## Georgia Department of Natural Resources Environmental Protection Division, Air Protection Branch

4244 International Parkway, Suite 120, Atlanta, Georgia 30354 Phone:404/363-7000; Fax:404/363-7100 MarkWilliams, Commissioner Judson Turner, Director

CERTIFICATE OF PUBLIC HEARING

I do hereby certify that a public hearing was held on June 2, 2012, concerning proposed amendments to Georgia's Atlanta PM2.5 Maintenance Plan. A public notice posted at air-notices@listserv.dnr.state.ga.usfor review and comments on May 31,2012.

# ~vu_-~~~ NOtaf/l;blic- K. Lynne Collier Notary Public, Fayette County, Georgia My Commission Expires January 13, 2013 

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DateDEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION 

### NOTICE OF PUBLIC HEARING AND PROPOSED AMENDMENTS TO GEORGIA'S STATE IMPLEMENTATION PLAN

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 State Implementation Plan (SIP). The proposed revision is described below: The proposed State Implementation Plan revision includes Georgia's request under the Clean Air Act that the Atlanta annual PM2.5 nonattainment area be redesignated to attainment with respect to the 1997 National Ambient Air Quality Standard (NAAQS) for PM2.5 as well as Georgia's plan to maintain attainment ofthe 1997 annual PM2.5 standard in the Atlanta area. This notice is being provided to all persons who have requested in writing that they be placed on a notification list. The proposed SIP revision may be viewed at http://www.qeorqiaair.org/airpermiUhtml/planninqsupport/regdev/sips and revisions/sips and revisions.htm or during normal business hours of 8:00a.m. to 4:30p.m. atthe 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 SIP revision, a public hearing will be held at 7:00p.m. on July 2, 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 final submission ofthe SIP revision to EPA, written comments should be received by close of business on July 9, 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 SIP revision is proposed pursuant to authority contained in Georgia Air Quality Act (O.C.G.A. Section 12-9-1 et. seq.). For further information, contact the Air Protection Branch at404/363-7000.

1[(8i6/201:L)lynne Collier- [Georgia-Air Branch public notices & advisories] Revisions**to-G~orgia's** State Implementation_ Fl!lBge-1]

From: <air-notices@listserv.dnr.state.ga.us> To: air-notices@listserv.dnr.state.ga_us; air-notices@listserv.dnr.state.ga

.... Date: 5/31/2012 10:03 AM Subject: [Georgia Air Branch public notices & advisories] Revisions to Georgia's State Implementation Plan Attachments: notice.pdf; Part.002
DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION NOTICE OF PUBLIC HEARING AND PROPOSED AMENDMENTS TO GEORGIA'S STATE IMPLEMENTATION PLAN

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 State Implementation Plan (SIP). The proposed revision is described below: The proposed State Implementation Plan revision includes Georgia's request under the Clean Air Act that the Atlanta annual PM2.5 nonattainment area be redesignated to attainment with respect to the 1997 National Ambient Air Quality Standard (NAAQS) for PM2.5 as well as Georgia's plan to maintain attainment ofthe 1997 annual PM2.5 standard in the Atlanta area. This notice is being provided to all persons who have requested in writing that they be placed on a notification list. The proposed Sl P revision may be viewed at http://www.georgiaair.org/airpermit/html/planningsupportlregdev/sips_and_revisions/sips_and_revisions.h tm

or during normal business hours of 8:00a.m. to 4:30p.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 SIP revision, a public hearing will be held at 7:00 p.m. on July 2, 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 final submission ofthe SIP revision to EPA, written comments should bereceived by close of business on July 9, 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 Sl P revision is proposed 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.

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

### August 8, 2012



### MEMORANDUM To:

From:
Subject: Judson Turner, Director Environmental Protection Division James Capp, Chief 

# ()or__ Air Protection Branch 

# U
Responses to Comments Received During the Public Comment Period Regarding the Proposed Annual PM2.s Maintenance Plan for the Atlanta Nonattainment Area

On December 8, 2011, EPA promulgated its determination (76 FR 76620) that the Atlanta nonattainment area had attained the 1997 annual average PM2.5 National Ambient Air Quality Standard (NAAQS). As a result, the Environmental Protection Division (EPD) of the Georgia Department of Natural Resources is submitting to the United States Environmental Protection Agency (EPA) a State Implementation Plan (SIP) revision which incorporates a maintenance plan for the Atlanta Nonattainment Area. On May 31, 2012, EPD issued a public notice to all persons who have requested that they be placed on a notification list and requested comments on the proposed amendments to Georgia's SIP. The amendments were described in the notice as follows: 'The proposed State Implementation Plan revision includes Georgia's request under the Clean Air Act that the Atlanta annual PM2.5 nonattainment area be redesignated to attainment with respect to the 1997 National Ambient Air Quality Standard (NAAQS) for PM2.5 as well as Georgia's plan to maintain attainment of the 1997 annual PM2.5 standard in the Atlanta area." No oral comments were received during the public hearing held on July 2, 2012. Written comments were received from Greenlaw during the public comment period. Comments received and EPD's responses are included in the attached document. JC:JK:klc

### Responses to Comments Received- Atlanta PM2.5 SIP

Greenlawstates that the plan does not directly regulate all primary PM2.s emissions. Response: There are no statutoryorregulatory requirements to regulate allPM2.s (including condensables) emissions forthe purpose ofan attainmentdemonstration or maintenance SIP. EPA's Clean AirFine Particle Implementation Rule (72 FR 20586) allows States to identify those pollutants and those sources "with the greatestimpact on nonattainmentand to identify a soundstrategy that achieves attainment in the most sensible manner." (72 FR 20615) Despite this, itmustbe noted that all stationarysources ofPM2.s emissions are subject to state orfederal regulations forthe control of particulate matter, including Georgia PowerPlantBowen, which GreenLaw erroneouslyconcluded was notsubject to such control. This facility is subject to the State particulate matteremission limits ofGeorgia Rule 391-3-1-.02(2)(b) and (d) as well as the Federal requirements ofNESHAP Subpart 

# uuuuu. Greenlawstates that EPD relies on measures to address secondary PM2 .5 emissions that are non-permanent and non-enforceable. Response: GreenLawmakes the argumentbased on the uncertaintyregarding the Federalprograms NOx SIP Call, CAIR, and CSAPR to control the S0 2andNOx as not permanentand enforceable. However, all statewide emission reductions ofS0 2 that are relied upon formaintenance in the plan are due to the permanentand enforceable emission limits ofGeorgia Rule 391-3-1-.02(2)(uuu). Georgia's Maintenance Plan is deficient: Greenlawstates that contingency measures do not provide for prompt corrections ofviolations. Response: The contingencymeasures in this submittal are consistent with previous EPA approvals ofGeorgia SIP revisions formaintenance plans. Implementation ofthe contingencymeasures is onlyrequiredby§175A Clean AirAct upon violation ofthe PM 2

.s NAAQS. A violation is defined as a 3-yearaverage ofthe annual mean that is above the standard. The plan defines triggers and responses that are initiatedpriorto the violation ofthe PM2.s NAAQS. Greenlawstates that the contingency measures are too vague. Response: The contingencymeasures in this submittal are consistent with allprevious EPA approvals ofGeorgia SIP revisions formaintenance plans. There are no regulatory orstatutoryrequirements to identifyspecific contingencymeasures. However, EPA guidance (September4, 1992, John Calcagni) does require that a plan identify such measures to be considered, andsuch measures are typically those that would be requiredby the Clean AirActifan area was designated as nonattainment.

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### Responses to Comments Received -Atlanta PM2.5 SIP Response: EPA has issuedno finding regarding the inadequacy ofthe SSMprovisions in Georgia's SIP. Allcurrentrules regarding SSMin Georgia's SIPhave been approved byEPA. 

### Greenlawstates that the request for redesignation is inappropriate atthis time. Response: GreenLawmakes this argumentbasedon the pending newPM 2

.5 NAAQS and the needto continue to protectpublic health. The designation process forthe proposed2012 PM2. 5 NAAQS is independent ofanyprevious PM 2

. 5 NAAQS or maintenance requirements. This redesignation requestincludes 

### a maintenanceplan that demonstrates thatallmeasures that were required to attain the 1997standard will be maintainedand that future-yearemissions staybelow the emissions from 2008, one ofthe years used to calculate the attainmentdesign value. The plan is for ten years andmustbe followed byanother 10-yearplan. Ifthe state were to notredesignate the area subject to the 1997PM 2.s NAAQS and were designatednonattainment with the 2012 PM 2

.5 NAAQS, the state wouldbe subject to the SIP requirement oftwo simultaneous NAAQS ofthe same pollutantfordiffering concentration levels ofthe same averagingperiod. 

### It takes about two years to develop an attainmentplan anddoubling this effort while meeting the less stringent standard wouldbe an enormous waste of public resources with absolutelyno public health benefit. 

### Greenlawstates that the request does not address the effects redesignation will have on other NAAQS. Response: GreenLaw cites §7410(1) [§110(1)] as the basis that

### a plan is notapprovable ifit would interfere with attainment orreasonable furtherprogress. However, GreenLaw provides no evidence thatanyemissions are increasing as a result ofthis SIP that wouldinterfere with anyapplicable requirement concerning attainmentandreasonable furtherprogress. To the contrary, the plan cleqrly demonstrates that the emissions ofS02 andNOx are significantlyreduced. Therefore, the plan alone is a simple andself-evident analysis concerning otherNAAQS, specifically ozone (for which NOx is 

### a keyprecursor), 24-hr PM2.s (for which S0 2 is a keyprecursor), S0 2andN0 2

. EPD is notaware ofany instance where large reductions ofozone, PM 2.5 , S0 2 and NOx can result in the interference ofattainment ormaintenance ofanyNAAQS, including ozone, S0 2

, and N02.

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