "new emissions unit" as defined in 40 CFR, Part 52.21 (b)(7)(i)]. 

(IV) For a PAL for a stationary source, the baseline actual emissions shall be calculated for 

existing electric utility steam generating units in accordance with the procedures contained in 

subparagraph (7)(a)2.(i)(l) of this rule, for other existing emissions units in accordance with the 

procedures contained in subparagraph (7)(a)2.(i)(ll) of this rule, and for a new emissions unit in 

accordance with the procedures contained in subparagraph (7)(a)2.(i)(lll) of this rule. For 

existing emission units, the baseline actual emissions shall be based on any consecutive 24-

month period selected by the operator within the appropriate PAL baseline period. For existing 

electric steam generating units, the PAL baseline period is the 5-year period (or different period 

allowed by the Director that is more representative or normal source operation) immediately 

preceding submission of a complete PAL application to the Division. For other existing emission 

units, the PAL baseline period is the 1 0-year period immediately preceding submission of a 

complete PAL permit application to the Division. 

(ii) In lieu of the definition of "projected actual emissions" as specified in paragraph (b)(41) of 40 

CFR, Part 52.21, the following shall apply: 

(I) "Projected actual emissions" means the maximum annual rate, in tons per year, at which an 

existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five 

years (12-month period) following the date the unit resumes regular operation after the project, 

or in any one of the 10 years following that date, if the project involves increasing the emissions 

unit's design capacity or its potential to emit that regulated NSR pollutant and full utilization of 

the unit would result in a significant emissions increase or a significant net emissions increase 

at the major stationary source. 

(II) In determining the projected actual emissions under subparagraph (7)(a)2.(ii)(l) (before 

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Chapter 391-3-1 Rules for Air Quality Control 

beginning actual construction), the owner or operator of the major stationary 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 of business activity, the company's filings with the State or 

Federal regulatory authorities, and compliance plans under the approved State Implementation 

Plan; and 

II. Shall include fugitive emissions to the extent quantifiable 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 the following subparagraphs A, B, and C. 

A. If projected fugitive emissions or emissions from startups, shutdowns, and/or malfunctions 

are not quantifiable and are therefore not included in the calculation of projected actual 

emissions, then fugitive emissions or emissions from startups, shutdowns, and/or malfunctions, 

respectively, shall not be included in the calculation of baseline actual emissions [as defined in 

subparagraph (7)(a)2.(i) of this rule]. 

B. The owner or operator may elect to omit malfunctions from the calculation of projected actual 

emissions. If the owner or operator elects to do so, then malfunctions shall also be omitted from 

the calculation of baseline actual emissions (as defined in subparagraph (7)(a)2.(i) of this rule]. 

C. If the 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 or its potential to emit that regulated NSR pollutant, the owner or operator must include 

with the information required under subparagraph (7)(b)15.(i)(l) of this rule documentation that 

supports the projected emissions associated with startups, shutdowns, and malfunctions 

subsequent to completion of the project; and 

Ill. May exclude, in calculating any increase in emissions that results from the particular project, 

that portion of the unit's emissions following the project that an existing unit could have 

accommodated during the consecutive 24-month period used to establish the baseline actual 

emissions under subparagraph (7)(a)2.(i) of this 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 under this subparagraph shall hereinafter be referred to as 

"demand growth emissions"); 

A. If the project involves increasing the emissions unit's design capacity or its potential to emit 

that regulated NSR pollutant, the owner or operator shall either: 

(A) not exclude demand growth emissions, or 

(B) must include in the information required under subparagraph (7)(b)15.(i)(l) of this 

paragraph, documentation that demand growth emissions are emissions that the emissions unit 

could have accommodated during the consecutive 24-month period used to establish the 

baseline actual emissions, are not related to the particular project, and are due to product 

demand growth; must have documentation supporting the portion of the emissions increase that 

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Chapter 391-3-1 Rules for Air Quality Control 

is due to demand growth; and, following the change, must be able to track the 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. of this rule, 

may elect to use the emissions unit's potential to emit, in tons per year, as defined under 

paragraph (b)(4) of 40 CFR, Part 52.21. 

(iii) The definition of "major stationary source" contained in 40 CFR, Part 52.21 (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) of this section, any stationary source which emits, or has the 

potential to emit, 250 tons-per-year or more of a regulated NSR pollutant; or 

(iv) The definition and use of the term "subject to regulation" in 40 CFR, Part 52.21, as 

amended June 3, 2010, is hereby incorporated by reference; provided, however, that in the 

event all or any portion of 40 CFR, Part 52.21 containing that term is: 

(I) declared or adjudged to be invalid or unconstitutional or stayed by the United States Court of 

Appeals for the Eleventh Circuit or for the District of Columbia Circuit; or 

(II) withdrawn, repealed, revoked or otherwise rendered of no force and effect by the United 

States Environmental Protection Agency, Congress, or Presidential Executive Order. 

Such action shall render the regulation as incorporated herein, or that portion thereof that may 

be affected by such action, as invalid, void, stayed, or otherwise without force and effect for 

purposes of this rule upon the date such action becomes final and effective; provided, further, 

that such declaration, adjudication, stay, or other action described herein shall not affect the 

remaining portions, if any, of the regulation as incorporated herein, which shall remain of full 

force and effect as if such portion so declared or adjudged invalid or unconstitutional or stayed 

or otherwise invalidated or effected were not originally a part of this rule. The Board declares 

that it would have incorporated the remaining parts of the federal regulation if it had known that 

such portion thereof would 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 "unless the source is subject to federally enforceable limits which restrict the 

operating rate, or hours of operation, or both" shall read, "unless the source is subject to 

enforceable limits which restrict the operating rate, or hours of operation, or both." 

(II) paragraph (iii) shall read as follows: The emissions rate specified as an enforceable permit 

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Chapter 391-3-1 Rules for Air Quality Control 

condition, including those with a future compliance date. 

(vii) The following shall be added to the definition of "major source baseline date" contained in 

40 CFR, Part 52.21 (b}(14): 

(I) Baseline dates established prior to April 19, 2006, will remain in effect. 

(viii) In lieu of paragraph (b)(33)(iii) of the definition of "replacement unit" as specified in 

paragraph (b)(33) of 40 CFR, Part 52.21, the following shall apply: 

The replacement does not alter the basic design parameters of the process unit. Basic design 

parameters are defined as follows: 

(I) Except as provided in subparagraph (7)(a)2.(viii)(lll) of this rule, for a process unit at a steam 

electric generating facility, the owner or operator may select as its basic design parameters 

either maximum hourly heat input and maximum hourly fuel consumption rate or maximum 

hourly electric output rate and maximum steam flow rate. When establishing fuel consumption 

specifications in terms of weight or volume, the minimum fuel quality based on British Thermal 

Units content shall be used for determining the basic design parameter(s) for a coal-fired 

electric utility steam generating unit. 

(II) Except as provided in subparagraph (7)(a)2.(viii)(lll) of this rule, the basic design 

parameter(s) for any process unit that is not at a steam electric generating facility are maximum 

rate of fuel or heat input, maximum rate of material input, or maximum rate of product output. 

Combustion process units will typically use maximum rate of fuel input. For sources having 

multiple end products and raw materials, the owner or operator should consider the primary 

product or primary raw material when selecting a basic design parameter. 

(Ill) If the owner or operator believes the basic design parameter(s) in subparagraphs 

(7)(a)2.(viii)(l) and (II) of this rule is (are) not appropriate for a specific industry or type of 

process unit, the owner or operator may propose to the Division an alternative basic design 

parameter(s) for the source's process unit(s). If the Director approves of the use of an 

alternative basic design parameter(s), he or she shall issue a permit that is legally enforceable 

that records such basic design parameter(s) and requires the owner or operator to comply with 

such parameter(s). 

(IV) The owner or operator shall use credible information, such as results of historic maximum 

capability tests, design information from the manufacturer, or engineering calculations, in 

establishing the magnitude of the basic design parameter(s) specified in subparagraphs 

(7)(a)2.(viii)(l) and (II) of this rule. 

(V) If design information is not available for a process unit, then the owner or operator shall 

determine the process unit's basic design parameter(s) using the maximum value achieved by 

the process unit in the 5-year period immediately preceding the planned activity. 

(VI) Efficiency of a process unit is not a basic design parameter. 

(ix) In lieu of the definition of "Regulated NSR pollutant" as specified in paragraph (b)(50) of 40 

CFR, Part 52.21, the following shall apply: 

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Chapter 391-3-1 Rules for Air Quality Control 

"Regulated NSR pollutant" means the following: 

(I) Any pollutant for which a national ambient air quality standard has been promulgated and any 

pollutant identified under this subparagraph as a constituent or precursor for such pollutant. 

Precursors are the following: 

I. Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and 

unclassifiable areas. 

II. Sulfur dioxide is a precursor to 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 of this provision 

into Georgia's State Implementation Plan. 

(II) Any pollutant that is subject to any standard promulgated under section 111 of the Act; 

(Ill) Any Class I or II substance subject to a standard promulgated under or established by title 

VI of the Act; 

(IV) Any pollutant that otherwise is subject to regulation under the Act as defined in 

subparagraph (a)2.(iv) of this paragraph. 

(V) Notwithstanding subparagraphs (a)2.(ix) of this paragraph, the term regulated NSR pollutant 

shall not include any or all hazardous air pollutants either listed in section 112 of the Act, or 

added to the list pursuant to section 112(b)(2) of the Act, and which have not been delisted 

pursuant to Section 112(b)(3) of the Act, unless the listed hazardous air pollutant is also 

regulated as a constituent or precursor of a general pollutant listed under section 108 of the Act. 

(VI) Particulate matter (PM) emissions, PM2.5 emissions and PM1 0 emissions shall include 

gaseous emissions from a source or activity which condense to form particulate matter at 

ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall 

be accounted for in applicability determinations and in establishing emissions limitations for PM, 

PM2.5 and PM1 0 in PSD permits. Unless otherwise stated in the permit, compliance with 

emissions limitations for PM, PM2.5 and PM1 0 issued prior to this date shall not be based on 

condensable particulate matter. Applicability determinations made prior to this date without 

accounting for condensable particulate matter shall not be considered in violation of this 

paragraph. 

(x) [reserved] 

(xi) In the definition of "net emissions increase" as specified in paragraph (b)(3) of 40 CFR Part 

52.21, paragraphs (iii)(b) and (vi)( d), related to increases and decreases at a clean unit, are not 

adopted. 

3. Applicability procedures: 40 CFR, Part 52.21 (a)(2), as amended, is hereby incorporated and 

adopted by reference. 

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Chapter 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). For the following 

provisions adopted by reference in this paragraph, the word "Administrator'' shall mean the 

Administrator of the 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 Paragraph within the Definition of "Repowering" 

(iii) 40 CFR, Part 52.21 (b)(43), Definition of "Prevention of Significant 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 of Significant 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 52.21 0), 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. 

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Chapter 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 the following 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) of this 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 of the 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 

major stationary source (other than projects at a source with 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. of this rule for calculating projected actual emissions. 

(I) Before beginning actual construction of the project, the owner or operator shall document 

and maintain a record of the following information: 

I. A description of the 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 

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Chapter 391-3-1 Rules for Air Quality Control 

netting calculations, if applicable. 

IV. The records required in subparagraph (7)(b)15.(i)(l) of this 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 of a 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) of this rule with the application for construction required under paragraph 391-3-1-

.03(1) of these 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 after the change if the 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 of five years past the end of each calendar year. If an owner or operator 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. of this 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 of five years past the end of each calendar year. 

(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 calendar year that preceded submission 

of the 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) of 40 CFR, Part 52.21(w) shall read as follows: Any permit issued under this 

section or a prior version of this section shall remain in effect, unless and until it expires under 

paragraph (r) of this section or is rescinded. 

(ii) Paragraph (3) of 40 CFR, Part 52.21 (w) shall read as follows: The Director may grant an 

application for rescission if the application shows that this section, as it existed at the time the 

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Chapter 391-3-1 Rules for Air Quality Control 

permit was 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 of the public participation requirements for PALs of 40 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) of these 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 emissions for the PAL pollutant. 

(iv) In lieu of the provisions of 40 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 after the consecutive 24-month period selected for setting the 1 0-year 

actuals PAL level, in lieu of adding the baseline emissions as specified in paragraph (aa)(6)(i) of 

40 CFR, Part 52.21, the emissions must be added to the PAL level as follows: 

(I) For an emissions unit on which actual operation commenced less than 36 months prior to 

submission of a complete PAL permit application, the emissions must be added to the PAL level 

in an amount equal to the potential to emit of the 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 or operator, that preceded submission of the PAL permit application. 

(Ill) For an emissions unit on which actual operation commenced greater than or equal to 48 

months prior to 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 of the PAL permit application. 

(v) In addition to the contents of the 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 

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Chapter 391-3-1 Rules for Air Quality Control 

emission limitation that was legally enforceable and that were in excess of that allowed by any 

state or Federal air quality regulation or permit condition. 

(vi) In lieu of the provisions of 40 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) 

of these rules. 

(vii) In lieu of the 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) of this rule. However, in no case may any PAL level 

fail to comply with subparagraph (7)(b)21.(vii)(lll) of this rule. 

(I) If the emissions level calculated in accordance with paragraph (aa)(6) of 40 CFR, Part 52.21 

and subparagraphs (7)(b)21.(iii) and (iv) of this rule is equal to or greater than 80 percent of the 

PAL level, the Director may renew the PAL at the same level. If the emissions level calculated 

in accordance with (aa)(6) of 40 CFR, Part 52.21 and subparagraphs (7)(b)21.(iii) and (iv) of this 

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) of this rule. 

(II) The Director may set the PAL at a level that he or she determines to be more representative 

of the source's baseline actual emissions, or that 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 by the Director in his or her written rationale. 

(Ill) Notwithstanding subparagraphs (7)(b)21.(vii)(l) and {II) of this rule: 

I. If the potential to emit of the major stationary source is less than the PAL, the Director shall 

adjust the PAL to a level no greater than the potential to emit of the source; and 

II. The Director shall not approve a renewed PAL level higher than the current PAL, unless the 

major stationary source has complied with the provisions of paragraph (aa)(11) of 40 CFR, Part 

52.21 (increasing a PAL). 

(viii) The following is added to the list of acceptable general monitoring approaches listed in 40 

CFR, Part 52.21(aa)(12)(ii). 

(I) Mass balance calculations for sulfur dioxide emissions from fuel combustion. 

(ix) The mass balance calculation requirements of 40 CFR, Part 52.21(aa)(12)(iii) shall apply 

for mass balance calculations for sulfur dioxide emissions from fuel combustion. 

(x) The data relied upon, including, but not limited to, any quality assurance or quality 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) of 40 CFR, Part 52.21, but shall 

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Chapter 391-3-1 Rules for Air Quality Control 

be retained in permanent form suitable for inspection and submission to the Division. The 

records shall be retained for at least five years following the end of each calendar year. 

(xi) Paragraph 40 CFR 52.21 (aa)(12)(i)(b) shall read as follows: The PAL monitoring system 

must employ one of the general monitoring approaches meeting the minimum requirements set 

forth in paragraph (aa)(12)(ii) of this section and must be approved by the Director. 

391-3-1-.02(8), New Source Performance Standards, is being amended to read as follows: 

(8) New Source Performance Standards. 

(a) General Requirement. No person shall construct or operate any facility or source which 

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) of this subsection. 

(b) New Source Performance Standards. 

1. General Provisions. For purposes of applying New Source Performance Standards, 40 CFR, 

Part 60, Subpart A (excluding 60.4 and 60.9), as amended December 22, 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 Director of 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 Performance for Electric Utility Steam Generating Units: 40 CFR, Part 60, 

Subpart Da, as amended JanHary 21!, 2QQ9January 20. 2011, is hereby incorporated and 

adopted by reference. 

4. Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units: 40 

CFR, Part 60, Subpart Db, as amended JanHal)' 21!, 2QQ9January 20. 2011, is hereby 

incorporated and adopted by reference. 

5. Standards of Performance for 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 Performance for Incinerators: 40 CFR, Part 60, Subpart E, as amended May 

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

7. Standards of Performance for 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. 

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Chapter 391-3-1 Rules for Air Quality Control 

9. Standards of Performance for Nitric Acid Plants: 40 CFR, Part 60, Subpart G, as amended 

February 14, 1989, is hereby incorporated and adopted by reference. 

10. Standards of Performance for Sulfuric Acid Plants: 40 CFR, Part 60, Subpart H, as 

amended October 17, 2000, is hereby incorporated and adopted by reference. 

11. Standards of Performance for Asphalt Concrete Plants: 40 CFR, Part 60, Subpart I, as 

amended February 14, 1989, is hereby incorporated and adopted by reference. 

12. Standards of Performance for 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 Performance for Volatile 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 Performance for 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 Performance for 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 Performance for Secondary Emissions from Basic Oxygen Process 

Steelmaking Facilities for Which Construction is Commenced After January 20, 1983: 40 CFR, 

Part 60, Subpart Na, as amended October 17, 2000, is hereby incorporated and adopted by 

reference. 

20. Standards of Performance for Sewage 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, Part 60, 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 Performance for Primary Lead Smelters: 40 CFR, Part 60, Subpart R, as 

amended February 14, 1989, is hereby incorporated and adopted by reference. 

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Chapter 391-3-1 Rules for Air Quality Control 

24. Standards of Performance for Primary Aluminum Reduction Plants: 40 CFR, Part 60, 

Subpart S, as amended October 17, 2000, is hereby incorporated and adopted by reference. 

25. Standards of Performance for the Phosphate Fertilizer Industry: Wet-Process Phosphoric 

Acid Plants: 40 CFR, Part 60, Subpart T, as amended October 17, 2000, is hereby incorporated 

and adopted by reference. 

26. Standards of Performance for the Phosphate Fertilizer Industry: Superphosphoric Acid 

Plants: 40 CFR, Part 60, Subpart U, as amended October 17, 2000, is hereby incorporated and 

adopted by reference. 

27. Standards of Performance for the Phosphate Fertilizer Industry: Diammonium Phosphate 

Plants: 40 CFR, Part 60, Subpart V, as amended October 17, 2000, is hereby incorporated and 

adopted by reference. 

28. Standards of Performance for the Phosphate Fertilizer Industry: Triple Superphosphate 

Plants: 40 CFR, Part 60, Subpart W, as amended October 17, 2000, is hereby incorporated and 

adopted by reference. 

29. Standards of Performance for the Phosphate Fertilizer Industry: Granular Triple 

Superphosphate Storage Facilities: 40 CFR, Part 60, Subpart X, as amended October 17, 2000, 

is hereby incorporated and adopted by reference. 

30. Standards of Performance for Coal Preparation Plants: 40 CFR, Part 60, Subpart Y, as 

amended October 8, 2009, is hereby incorporated and adopted by reference. 

31. Standards of Performance for Ferroalloy Production Facilities: 40 CFR, Part 60, Subpart Z, 

as amended October 17, 2000, is hereby incorporated and adopted by reference. 

32. Standards of Performance for Steel Plants: Electric Arc Furnaces: 40 CFR, Part 60, 

Subpart AA, as amended February 22, 2005, is hereby incorporated and adopted by reference. 

33. Standards of Performance for Steel Plants. Electric Arc Furnaces and Argon-Oxygen 

Decarburization Vessels Constructed After August 17, 1983: 40 CFR 60, Subpart AAa, 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 

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

35. Standards of Performance for Glass 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 for Surface Coating of Metal 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 

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Chapter 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 Performance for 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 Performance for Automobile and Light-Duty Truck Coating Operations: 40 

CFR, Part 60, Subpart MM, as amended October 17, 2000, is hereby incorporated and adopted 

by reference. 

43. Standards of Performance for 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 for Ammonium 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 amended April 9, 2004, is hereby incorporated and adopted by 

reference. 

46. Standards of Performance for 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: Large Appliances: 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, Subpart TT, as 

amended October 17, 2000, is hereby incorporated and adopted by reference. 

49. Standards of Performance for Asphalt 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 of VOC in the Synthetic Organic Chemicals 

Manufacturing Industry: 40 CFR, Part 60, Subpart W, as amended June 2, 2008, is hereby 

incorporated and adopted by reference. 

51. Standards of Performance for Beverage Can Surface Coating Industry: 40 CFR, Part 60, 

Subpart WW, as amended October 17, 2000, is hereby incorporated and adopted by reference. 

52. Standards of Performance for Bulk Gasoline Terminals: 40 CFR, Part 60, Subpart XX, as 

amended December 19, 2003, is hereby incorporated and adopted by reference. 

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Chapter 391-3-1 Rules for Air Quality Control 

53. Standards of Performance for Rubber Tire Manufacturing Industry: 40 CFR, Part 60, 

Subpart BBB, as amended October 17, 2000, is hereby incorporated and adopted by reference. 

54. Standards of Performance for Volatile 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 Performance for Equipment Leaks of VOC in Petroleum Refineries: 40 CFR, 

Part 60, Subpart GGG, as amended June 2, 2008, is hereby incorporated and adopted by 

reference. 

57. Standards of Performance for 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 for Volatile Organic Compounds (VOC) Emissions from the 

Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes: 40 

CFR, Part 60, Subpart Ill, as amended December 14, 2000, is hereby incorporated and adopted 

by reference. 

59. Standards of Performance for Petroleum Dry Cleaners: 40 CFR, Part 60, Subpart JJJ, as 

amended October 17, 2000, is hereby incorporated and adopted by reference. 

60. Standards of Performance for Equipment Leaks of VOC from 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 Performance for Onshore 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 for Volatile 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 Performance for Nonmetallic Mineral Processing Plants: 40 CFR, Part 60, 

Subpart 000, as promulgated April 28, 2009, is hereby incorporated and adopted by reference. 

64. Standards of Performance for Wool 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 for VOC Emissions from Petroleum Refinery Wastewater 

Systems: 40 CFR 60, Subpart QQQ, as amended October 17, 2000, is hereby incorporated and 

adopted by reference. 

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Chapter 391-3-1 Rules for Air Quality Control 

66. Standards of Performance for Volatile Organic Compound (VOC) Emissions from Synthetic 

Organic Chemical 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 Magnetic Tape Coating: 40 CFR 60, Subpart SSS, as 

amended February 12, 1999, is hereby incorporated and adopted by reference. 

68. Standards of Performance for Plastic Parts for Business Machine Coatings: 40 CFR 60, 

Subpart TTT, 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 Performance for Polymeric Coating of Supporting Substrates Facilities: 40 

CFR 60, Subpart VVV, as promulgated September 11, 1989, is hereby incorporated and 

adopted by reference. · 

71. Standards of Performance for Municipal Waste Combustors for Which 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/Infectious Waste Incinerators for which 

construction is commenced after June 20, 1996: 40 CFR, Part 60, Subpart Ec, as amended 

October 6, 2009, is hereby incorporated and adopted by reference. 

7 4. Standards of Performance for Small Municipal Waste Combustion Units for Which 

Construction is Commenced After August 30, 1999: 40 CFR 60, Subpart AAAA, as promulgated 

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

75. Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for 

Which Construction is Commenced After November 30, 1999: 40 CFR 60, Subpart CCCC, as 

amended September 22, 2005, is hereby incorporated and adopted by reference. 

76. Standards of Performance for Other Solid Waste Incinerator Units for Which Construction is 

Commenced After December 9, 2004, or for Which Modification or Reconstruction is 

Commenced on or After June 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 for Stationary 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 

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Chapter 391-3-1 Rules for Air Quality Control 

CFR Part 60 Subpart JJJJ, as amended October B, 200BJune 28, 2011, is hereby incorporated 

and adopted by reference. 

80. Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals 

Manufacturing Industry For Which Construction, Reconstruction, or Modification Commenced 

after November 7, 2006: 40 CFR Part 60 Subpart Wa, as amended June 2, 2008, is hereby 

incorporated and adopted by reference. 

81. Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries For Which 

Construction, Reconstruction, or Modification Commenced after November 7, 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 for Which Construction, 

Reconstruction, or Modification Commenced After May 14, 2007: 40 CFR Part 60 Subpart Ja, 

as amended December 22, 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 for Vinyl 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 Standard for Benzene Emissions from Coke Byproduct Recovery Plants: 40 CFR, 

Part 61, Subpart L, as amended October 17, 2000, is hereby incorporated and adopted by 

reference. 

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Chapter 391-3-1 Rules for Air Quality Control 

7. Emission Standard for Asbestos (including work practices): 40 CFR, Part 61, Subpart M, as 

amended July 20, 2004, is hereby incorporated and adopted by reference. 

8. Emission Standard for Inorganic Arsenic 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 Standard for Inorganic Arsenic Emissions from Primary Copper Smelters: 40 CFR, 

Part 61, Subpart 0, as amended October 17, 2000, is hereby incorporated and adopted by 

reference. 

10. Emission Standard for Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic 

Arsenic Production Facilities: 40 CFR, Part 61, Subpart P, as amended October 3, 1986, is 

hereby incorporated and adopted by reference. 

11. Emission Standard for Equipment Leaks (Fugitive Emission Sources) [of VHAP]: 40 CFR, 

Part 61, Subpart V, as amended December 14, 2000, is hereby incorporated and adopted by 

reference. 

12. Emission Standard for Benzene Emissions from Benzene Storage Vessels: 40 CFR, Part 

61, Subpart Y, as amended December 14, 2000, is hereby incorporated and adopted by 

reference. 

13. Emission Standard for Benzene Emissions from Benzene Transfer Operations: 40 CFR, 

Part 61, Subpart BB, as amended December 14, 2000, is hereby incorporated and adopted by 

reference. 

14. Emission Standard for Benzene Waste Operations: 40 CFR, Part 61, Subpart FF, as 

amended December 4, 2003, is hereby incorporated and adopted by reference. 

15. General Provisions. For purposes of applying Emission Standards for Hazardous Air 

Pollutants, 40 CFR, Part 63, Subpart A, as amended December 22, 2008December 1, 2011, 

[excluding 63.13, and 63.15(a)(2)] is hereby incorporated and adopted by reference subject to 

the following 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 or enforceable as a 

practical matter." 

16. Requirements for Control Technology Determinations for Major Sources in Accordance with 

Clean Air Act Paragraph 112(g): 40 CFR, Parts 63.40 through 63.44, as amended June 30, 

1999, is hereby incorporated and adopted by reference, subject to the following provisions: 

(i) Terms used in this paragraph shall have the meaning given to them in the Clean Air Act, 40 

CFR 63 Subparts A and B, and the Georgia Air Quality Act. 

(ii) The "Effective Date of Paragraph 112(g)(2)(8)," as defined in 40 CFR 63.41, shall be June 

29, 1998. 

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Chapter 391-3-1 Rules for Air Quality Control 

(iii) The "Notice of MACT Approval," as defined in 40 CFR 63.41, shall be the air construction 

permit issued by the Division. 

(iv) The "Permitting Authority," as defined in 40 CFR 63.41, shall be the Division. 

(v) In lieu of the administrative procedures for review of the Notice of MACT Approval, as set 

forth in 40 CFR 63.43(f)(1) through (5), the Division will act in accordance with the permitting 

requirements as set forth in Chapter 391-3-1-.03 Permits, as amended, and administrative 

procedures for preconstruction review and approval established by the Division. 

(vi) In lieu of the opportunity for public comment on the Notice of MACT Approval, as set forth in 

40 CFR 63.43(h), the Division will provide opportunity for public comment on the Notice of 

MACT Approval pursuant to Chapter 391-3-1-.03 (2)(i). 

(vii) The Notice of MACT Approval shall become effective upon issuance of the air construction 

permit by the Division. 

17. Requirements for Control Technology Determinations for Major Sources in Accordance with 

the Clean Air Act 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 

November 21, 1994, is hereby incorporated and adopted by reference. 

20. Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic 

Chemical Manufacturing Industry, 40 CFR 63, Subpart F, as amended December 21, 2006, is 

hereby incorporated and adopted by reference. 

21. Emission Standards for Organic Hazardous Air Pollutants from Synthetic Organic Chemical 

Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and 

Wastewater, 40 CFR 63, Subpart G, as amended December 22, 2008, is hereby incorporated 

and adopted by reference. Only procedures listed in. 63.112(e) of 40 CFR 63, Subpart G, shall 

be used to comply with the emission standard in 63.112(a) unless otherwise specifically 

approved by the Director. 

22. Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks, 40 CFR 63, 

Subpart H, as amended December 22, 2008, is hereby incorporated and adopted by reference. 

23. Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to 

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 Standards for Polyvinyl Chloride and Copolymers Production, 40 CFR Part 63, 

Subpart J, as amended July 10, 2002, is hereby incorporated and adopted by reference. 

25. [reserved] 

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Chapter 391-3-1 Rules for Air Quality Control 

26. Emission Standards for Coke Oven Batteries, 40 CFR 63, Subpart L, as amended April 20, 

2005, is hereby incorporated and adopted by reference. 

27. Perchloroethylene Air Emission Standards for Dry Cleaning Facilities, 40 CFR 63, Subpart 

M, as amended July 11, 2008, is hereby incorporated and adopted by reference. 

28. Emission Standards for Chromium Emissions from Hard and Decorative Chromium 

Electroplating and Chromium Anodizing Tanks, 40 CFR 63, Subpart N, as amended April20, 

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 Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers, 40 

CFR 63, Subpart Q, as amended April 7, 2006, is hereby incorporated and adopted by 

reference. 

32. Emission Standards for Gasoline 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 Standards for Pulp & Paper Industries, 40 CFR 63, Subpart S, as amended April 

13, 2004, is hereby incorporated and adopted by reference. 

34. Emission Standards for Halogenated Solvent Cleaning, 40 CFR 63, Subpart T, as amended 

May 3, 2007, is hereby incorporated and adopted by reference. 

35. Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins, 

40 CFR 63, Subpart U, as amended Deserntler 22, 2008 April 21, 2011, is hereby incorporated 

and adopted by reference. 

36. [reserved] 

37. Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and NonNylon Polyamides Production, 40 CFR 63, Subpart W, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

38. Emission Standards for Hazardous Air Pollutants From Secondary Lead Smelting, 40 CFR 

63, Subpart X, as amended June 23, 2003Januarv 5. 2012, is hereby incorporated and adopted 

by reference. 

39. Emission Standards for Marine Tank Vessel Loading Operations, 40 CFR 63, Subpart Y, as 

amended April 20, 200€1 April 21, 2011, is hereby incorporated and adopted by reference. 

40. [reserved] 

A-38 
Chapter 391-3-1 Rules for Air Quality Control 

41. Emission Standards for Hazardous Air Pollutants from Phosphoric Acid Manufacturing 

Plants, 40 CFR 63, Subpart AA, as amended April 20, 2006, is hereby incorporated and 

adopted by reference. 

42. Emission Standards for Hazardous Air Pollutants from Phosphate Fertilizers Production 

Plants, 40 CFR 63, Subpart 88, as amended April 20, 2006, is hereby incorporated and 

adopted by reference. 

43. Emission Standards for Hazardous Air Pollutants from Petroleum Refineries, 40 CFR 63, 

Subpart CC, as amended ,hme :JO, 201 OJuly 18, 2011, is hereby incorporated and adopted by 

reference. Only procedures listed in 63.642(k) of 40 CFR 63, Subpart CC shall be used to 

comply with the emission standard in 63.642(g). 

44. Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery 

Operations, 40 CFR 63, Subpart DD, as amended April 20, 2006, is hereby incorporated and 

adopted by reference. 

45. Emission Standards for Magnetic Tape Manufacturing Operations, 40 CFR 63, Subpart EE, 

as amended June 23, 2003, is hereby incorporated and adopted by reference. 

46. [reserved) 

47. Emission Standards for Aerospace Manufacturing and Rework Facilities, 40 CFR 63, 

Subpart GG, as amended April 20, 2006, is hereby incorporated and adopted by reference. 

48. Emission Standards for Hazardous Air Pollutants for Source Categories: Oil & Natural Gas 

Production Facilities, 40 CFR 63, Subpart HH, as amended December 22, 2008, is hereby 

incorporated and adopted by reference. 

49. Emission Standards for Shipbuilding and Ship Repair (Surface Coating), 40 CFR 63, 

Subpart II, as amended JllRe 2:l, 200:lNovember 21, 2011, is hereby incorporated and adopted 

by reference. 

50. Emission Standards for Wood Furniture Manufacturing Operations, 40 CFR 63, Subpart JJ, 

as amended JllRe 2:l, 200:lNovember 21, 2011, is hereby incorporated and adopted by 

reference. 

51. Emission Standards for the Printing and Publishing Industry, 40 CFR 63, Subpart KK, as 

amended May 24, 2006April21, 2011, is hereby incorporated and adopted by reference. 

52. Emission Standards for Hazardous Air Pollutants for Source Categories: Primary Aluminum 

Reduction Plants, 40 CFR 63, Subpart LL, as amended April 20, 2006, is hereby incorporated 

and adopted by reference. 

53. Emission Standards for 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-39 
Chapter 391-3-1 Rules for Air Quality Control 

55. Emission Standards for Tanks-Level 1, 40 CFR 63, Subpart 00, as amended June 23, 

2003, is hereby incorporated and adopted by reference. 

56. Emission Standards for Containers, 40 CFR 63, Subpart PP, as amended June 23, 2003, is 

hereby incorporated and adopted by reference. 

57. Emission Standards for Surface Impoundments, 40 CFR 63, 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 Hazardous Air Pollutants from: Closed Vent Systems, Control 

Devices, Recovery Devices and Routing to a Fuel Gas System or a Process, 40 CFR 63, 

Subpart SS, as amended April 20,2006, is hereby incorporated and adopted by reference. 

60. Emission Standards for Hazardous Air Pollutants from Equipment Leaks--Control Level 1, 

40 CFR 63, Subpart TT, 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 Standards for Oil-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 Hazardous Air Pollutants from Storage Vessels (Tanks)--Control 

Level2, 40 CFR 63, Subpart WW, as amended July 12, 2002, is hereby incorporated and 

adopted by reference. 

64. Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems 

and Waste Operations, 40 CFR Part 63, Subpart XX, as amended April 13, 2005, is hereby 

incorporated and adopted by reference. 

65. Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum 

Achievable Control Technology Standards, 40 CFR 63, Subpart YY, as amended April 20, 2006, 

is hereby incorporated and adopted by reference. 

66. [reserved] 

67. [reserved] 

68. [reserved] 

69. Emission standards for Hazardous Air Pollutants for Source Categories: Steel Pickling --

HCI Process Facilities and Hydrochloric Acid Regeneration Plants, 40 CFR 63, Subpart CCC, 

as amended April 20, 2006, is hereby incorporated and adopted by reference. 

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

70. Emission Standards for Hazardous Air Pollutants for Source Categories: Mineral Wool 

Production, 40 CFR 63, Subpart ODD, as amended June 23, 2003, is hereby incorporated and 

adopted by reference. 

71. Emission Standards for Hazardous Air Pollutants for Source Categories: Hazardous Waste 

Combustors, 40 CFR 63, Subpart EEE, as amended October 28, 2008, is hereby incorporated 

and adopted by reference. 

72. [reserved] 

73. Emission Standards for Hazardous Air Pollutants for Source Categories: Pharmaceuticals 

Production, 40 CFR 63, Subpart GGG, as amended December 22, 2008April 21, 2011, is 

hereby incorporated and adopted by reference. 

7 4. Emission Standards for Hazardous Air Pollutants for Source Categories: Natural Gas 

Transmission and Storage Facilities, 40 CFR 63, Subpart HHH, as amended December 22, 

2008, is hereby incorporated and adopted by reference. 

75. Emission Standards for Hazardous Air Pollutants for 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 Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins, 

40 CFR 63, Subpart JJJ, as amended December 22, 2008, is hereby incorporated and adopted 

by reference. 

77. [reserved] 

78. Emission Standards for Hazardous Air Pollutants for Source Categories: Portland Cement 

Manufacturing Industry, 40 CFR 63, Subpart LLL, as amended Sefl!ember 9, 201 OMay 17, 2011 

is hereby incorporated and adopted by reference. 

79. Emission Standards for Hazardous Air Pollutants for Source Categories: Pesticide Active 

Ingredient Production, 40 CFR 63, Subpart MMM, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

80. Emission Standards for Hazardous Air Pollutants for Source Categories: Wool Fiberglass 

Manufacturing, 40 CFR 63, Subpart NNN, as amended April 20, 2006, is hereby incorporated 

and adopted by reference. 

81. Emission Standards for Hazardous Air Pollutants for Source Categories: Amino/Phenolic 

Resins Production, 40 CFR 63, Subpart 000, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

82. Emission Standards for Hazardous Air Pollutants for Source Categories: Polyether Polyols 

Production, 40 CFR 63, Subpart PPP, as amended April 20, 2006, is hereby incorporated and 

adopted by reference. 

A-41 
Chapter 391-3-1 Rules for Air Quality Control 

83. Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting, 40 CFR 

Part 63, Subpart QQQ, as amended April 20, 2006, is hereby incorporated and adopted by 

reference. 

84. Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production, 40 

CFR, 63, Subpart RRR, as amended April 20, 2006, is hereby incorporated and adopted by 

reference. 

85. [reserved] 

86. Emission Standards for Hazardous Air Pollutants for Source Categories: Primary Lead 

Smelting, 40 CFR 63, Subpart TTT, as amended A13ril 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 Hazardous Air Pollutants for Source Categories: Publicly Owned 

Treatment Works, 40 CFR 63, Subpart VW, as amended December 22, 2008, is hereby 

incorporated and adopted by reference. 

89. [reserved] 

90. Emission Standards for Hazardous Air Pollutants for Source Categories: Ferroalloys 

Production: Ferromanganese and Silicomanganese, 40 CFR 63, Subpart XXX, as amended 

April 20, 2006, is hereby incorporated and adopted by reference. 

91. [reserved] 

92. [reserved] 

93. Emission Standards for Hazardous Air Pollutants for Source Categories: Municipal Solid 

Waste Landfills, 40 CFR Part 63, Subpart AAAA, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

94. [reserved] 

95. Emission Standards for Hazardous Air Pollutants for Source Categories: Nutritional Yeast 

Manufacturing, 40 CFR Part 63, Subpart CCCC, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

96. Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products, 

40 CFR Part 63, Subpart DDDD, as amended October 29, 2007, is hereby incorporated and 

adopted for reference. 

97. Emission Standards for Hazardous Air Pollutants: Organic Liquid Distribution (nongasoline), 40 CFR Part 63, Subpart EEEE, as amended December 22, 2008, is hereby 

incorporated and adopted for reference. 

A-42 
Chapter 391-3-1 Rules for Air Quality Control 

98. Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical 

Manufacturing, 40 CFR Part 63, Subpart FFFF, as amended December 22, 2008, is hereby 

incorporated and adopted by reference. 

99. Emission Standards for 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 Hazardous Air Pollutants for Wet Formed Fiberglass Mat 

Production, 40 CFR Part 63, Subpart HHHH, as amended April 20, 2006, is hereby incorporated 

and adopted by reference. 

101. Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and 

Light-Duty Trucks, 40 CFR Part 63, Subpart 1111, as amended April 24, 2007, is hereby 

incorporated and adopted by reference. 

102. Emission Standards for Hazardous Air Pollutants for Paper and Other Web 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 of Metal Cans, 40 CFR 

Part 63, Subpart KKKK, as amended April 20, 2006, is hereby incorporated and adopted by 

reference. 

104. [reserved] 

105. Emission Standards for Hazardous Air Pollutants: Surface Coating of Miscellaneous Metal 

Parts and Products, 40 CFR Part 63, Subpart MMMM, as amended December 22, 2006, is 

hereby incorporated and adopted by reference. 

106. Emission Standards for Hazardous Air Pollutants for 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 Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics 

and Other Textiles, 40 CFR Part 63, 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 amended April 24, 2007, is hereby incorporated 

and adopted by reference. 

109. Emission Standards for Hazardous Air Pollutants: Surface Coating of Wood Building 

Products, 40 CFR Part 63, Subpart QQQQ, as amended April 20, 2006, is hereby incorporated 

and adopted by reference. 

A-43 
Chapter 391-3-1 Rules for Air Quality Control 

110. Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture, 40 

CFR Part 63, Subpart RRRR, as amended April 20, 2006, is hereby incorporated and adopted 

by reference. 

111. Emission Standards for Hazardous Air 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 Hazardous Air Pollutants for Leather Finishing Operations, 40 

CFR Part 63, Subpart TTTT, as amended February 7, 2005, is hereby incorporated and 

adopted by reference. 

113. Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing, 40 

CFR Part 63, Subpart UUUU, as amended December 22, 2008, is hereby incorporated and 

adopted by reference. 

114. Emission Standards for Hazardous Air Pollutants for Source Categories: Boat 

Manufacturing, 40 CFR Part 63, Subpart WW, as amended October 3, 2001, is hereby 

incorporated and adopted by reference. 

115. Emission Standards for Hazardous Air Pollutants: Reinforced Plastic Composites 

Production, 40 CFR Part 63, Subpart WWWW, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

116. Emission Standards for Hazardous Air Pollutants for Tire Manufacturing, 40 CFR Part 63, 

Subpart XXXX, as amended April 20, 2006, is hereby incorporated and adopted by reference. 

117. Emission Standards for Hazardous Air Pollutants for Stationary Combustion Engines, 40 

CFR Part 63, Subpart YYYY, as amended April 20, 2006, is hereby incorporated and adopted 

by reference. 

118. Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion 

Engines, 40 CFR Part 63, Subpart ZZZZ, as amended Allg~oJst 20, 201 OM arch 9, 2011, is hereby 

incorporated and adopted by reference. 

119. Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants, 40 CFR 

Part 63, Subpart AAAAA, 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 Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, 

and Battery Stacks, 40 CFR Part 63, Subpart CCCCC, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

122. [reserved] 

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Chapter 391-3-1 Rules for Air Quality Control 

123. Emission Standards for Hazardous Air 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 Hazardous Air Pollutants: Site Remediation, 40 CFR Part 63, 

Subpart GGGGG, as amended December 22, 2008, is hereby incorporated and adopted by 

reference. 

126. Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing, 

40 CFR Part 63, Subpart HHHHH, as amended December 22, 2008, is hereby incorporated and 

adopted by reference. 

127. Emission Standards for Hazardous Air Pollutants: Mercury Emissions from Mercury Cell 

Chlor-Aikali Plants, 40 CFR Part 63, Subpart IIIII, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

128. [reserved] 

129. [reserved] 

130. Emission Standards for Hazardous Air 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 Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication 

Operations, 40 CFR Part 63, Subpart MMMMM, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

132. Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production, 40 CFR 

Part 63, Subpart NNNNN, as amended April 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 amended April 20, 2006, is hereby incorporated and adopted by 

reference. 

135. Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing 

Facilities, 40 CFR Part 63, Subpart QQQQQ, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

136. Emission Standards for 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-45 
Chapter 391-3-1 Rules for Air Quality Control 

137. Emission Standards for Hazardous Air Pollutants for 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 Hazardous Air Pollutants for Primary Magnesium Manufacturing, 

40 CFR Part 63, Subpart TTTTT, as amended April 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 December 28, 2007, is hereby incorporated and adopted by 

reference. 

142. [reserved] 

143. Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace 

Steelmaking Facilities, 40 CFR Part 63, Subpart YYYYY, as promulgated December 28, 2007, 

is hereby incorporated and adopted by reference. 

144. Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area 

Sources, 40 CFR Part 63, Subpart ZZZZZ, as promulgated January 2, 2008, is hereby 

incorporated and adopted by reference. 

145. [reserved] 

146. Emission Standards for Hazardous Air 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 Hazardous Air Pollutants for Source Category: Gasoline 

Dispensing Facilities, 40 CFR Part 63, Subpart CCCCCC, as amended January 24, 2011, is 

hereby incorporated and adopted by reference. 

148. Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers 

Production Area 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 Pollutants for Primary Copper Smelting 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 Pollutants for Secondary Copper Smelting Area 

Sources, 40 CFR Part 63, Subpart FFFFFF, as amended July 3, 2007, is hereby incorporated 

and adopted by reference. 

A-46 
Chapter 391-3-1 Rules for Air Quality Control 

151. Emission Standards for Hazardous Air Pollutants for Primary Nonferrous Metals Area 

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 Hazardous Air Pollutants: Paint Stripping and Miscellaneous 

Surface Coating Operations at Area 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 Hazardous Air Pollutants for Acrylic and Modacrylic Fibers 

Production Area Sources, 40 CFR Part 63, Subpart LLLLLL, as amended March 26, 2008, is 

hereby incorporated and adopted by reference. 

157. Emission Standards for Hazardous Air 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 Hazardous Air Pollutants for 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 Hazardous Air Pollutants for Flexible Polyurethane Foam 

Production and Fabrication Area Sources, 40 CFR Part 63, Subpart 000000, as amended 

March 26, 2008, is hereby incorporated and adopted by reference. 

160. Emission Standards for Hazardous Air Pollutants for 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 Hazardous Air Pollutants for Wood 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 Hazardous Air Pollutants for Clay Ceramics Manufacturing Area 

Sources, 40 CFR Part 63, Subpart RRRRRR, as promulgated December 26, 2007, is hereby 

incorporated and adopted by reference. 

163. Emission Standards for Hazardous Air Pollutants for Glass Manufacturing Area Sources, 

40 CFR Part 63, Subpart SSSSSS, as promulgated December 26, 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, Subpart TTTTTT, as promulgated December 26, 

2007, is hereby incorporated and adopted by reference. 

A-47 
Chapter 391-3-1 Rules for Air Quality Control 

165. [reserved] 

166. Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area 

Sources, 40 CFR Part 63, Subpart WVWV, as amended Desemeer 14, 2010March 14, 2011, 

is hereby incorporated and adopted by reference. 

167. Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and 

Polishing Operations, 40 CFR Part 63, Subpart WWWWWW, 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 Hazardous Air Pollutants: Area Source Standards for Nine Metal 

Fabrication and Finishing Source Categories, 40 CFR Part 63, Subpart XXXXXX, as 

promulgated July 23, 2008, is hereby incorporated and adopted by reference. 

169. Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys 

Production Facilities, 40 CFR Part 63, Subpart YYYYYY, as promulgated December 23, 2008, 

is hereby incorporated and adopted by reference. 

170. Emission Standards for Hazardous Air Pollutants: Area Source Standards for Aluminum, 

Copper, and Other Nonferrous Foundries, 40 CFR Part 63, Subpart ZZZZZZ, as amended 

September 10, 2009, is hereby incorporated and adopted by reference. 

171. Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing 

and Asphalt Roofing Manufacturing, 40 CFR Part 63, Subpart AAAAAAA, as amended March 

18, 2010, is hereby incorporated and adopted by reference. 

172. Emission Standards for Hazardous Air Pollutants for Area Sources: Chemical 

Preparations Industry, 40 CFR Part 63, Subpart BBBBBBB, as promulgated December 30, 

2009, is hereby incorporated and adopted by reference. 

173. Emission Standards for Hazardous Air Pollutants for Area Sources: Paints and Allied 

Products Manufacturing, 40 CFR Part 63, Subpart CCCCCCC, as amended June 3, 2010, is 

hereby incorporated and adopted by reference. 

17 4. Emission Standards for Hazardous Air Pollutants: Area Source Standards for Prepared 

Feeds Manufacturing, 40 CFR Part 63, Subpart DDDDDDD, as amended J~o~ly 20, 

:IDWDecember 23, 2011, is hereby incorporated and adopted by reference. 

175. Emission Standards for Hazardous Air Pollutants: Gold Mine Ore Processing and 

Production Area 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-48 
Chapter 391-3-1 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 below the following for all pollutants: 

(i) 50 tons per year of carbon monoxide; 

(ii) 300 pounds per year of lead total; with a 3.0 pound per day maximum emission; 

(iii) 20 tons per year of particulate matter, PM10, or sulfur dioxide; 

(iv) 20 tons per year of nitrogen oxides or VOCs except in the counties of Cherokee, Clayton, 

Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, or 

Rockdale, where less than 5 tons per year of nitrogen oxides or VOCs is exempted; and 

(v) 2 tons per year total with a 15 pound per day maximum emission of any single hazardous 

air pollutant and less than 5 tons per year of any combination of hazardous air pollutants. 

2. Facilities where the combined emissions from all source activities are below the thresholds in 

"1" above for one or more pollutants, are not required to list those pollutants in the permit 

application. 

3. Cumulative modifications not covered in an existing permit to an existing permitted facility 

where the combined emission increases (excluding any contemporaneous emission decreases, 

i.e., "netting" is not allowed) from all nonexempt modified activities are below the following 

thresholds for all pollutants: 

(i) 25 tons per year of carbon monoxide; 

(ii) 150 pounds-per-year total with a 1.5 pound-per-day maximum emission of lead; 

(iii) 10 tons per year of particulate matter, PM10 or sulfur dioxide; 

(iv) 10 tons per year of nitrogen oxides or VOCs except in the counties of Cherokee, Clayton, 

Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, or 

Rockdale, where less than 2.5 tons per year of nitrogen oxides or VOCs is exempted; and 

(v) 2 tons per year total with a 15 pound per day maximum emission of any single hazardous 

air pollutant and less than 5 tons per year of any combination of hazardous air pollutants. 

4. As an alternative to subparagraph 3, cumulative modifications not covered in an existing 

permit to 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 less than 10 tons per year of particulate matter and PM10. For the purpose of this 

subparagraph, "contemporaneous" means within that period beginning on the date of issuance 

of the most recent permit through the date of reissuance of such permit. This shall exclude any 

amendment to such permit unless such amendment incorporates the previously exempted 

modification(s) in which case the amendment shall be considered a reissuance of such permit 

for the purpose of this 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 by this subparagraph. The Division may require the use 

A-49 
Chapter 391-3-1 Rules for Air Quality Control 

of a Division approved form for tracking the emissions increases and decreases. If a facility 

elects to use this subparagraph in lieu of subparagraph 3. it shall not use subparagraph 3 with 

respect to particulate matter and PM10 until such time that all modifications exempted from SIP 

permitting under subparagraph 4 have been incorporated into the permit. A facility may use 

subparagraph 3 with respect to any pollutant other than particulate matter and PM10 while using 

this subparagraph. Only the following facilities are eligible for this exemption: 

(i) Facilities with an SIC code of 1422 or 1423that are not a major source subject to the 

provisions of 391-3-1-.03(10) (i.e .. a minor or synthetic minor source). 

4§.. Changes in a process or process equipment which do not involve installing, constructing, or 

reconstructing an emission unit or the primary air cleaning device of an air pollution control 

system provided that such changes do not result in the increase of emissions from any emission 

unit or the emissions of a pollutant not previously emitted. Examples of such changes in a 

process or process equipment include the following: 

(i) Change in the supplier or formulation of similar raw materials, fuels, or paints and other 

coatings; 

(ii) Changes in product formulations; 

(iii) Change in the sequence of the process; 

(iv) Change in the method of raw material addition; 

(v) Change in the method of product packaging; 

(vi) Change in process operating parameters; 

(vii) Replacement of a fuel burner in a boiler with a more efficient burner; or 

(viii) Lengthening a paint drying oven to provide additional curing time. 

a§. Sources of minor significance as specified by the Director. 

ez. Sources for which there is no applicable emission limit, standard or other emission 

requirement established under, by, or pursuant to the Act. 

Authority: O.C.G.A. Section 12-9-1 et seq., as amended. 

A-50 
Chapter 391-3-1 Rules for Air Quality Control 

A RESOLUTION 

Adopting Amendments to the 

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

WHEREAS, the Board adopted, under the authority of The Georgia Air Quality Act, O.C.G.A. 

12-9-1, et seq., the Rules for Air Quality Control, Chapter 391-3-1, which became 

effective on September 26, 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 order for Georgia to retain Federal approval under 

the Clean Air Act (CAA); and 

WHEREAS, the proposal for the amendments to the Rules for Air Quality Control, Chapter 

391-3-1, has been prepared by staff of the 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, 201 0", Paragraph (7) "Prevention of Significant Deterioration of Air 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 

greater than 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 of the Georgia 

Air Quality Act. 

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

NOW, THEREFORE, BE IT RESOLVED THAT the Board of Natural Resources hereby adopts 

the amendments to the Rules for Air Quality Control, Chapter 391-3-1, as attached hereto and 

incorporated herein by reference. 

Adopted this 27th day of June 2012. 

Respectfully submitted by: 

Philip C. Watt, Chairman 

Board of Natural Resources 

ATTEST: 

Philip A. Wilheit, Jr., Secretary 

Board of Natural Resources 

A-52 
Chapter 391-3-1 Rules for Air Quality Control 

A RESOLUTION 

Adopting Amendments to the 

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

WHEREAS, the Board adopted, under the authority of The Georgia Air Quality Act, O.C.G.A. 

12-9-1, et seq., the Rules for Air Quality Control, Chapter 391-3-1, which became 

effective on September 26, 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 order for Georgia to retain Federal approval under 

the Clean Air Act (CAA); and 

WHEREAS, the proposal for the amendment to the Rules for Air Quality Control, Chapter 

391-3-1, has been prepared by staff of the 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 

greater than 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 of the Georgia 

Air Quality Act. 
Chapter 391-3-1 Rules for Air Quality Control 

NOW, THEREFORE, BE IT RESOLVED THAT the Board of Natural Resources hereby adopts 

the amendments to the Rules for Air Quality Control, Chapter 391-3-1, as attached hereto and 

incorporated herein by reference. 

Adopted this 2t" day of June 2012. 

Robert D. Lee ern, Jr., Acting 

Board of Natural Resources 

ATTEST: 

~-?~-:5 
Georgia Department of Natural Resources 

2 Martin Luther King, Jr., Drive, S.E., Suite 1152 East, Atlanta, Georgia 30334-4100 

Mark Williams, 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 to Air Quality Permit Fees 

I request the Board's consideration and approval of the following rule revision: 

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

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. 

Please find enclosed for your review and consideration: 

Synopsis and Statement of Rationale for the proposed amendment 

to Rules for Air Quality Control; 

Notice of Public Hearing; 

Memorandum summarizing comments on the proposed revision; 

Memorandum regarding the economic impacts of the proposed 

amendment on small businesses and the regulated community; 

Proposed amendments to the Rules for Air Quality Control 

showing deletions with stril~eellls and additions with underlines; and 

A proposed resolution for adopting the amendment to the rules. 

Thank you for your attention to this proposed rule change. 

I recommend adoption of the proposed amendments as presented. 

JHT:JJ:klc 

Attachments 

B-1 

Page No. 

B-2 

B-3 

B-5 

B-6 

B-8 

B -12 
Chapter 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-.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 Calendar Year 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 permit fee workgroup. 

STATEMENT OF RATIONALE 

Rules for Air Quality Control 

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

The basis of this 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 permit fee workgroup. 

B-2 
Chapter 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 FOR AIR 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 of this rule amendment is required to comply with Section 502(b)(3) of the federal Clean 

Air Act. 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 

new fee manual for Calendar Year 2011 fees. 

This notice, together with an exact copy of the proposed Air Rule Amendment, a synopsis, and 

a statement of rationale of the 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 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 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 for the official record. Oral statements should be concise. 

Written comments are welcomed. To insure their inclusion in EPD's package for the Board of 

Natural Resources, written comments should be received by close of business on 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-3 
Chapter 391-3-1 Rules for Air Quality 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 

Mark Williams, Commissioner 

Judson H. Turner, Director 

June 6, 2012 

MEMORANDUM 

To: 

From: 

Judson H. Turner, Director 

Environmental Protection Division 

James A. Capp, Chief 

Air Protection Branch 

Subject: Responses to Comments Received During the Public Comment Period Regarding 

Proposed Revision to Air Quality Rules, Chapter 391-3-1 

On March 27, 2012, EPD issued a public notice requesting comments on the proposed 

revisions to the Georgia Rules for Air Quality, 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 

new fee manual for Calendar Year 2011 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 

Mark Williams, 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 for Air 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 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 of the 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 

under the rules for small businesses; 

c. Establishing performance rather than design standards for small businesses; or 

d. Exempting small businesses from any or all requirements of the rules. 

The Georgia Environmental Protection Division (EPD) is proposing 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-6 
Small Business Impact Memo 

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

June 6, 2012 

Page 2 of2 

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

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

1. Different compliance or reporting requirements for small businesses: 

Very few small businesses are required to pay permit fees. The reporting is only once 

per year and only takes a few minutes to complete. 

2. Consolidate and/or simplify compliance or reporting requirements for small businesses: 

Very few small businesses are required to pay permit fees. The reporting is only once 

per year and only takes a few minutes to complete. 

3. Performance rather than design standards for small businesses: 

Permit fees are administrative in nature, therefore, this issue is not germane for the 

proposed rule changes. 

4. Exemptions for small businesses: 

Very few small businesses are required to pay permit fees. A very small percentage are 

required to pay the synthetic minor fee of $1700 and/or the NSPS fee of $1500. Most 

small businesses are minor sources, which are already exempt from paying permit fees, 

or are exempt from permitting altogether and therefore pay no permit fees. These fees 

are kept as low as possible, but are necessary to pay for the permitting services that are 

required by statute. 

In addition, the Administrative Procedures Act requires that " ... in the formulation and adoption of 

any rule, an agency shall choose an alternative that does not impose excessive regulatory costs 

on any regulated person or entity which costs could be reduced by a less expensive alternative 

that fully accomplishes the stated objectives of the statutes, the basis of the proposed rule." 

Very few small businesses are required to pay permit fees. A very small percentage are 

required to pay the synthetic minor fee of $1700 and/or the NSPS fee of $1500. Most small 

businesses are minor sources, which are already exempt from paying permit fees, or are 

exempt from permitting altogether and therefore pay no permit fees. These fees are kept as low 

as possible, but are necessary to pay for the permitting services that are required by statute. 

Therefore, the proposed rule revision does not impose excessive regulatory costs on any 

regulated person or entity, which costs could be reduced by a less expensive alternative that 

fully accomplishes the stated objectives of the Georgia Air Quality Act. 

JAC:JJ:klc 

B-7 
Chapter 391-3-1 Rules for Air 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 of the Department of Natural Resources, Chapter 391-3-1, Air Quality Control are 

hereby amended, added to, repealed in part, revised, as hereinafter explicitly set forth in the 

attached amendments, additions, partial repeals, and revisions for specific rules, or such 

subdivisions thereof as may be indicated. 

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

deletion.] 

(9) Permit Fees. 

(a) The owner or operator of any stationary source subject to the provisions of Georgia Air 

Quality Rule 391-3-1-.03 "Permits. Amended." shall pay to the Division an annual fee or its 

equivalent (e.g. quarterly payments). 

(b) The dollar-per-ton fee rate for each calendar year is specified in the table below. Each 

calendar year's emissions and air permit fees shall be determined and submitted in accordance 

with the Georgia Department of 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 "Procedures for Calculating 1992 Air Permit Fees" dated May 

1' 1993. 

1993 $25/Ton "Procedures for Calculating Air Permit Fees for Calendar Year 

1993" dated February 1, 1994. 

1994 $25/Ton "Procedures for Calculating Air Permit Fees for Calendar Year 

1994" dated May 1, 1995. 

1995 $25/Ton "Procedures for Calculating Air Permit Fees for Calendar Year 

1995" dated April 2, 1996. 

1996 $25/Ton "Procedures for Calculating Air Permit Fees for Calendar 

Years 1996 and 1997" dated August 1, 1997. 

1997 $28/Ton "Procedures for Calculating Air Permit Fees for Calendar 

Years 1996 and 1997" dated August 1, 1997. 

1998 $28/Ton "Procedures for Calculating Air Permit Fees for Calendar 

Years 1998 and 1999" dated January 19, 1999. 

1999 $28/Ton "Procedures for Calculating Air Permit Fees for Calendar 

Years 1998 and 1999" dated January 19, 1999. 

2000 $31/Ton "Procedures for Calculating Air Permit Fees for Calendar Year 

2000" dated April 30, 2001. 

B-8 
Chapter 391-3-1 Rules for Air Quality Control 

Calendar $/Ton Rate Procedures Manual Year 

2001 $31/Ton "Procedures for Calculating Air Permit Fees for Calendar Year 

2001" dated February 26, 2002." 

2002 $32.50/Ton "Procedures for Calculatin8 Air Permit Fees for Calendar Year 

2002" dated March 25, 20 3." 

2003 $32.50/Ton J::roceaures !Or lj'!l_cu!atlng A1r Permit Fees ror L;alenaar Year 

2003" dated April 20, 2004." 

2004 $32.50/Ton "Procedures for Calculatin8 Air Permit Fees for Calendar Year 

2004" dated March 22, 20 5. 

2005 $33.00/Ton "Procedures for Calculatin8 Air Permit Fees for Calendar Year 

2005" dated March 15, 20 6. 

2006 $28.50/Ton "Procedures for CalculatinB Air Permit Fees for Calendar Year 

2006" dated February 7, 2 07. 

2007 $34.00/Ton "Procedures for Calculating Air Permit Fees for Calendar Year 

2007" dated April 2, 2008. 

2008 $34.00/Ton "Procedures for Calculatin~ Air Permit Fees for Calendar Year 

2008" dated February 12, 009. 

2009 $34.00/Ton "Procedures for Calculatin% Air Permit Fees for Calendar Year 

2009" dated January 26, 2 1 0." 

$35.84/Ton for 

coal-fired electric "Procedures for Calculatin~ Air Permit Fees for Calendar Year 2010 generating units; 2010" dated January 31,2 11." $34/Ton for all 

other sources 

$35.84/Ton for 

coal- 1rec e1ecmc "Procedures for Calculatinq Air Permit Fees for Calendar Year 2011 aeneratma umts· 

:Pcl4i on ror au 2011" dated March 2, 201 ." 

ot er sources 

When no applicable calculation method or procedure is published therein, the Director may 

specify or approve an applicable method or procedure prior to its use. 

(c) For the purpose of this section, the following definitions shall apply: 

1. "Criteria Pollutant" means volatile organic compounds, sulfur dioxide, particulate matter, and 

nitrogen oxides. 

2. "Stationary source" means all of the pollutant-emitting activities which belong to the same 

industrial grouping, are located on one or more contiguous or adjacent properties, and are 

under the control of the same person (or persons under common control) except the activities of 

any vessel. Pollutant-emitting activities shall be considered as part of the same industrial 

grouping if they belong to the same "Major Group" (i.e., which have the same first two 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, 000 tons per year per stationary source of any 

individual criteria pollutant as calculated in accordance with the Fee Manual. 

B-9 
Chapter 391-3-1 Rules for Air Quality Control 

(e) The Director may reduce any permit fee required under this Chapter to take into the 

account the financial resources of small businesses stationary sources. 

(f) The collection of fees pursuant to this Chapter shall preclude collection of any air quality 

control permit fee by any other state or local government authority. 

(g) The collection of fees pursuant to this section shall begin on or after July 1, 1995, and shall 

be for the calendar year ending December 31, 1994. Thereafter, permit fees for each calendar 

year are due no later than September 1 of the following calendar year. Fees shall be paid in 

accordance with the procedures specified in the Fee Manual. 

(h) The owner of a stationary source subject to this paragraph (9), "Permit Fees" shall make a 

one-time payment on or before April 30, 2001, in accordance with the following schedule. This 

one-time payment shall serve as a credit toward the calendar year 2000 permit fees (which are 

to be adopted at a later date). The procedures and methods contained in the Georgia 

Department of Natural 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 calendar year 2000 activities and emissions shall be used 

to determine which, if any, of the following one-time payments are applicable to each stationary 

source. 

1. Any Stationary Source subject to one or more Federal Standard of Performance for New 

Stationary Sources (NSPS) that is not classified as a Part 70 major source is defined in 40 CFR 

70.2 shall pay a one-time payment of $400 unless ALL of the equipment at the stationary source 

that is subject to an NSPS standard is listed in the exception list found in section 2.0(a) of the 

1998/1999 Fee Manual and/or did not operate during calendar year 2000. 

2. Any Stationary Source that is classified as a Part 70 major source, as defined in 40 CFR 

70.2, that operated for any period of time in calendar year 2000, and whose calculated 

emissions (calculated using the Methods of Calculation contained in section 3.2 of the 

1998/1999 Fee Manual and calendar year 2000 activities) of EACH OF THE FOUR criteria 

pollutants (as defined in section 1.0 of the 1998/1999 Fee Manual: particulate matter, sulfur 

dioxide, volatile organic compounds, and nitrogen oxides) are less than or equal to the threshold 

values listed in section 3.16 of the 1998/1999 Fee Manual shall pay a one-time payment of 

$600. 

3. Any Stationary Source that is classified as a Part 70 major source, as defined in 40 CFR 

70.2, that operated for any period of time in calendar year 2000, whose calculated emissions 

(calculated using the Methods of Calculation contained in section 3.2 of the 1998/1999 Fee 

Manual and calendar year 2000 activities) of AT LEAST ONE of the four criteria pollutants (as 

defined in section 1.0 of the 1998/1999 Fee Manual: particulate matter, sulfur dioxide, volatile 

organic compounds, and nitrogen oxides) are above the applicable threshold value listed in 

section 3.16 of the 1998/1999 Fee Manual, and whose COMBINED calculated emissions 

(calculated using the Methods of Calculation contained in section 3.2 of the 1998/1999 Fee 

Manual and calendar year 2000 activities) is less than 700 tons shall pay a one-time payment of 

$1150. For the purpose of determining this one-time payment, the calculated emissions of any 

single criteria pollutant shall not be considered when determining if the calculated emissions are 

less than 700 tons if the calculated emissions for that criteria pollutant are less than or equal to 

the applicable threshold value listed in section 3.16 of the 1998/1999 fee manual. 

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Chapter 391-3-1 Rules for Air Quality Control 

4. Any Stationary Source that is classified as a Part 70 major source, as defined in 40 CFR 

70.2, that operated for any period of time in calendar year 2000, whose total calculated 

emissions (calculated using the Methods of Calculation contained in section 3.2 of the 

1998/1999 Fee Manual and calendar 2000 activities) of AT LEAST ONE of the four criteria 

pollutants (as defined in section 1.0 of the 1998/1999 Fee Manual: particulate matter, sulfur 

dioxide, volatile organic compounds, and nitrogen oxides) is above the applicable threshold 

value listed in section 3.16 of the 1998/1999 Fee Manual, and whose COMBINED calculated 

emissions (calculated using the Methods of Calculation contained in section 3.2 of the 

1998/1999 Fee Manual and calendar year 2000 activities) are greater than or equal to 700 tons 

shall pay a one-time payment of $3000. For the purpose of determining this one-time payment, 

the calculated emissions of any single criteria pollutant shall not be considered when 

determining if the calculated emissions are greater than or equal to 700 tons if the calculated 

emissions for that criteria pollutant are less than or equal to the applicable threshold value listed 

in section 3.16 of the 1998/1999 Fee Manual. 

(i) As part of the permit fees required under this paragraph, the owner or operator of any 

stationary source shall also pay administrative fees in accordance with the following 

subparagraphs in addition to the permit fees determined in accordance with the procedures 

manual(s) specified in Subparagraph (b) of this paragraph. 

1. The owner or operator shall pay an administrative fee of 0.05 percent of the total fee due 

determined in accordance with the procedures manual(s) specified in Subparagraph (b) of this 

paragraph for each calendar day in which the air permit fee form is submitted to the Division 

after October 1 of the calendar year in which the fee was due or October 1, 2010, which is later. 

2. For air permit fee forms submitted using the online Georgia air emissions fee reporting form, 

that date on which the air permit fee 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. For air permit 

fee forms that were submitted using a hard-copy paper form, the date on which the air permit 

fee form is submitted to the Division shall be the date on which the permit fee form and required 

payment are received at the address specified in the procedures manual or at the office of the 

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 or operator, the new owner or operator of the stationary source shall 

be responsible for paying any past due fees. 

Authority: O.C.G.A. Section 12-9-1 et seq., as amended. 

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Chapter 391-3-1 Rules for Air Quality Control 

A RESOLUTION 

Adopting Amendments to the 

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

WHEREAS, the Board adopted, under the authority of The Georgia Air Quality Act, O.C.G.A. 

12-9-1, et seq., the Rules for Air Quality Control, Chapter 391-3-1, which became 

effective on September 26, 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 order for Georgia to retain Federal approval under 

the Clean Air Act (CAA); and 

WHEREAS, the proposal for the amendment to the Rules for Air Quality Control, Chapter 

391-3-1, has been prepared by staff of the 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 

greater than 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 of the Georgia 

Air Quality Act. 

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Chapter 391-3-1 Rules for Air Quality Control 

NOW, THEREFORE, BE IT RESOLVED THAT the Board of Natural Resources hereby adopts 

the amendments to the Rules for Air Quality Control, Chapter 391-3-1, as attached hereto and 

incorporated herein by reference. 

·Adopted this 271

h day of June 2012. 

Respectfully submitted by: 

Philip C. Watt, Chairman 

Board of Natural Resources 

ATTEST: 

Philip A. Wilheit, Jr., Secretary 

Board of Natural Resources 

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