Motor Vehicle Emission I/M ` O .C.G.A. 12-9 specified by the USEPA pursuant to 42 U.S .C. Section 7401, et seq ., as amended . (19) "Nitrogen oxides" means any of the various compounds which contain only nitrogen and oxygen . (20) "Nonattainment area" means a geographic area designated by the USEPA in the Code of Federal Regulations as an area which has not attained or maintained the NAAQS for ozone or carbon monoxide or both in accordance with the federal Clean Air Act, as amended. (21) "Owner" means the registered owner or the individual presenting the responsible motor vehicle for the emission inspection required under this article . (22) "Person" means any natural person or individual, corporation, partnership, association, state or federal government, political subdivision, agency, or instrumentality of the state or federal government or any other entity . (23) "Responsible motor vehicle" means any motor vehicle defined by the USEPA and published in the Code of Federal Regulations as a light duty vehicle or light duty truck, excluding any motor vehicle exempted from this article by the rules and regulations promulgated pursuant to this article; provided, however, that no such exemption shall be granted to a motor vehicle unless such exemption is in accordance with the federal Clean Air Act, as amended . (24) "USEPA" means the United States Environmental Protection Agency. 12-9-44. Uniformity and scope of application of article . This article shall operate uniformly throughout the state . The provisions and requirements of this article shall apply in each county or any portion of a county which has been designated by the USEPA in the Code of Federal Regulations as a county or area included within a nonattainment area and which the board designates, through regulation, as a county or area where the excess levels of ozone or carbon monoxide or both are directly related to emissions of hydrocarbons, nitrogen oxides, or carbon monoxide from responsible motor vehicles registered in such county or area. This article shall continue to apply in each such county or portion of a county so designated until the USEPA removes such county or area from the Code of Federal Regulations as a nonattainment area and approves an air quality 6 Amended February 28, 2002Motor Vehicle Emission I/M Act ""` "~"- O .C.G.A. 12-9 implementation plan which allows the state to maintain the NAAQS in such county without a vehicle inspection program . 12-9-45 . Certificate of emission inspection. (a) In each county to which this article applies, there is required a valid certificate of emission inspection issued by an emission inspection station certified under this article for each responsible motor vehicle registered pursuant to or subject to the requirements of Chapter 2 of Title 40 in such county. A valid certificate of emission inspection is also required for each responsible motor vehicle owned by any federal agency, state agency, municipality, or other political subdivision registered pursuant to Code Section 40-2-34 or 40-2-35, whichever is applicable, and assigned for use to any federal agency, state agency, municipality, or other political subdivision located in such county and for each responsible motor vehicle which is operated 60 days or more in any calendar year on a federal installation located in whole or in part in any such county . (b) A certificate of emission inspection shall be valid for one inspection term . The owner of each responsible motor vehicle subject to subsection (a) of this Code section is required to obtain a newcertificate of emission inspection on or before the date the current certificate of emission inspection expires or prior to the vehicle registration date in the year following the expiration of the certificate, as determined by the board . (c) Such certificate of emission inspection must certify that : (1) An inspection of exhaust emissions of hydrocarbons, nitrogen oxides, and carbon monoxide and evaporative emissions of hydrocarbons, as required by Code Section 12-9-48, has been performed; (2) The responsible motor vehicle complies, as required by Code Section 12-9-48, with applicable emission standards or emission limitations for hydrocarbons, nitrogen oxides, and carbon monoxide specified for such vehicle by the board pursuant to Code Section 12-9-46; (3) An inspection, as required by Code Section 12-9-48, of emission control equipment which was required to be installed on such motor vehicle when new by the federal Clean Air Act and is required to be inspected by the board in the regulations promulgated pursuant to this article has been performed and that such AmendedFebruary 28, 2002Motor Vehicle Emission 1/N` t O .C.G .A. 12-9 equipment is present and has been maintained as required by Code Section 12-9-48; and (4) An inspection, as required by Code Section 12-9-48, of on-board diagnostic equipment which was required to be installed on such motor vehicle when new by the federal Clean Air Act and is required to be inspected by the board in the regulations promulgated pursuant to this article has been performed, as required by Code Section 12-9-48 . (d) In any county or area not designated by the USEPA as a nonattainment area as of November 1, 1990, which is subsequently designated by the board as a nonattainment area subject to this article, the department shall have 12 months from the date such designation occurs to establish a program for emission inspection of responsible motor vehicles in such county or area; provided, however, that for purposes of this article, the earliest date such county or area shall be considered as having been designated as a nonattainment area shall be July 1, 1992. Notwithstanding the provisions of subsection (a) of this Code section, in such counties or areas a certificate of emission inspection shall not be required during this initial 12 month period . Following such initial 12 month period, owners of responsible motor vehicles in such counties or areas shall obtain a valid certificate of emission inspection no later than the date established by the board . (e) In each county or area subject to this article on July 1, 1992, owners of responsible motor vehicles shall obtain a valid certificate of emission inspection issued pursuant to this article not later than June 30, 1993 . (f) The requirements of paragraphs (1) through (4) of subsection (c) of this Code section shall remain in effect in each county or area either during such time as such county or any part of the county continues to be designated by the USEPA pursuant to the federal Clean Air Act as a nonattainment area or during such time as the emission program for each such county is contained in the state's air quality maintenance plan. (g) Notwithstanding the other provisions of this Code section, the requirements of this article shall not apply to vehicles registered as specified in subsection (a) of this Code section where the owner of such vehicle certifies, under oath and subject to the monetary penalty provided in Code Section 16-10-71 upon conviction for false swearing therein, which certification may be made either by mail and 8 Amended February 28, 2002Motor Vehicle Emission I/M Act - --"' O .C.G.A. 12-9 accompanied by a photocopy of the person's military identification card or in person, that : (1) Such vehicle is so registered by a Georgia resident on active duty in the armed services of the United States then residing outside the State of Georgia; (2) At the time the provisions of this article are being or are sought to be enforced with respect to such vehicle, the owner's domicile or, if such vehicle is primarily used in connection with some established business enterprise, such established business enterprise is not located in any county wherein any responsible motor vehicle is subject to the requirements of this article; or (3) Such vehicle is or will be, during the inspection term for which the provisions of this article are being or are sought to be enforced with respect to such motor vehicle, permanently assigned or let for use to a person not domiciled or an established business enterprise not located in any county wherein any responsible motor vehicle is subject to the requirements of this article . The director shall provide the forms for any such certification . (h) Vehicles that are driven less than 5,000 miles per year and are 10 years old or older will be exempted from testing provided that the owner of such vehicle is 65 years old or older . (i) Antique and collector cars and trucks 25 years old or older will be exempted from testing . 12-9-46 . Powers and duties of board; designation of

commissioner or director as board's agent . (a) The board shall have the following powers and duties under this article : (1) To adopt criteria to establish whether emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles in each county or area within a nonattainment area are directly related to excess levels of ozone or carbon monoxide or both in such county or area; provided, however, that such criteria shall in no event be more stringent than the criteria established by the USEPA pursuant to the federal Clean Air Act ;

AmendedFebruary 28, 2002Motor Vehicle Emission 1/N t O.C.G.A. 12-9 (2) To designate each county or area within a nonattainment area which meets the criteria established pursuant to paragraph (1) of this subsection; (3) To prescribe by rule or regulation emission standards or emission limitations limiting the amounts of allowable exhaust emissions of hydrocarbons, nitrogen oxides, and carbon monoxide and evaporative emissions of hydrocarbons from responsible motor vehicles as defined in this article . Such standards may specify the amount of allowable emissions by part per million, percentage of total volume or weight of emissions, or such other method as the board selects . In no event shall the emission limitations be stricter than those required by the USEPA pursuant to the federal Clean Air Act, as amended, for the particular vehicle to which such limitations apply . Such emission limitations and emission standards may distinguish between model years, engine types and sizes, trucks and passenger vehicles, or weights of vehicles and may be applicable to groups of vehicles classed according to any such distinctions . Such emission limitations shall be technically feasible . The board may provide by rule or regulation for the method of application of such standards to vehicles with engines of a model year different from the vehicle model year ; (4) To prescribe by rule or regulation equipment standards, requirements, or specifications for any inspection equipment used to test, measure, inspect for, or determine compliance by a responsible motor vehicle or any responsible motor vehicle equipment with the standards, limitations, or other requirements established by or under the authority of this article ; (5) To prescribe by rule or regulation standards and qualifications for mechanic inspectors licensed to operate inspection equipment to inspect responsible motor vehicles or responsible motor vehicle equipment for compliance with standards, limitations, or other requirements established by or pursuant to this article; (6) To prescribe by rule or regulation operating techniques, specifications, procedures, requirements for records maintenance, criteria, and other requirements applicable to emission inspection stations authorized to inspect responsible motor vehicles or responsible motor vehicle equipment for compliance with the standards, limitations, or other 10 Amended February 28, 2002Motor Vehicle Emission I/MAct O .C.G.A. 12-9 requirements established by or pursuant to this article ; (7) To prescribe by rule or regulation requirements for record keeping and reporting, including, but not limited to, monitoring, surveys, inventories, inspections, reinspections, the results thereof, certification and licensing of mechanic inspectors, certification of emission inspection stations, and certificates of emission inspection issued; (8) To prescribe by rule or regulation for the exemption of certain motor vehicles or model years from the requirements of this article; provided, however, that no exemption shall be granted to a motor vehicle unless such exemption is in accordance with the federal Clean Air Act, as amended; (9) To prescribe by rule or regulation fees to be charged by emission inspection stations for the performance of emission inspections ; provided, however, that such fee shall be no less than $10 .00 and no more than $25 .00 per inspection and shall be based on the cost of performing such inspection in an adequate and proper manner including, without limitation, the cost of equipment, testing, labor, training, record keeping, reporting, and other overhead expenses ; (10) To prescribe by rule or regulation for an inspection term for required emission inspections of responsible motor vehicles . Such term shall either be annual or biennial as required to meet minimum requirements of the federal Clean Air Act and regulations of the USEPA promulgated pursuant to such act ; (11) To prescribe by rule or regulation an administrative fee to be collected by the director from each emission inspection station in a manner determined by the board by rule or regulation to cover the cost of required and adequate oversight to confirm that inspections are being done in a proper and adequate manner, including, without limitation, the operation and maintenance o£ a data system and network for emission inspection data and related information; the performance of audits and quality control and quality assurance for certified emission inspection stations and licensed inspectors ; the dissemination of information to individuals, corporations, governmental agencies, and any other entity regarding emission inspection requirements and related information; the issuance of waivers, exemptions, and extensions of the emission inspection 11 Amended February 28, 2002Motor Vehicle Emission I/M ` O .C.G.A. 12-9 requirement ; and any other requirements that the board determines are appropriate to implement, enforce, and ensure compliance with the requirements of this article and the rules and regulations promulgated pursuant to this article; provided, however, that $1 .00 of each such administrative fee shall be remitted to the county for each responsible motor vehicle that is registered in that county; and (12) To advise, consult, cooperate, and contract with other state agencies including, but not limited to, the Department of Public Safety, any political subdivision of the state, any designated organizations of elected officials within the state, or any other person as necessary to implement and adequately enforce and ensure compliance with any requirement created, provided, prescribed, or established by the board pursuant to this article . (b) With respect to the powers vested in the board pursuant to this Code section, the board may designate the commissioner or the director as its agent in exercising the powers so vested . (c) The director shall have the following powers and duties : (1) To exercise general supervision over the administration and enforcement of this article and all rules and regulations and orders promulgated under this article; (2) To issue certificates and licenses and to deny, suspend, or revoke certificates and licenses ; (3) To issue all orders and processes as may be necessary to enforce compliance with provisions of this article and all rules and regulations promulgated under this article, and to seek collection of all penalties imposed pursuant to this article; (4) To conduct such public hearings as are deemed necessary for the proper administration of this article ; (5) To make investigations, analyses, and inspections to determine and ensure compliance with this article, rules and regulations promulgated pursuant to this article, and any orders which the director may issue; (6) To institute and prosecute such administrative and court actions as may be necessary to enforce 12 Amended February 28, 2002Motor Vehicle Emission I/MAct O .C.G.A. 12-9 compliance with any provisions of this article and any rules and regulations promulgated under this article; (7) To exercise all incidental powers necessary to carry out the purposes of this article; and (8) To encourage voluntary cooperation by persons and affected groups to achieve the purposes of this article . 12-9-47 . Further powers and duties of board; designation of

department personnel as board's agents . (a) The board shall have and may exercise the following powers and duties under this article : (1) To prescribe by rule or regulation standards, requirements, or procedures to ensure the uniform operation of official emission inspection stations in a sufficient number, at such locations, and in a manner satisfactory to the board and in conformance with all standards, requirements, and specifications prescribed for such inspection stations, procedures, personnel, and equipment by the board pursuant to this article; (2) To prescribe by rule or regulation procedures for licensing mechanic inspectors under this article ; (3) To prescribe by rule or regulation procedures for certification of authorized emission inspection stations which shall be certified by the department to inspect responsible motor vehicle emissions, responsible motor vehicle emission control equipment, and on-board diagnostic equipment for compliance with the requirements of this article; (4) To prescribe by rule or regulation forms, applications, certificates, licenses, or other documentation which may be required by the department to administer and implement this article ; (5) To prescribe by rule or regulation procedures, standards, and methods for inspecting emission inspection stations or other establishments to enforce and ensure compliance with the requirements of this article; (6) To prescribe by rule or regulation procedures or methods of scheduling responsible motor vehicles for emission inspection during any inspection term ; and 13 AmendedFebruary 28, 2002Motor Vehicle Emission IN t O .C.G.A. 12-9 (7) To prescribe by rule or regulation procedures for identifying, through the use of remote sensing technology or other means, vehicles which are producing excessive exhaust emissions at times other than their regularly scheduled inspection. The board may require that any such vehicle undergo an official emission inspection as prescribed by subsection (a) of Code Section 12-9-48, whether or not such vehicle is covered by a valid certificate of emission inspection . The board may prescribe that the owner of any such vehicle which fails to pass such inspection perform repairs and pass a reinspection in the same manner as provided by subsection (d) of Code Section 12-9-48 . (b) With respect to the powers vested in the board pursuant to subsection (a) of this Code section, the board may designate personnel of the department as the board's agents in exercising the powers so vested . 12-9-48. Requirement of certificate of emission inspection;

standards for issuance; inspectors, equipment, and procedures; notice of violation of emission standards ; reinspection after repairs ; inspection sticker ; new vehicles ; replacement stickers . (a) Each responsible motor vehicle subject to any requirement under Code Section 12-9-45 must receive a certificate of emission inspection once during any inspection term from an emission inspection station holding a valid certificate of authorization from the department . A certificate of emission inspection shall be issued for such a responsible motor vehicle if, upon inspection by a licensed mechanic inspector, the mechanic inspector determines, consistent with the terms of Code Section 12-9-45, with respect to such responsible motor vehicle : (1) That any emission control equipment required on such responsible motor vehicle when new by the federal Clean Air Act and required to be inspected by the regulations of the board promulgated pursuant to this article has been inspected and the mechanic inspector has determined that such equipment has not been rendered unserviceable by removal, alteration, lack of maintenance, or other interference with its operation unless such equipment was replaced with equivalent equipment which has been certified by the USEPA; (2) That an inspection and testing of the exhaust emissions of hydrocarbons, nitrogen oxides, and carbon

14 Amended February 28, 2002Motor Vehicle Emission I/MAct O .C.G.A. 12-9 monoxide from such responsible motor vehicle have been performed; (3) That an inspection and testing of evaporative emissions of hydrocarbons from such responsible motor vehicle have been performed; (4) That the exhaust emissions and evaporative emissions from the responsible motor vehicle do not exceed any applicable emission standard or emission limitation for allowable emissions of hydrocarbon, nitrogen oxides, or carbon monoxide prescribed by the board pursuant to this article; and (5) That any on-board diagnostic equipment required on such responsible motor vehicle when new by the federal Clean Air Act and required to be inspected pursuant to the regulations promulgated by the board has been inspected and the mechanic inspector has determined that such equipment meets the inspection criteria prescribed by the board. (b) Compliance with any applicable emission standards, emission limitations, standards for emission control equipment, or standards for on-board diagnostic equipment shall be determined by mechanic inspectors meeting qualifications ; using methods, techniques, and equipment ; under conditions ; and following inspection procedures prescribed by the board pursuant to this article. (c) If the inspection discloses any violation of any applicable emission standard, emission limitation, standard of emission control equipment, or standard for on-board diagnostic equipment, then the owner shall be notified, in writing, of the air pollutant which exceeds the allowable emissions and the degree of excess or the specific emission control equipment or on-board diagnostic equipment which i's in violation of the standard . (d) The owner shall have necessary maintenance and repairs performed on any responsible motor vehicle violating any applicable emission standard, emission limitation, standard for emission control equipment, or standard for on-board diagnostic equipment and return the responsible motor vehicle for reinspection at an emission inspection station within 30 days of the initial inspection. Such reinspection shall be at no charge to the owner . If, upon reinspection, such motor vehicle fails to meet the requirements of subsection (a) of this Code section, no certificate of emission inspection shall be issued unless the owner 15 Amended February 28, 2002Motor Vehicle Emission I/lv` 't O .C.G .A. 12-9 proves, by means of repair facility receipts or other written documents, that : (1) He or she has replaced any emission control equipment, exhaust system equipment, or on-board diagnostic equipment or part thereof which has been removed, physically damaged, or otherwise rendered inoperable ; (2) He or she has spent at least $450 .00 or such amount as the board establishes, consistent with the federal Clean Air Act, in the repair and maintenance of the responsible motor vehicle exhaust and evaporative, as applicable, emission control systems, on-board diagnostic equipment, or related equipment not covered by warranty since the initial inspection in the current inspection term ; provided, however, that the $450 .00 repair waiver authorized in this paragraph shall be increased annually by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for the calendar year 1989 . For purposes of this paragraph, the Consumer Price Index is the average of the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics of the United States Department of Labor, as of the close of the 12 month period ending the last day of August of each calendar year, and the :revision of the Consumer Price Index which is most consistent with the Consumer Price Index for 1989 shall be used; and (3) Such repairs and maintenance have produced a decrease in exhaust and evaporative emissions, as applicable, since the initial inspection . (e) The board may require each responsible motor vehicle to display an emission inspection sticker issued in conjunction with a certificate of emission inspection on the motor vehicle once it has been approved as meeting the requirements of this article . Any emission inspection sticker shall bear such information as shall be required by the director . The mechanic inspector shall remove from the vehicle being inspected any old emission inspection sticker when a new emission inspection sticker is issued . (f) All certificates of emission inspection shall be issued for the inspection term . (g) A new responsible motor vehicle otherwise required under Code Section 12-9-45 to have an inspection or certificate of inspection shall not be required to have either that 16 Amended February 28, 2002Motor Vehicle Emission I/MAct O.C.G.A. 12-9 inspection or certificate at the time of the initial retail sale or delivery of that vehicle, but the required emission inspection and certificate of inspection shall be obtained prior to the vehicle registration date in the calendar year two years after the vehicle's model year or at such other time as the board may establish by rule or regulation . (h) The board may establish methods by which the owner of a responsible motor vehicle who has lost the certificate of emission inspection required in any inspection term may have a duplicate certificate of emission inspection issued. These methods may include, but are not limited to, the following : (1) Any approved emission inspection station may issue said duplicate certification of emission inspection upon the owner's demonstrating to the mechanic inspector that the responsible motor vehicle has a current and valid inspection sticker affixed to its window

; (2) The director shall issue said duplicate certification of emission inspection upon the owner's demonstrating to the director that said vehicle had been inspected previously and bears a current and valid inspection sticker ; or (3) In the event a windshield bearing a valid emission inspection sticker is replaced, a new emission inspection sticker may be issued for such vehicle within 30 days after the replacement of the windshield without the necessity of reinspection if the owner of the vehicle executes an affidavit in a form furnished by the director stating that the windshield of his or her vehicle has been replaced and giving such other information as the director may require and pays to the inspection station a fee in an amount equal to the actual administrative cost of issuing such a sticker which shall be no less than the cost of the sticker plus the cost of computer access . The vehicle may be operated on the highways without an emission inspection sticker for 30 days after the replacement of the windshield if proof of the date of such replacement is carried in the vehicle . In all cases, the new emission inspection sticker or duplicate certificate of emission inspection shall be valid only for the remainder of the period for which the replaced emission inspection sticker or certificate of emission inspection was to be valid .

17 Amended February 28, 2002Motor Vehicle Emission I/T I O.C.G.A. 12-9

(i) The inspection provided for in subsection (a) of this Code section shall not require any alteration of any portion of the engine or equipping of the engine with any device for the sole purpose of facilitating the conduct of such test during the testing periods for 1997 and 1998 . 12-9-49. Application to conduct emission inspections ;

certificate of authorization . (a) Any garage or other establishment which desires to conduct emission inspections shall submit to the director an application for a certificate of authorization under this article. Applications shall be made upon a form designated by the director and shall contain such information as may be required by the director . (b) A certificate of authorization and certificate of emission inspection shall be issued only after the director has made a determination that the applicant's proposed inspection station will be properly equipped, has the necessary licensed mechanic inspectors to conduct inspections, and meets all other requirements of this article . (c) The board shall not in any manner limit the number, location, and types of authorized inspection stations certified to operate in any nonattainment area, county, or any portion of a county or area . In no event shall the board enter into any contract or into a series of contracts the effect of which will be the realization of centralized testing. (d) The director, prior to issuing a certificate of authorization, shall require proof that the applicant has either filed a bond or has obtained liability insurance in a form and amount satisfactory to the director to ensure compensation for any damage to a vehicle during an inspection or adjustment caused by negligence of the applicant or its agent . (e) With respect to any certificate of authorization issued to any emission inspection station licensed, authorized, or certified by the department to inspect responsible motor vehicle emissions, responsible motor vehicle emission control equipment, and on-board diagnostic equipment for compliance with the requirements of this article, the following shall apply : (1) The director shall ensure the operation of such official emission inspection stations of a number, at locations, and in a condition satisfactory to the director and in conformance with all standards, 18 AmendedFebruary 28, 2002Motor Vehicle Emission I/MAct O .C.G.A. 12-9 requirements, and specifications prescribed for such inspection stations, procedures, personnel, and equipment by the board pursuant to this article; and each official emission inspection station shall keep a record of inspections, reinspections, the results thereof, and certificates of inspection issued in a manner designated by the department and in conformance with any requirements for such records and reports prescribed by the board . All records required in this article to be maintained by an official emission inspection station shall be available for inspection at all reasonable times ; (2) Any official emission inspection station licensed, permitted, or established under this Code section shall be required to perform inspections on responsible motor vehicles in conformity with regulations or requirements established, prescribed, or promulgated by the board pursuant to this article . Such requirements shall ensure that uniform equipment is utilized and that emission inspections produce consistent results throughout affected areas of the state ; (3) A fee as provided in paragraphs (9) and (10) of subsection (a) of Code Section 12-9-46 shall be charged by each emission inspection station for performance of the emission inspection and inspection of emission control devices and on-board diagnostic equipment on responsible motor vehicles; (4) The director shall supervise and cause inspections to be made of the emission inspection stations, licensed, authorized, or certified pursuant to this article and shall ensure compliance with all applicable requirements of, under, or pursuant to this article relating to such inspections, inspection stations, and inspection personnel ; (5) No certificate of authorization for an emission inspection station shall be assigned or transferred or used in any location other than the one designated on such certificate ; and (6) Every certificate of authorization for an emission inspection station and mechanic inspector license shall be posted in a conspicuous place in the station. 12-9-50. Authority to inspect, monitor, or investigate

inspection stations . 19 Amended February 28, 2002Motor Vehicle Emission I/IVt 'ct O .C.G.A. 12-9 Any duly appointed agent of the director, including without limitation any person with whom the board has contracted pursuant to paragraph (12) of subsection (a) of Code Section 12-9-46, may enter private or public property at reasonable times and upon presentation of the agent's credentials to inspect, monitor, or investigate the operation of any emission inspection station or any establishment suspected of holding itself out as being an emission inspection station to determine whether such emission inspection station or establishment is in compliance with the requirements of this article; provided however, that nothing in this Code section shall prohibit other investigative techniques from being utilized by the director . 12-9-51 . Emission inspection required for motor vehicle

registration; operation without registration; improper reuse . (a) Beginning July 1, 1992, it shall be unlawful for any county to and no county shall register any responsible motor vehicle subject to any requirement under Code Section 12-9-45 pursuant to or subject to the requirements of Chapter 2 of Title 40 without proof of a valid certificate of emission inspection issued pursuant to Code Section 12-9-48 indicating that such responsible motor vehicle satisfied all applicable requirements of Code Section 12-9-45 and Code Section 12-9-48. In applying for a motor vehicle registration for a responsible motor vehicle subject to any requirement under Code Section 12-9-45, the application shall be accompanied by proof of the issuance of a certificate of emission inspection issued pursuant to Code Section 12-9-48 . Any county which registers any responsible motor vehicle without proof of a certificate of emission inspection shall be in violation of this article . (b) It shall be unlawful to and no person shall operate a responsible motor vehicle subject to any requirement under Code Section 12-9-45 on the roadways of this state without a valid registration issued in compliance with this article . Any person who operates a responsible motor vehicle subject to any requirement under Code Section 12-9-45 on the roadways of this state without a valid registration issued in compliance with this article shall be considered to be operating an unregistered motor vehicle . (c) The board may provide for a procedure to be implemented by each county to ensure that certificates of emission inspection are not improperly reused. 12-9-52 . Amendment, modification, revocation, or suspension of

certificate of authorization . 20 Amended February 28, 2002Motor Vehicle Emission I/M Act O .C.G.A.12-9 The director may amend, modify, revoke, or suspend any certificate of authorization issued to an emission inspection station or any license issued to a mechanic inspector for cause, including but not limited to: (1) Violating the provisions of this article concerning the inspection of any responsible motor vehicle; (2) A determination by the board that the number, location, or type of certified inspection stations or licensed mechanic inspectors needs to be limited to ensure effective implementation of this article or to comply with the requirements of the federal Clean Air Act, as amended; or (3) Receipt of a request for an amendment, modification, suspension, or revocation by the emission inspection station or mechanic inspector . 12-9-53 . Right of aggrieved or adversely affected person to

hearing . Review of a decision of the director under this article shall be in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act .' 12-9-54. Sale of vehicle . No person shall sell any motor vehicle which is intended for highway use if such vehicle is at the time of the sale a responsible motor vehicle required to have a certificate of emission inspection under Code Section 12-9-45, unless there appears on such vehicle an unexpired valid certificate of emission inspection issued pursuant to this article . Any person violating this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for a first offense, $500.00 for a second offense, and $1,000.00 for each subsequent offense . If, as a result of the sale of a responsible motor vehicle subject to any requirement under Code Section 12-9-45, such motor vehicle would not, if immediately registered by the purchaser as provided by law, be registered in a county in which the requirements of Code Section 12-9-45 are applicable, this Code section shall not apply. 12-9-55. Prohibited acts ; penalty; registration of vehicle by

county without proof of inspection . (a) (1) No person shall in any manner represent any place or

establishment as an official emission inspection 21 Amended February 28, 2002Motor Vehicle Emission I/? ct O .C.G.A. 12-9 station unless such station has been issued a valid certificate of authorization by the department . (2) No person shall issue a certificate of emission inspection for any responsible motor vehicle unless such person holds a valid certificate of authorization issued pursuant to this article and such vehicle has been inspected and approved by a licensed mechanic inspector as required by this article . (b) (1) No person shall make, issue, or knowingly use any

imitation or counterfeit of an official certificate of emission inspection. (2) No person shall possess, display, or cause or permit to be displayed upon any vehicle any emission inspection sticker knowing the same to be counterfeit or issued for another vehicle or issued without the required inspection and approval . (3) No person shall use for the purpose of proof under subsection (d) of Code Section 12-9-48 any receipt or document purporting to showcost of repair or maintenance or replacement of equipment unless such receipt or document accurately represents costs actually incurred by such person with respect to the responsible motor vehicle for which the certificate of emissions is sought . (c) It shall be unlawful for any person to operate or permit to be operated on any highway of this state a responsible motor vehicle registered in any county subject to this article pursuant to or subject to the requirements of Chapter 2 of Title 40, which is at the time of operation required to have a certificate of emission inspection under Code Section 12-9-45, without a valid certificate of emission inspection and emission inspection sticker, if required. If the owner of any motor vehicle who has been notified of the requirement of an emission inspection pursuant to paragraph (7) of subsection (a) of Code Section 12-9-47 fails to have the vehicle inspected within 30 days after receipt of such notice, such vehicle shall be in violation of this article and any certificate of emission inspection and any emission inspection sticker previously issued for such vehicle shall be deemed invalid . For purposes of this subsection, each day of operation or permission is a separate offense. (d) It shall be unlawful to register, or cause to be registered, a responsible motor vehicle in any county other than the county wherein such vehicle is required to be 22 Amended February 28, 2002Motor Vehicle Emission I/MAct - ""'"1 O.C.G.A. 12-9 registered by Chapter 2 of Title 40 for the purpose of avoiding any requirement of this article . Each day of continued unlawful registration shall be a separate offense . (e) With respect to any responsible motor vehicle subject to any requirement under this article, it shall be unlawful for the purpose of avoiding any requirement of this article to render unserviceable by removal, alteration, lack of maintenance, or other interference with its operation any emission control equipment or on-board diagnostic equipment required on such responsible motor vehicle when such vehicle was new by the federal Clean Air Act and required . by the regulations of the board promulgated pursuant to this article to be inspected and maintained. Each day of such unserviceability shall be a separate offense . f) Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50 .00 nor more than $1,000.00. (g) Any person violating any provision of this article, or rules or regulations under this article, or refusing to comply with any final order issued under this article shall be liable for a civil penalty of not more than $5,000 .00 per day; provided, however, that in no instance shall any person be both liable for a civil penalty under this subsection and subjected to a criminal prosecution pursuant to subsection (f) of this Code section. Upon a showing that a civil proceeding has been commenced to assess a civil penalty, a court to which a criminal citation for a violation of subsection (f) of this Code section has been presented shall stay the criminal proceeding until the civil penalty proceeding has been completed . If a civil penalty is assessed, the criminal proceeding shall be dismissed. (h) It shall be unlawful for any person to violate any provision of this article or any rule or regulation promulgated pursuant to this article . (i) If it is determined that any county has registered responsible motor vehicles without receiving proof from the owners that the responsible motor vehicles satisfy all applicable requirements of Code Section 12-9-45 and Code Section 12-9-48, the director shall notify the commissioner of transportation that such an unlawful act has occurred . Upon such notification, the State Transportation Board may at its discretion withhold Department of Transportation funding assistance from any such county . 23 Amended February 28, 2002Motor Vehicle Emission 1/M~t O .C.G.A. 12-9 

### 12-9-56. Rules and regulations . When duly promulgated and adopted, all rules and regulations issued pursuant to this article by the board shall have the force of law . 12-9-57 . Effect of federal Clean Air Act requirements ; repeal

of article . This article shall remain of force and effect only so long as the federal Clean Air Act, 42 U .S .C. Section 7401, et seq ., as amended, requires the State of Georgia to maintain and enforce the inspection plan and program provided for in this article in order to reduce the ambient air levels of ozone or carbon monoxide which exceed the levels specified by the National Ambient Air Quality Standards for such pollutants specified by the United States Environmental Protection Agency pursuant to said act . Upon the effective date of an amendment to the federal Clean Air Act which allows the State of Georgia to discontinue the maintenance and enforcement of the inspection program provided for in this article without the imposition of sanctions against the State of Georgia such as the loss of federal funds for sewage treatment plants, transportation projects, air quality improvement projects, a moratorium on development within any area of the state, or other substantial penalty, this article shall be repealed .

24 AmendedFebruary 28, 2002

### SIP SUBMITTAL CHECKLISTS FOR DNR BOARDADOPTIONS BEGINNING APRIL 2004THROUGHJUNE 2006 Administrative Materials for SIPSubmittal Dated: August 15, 2006

For Air Quality RulesAdoptedJune 2006

1 . Aformal letter of submittal fromthe Governor or his designee, requesting EPAapproval of the plan or revision thereof (hereafter "the plan") . The coverletter transmitting these proposedSIPrevisions is theformal letterof submission. 2 . Evidence that the State has adopted the plan :n the State code or body of regulations; or issued the permit, order, consent agreement (hereafter "document") in final form . That evidence shall include the date of adoption or final issuance as well as theeffective date of the plan, if different fromthe adoption/issuance date. Enclosed, as evidence that Georgia has adopted the rule amendments, is the Certification ofAdministrative Rules filedwith the Secretary ofState's office on July 13, 2006, for the Rules forAir Quality Control, Chapter 391-3-1 . 3 . Evidence that the State has the necessary legal authority under State law to adopt and implement the plan. Enclosed isa copy ofthe GeorgiaAir QualityAct, Article 1 : Air Quality (O .C .G.A. 12-9, et. seq.) containing the necessary legal authority under State law to adopt and implement the revisions. 4 . Acopy of the actual regulation, or document submitted for approval and incorporation by reference into the plan, including indication of the changes made to theexisting approved plan, where applicable. Thesubmittal shall be a copy ofthe official State regulation/ document signed, stamped, dated bytheappropriate Stateofficial indicating that it is fully enforceable by the State. Theeffective date of the regulation/document shall, whenever Enclosed is a copy of the revised Rules forAir Quality Control, Chapter391-3-1, effective oust 7, 2006, forapproval and incorporation into the plan. possible, be indicated in the document itself.

5 . Evidence that the Statefollowed all of the procedural requirements of the State's laws. and Clzonstitution in conducting and completing the adoption/issuance ofthe plan and compilation of public comments and the State's response thereto.

### Enclosed, as evidence that Georgia followed the procedural requirements in adopting this

SIPrevision, is the memorandum to the Boardof NaturalResources datedJune 16, 2006 . Itincludes the memorandum to Carol CouchdatedMay30, 2006, addressing the comments receivedduring the public commentperiod and in thepublichearing conducted on May 19, 2006

. 6 . Evidence that public notice was given of the proposed change consistent with procedures approved by EPA, including the date of publication of such notice. and Certification that public hearings(s) were held in accordance with the information provided in the public notice and theState's laws and constitution, if applicable. Enclosedarecopies ofthe Notice of Public Hearing and the Certificate ofPublic Hearing and RuleAdoption for the May 19, 2006public hearing . Administrative Materials for SIPsubmittal dated: August 15, 2006

ForAir Quality Rules Adopted June 2006

### Technical Support for SIPSubmittal dated: August 15, 2006 For Alr Quality RulesAdopted June 2006 1 . Identification of all regulated pollutants affected by the plan. The proposed SIPrevisions coverall regulatedpollutants. 2 . Identification ofthe locations of affected sources including the EPAattainment/nonattainment designation of the locations and thestatus of the attainment plan for the affected areas(s) . The Rules forAir Quality Control areapplicable statewide unless specified otherwise. 3 . Quantification of the changes in plan allowable emissions fromtheaffected sources; estimates of changes in current actual emissions fromaffected sources or, where appropriate, quantification of changes in actual emissions fromaffected sources through calculations of thedifferences between certain baseline levels and allowable emissions anticipated as a result ofthe revision. Notapplicable. 4 . The State's demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implemented. Forall requests to redesignate an areato attainmentfor a national primary ambient air quality standard, undersection 107of theAct, a revision must be submitted to provide for the maintenanceofthe national primary ambient air quality standards for at least 10years as required by section 175Aof theAct. The NAAQS, PSDincrements, RFPdemonstration andvisibility will be protected ifthese SIPrevisions are approvedand implemented . 5 . Modeling information required to support the proposed revision, including input data, output data, models used, justification of model selections, ambient monitoring data used, meteorological data used,justificationfor useof offsite data (where used), modes of models used, assumptions, and other information relevant to the determination of adequacy ofthe modeling analysis. Not applicable. 6 . Evidence, where necessary, that emission limitations are based on continuous emission reduction technology. Where necessary, the rules adopteu rc-quiring emission limitations are based on continuous emission reduction teciir:crug ;~. 7. Evidence that the plan contains emission limitations, work practice standards and recordkeeping/reporting requirements, -,,where necessary, to ensure emission levels. Where necessary, the regulations coi 3tai .n specific emission limitations, workpractice standards, and record keepingand reporting requirements to ensure compliance with SIP requirements.

### 8

. Compliance/enforcement strategies, including how compliance will be determined in practice. Enforcementwill be carried out as described in the State/EPAEnforcementAgreement. 9 . Special economic and technologicaljustifications required by anyapplicable EPApolicies, or an explanation of whysuchjustifications are not necessary. Nospecial economic or technologicaljustifications arerequired for this proposed SIP revision. Technical Supportfor SIP Submittal dated: August 15,2006 For Air Quality Rules AdoptedJune 2006

### Administrative Materials for SIPsubmittal dated: August 15, 2006 For Air Quality RulesAdopted May 2006

1 . Aformal letter of submittal fromthe Governor or his designee, requesting EPAapproval of the plan or revision thereof (hereafter "the plan") . Thecover letter transmitting these proposed SIPrevisions is the formal letter of submission

. 2 . Evidence that the State has adopted the plan in the State code or body of regulations; or issued the permit, order, consent agreement (hereafter "document") in final form . That evidence shall includethedate of adoption or final issuance as well as the effective date of the plan, if different fromthe adoption/issuance date. Enclosed, as evidence that Georgia has adopted the rule amendments, is the Certification ofAdministrative Rules filed with the Secretary ofState's office onJune 23, 2006,forthe Rules forAir Quality Control, Chapter 391-3-1 . 3 . Evidence that the State has the necessary legal authority under State law to adopt and Enclosedis a copy ofthe GeorgiaAir QualityAct, Article 1 : Air Quality (O .C .G .A. 12-9, et. seq .) containing the necessary legal authority under State law to adoptand implement the revisions. 4 . Acopy of the actual regulation, or document submitted for approval and incorporation by reference into the plan, including indication of the changes made to the existing approved plan, whereapplicable. Thesubmittal shall be a copy of the official State regulation/ document signed, stamped, dated by the appropriate Stateofficial indicating that it is fully enforceable by the State. Theeffective date of the regulation/document shall, whenever possible, be indicated in the document itself. implement the plan.

Enclosed is a copy ofthe revised Rules forAir Quality Control, Chapter 391-3-1, effective July 13, 2006, for approval and incorporation into theplan. 5 . Evidence that the Statefollowed all of the procedural requirements of the State's laws. and Constitution in conducting and completing the adoption/issuance ofthe plan and compilation of public comments and theState's response thereto. Enclosed, as evidence that Georgia followed the procedural requirements in adopting this SIPrevision, is the memorandumto the Board of Natural Resources dated March 17, 2006 . It includes the memorandumto Carol Couch dated March 8, 2006, addressing the comments received during the public comment period and in the public hearing conducted w 

### on March2, 2006

.

### 6

. Evidence that public notice was given ofthe proposed change consistent with procedures approved by EPA, including the date of publication of such notice. and Certification that public hearings(s) were held in accordance with the information provided in the public notice and theState's laws and constitution, if applicable. Enclosed arecopies ofthe Notice of Public Hearingand the Certificate of Public Hearing and Rule Adoption forthe March2, 2006public hearing.

Administrative Materials for SIPsubmittal dated: August 15, 2006

For Air Ouality Rules Adopted May 2006

### Technical Support for SIPSubmittal dated: August 15, 2006 For Air Quality RulesAdopted May 2006 1 . Identification of all regulated pollutants affected by the plan. The proposed SIPrevisions cover all regulatedpollutants. 2 . Identification of the locations of affected sources including the EPAattainment/nonattainment designation of the locations and the status of the attainment plan for the affected areas(s) . The Rules forAir Quality Controlareapplicable statewide unless specified otherwise . 3 . Quantification of the changes in plan allowable emissions fromthe affected sources; estimates of changes in current actual emissions fromaffected sources or, where appropriate, quantification of changes in actual emissions fromaffected sources through calculations of thedifferences between certain baseline levels and allowable emissions anticipated as a result of the revision. Not applicable. 4 . TheState's demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implemented. Forall requests to redesignate an area to attainment for a national primary ambient air quality standard, undersection 107of theAct, a revision must be submitted to providefor the maintenance ofthe national primary ambientair quality standards for at least 10years as required by section 175Aof theAct. The NAAQS, PSDincrements, RFPdemonstration andvisibility will be protected ifthese SIPrevisions areapproved and implemented . 5 . Modeling information required to support the proposed revision, including input data, output data, models used, justification of model selections, ambient monitoring data used, meteorological data used, justificationfor use of offsite data (where used), modes of models used, assumptions, and other information relevant to the determination of adequacy of the modeling analysis. Not applicable. 6 . Evidence, where necessary, that emission limitations are based on continuous emission reduction technology. Where necessary, the rules adopted requiring emission limitations are basedon continuous emission reduction technology. 7. Evidence that the plan contains emission limitations, work practice standards and recordkeepinglreporting requirements, where necessary, to ensure emission levels. stcind>-:ds, and record keepingand reporting requirements to ensure compliance with SIP re-~>_, :~--ments. W"are necessary the regulations containspecific emission limitations, work practice

### 8

. Compliance/enforcement strategies, including how compliance will be determined in practice. Enforcementwill be carried out as described in the State/EPA EnforcementAgreement. 9 . Special economic and technologicaljustifications required by anyapplicable EPApolicies, or an explanation of whysuchjustifications are not necessary . No special economic or technologicaljustificationsare required for this proposed SIP revision. Technical Support for SIP Submittal dated: August 15, 2006 For Air Quality Rules Adopted May2006

### Administrative Materials for SIP submittal dated: August 15, 2006 ForAir Quality Rules and the Procedures for Testing and Monitoring Adopted March 2006

1 . Aformal letter of submittal fromtheGovernor or his designee, requesting EPAapproval of the plan or revision thereof (hereafter "the plan") . Thecoverletter transmitting these proposed SIPrevisions is the formal letter of submission. 2 . Evidence that the State has adopted the plan in the State code or body of regulations; or issued the permit, order, consent agreement (hereafter "document") in final form . That evidence shall include the date of adoption or final issuance as well as the effective date of the plan, if different fromthe adoption/issuance date. Enclosed, as evidence that Georgia has adopted the rule amendments, is theCertification ofAdministrative Rules filedwith the Secretary ofState's office on March 29, 2006,for the RulesforAir Quality Control, Chapter 39i-3-i and the Procedures for Testing and 

### Monitoring. 3 . Evidence that the State has the necessary legal authority under State law to adopt and implementthe plan. Enclosed is a copy ofthe GeorgiaAir QualityAct, Article i : Air Quality (O .C .G.A. i2-9, et. seq.) containing the necessarylegalauthority under State law to adopt and implement the revisions. 4 . Acopy of the actual regulation, or document submitted for approval and incorporation by reference into the plan, including indication ofthechanges made to theexisting approved plan, whereapplicable. Thesubmittal shall be a copy of theofficial State regulation/ document signed, stamped, dated by theappropriate Stateofficial indicating that it is fully enforceable by the State. Theeffective date of the regulation/document shall, whenever possible, be indicated in the document itself. Enclosed is a copy ofthe revised Rules forAirQuality Control, Chapter 391-3-i and the Procedures for Testing and Monitoring, effectiveApril 19, 2006, for approvaland incorporation into theplan. 5 . Evidence that the Statefollowed all of the procedural requirements ~~ ."iz State's laws. and Constitution in conducting andcompleting the adoption/issuance plan and compilation of public comments and theState's response thereto. Enclosed, as evidence that Georgia followed the procedural requirements in adopting this SIPrevision, is the memorandumto the Board ofNatural Resources datedMarch 17, 2006 . !tincludes the memorandum to Carol Couchdated March8, 2-0?6, addressing the comments received during the public commentperiod and in thepubi$c hearing conducted on March2, 2006

.

### 6

. Evidence that public notice was givenof the proposed change consistent with procedures approved by EPA, including the date of publication of such notice. and Certification that public hearings(s) were held in accordance with the information provided in the public notice and the State's laws and constitution, if applicable. Enclosed are copies of the Notice of Public Hearingand the Certificate of Public Hearing and rule adoption for the March 2, 2006public hearing . Administrative Materials for SIPsubmittal dated: August 15, 2006

For Air Quality Rules Adopted March 2006

### Technical Support for SIP Submittal dated: August 15, 2006 ForAir Quality RulesAdopted March 2006 1 . Identification of all regulated pollutants affected bythe plan. TheproposedSIPrevisions coverallregulated pollutants. 2 . Identification of the locations of affected sources including the EPAattainment/nonattainment designation ofthe locations and the status of the attainment plan for the affected areas(s) . The Rules forAir Quality Control and the Procedures forTesting and Monitoringare applicable statewide unless specified otherwise . 3. Quantification of the changes in plan allowable emissions fromthe affected sources; estimates of changes in current actual emissions fromaffected sourcesor,where appropriate, quantification of changes in actual emissions fromaffected sources through calculations of thedifferences between certain baseline levels and allowable emissions anticipated as a result of the revision. Not applicable. 4 . The State's demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implemented. For all requests to redesignate an area to attainment for a national primary ambient air quality standard, undersection 107of theAct, a revision must be submitted to providefor the maintenanceof the national primary ambient air quality standards for at least 10years as required by section 175Aof theAct. The NAAQS, PSDincrements, RFPdemonstration andvisibility will beprotected ifthese SIPrevisions are approved andimplemented . 5 . Modeling information required to support the proposed revision, including input data, output data, models used, justification of model selections, ambient monitoring data used, meteorological data used, justificationfor useof offsite data (where used), modesof models used, assumptions, and other information relevant to the determination of adequacy of the modeling analysis. Not applicabla

.. 6 . Evidence, where necessary, that emission limitations are based on cortin:lo! .is emission reduction technology. Where necessary, the rules adopted requiring emission limitations are basa_. . . continuous emission reduction technology. 7. Evidence thatthe plan contains emission limitations, work practice standar&- and recordkeeping/reporting requirements, where necessary, to ensure emissio: ; :-~vels.

### Where necessary, the regulations containspecific emission limitations, workpractice

standards, and record keepingand reporting requirements to ensure compliance with SIP requirements. 8 . Compliance/enforcement strategies, including how compliance will be determined in practice. Enforcementwill be carried outas describedin the State/EPA EnforcementAgreement. 9 . Special economic and technologicaljustifications required by anyapplicable EPApolicies, or an explanation of whysuch justifications are not necessary . Nospecial economicor technologicaljustifications are required for this proposed SIP revision. Technical Supportfor SIPSubmittal dated: August 15, 2006 For Air Quality RulesAdopted March 2006

### Administrative Materials for SIP submittal dated: August 15, 2006 For Air Quality RulesAdopted July 2005

1 . Aformal letter of submittal fromtheGovernor or his designee, requesting EPAapproval of the plan or revision thereof (hereafter "the plan") . The coverletter transmitting these proposed SIPrevisions is theformal letterof submission. 2 . Evidence that the State has adopted the plan in the State code or body of regulations; or issued the permit, order, consent agreement (hereafter "document") in final form . That evidence shall include the date of adoption or final issuance as well as theeffective date of the plan, if different fromthe adoption/issuance date. Enclosed, as evidence that Georgia has adopted the rule amendments, is theCertification ofAdministrative Rules filedwith the SecretaryofState's office onJune 30, 2005,for the Rules forAir Quality Control, Chapter391-3-1. 3 . Evidencethat the State has the necessary legal authority under State law to adopt and Enclosed is a copy ofthe GeorgiaAir QualityAct, Article 1:Air Quality (O .C .G .A. 12-9, et. seq .) containing the necessarylegalauthority under State law to adopt and implement the revisions. 4 . Acopy of the actual regulation, or document submitted for approval and incorporation by reference into the plan, including indication of the changes made to the existing approved plan, whereapplicable. The submittal shall be a copy oftheofficial State regulation/ document signed, stamped, dated by the appropriate Stateofficial indicating that it is fully enforceable by the State. Theeffective date of the regulation/document shall, whenever Enclosed is a copy ofthe revised Rules forAir Quality Control, Chapter 391-3-1, effective July20, 2006, for approval and incorporation into the plan. 5 . Evidence that the Statefollowed all of the procedural requirements of theState's laws. and Constitution in conducting and completing the adoption/issuance of the plan and compilation of public comments and theState's response thereto. implement the plan.

possible, be indicated in the document itself.

Enclosed, as evidence that Georgia followed the procedural requirements in adopting this SIPrevision, is the memorandumto the Boardof NaturalResources datedJune 29, 2005 . It includes the memorandum to Ron Methierdated May 16, 2006, addressing the comments received during the public commentperiod and in the public hearing conducted on April28, 2005

.

### 6

. Evidence that public notice was given of the proposed change consistent with procedures approved by EPA, including the date of publication of such notice. and Certification that public hearings(s) were held in accordance with the information provided in the public notice and theState's laws and constitution, if applicable. Enclosedarecopies ofthe Notice of Public Hearing and the Certificate ofPublic Hearing and RuleAdoption for theApril28, 2005public hearing . Administrative Materials for SIPsubmittal dated: August 15, 2006

For AirQuality Rules Adopted July 2005

### Technical Support for SIP Submittal dated: August 15, 2006 ForAir Quality RulesAdopted July 2005 1 . Identification of all regulated pollutants affected by the plan. The proposed SIPrevisions coverall regulatedpollutants. 2 . Identification of the locations of affected sources including the EPAattainment/nonattainment designation of the locations and thestatus oftheattainment plan for the affected areas(s) . The Rules forAir Quality Control areapplicable statewide unless specirred otherwise. 3 . Quantification of the changes in plan allowable emissions fromtheaffected sources; estimates of changes in current actual emissions fromaffected sources or,where appropriate, quantification of changes in actual emissions fromaffected sources through calculations of thedifferences between certain baseline levels and allowable emissions anticipated as a result of the revision. Notapplicable. 4 . TheState's demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implemented. Forall requests to redesignate an area to attainment for a national primary ambientair quality standard, under section 107 oftheAct, a revision must be submitted to providefor the maintenance ofthe national primary ambient air quality standards for at least 10years as required by section 175Aof theAct. The NAAQS, PSDincrements, RFPdemonstration andvisibility will be protected ifthese SIPrevisions areapproved and implemented . 5 . Modeling information required to support the proposed revision, including input data, output data, models used, justification of model selections, ambient monitoring data used, meteorological data used, justification for use of offsite data (where used), modes of models used, assumptions, and other information relevant to the determination of adequacy of the modeling analysis. Not applicablo

: 6 . Evidence, where necessary, that em`ss°.nn limitations are based on continuous emission reduction technology. Where necessary, the rules adopted reyi emission limitations are based on continuous emission reduction technology.

, 7. Evidence that the plan contains emission e! :7itations, work practice standards and recordkeeping/reporting requirements, where necessary, to ensure emission levels.

### Where necessary, the regulations containspecific emission limitations, workpractice

standards, and record keepingand reportingrequirements to ensure compliance with SIP requirements. 8. Compliance/enforcement strategies, including how compliance will be determined in practice. Enforcementwill be carried out as describedin the State/EPA EnforcementAgreement. 9. Special economic and technologicaljustifications required by anyapplicable EPApolicies, or an explanation of whysuchjustifications are not necessary. Nospecial economicortechnologicaljustifications are requiredfor this proposed SIP revision. Technical Supportfor SIPSubmittal dated: August 15, 2006 ForAirQuality RulesAdoptedJuly 2005

### Administrative Materials for SIPsubmittal dated August 15, 2006 For Rules forAir Quality Control and the Procedures for Testing and Monitoring Adopted December 2004 1 . Aformal letter of submittal fromthe Governor or his designee, requesting EPAapproval of the plan or revision thereof (hereafter "the plan") . Thecover lettertransmitting these proposed SIPrevisions is theformal letter of submission. 2. Evidence that the State has adopted the plan in the State code or body of regulations; or issued the permit, order, consent agreement (hereafter "document") in final form . That evidence shall include the date of adoption or final issuance as well as the effective date of the plan, if different fromthe adoption/issuance date. Enclosed, as evidence that Georgia has adopted the rule amendments, is the Certification ofAdministrative Rules filedwith the Secretary ofState's office on December 20, 2004, for the Rules forAir Quality Control, Chapter391-3-1, Rules for Enhanced Inspection and Maintenance, Chapter 391-3-20, and the Procedures for Testing and Monitoring. 3. Evidence that the State has the necessary legal authority under State law to adopt and Enclosed is a copy ofthe GeorgiaAir QualityAct, Article 1: Air QualityandArticle 2 : Inspection and Maintenance (O .C .G.A . 12-9, et. seq.) containing the necessarylegal authority under State law to adopt and implement the revisions. 4 . Acopy of the actual regulation, or document submitted for approval and incorporation by reference into the plan, including indication ofthechanges made to theexisting approved plan, whereapplicable. The submittal shall be a copy of theofficial State regulation/ document signed, stamped, dated by theappropriate Stateofficial indicating that it is fully enforceable by the State. The effective date of the regulation/document shall, whenever Enclosed is a copy ofthe revisions to RulesforAirQuality Control, the Rules for Enhanced Inspection and Maintenance and revisions to the Procedures for Testing and Monitoring, effectiveJanuary9, 2005, for approval and incorporation into the plan. 5 . Evidence that theStatefollowed all ofthe procedural requirements of the State's laws. and Constitution in conducting and completing the adoption/issuance of tne ~~~-~ ?nd compilation of public comments and the State's response thereto. implement the plan.

possible, be indicated in the document itself.

Enclosed, as evidence that Georgia followed the procedural requiremen:-a ::: adopting this SIPrevision, is the memorandumto the Board ofNatural Resources datecu November 23, 2004 . It includes the memorandumto Ron Methierdated November 23, 2004, addressing the comments receivedduring the public commentperiod and in the pubtr~, hearings conducted on October26, October28, and November 3, 2004 .

### 6

. Evidence that public notice was given of the proposed change consistent with procedures approved by EPA, including the date of publication of such notice. and Certification that public hearings(s) were held in accordance with the information provided in the public notice and theState's laws and constitution, if applicable. Enclosedare copies ofthe Notice of Public Hearingand the Certificate of Public Hearing and Rule Adoption for the November 3, 2004public hearing. Administrative Materials for SIP submittal dated: August 15, 2006

For Rules for Air Quality Control and the Procedures forTesting and Monitoring Adopted December 2004

### Technical Support for SIP Submittal dated: August 15, 2006 For Rules forAir Quality Control and the Proceduresfor Testing and Monitoring Adopted December 2004 1 . Identification of all regulated pollutants affected by the plan. Theproposed SIPrevisions coverallregulatedpollutants. 2 . Identification of the locations of affected sources including the EPAattainment/nonattainment designation ofthe locations and thestatus ofthe attainment plan for the affected areas(s) . The Rules forAir Quality Control are applicable statewide unlessspecified otherwise. 3. Quantification ofthechanges in plan allowable emissioris fromthe affected sources; estimates of changes in current actual emissions fromaffected sourcesor, where appropriate, quantification of changes in actual emissions fromaffected sources through calculations ofthe differences betweencertain baseline levels and allowable emissions anticipated as a result of the revision. Not applicable. 4 . The State's demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implemented. Forall requests to redesignate an area to attainment for a national primary ambient air quality standard, undersection 107 of theAct, a revision must be submitted to providefor the maintenanceof the national primary ambient air quality standards for at least 10years as required by section 175AoftheAct. The NAAQS, PSDincrements, RFPdemonstration andvisibility will be protected ifthese SIPrevisions areapproved andimplemented . 5 . Modeling information required to support the proposed revision, including input data, output data, models used, justification of model selections, ambient monitoring data used, meteorological data used, justification for use of offsite data (where used), modes of models used, assumptions, andother information relevant to the determination of adequacy ofIt.""modeling analysis. Not applicable. 6 . Evidence, *,here necessary, that emission limitations are based on continuous emission reduction technology. Where necessary, the rules adopted requiring emission limitations are basedon continuous emission reduction technology . 

### 7. Evidence that the plan contains emission limitations, work practice standards and recordkr<pir?g/reporting requirements, where necessary, to ensure emission levels.

### Where necessary, the regulations containspecific emission limitations, workpractice

standards, and record keepingand reportingrequirements to ensure compliance with SIP requirements. 8. Compliance/enforcement strategies, including how compliance will be determined in practice. Enforcement will be carried outas describedin the State/EPAEnforcementAgreement. 9. Special economic and technologicaljustifications required by anyapplicable EPApolicies, or an explanation of whysuch justifications are not necessary. Nospecial economic or technologicaljustifications are requiredfor this proposed SIP revision. Technical Supportfor SIPSubmittal dated: August 15, 2006 For Rules for AirQuality Control and the Procedures forTesting and Monitoring Adopted December 2004

### Administrative Materials for SIPsubmittal dated: August 15, 2006 For Rules forAir Quality Control Adopted June 2004

1 . Aformal letter of submittal fromthe Governor or his designee, requesting EPAapproval of the plan or revision thereof (hereafter "the plan") . Thecoverletter transmitting these proposed SIPrevisions is the formal letterof submission. 2 . Evidence thattheState has adopted the plan in theState code or body of regulations; or issued the permit, order, consent agreement (hereafter "document") in final form . That evidence shall include the date of adoption or final issuance as well as the effective date of the plan, if different fromthe adoption/issuance date. Enclosed, as evidence that Georgia has adopted the rule amendments, is theCertificaticn ofAdministrative Rules filedwith the Secretary ofState's office on March 7, 2006, for thE RulesforAir Quality Rules, Chapter391-3-1 . 3. Evidence that the State has the necessary legal authority under State law to adopt and implement the plan. Enclosed is a copy ofthe GeorgiaAir QualityAct, Article 1 : Air Quality (O .C .G .A . 12-9, et. seq .) containing the necessarylegal authority under State law to adoptand implement the revisions. 4 . Acopy of theactual regulation, or document submitted for approval and incorporation by reference into the plan, including indication ofthe changes made to the existing approved plan, whereapplicable. Thesubmittal shall be a copy oftheofficial State regulation/ document signed, stamped, dated by theappropriate Stateofficial indicating that it is fully enforceable by the State. Theeffective date of the regulation/document shall, whenever Enclosed is a copy of the revised Rules forAir Quality, Chapter 391-3-1, effective March 27, 2006, forapproval and incorporation into the plan. 5 . Evidence that the Statefollowed all of the procedural requirements of theState's laws. and Constitution in conducting and completing the adoption/issuance of the plan and compilation of public comments and the State's response thereto. possible, be indicated in thedocument itself.

Enclosed, as evidence that Georgia followed the procedural requirements in adopting this SIPrevision, is the memorandum to the BoardofNatural Resources datedJune 21, 2004. itincludes the memorandum to RonMethie'Pdated March 24, 2004, addressing the comments received during the public comment period and in the public hearing conducted on June 10, 2004

.

### 6

. Evidence that public notice was given of the proposed change consistent with procedures approved by EPA, including the date of publication of such notice. and Certification that public hearings(s) were held in accordance with the information provided in the public notice and the State's laws and constitution, if applicable. Enclosed arecopies ofthe Notice of Public Hearingand the Certificate of Public Hearing and Rule Adoption for theJune 10, 2004public hearing . Administrative Materials forSIPsubmittal dated: August 15, 2006 For RulesforAir Quality Control Adopted June 2004

### Technical Support for SIP Submittal dated: August 15, 2006 For Rules forAir Quality ControlAdopted June 2004 1 . Identification of all regulated pollutants affected by the plan. Theproposed SIPrevisions coveral! regulatedpollutants. 2. Identification of the locations of affected sources including the EPAattainment/nonattainment designation of the locations and the status oftheattainment plan for the affected areas(s) . The Rules forAir Quality Controlareapplicable statewide unless specified otherwise . 3 . Quantification of the changes in plan allowable emissions fromthe affected sources; estimates ofchanges in current actual emissions fromaffected sourcesor, where appropriate, quantification of changes in actual emissions fromaffected sources through calculations of thedifferences between certain baseline levels and allowable emissions anticipated as a result of the revision. Notapplicable. 4 . The State's demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implemented. Forall requests to redesignate an areato attainment for a national primary ambient air quality standard, under section 107of theAct, a revision must be submitted to providefor the maintenance ofthe national primary ambientair quality standards for at least 10 years as required by section 175Aof theAct. The NAAQS, PSDincrements, RFPdemonstration andvisibility will be protected ifthese SIPrevisions areapprovedand implemented . 5 . Modeling information required to support the proposed revision, including input data, output data, models used, justification of model selections, ambient monitoring data used, meteorological data used,justificationfor use of offsite data (where used), modes of models used, assumptions, and other information relevant to the determination of adequacy ofthe modeling analysis. Not applicablP

. 6 . Evidence, ,rherc

; necessary, that emission limitations are based on continuous -~ ~-,sion reduction technology. Where neces3ay, the rules adopted requiring emission limitations are based on continuous emission reduction technology. 7. Evidence that the plan contains emission limitations, work practice standards a;:u : recordkeeping;rpporting requirements, where necessary, to ensure emission IE~~~.

### Where necessary, the regulations containspecific emission limitations, workpractice

standards, and record keepingandreporting requirements to ensure compliance with SIP requirements. 8 . Compliance/enforcement strategies, including how compliance will be determined in practice. Enforcementwill be carried outas described in the State/EPA EnforcementAgreement. 9 . Special economic and technological justifications required by anyapplicable EPApolicies, or an explanation of whysuch justifications are not necessary. Nospecialeconomic ortechnologicaljustifications are required forthis proposed SIP revision. Technical SupportforSIPSubmittal dated: August 15, 2006 For RulesforAir Quality Control Adopted June 2004

### Administrative Materials for SIPsubmittal dated: August 15, 2006 For Rules for Air Quality ControlAdopted April 2004 1 . Aformal letter of submittal fromthe Governor or his designee, requesting EPAapproval of the plan or revision thereof (hereafter "the plan") . The coverletter transmitting these proposed SIPrevisions is theformal letter of submission. 2 . Evidence that the State has adopted the plan in the State code or body of regulations; or issued the permit, order, consent agreement (hereafter "document") in final form . That evidence shall include the date of adoption or final issuance as well as the effective date of the plan, if different fromthe adoption/issuance date. Enclosed, as evidence that Georgia has adopted the rule amendments, is theCertification ofAdministrative Rules filedwith the Secretary ofState's office on March 7, 2006, for the RulesforAir Quality Rules, Chapter 391-3-1 . 3. Evidence that the State has the necessary legal authority under State law to adopt and implement the plan. Enclosed is a copy ofthe GeorgiaAir QualityAct, Article 1: Air Quality (O .C .G .A . 12-9, et. seq .) containing the necessarylegal authority under State law to adopt and implement the revisions. 4 . Acopy of the actual regulation, or document submitted for approval and incorporation by reference into the plan, including indication ofthechanges made to theexisting approved plan, where applicable. The submittal shall be a copy of the official State regulation/ document signed, stamped, dated by theappropriate Stateofficial indicating that it is fully enforceable by the State. Theeffective date of the regulation/document shall, whenever Enclosed is a copy ofthe revised Rules forAirQuality, Chapter391-3-1, effective March 27, 2006, forapproval andincorporation into the plan. 5 . Evidence thattheStatefollowed all ofthe procedural requirements of the State's laws. and Constitution i.n-conducting and completing the adoption/issuance of the plan and compilation of public comments and theState's response thereto. possible, be indicated in the document itself.

Enclosed, as evidence that Georgia followed the procedural requirements in aoopting this SIPrevision, is the memorandumto the Boardof Natural Resources dated.'_.: 19, 2004. Itincludes the memorandumto Ron Methierdated March?a, 2004, addre :,:- : ~~ 'he comments received during the public comment period and in the public hear;r, :;onducted on March 18, 2004.

### 6

. Evidence that public notice wasgivenof the proposed change consistent with procedures approved by EPA, including the date of publicationofsuch notice. and Certification that public hearings(s) were held in accordance with the information provided in the public notice and the State's laws and constitution, if applicable. Enclosed arecopies ofthe Notice of Public Hearingand the Certificate of Public Hearing and Rule Adoption forthe March 18, 2004public hearing . Administrative Materials forSIPsubmittal dated: August 15, 2006 For Rules forAir Quality Control AdoptedApril 2004

### Technical Support for SIP Submittal dated: August 15, 2006 For Rules for Air Quality ControlAdoptedApril 2004 1 . Identification of ail regulated pollutants affected bythe plan. The proposed SIPrevisions coverall regulatedpollutants. 2 . Identification of the locations of affected sources including the EPAattainment/nonattainment designation of the locations and the status of the attainment plan for the affected areas(s) . The RulesforAir Quality Controlareapplicable statewide unless specified otherwise. 3. Quantification of the changes in plan allowable emissions fromthe affected sources; estimates of changes in current actual emissions fromaffected sourcesor, where appropriate, quantification of changes in actual emissions fromaffected sources through calculations of thedifferences between certain baseline levels andallowable emissions anticipated as a result of the revision. Not applicable. 4 . The State's demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implemented. Forall requests to redesignate an area to attainment for a national primary ambient air quality standard, undersection 107of theAct, a revision must be submitted to providefor the maintenance ofthe national primary ambientair quality standards for at least 10years as required by section 175Aof theAct. The NAAQS, PSDincrements, RFPdemonstration andvisibility will be protectedifthese SIPrevisions areapprovedand implemented . 5 . Modeling information required to support the proposed revision, including input data, output data, models used, justification of model selections, ambient monitoring data used, meteorological data used, justification for useof offsite data (where used), modes of models used, assumptions, and other information relevant to the determination of adequacy of the modeling analysis. Not applicable. 6 . Evidence, where necessary, that emission lirni+cktions are based on continuous emission reduction technology. Where necessary, the rules adopted requirin-; _.:-Jssion limitations are basedon continuous emission reduction technology. 7. Evidence that the plan contains emission limitations, work practice standards and recordkeeping/reporting requirements, where itocessary, to ensure emission levels. e standards, and record keepingand reporting requirements to ensure compliance with SIP requirements. IA.h re necessa the regulations containsptii~~A'r emission limitations, work practice

### 8

. Compliance/enforcement strategies, including how compliance will be determined in practice. Enforcementwill be carried outas described in the State/EPAEnforcementAgreement. 9 . Special economic and technological justifications required by anyapplicable EPApolicies, or an explanation of whysuch justifications are not necessary. Nospecial economic or technologicaljustifications are required for this proposedSIP revision. Technical SupportforSIPSubmittal dated: August 15, 2006 For Rules for Air Quality Control Adopted April 2004