Chapter 391-3-1 Rules for Air Quality Control

SYNOPSIS OF

PROPOSED AMENDMENTS TO THE RULES OF THE

DEPARTMENT OF NATURAL RESOURCES

ENVIRONMENTAL PROTECTION DIVISION RELATING TO AIR QUALITY, CHAPTER 391-3-1

Rule 391-3-1-.02(2)(a)6., “VOC Emission Standards, Exemptions, Area Designations, Compliance Schedules and Compliance Determinations, ” is being amended.

Purpose: The purpose of the amendment is to lower the applic ability threshold from

100 tons per year of potential VOC emissions to 15 pounds per day of actual VOC emissions for 14 specific rules in seven specific counties

consistent with the rest of the Atlanta ozone nonat tainment area. This revision is required in order for U.S. EPA to re-de signate the Atlanta

nonattainment area to attainment for the 1997 ozone standard. Should Atlanta be re-designated to attainment for the 1997 National Ambient Air Quality Standard for ozone standard prior to the co mpliance date of the new requirement, the lower applicability requiremen t will be moved to “contingency measures” and only will be required if they are necessary

should Atlanta later exceed the ozone standard.

Main Features: Subparagraph (i)(V) is added to spec ify an applicability threshold of 15

pounds per day of actual VOC emissions for subparag raphs 391-3-1- .02(2)(u), (v), (x), (aa) through (ff) [inclusive], (hh), (kk), (ll), (nn), and (qq) effective January 1, 2015, for Barrow, Bartow, Carr oll, Hall, Newton, Spalding, and Walton Counties. A provision is incl uded to specify that the lower threshold does not apply if the Atlanta ozone nonattainment area is re-designated to attainment for the ozone standard prior to January 1, 2015. Another provision states that the lower thre shold will only be

reinstated if the area violates the 1997 ozone stan dard and the Director determines that they are necessary to satisfy the r equirements of a contingency plan.

Rule 391-3-1-.02(2)(kkk), “VOC Emissions from Aeros pace Manufacturing and Rework Facilities,” is being amended.

Purpose: The purpose of the amendment is to lower the applic ability threshold from

100 tons per year to 25 per year in seven specific counties in order to be

consistent with the rest of the Atlanta ozone nonat tainment area. This revision is required in order for U.S. EPA to re-de signate the Atlanta

ozone nonattainment area to attainment. Should Atl anta be redesignated to attainment for the 1997 National Ambi ent Air Quality Standard for ozone standard prior to the compliance date of the new requirement, the lower applicability requirement wi ll be moved toChapter 391-3-1 Rules for Air Quality Control

“contingency measures” and only will be required if they are necessary

should Atlanta later exceed the ozone standard.

Main Features: Subparagraph 18. is being amended to renumber the existing

subparagraph to 18.(i) and add a new subparagraph 1 8.(ii) to specify an applicability threshold of 25 tons per year effecti ve January 1, 2015, for Barrow, Bartow, Carroll, Hall, Newton, Spalding, an d Walton County. A provision is included to specify that the lower thr eshold does not apply if the Atlanta ozone nonattainment area is re-designat ed to attainment for the ozone standard prior to January 1, 2015. Anoth er provision states that the lower threshold will only be reinstated if the area violates the

1997 ozone standard and the Director determines tha t they are necessary to satisfy the requirements of a contingency plan.Chapter 391-3-1 Rules for Air Quality Control

STATEMENT OF RATIONALE Rules for Air Quality Control

Rule 391-3-1-.02(2)(a)6. – VOC Emission Standards, Exemptions, Area Designations, Compliance Schedules and Compliance Determinations

The basis of this subparagraph is to specify applic ability thresholds, the counties where the rules apply, specific exemptions, compliance schedu les, and the compliance determination methods for specific volatile organic compound (VOC ) regulations. The purpose of the revision is to lower the applicability threshold for 14 VOC rules from 100 tons per year to 15 pounds per day for sources located in Barrow, Bartow, Carroll, Hall, Newton, Spalding, and Walton Counties effective January 1, 2015.

Affected sources in these seven counties that have potential VOC emissions below 100 tons per year and above 15 pounds per day will have to compl y with these rules by January 1, 2015, unless the Atlanta nonattainment area is re-designa ted back to attainment prior to January 1, 2015. The 20-county metropolitan Atlanta area was designated nonattainment in 2004 based on the ozone standard adopted by EPA in 1997. Beca use the area did not attain the standard by 2007, the nonattainment designation classificati on was changed by EPA from “Marginal” to “Moderate” in 2008. Section 182(b)(2)(A) and (B) o f the Clean Air Act require that Reasonably Available Control Technology (RACT) requirements co ver all categories of VOC sources that are covered by a control techniques guideline (CTG) issued by EPA. The rules already have the appropriate thresholds for 13 of the 20 countie s due to their previous classification under the

older 1-hour ozone standard. This amendment makes the requirements for pre-2006 CTG

RACT rules the same in the additional 7 counties as they are in the existing 13 counties. This change is necessary for EPA to fully approve Georgi a’s implementation plan as it pertains to RACT for moderate nonattainment areas. Since 2010, air quality data monitoring data has shown that Atlanta is meeting this 1997 ozone stand ard. U.S. EPA has acknowledged this fact by publishing a “clean data determination” in the F ederal Register on June 23, 2011. On April 4, 2012, EPD submitted a plan to ensure that Atlanta w ill continue to meet this ozone standard and a request for EPA to re-designate the area to attai nment. Upon approval of this plan and request, U.S. EPA will publish a notice in the Fede ral Register re-designating the area to

attainment for the 1997 ozone standard. If this oc curs prior to January 1, 2015, the lower applicability threshold for these rules will not be come applicable. Instead, the requirements will become part of a “contingency plan” and would be co nsidered for implementation if Atlanta later fails to meet the standard and implementation of th ese requirements would help to bring the

area back into attainment.

The additional costs to the Environmental Protectio n Division and the regulated industry are similar to what is required in other ozone nonattai nment areas that are classified as “moderate” or above by U.S. EPA. These costs would be the sam e if the federal government were to implement these requirements. Should EPA re-design ate Atlanta to attainment for the ozone standard prior to January 1, 2015, there will be no additional cost to the Division or regulated industry.Chapter 391-3-1 Rules for Air Quality Control

Rule 391-3-1-.02(2)(kkk) - VOC Emissions from Aeros pace Manufacturing and Rework

Facilities

The basis of this subparagraph is to establish VOC emission limits for facilities that coat aerospace vehicles and components. The purpose of this revision is to lower the applicability threshold from 100 tons per year to 25 tons per yea r for sources located in Barrow, Bartow, Carroll, Hall, Newton, Spalding, and Walton Countie s effective January 1, 2015.

Affected sources in these seven counties that have potential VOC emissions below 100 tons per year and above 25 tons per year will have to comply with these rules by January 1, 2015, unless the Atlanta nonattainment area is re-designated bac k to attainment prior to January 1, 2015. The 20-county metropolitan Atlanta area was designa ted nonattainment in 2004 based on the ozone standard adopted by EPA in 1997. Because the area did not attain the standard by 2007, the nonattainment designation classification was changed by EPA from “Marginal” to “Moderate” in 2008. Section 182(b)(2)(A) and (B) o f the Clean Air Act require that Reasonably Available Control Technology (RACT) requirements co ver all categories of VOC sources that are covered by a control techniques guideline (CTG) issued by EPA. This rule already has the appropriate threshold for 13 of the 20 counties due to their previous classification under the

older 1-hour ozone standard. This amendment makes the requirements for this rule the same in the additional 7 counties as in the existing 13 cou nties. This change is necessary for EPA to fully approve Georgia’s implementation plan as it p ertains to RACT for moderate nonattainment areas. Since 2010, air quality data monitoring dat a has shown that Atlanta is meeting this 1997 ozone standard. U.S. EPA has acknowledged this fac t by publishing a “clean data determination” in the Federal Register on June 23, 2011. On April 4, 2012, EPD submitted a plan to ensure that Atlanta will continue to meet t his ozone standard and a request for EPA to re-designate the area to attainment. Upon approval of this plan and request, U.S. EPA will publish a notice in the Federal Register re-designa ting the area to attainment for the 1997 ozone standard. If this occurs prior to January 1, 2015, the lower applicability threshold for these rules will not become applicable. Instead, t he requirements will become part of a “contingency plan” and would be considered for impl ementation if Atlanta later fails to meet the standard and implementation of these requirements w ould help to bring the area back into

attainment.

The additional costs to the Environmental Protectio n Division and the regulated industry are similar to what is required in other ozone nonattai nment areas that are classified as “moderate” or above by U.S. EPA. These costs would be the sam e if the federal government were to implement these requirements. Should EPA re-design ate Atlanta to attainment for the ozone standard prior to January 1, 2015, there will be no additional cost to the Division or regulated industry.