UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 4 

ATLANTA FEDERAL CENTER 

61 FORSYTH STREET 

ATLANTA, GEORGIA 30303-8960

July 5, 2005 

4APT-APB 

Ms. Heather Abrams 

Air Protection Branch 

Georgia Environmental Protection Division 

4244 International Parkway, Suite 120 

Atlanta, Georgia 30354 

Dear Ms. Abrams: 

Thank you for your letter dated April 19, 2005, concerning the Southwire Company 

(Southwire) manufacturing complex in Carrollton, Georgia. You asked for the opinion of the 

U.S. Environmental Protection Agency (EPA) on two applicability questions, one concerning the 

applicability of prevention of significant deterioration (PSD) requirements and the other on the 

applicability of section 112(g) case-by-case maximum achievable control technology 

requirements. This letter provides an opinion on PSD applicability. We will send a separate 

letter on section 112(g) applicability. 

Southwire operates different production areas at the Carrollton complex, three of which 

are the Building Wire Plant, the Utility Products Plant, and the Southwire Machine Services 

facility. We understand that Southwire submitted permit applications for changes at these three 

production areas over a relatively short period of time. We further understand that Southwire 

accepted the conclusion of the Georgia Environmental Protection Division (GEPD) that the total 

emissions increases from the changes in aggregate should be used for PSD applicability 

purposes. 

To avoid PSD review, Southwire agreed to enforceable restrictions on emissions. Now 

that the changes have been implemented, Southwire requested reconsideration of the previous 

permitting action to allow splitting of the changes into separate projects. If viewed as separate 

projects, the previously accepted emissions restrictions would not be needed for PSD avoidance 

purposes. We understand that one result of allowing separation of the projects could be the 

removal of an air pollution control device installed by Southwire to help avoid PSD review. 

The Georgia Environmental Protection Division (GEPD) has asked EPA for an opinion 

on whether the Southwire changes can be disaggregated for PSD applicability purposes or 

whether they should be aggregated as one project. Our opinion is that GEPD could appropriately 

aggregate these activities into one project and that a change in the permit conditions should not 

be granted. We provide the basis for our opinion in the remainder of this letter. 
2 

In support of its application to disaggregate the changes, Southwire wrote a letter dated 

April 15, 2005, that was attached to GEPD's request letter to EPA. Southwire describes the 

changes affecting building wire production and the changes affecting utility wire production as 

being separate projects Aundertaken as separate business decisions@ and Abased on independent 

economic justification.@ To help justify its view that such Aindependent@ changes should not be 

aggregated even though occurring at about the same time, Southwire cites an EPA memo dated 

June 13, 1989, entitled AGuidance on Limiting Potential to Emit in New Source Permitting.@ 

Specifically, Southwire cites Section V.B. of the memo, the heading of which is AGuidelines for 

determining when minor source construction permits are shams.@

As evident from the heading, the purpose of Section V.B. is to help identify Asham@

permitting, that is, an improper avoidance of major new source review (NSR) such as PSD 

review. EPA did not address the concept of changes that can be considered independent based 

on the business decisions of the source owner. In our view, therefore, the June 1989 memo does 

not support a position that changes occurring close in time at the Southwire complex can be 

divided into independent projects for PSD applicability purposes. 

Without more conclusive information to indicate otherwise, we have no reason to believe 

that GEPD improperly aggregated Southwire's activities in its PSD applicability determination. 

We also discourage the practice of a source owner knowingly agreeing to emission reduction 

measures for the purpose of avoiding PSD review and then soon thereafter applying for 

discontinuation of these reduction measures. 

If you have any questions concerning the comments in this letter, please call Jim Little at 

(404) 562-9118. 

Sincerely, 

 /s/ 

Gregg M. Worley 

Chief 

Air Permits Section