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 applicability 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 nonattainment area. This 

revision is required in order for U.S. EPA to re-designate 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 compliance date of the 

new requirement, the lower applicability requirement 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 specify an applicability threshold of 15 

pounds per day of actual VOC emissions for subparagraphs 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, Carroll, Hall, Newton, 

Spalding, and Walton Counties. A provision is included 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 threshold will only be 

reinstated if the area violates the 1997 ozone standard and the Director 

determines that they are necessary to satisfy the requirements of a 

contingency plan. 

Rule 391-3-1-.02(2)(kkk), “VOC Emissions from Aerospace Manufacturing and Rework 

Facilities,” is being amended. 

Purpose: The purpose of the amendment is to lower the applicability 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 nonattainment area. This 

revision is required in order for U.S. EPA to re-designate the Atlanta 

ozone nonattainment area to attainment. Should Atlanta be redesignated to attainment for the 1997 National Ambient Air Quality 

Standard for ozone standard prior to the compliance date of the new 

requirement, the lower applicability requirement will be moved to 
Chapter 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 18.(ii) to specify an 

applicability threshold of 25 tons per year effective January 1, 2015, for 

Barrow, Bartow, Carroll, Hall, Newton, Spalding, and Walton County. A 

provision is included 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 threshold will only be reinstated if the area violates the 

1997 ozone standard and the Director determines that 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 applicability thresholds, the counties where the 

rules apply, specific exemptions, compliance schedules, 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 comply with these rules by January 1, 2015, 

unless the Atlanta nonattainment area is re-designated 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. 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) of the Clean Air Act require that Reasonably 

Available Control Technology (RACT) requirements cover 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 counties 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 Georgia’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 standard. U.S. EPA has acknowledged this fact 

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 this 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-designating 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, the requirements will 

become part of a “contingency plan” and would be considered for implementation if Atlanta later 

fails to meet the standard and implementation of these requirements would help to bring the 

area back into attainment. 

The additional costs to the Environmental Protection Division and the regulated industry are 

similar to what is required in other ozone nonattainment areas that are classified as “moderate” 

or above by U.S. EPA. These costs would be the same if the federal government were to 

implement these requirements. Should EPA re-designate 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 Aerospace 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 year 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 25 tons per year will have to comply with these rules by January 1, 2015, unless 

the Atlanta nonattainment area is re-designated 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. 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) of the Clean Air Act require that Reasonably 

Available Control Technology (RACT) requirements cover 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 counties. This change is necessary for EPA to 

fully approve Georgia’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 standard. U.S. EPA has acknowledged this fact 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 this 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-designating 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, the requirements will become part of a 

“contingency plan” and would be considered for implementation if Atlanta later fails to meet the 

standard and implementation of these requirements would help to bring the area back into 

attainment. 

The additional costs to the Environmental Protection Division and the regulated industry are 

similar to what is required in other ozone nonattainment areas that are classified as “moderate” 

or above by U.S. EPA. These costs would be the same if the federal government were to 

implement these requirements. Should EPA re-designate Atlanta to attainment for the ozone 

standard prior to January 1, 2015, there will be no additional cost to the Division or regulated 

industry.