Ms. Heather McTeer Toney 

Regional Administrator 

U.S. EPA, Region 4 

61 Forsyth Street, S.W. 

Atlanta, Georgia 30303-3104 

Georgia Department of Natural Resources 

Environmental Protection Division 

2 Martin Luther King Jr. Dr., Suite 1456, Atlanta, Georgia 30334 

Judson H. Turner, Director 

(404) 656-4713 

Re: SIP Revisions - Georgia's Rules for Air Quality Control Pertaining to 

Miscellaneous Rule Revisions 

Dear Ms. Toney: 

With this letter, the Georgia Environmental Protection Division (EPD) is submitting for approval 

and incorporation proposed revisions to Georgia's State Implementation Plan and Rules for Air 

Quality. The proposed revisions pertain to the following subparagraphs: 

• Rule 391-3-1-.01, "Definitions," is being amended to revise the definitions of "Volatile · 

organic compound" and "Procedures for Testing and Monitoring Sources of Air 

Pollutants." 

• Rule 391-3-1-.02(4), "Ambient Air Standards," is being amended .to update the annual 

PM25 standard to be consistent with the revision of the National Ambient Air Quality 

Standard for PM2.s in 2012. 

• Rule 391-3-1-.02(7), "Prevention of Significant Deterioration of Air Quality," is being 

amended to update the incorporation by reference date and to revise the definition of 

"Regulated NSR pollutant." 

In addition, EPD is submitting the following revisions to Georgia's Section 111 (c) program and 

111 (d) plan: 

• Rule 391-3-1-.02(2)(www), "Sewage Sludge Incineration Units Constructed On or 

Before October 14, 2010," is amended to correct a discrepancy in the applicable 

requirements for record keeping and reporting. 

• Rule 391-3-1-.02(8)(b), "New Source Performance Standards," is being revised to 

incorporate the revisions to Performance Standards by reference to ensure consistency 

between the State and Federal programs. 

EPD is also submitting the following revision to Georgia's Part 70 Permit Program for approval 

as required by 40 CFR 70.4(i): 

• Rule 391-3-1-.03(10), "Title V Operating Permits," is being amended to update the 

incorporation by reference date and to add a subparagraph to specify the application 

deadline for new major sources. 
Ms. Heather McTeer Toney 

Page Two 

In accordance with EPD's approved mechanism for delegation of section 112 standards, EPD 

has adopted revisions to U.S. EPA's National Emission Standards for Hazardous Air Pollutants 

as indicated below: 

• Rule 391-3-1-.02(9)(b), "Emission Standards for Hazardous Air Pollutants," is being 

revised to incorporate the revisions to National Emission Standards for Hazardous Air 

Pollutants by reference to ensure consistency between the State and Federal programs. 

The public notice for these revisions to Georgia's Rules for Air Quality Control, Chapter 391-3-1 

was published April3, 2014, on GovDelivery.com. The proposed revisions were the subject of a 

public hearing on May 8, 2014. No public comments were received during the public comment 

period or at the hearing. A certification that the required public notice was provided and that a 

public hearing was held is enclosed. 

As required by the federal SIP-processing regulations, we have enclosed the administrative 

materials and technical support checklists to satisfy the SIP submittal completeness criteria 

requirements. This submittal includes one paper copy of each of the relevant documents and a 

compact disk with an electronic version of the documents. The electronic version is an exact 

duplicate of the paper copy. 

We look forward to your review and approval of these revisions. Should you or your staff have 

any questions, please feel free to contact Jimmy Johnston at (404) 363-7014. 

JHT:JPJ:th 

c: Scott Davis, EPA Region 4 

Greg Worley, EPA Region 4 

Keith Bentley, Branch Chief, EPD Air Protection Branch 
SIP CHECKLISTS

ADMINISTRATIVE & TECHNICAL

PAGE 1 of 4

Administrative Materials for SIP submittal dated: October 2014

Miscellaneous Air Rules

1. A formal letter of submittal from the Governor or his designee, requesting EPA 

approval of the plan or revision thereof (hereafter “the plan”).

The cover letter transmitting this proposed plan 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 from the adoption/issuance date.

The State promulgated revisions/additions to the following Georgia Rules:

• Rule 391-3-1-.01, “Definitions,” is being amended to revise the definitions of 

“Volatile organic compound” and “Procedures for Testing and Monitoring Sources 

of Air Pollutants.”

• Rule 391-3-1-.02(2)(www), “Sewage Sludge Incineration Units Constructed 

On or Before October 14, 2010,” is amended to correct a discrepancy in the 

applicable requirements for record keeping and reporting.

• Rule 391-3-1-.02(4), “Ambient Air Standards,” is being amended to update the

annual PM2.5 standard to be consistent with the revision of the National Ambient 

Air Quality Standard for PM2.5 in 2012.

• Rule 391-3-1-.02(7), “Prevention of Significant Deterioration of Air Quality,”

is being amended to update the incorporation by reference date and to revise the 

definition of “Regulated NSR pollutant.”

• Rule 391-3-1-.02(8)(b), “New Source Performance Standards,” is being 

revised to incorporate the revisions to Performance Standards by reference to 

ensure consistency between the State and Federal programs.

• Rule 391-3-1-.02(9)(b), “Emission Standards for Hazardous Air Pollutants,”

is being revised to incorporate the revisions to National Emission Standards for 

Hazardous Air Pollutants by reference to ensure consistency between the State 

and Federal programs.

• Rule 391-3-1-.03(10), “Title V Operating Permits,” is being amended to update 

the incorporation by reference date and to add a subparagraph to specify the 

application deadline for new major sources.
SIP CHECKLISTS

ADMINISTRATIVE & TECHNICAL

PAGE 2 of 4

3. Evidence that the State has the necessary legal authority under State law to adopt 

and implement the plan.

The Georgia Air Quality Act, Article 1: Air Quality (O.C.G.A. 12-9, et. seq.) 

provides the necessary legal authority under State law to adopt and 

implement the revisions. The Act, in its entirety, is located at 

http://www.lexis-nexis.com/hottopics/gacode/ under Title 12, Chapter 9, 

Article 1.

4. A copy 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, where applicable. The submittal shall be a copy of 

the official State regulation/ document signed, stamped, dated by the appropriate 

State official indicating that it is fully enforceable by the State. The effective date 

of the regulation/document shall, whenever possible, be indicated in the document 

itself.

Enclosed is a copy of the affected plan for approval and incorporation into 

the State Implementation Plan.

5. Evidence that the State followed all of the procedural requirements of the State’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.

Enclosed as evidence that Georgia followed the procedural requirements in 

adopting this plan is a Certificate of Public Hearing and a memorandum 

dated June 4, 2014, from Keith Bentley to Judson Turner. These documents 

provide evidence that a public notice was issued, a public hearing was held, 

and that no comments were received.

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 a public hearings was held in accordance with the information 

provided in the public notice and the State's laws and constitution, if applicable.

Enclosed is a copy of the Notice of Public Hearing and the Certificate of 

Public Hearing.

October 2014
SIP CHECKLISTS

ADMINISTRATIVE & TECHNICAL

PAGE 3 of 4

Technical Support for SIP Submittal dated: October 2014

Miscellaneous Air Rules

1. Identification of all regulated pollutants affected by the plan.

The plan revisions cover all regulated pollutants.

2. Identification of the locations of affected sources including the EPA 

attainment/non-attainment designation of the locations and the status of the 

attainment plan for the affected areas(s).

The Air rules are applicable statewide. 

3. Quantification of the changes in plan allowable emissions from the affected 

sources; estimates of changes in current actual emissions from affected sources 

or, where appropriate, quantification of changes in actual emissions from affected 

sources through calculations of the differences 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, under section 107 of the Act, a 

revision must be submitted to provide for the maintenance of the national primary 

ambient air quality standards for at least 10 years as required by section 175A of 

the Act.

These revisions align State standards with Federal standards.

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.

No modeling was performed.

6. Evidence, where necessary, that emission limitations are based on continuous 

emission reduction technology.

Not applicable.

7. Evidence that the plan contains emission limitations, work practice standards and 

recordkeeping/reporting requirements, where necessary, to ensure emission 

levels.

The regulations contain specific emission limitations, work practice 

standards, and record keeping and reporting requirements to ensure 

compliance with SIP requirements.
SIP CHECKLISTS

ADMINISTRATIVE & TECHNICAL

PAGE 4 of 4

8. Compliance/enforcement strategies, including how compliance will be determined 

in practice.

Enforcement will be carried out as described in the State/EPA Enforcement 

Agreement.

9. Special economic and technological justifications required by any applicable EPA 

policies, or an explanation of why such justifications are not necessary.

No special economic or technological justifications are required for this 

proposed SIP revision.

October 2014
Hamby, Terri 

From: Kirkland, Doralyn 

Sent: 

To: 

Tuesday, September 30, 2014 3:48 PM 

Bentley, Keith 

Cc: Johnston, Jimmy 

Subject: FW: Chapter 391-3-1, Air Quality Control, amended by the following actions, Georgia 

Department of Natural Resources 

For your official rulemaking files (June rulemaking). 

From: Cooley, Doris [mailto:dcooley@sos.ga.gov] 

Sent: Friday, September 26, 2014 4:46 PM 

To: Brown, Taylor 

Subject: Chapter 391-3-1, Air Quality Control, amended by the following actions, Georgia Department of Natural 

Resources 

RE: Chapter 391-3-1, Air Quality Control, amended by the following actions, Georgia Department of Natural 

Resources 

Rule 391-3-1-.01, Definitions. Amended, amended 

Rule 391-3-1-.02, Provisions. Amended, amended 

Rule 391-3-1-.03, Permits. Amended, amended 

We acknowledge receipt of your transmittal of the referenced amendments. 

We have recorded said amendments as having been received and filed on September 24, 2014, to become 

effective on October 14, 2014. 

Sincerely, 

Doris Cooley 

Administrative Procedure Division 

1 
Georgia Department of Natural Resources 

Environmental Protection Division • Air Protection Branch 

4244 International Parkway • Suite 120 • Atlanta • Georgia 30354 

404/363-7000 • Fax: 404/363-7100 

Judson H. Turner, Director 

CERTIFICATE OF PUBLIC HEARING AND RULE ADOPTION 

I do hereby certify that a public hearing was held on May 8, 2014, concerning proposed 

amendments to Georgia's Rules for Air Quality, Chapter 391-3-1. 

A public notice was posted on EPD's Environet website and on GovDelivery.com, providing 

at least 30 days for review and comments. 

I do further certify that the proposed rule amendments were adopted in accordance with 

the State of Georgia's procedures for rule adoption. The proposed rule amendments were 

adopted by the Board of Natural Resources on June 24, 2014; were filed with the Secretary 

of State's office on September 24, 2014; and became effective on October 14, 2014. 

Date 

Date I I .. 
Hamby, Terri 

From: 

Sent: 

To: 

Subject: 

Georgia Department of Natural Resources <GADNR@public.govdelivery.com> 

Thursday, April 03, 2014 9:09AM 

Hamby, Terri 

Notice of Public Hearing-Proposed Rule Amendments 

Having trouble viewing this email? View it as a Web~· 

I cYJ "'"·'"·· · ·•• -1 

DEPARTMENT OF NATURAL RESOURCES 

ENVIRONMENTAL PROTECTION DIVISION 

NOTICE OF PUBLIC HEARING AND PROPOSED AMENDMENTS 

TO GEORGIA'S RULES FOR AIR QUALITY CONTROL 

CHAPTER 391-3-1 

TO ALL INTERESTED PERSONS AND PARTIES: 

Notice is hereby given that, pursuant to the authority set forth below, the Environmental Protection 

Division (hereinafter, "EPD") of the Georgia Department of Natural Resources proposes 

Amendments to Georgia's Rules for Air Quality Control, Chapter 391-3-1 (hereinafter, "the 

proposed Air Rule Amendments"). The Director of EPD certifies that (1) the revisions to rule 391-3-

1-.01 are required to comply with Sections 11 O(a) of the federal Clean Air Act, (2) the revisions to 

rule 391-3-1-.02 are required to comply with Sections 11 O(a), 111 (c)(1 ), 111 (d), 112(1), and 161 of 

the federal Clean Air Act and to exercise authority approved and/or delegated by the U.S. 

Environmental Protection Agency to implement Section 11 0 of the federal Clean Air Act, and (3) 

the revisions to rule 391-3-1-.03 are required to comply with Title V of the Clean Air Act. The 

proposed Air Rule Amendments are described below: 

Rule 391-3-1-.01, "Definitions," is being amended to revise the definitions of "Volatile organic 

compound" and "Procedures for Testing and Monitoring Sources of Air Pollutants." 

Rule 391-3-1-.02(2)(www), "Sewage Sludge Incineration Units Constructed On or Before 

October 14, 2010," is amended to correct a discrepancy in the applicable requirements for record 

keeping and reporting. 

Rule 391-3-1-.02(4), "Ambient Air Standards," is being amended to update the annual PM2.5 

standard to be consistent with the revision of the National Ambient Air Quality Standard for PM2 5 in 

2012. 

Rule 391-3-1-.02(7), "Prevention of Significant Deterioration of Air Quality," is being amended 

to update the incorporation by reference date and to revise the definition of "Regulated NSR 

pollutant." 

Rule 391-3-1-.02(8)(b), "New Source Performance Standards," is being revised to incorporate 

the revisions to Performance Standards by reference to ensure consistency between the State and 

Federal programs. 

1 
Rule 391-3-1-.02(9)(b), "Emission Standards for Hazardous Air Pollutants," is being revised to 

incorporate the revisions to National Emission Standards for Hazardous Air Pollutants by reference 

to ensure consistency between the State and Federal programs. 

Rule 391-3-1-.03(10), "Title V Operating Permits," is being amended to update the incorporation 

by reference provisions and to add a subparagraph to specify the application deadline for new 

major sources. 

This notice, together with an exact copy of the proposed Air Rule Amendments, a synopsis, and a 

statement of rationale of the rule revisions, is being provided to all persons who have requested in 

writing that they be placed on a notification list. These documents may be viewed at 

http://qaepd.org/environet/1 or during normal business hours of 8:00a.m. to 4:30p.m. at the 

Georgia Environmental Protection Division, Air Protection Branch, 4244 International Parkway, 

Suite 120, Atlanta, Georgia 30354. Copies may also be requested by contacting the Air Protection 

Branch at 404/363-7000 or the Environmental Protection Division Director's Office at 1-888-373-

5947 .. 

To provide the public an opportunity to comment upon and provide input into the proposed Air Rule 

Amendments, a public hearing will be held at 3:30 p.m. on May 8, 2014, in the EPD Training 

Center located at 4244 International Parkway, Suite 116, Atlanta, Georgia 30354. At the hearing, 

anyone may present data, make a statement, comment, or offer a viewpoint or argument either 

orally or in writing. Lengthy statements or statements of a considerable technical or economic 

nature, as well as previously-recorded messages, must be submitted in writing for the official 

record. Oral statements should be concise. 

Written comments are welcomed. To insure their inclusion in EPD's package for the Board of 

Natural Resources, written comments should be received by close of business on May 12, 2014. 

Written comments may be emailed to EPDComments@dnr.state.ga.us or sent via regular mail 

addressed to: Branch Chief, Air Protection Branch, 4244 International Parkway, Suite 120, Atlanta, 

Georgia, 30354. 

The proposed Air Rule Amendments will be considered for adoption by the Board of Natural 

Resources at its meeting at 9:00a.m. on June 24, 2014, in the DNR Board Room located at 2 

Martin Luther King, Jr. Drive, Suite 1252, East Tower, Atlanta, Georgia 30334. The meeting is 

open to the public. 

The proposed Air rule amendment is proposed for adoption pursuant to authority contained in 

Georgia Air Quality Act (O.C.G.A. Section 12-9-1 et. seq.). For further information, contact the Air 

Protection Branch at 404/363-7000. 

• notice 20140403.pdf 

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2 
This service is provided to you at no charge by Georgia Department of Natural Resources. 

Tf1is email was senl to terri.hamby@)dnr.state.ga.us using GovOe!ivery, on bet1alf of: Georgia Department of Natural F-1esources 

3 
 Georgia Department of Natural Resources 

 Environmental Protection Division 

2 Martin Luther King Jr. Drive, Suite 1456, Atlanta, Georgia 30334 

Judson H. Turner, Director 

 (404) 656-4713 

C-1 

June 12, 2014 

M E M O R A N D U M 

TO: Board of Natural Resources 

FROM: Judson H. Turner, Director 

Environmental Protection Division 

SUBJECT: Action on Proposed Amendments to Rules for Air Quality Control, 

Chapter 391-3-1, Pertaining to Miscellaneous Changes and Updates 

I request the Board’s consideration of the following rule revisions: 

Rules for Air Quality Control, Chapter 391-3-1 

• Rule 391-3-1-.01, “Definitions,” is being amended to revise the definitions of “Volatile 

organic compound” and “Procedures for Testing and Monitoring Sources of Air 

Pollutants.” 

• Rule 391-3-1-.02(2)(www), “Sewage Sludge Incineration Units Constructed On or 

Before October 14, 2010,” is amended to correct a discrepancy in the applicable 

requirements for record keeping and reporting. 

• Rule 391-3-1-.02(4), “Ambient Air Standards,” is being amended to update the annual 

PM2.5 standard to be consistent with the revision of the National Ambient Air Quality 

Standard for PM2.5 in 2012. 

• Rule 391-3-1-.02(7), “Prevention of Significant Deterioration of Air Quality,” is being 

amended to update the incorporation by reference date and to revise the definition of 

“Regulated NSR pollutant.” 

• Rule 391-3-1-.02(8)(b), “New Source Performance Standards,” is being revised to 

incorporate the revisions to Performance Standards by reference to ensure consistency 

between the State and Federal programs. 

• Rule 391-3-1-.02(9)(b), “Emission Standards for Hazardous Air Pollutants,” is being 

revised to incorporate the revisions to National Emission Standards for Hazardous Air 

Pollutants by reference to ensure consistency between the State and Federal programs. 

• Rule 391-3-1-.03(10), “Title V Operating Permits,” is being amended to update the 

incorporation by reference date and to add a subparagraph to specify the application 

deadline for new major sources. 
C-2 

Memorandum 

June 12, 2014 

Page two 

Please find enclosed for your review and consideration: Page No.

 Synopsis and Statement of Rationale for the proposed amendments C-3 

to Rules for Air Quality Control; 

 Notice of Public Hearing issued April 3, 2014; C-8

 Memorandum summarizing comments on the proposed revision; C-10 

 Memorandum regarding the economic impacts of the proposed C-12 

 amendment on small businesses and the regulated community; 

 Proposed amendments to the Rules for Air Quality Control C-14 

 showing deletions with strikeouts and additions with underlines; and 

 A proposed resolution for adopting the amendments to the rules. C-72 

I recommend adoption of the proposed amendments as presented. 

JHT:JPJ 

Attachments 
Chapter 391-3-1 Rules for Air Quality Control 

C-3 

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-.01, “Definitions,” is being amended. 

Purpose: This rule is being revised to update the definition of “Volatile organic 

compound,” also known as VOC, and the definition of “Procedures for 

Testing and Monitoring Sources of Air Pollutants,” also known as PTM.

Main Features: The definition of “Volatile organic compound” is revised to add new 

exempt compounds which were recently designated by the U.S. 

Environmental Protection Agency (EPA) as having negligible 

photochemical reactivity and to clarify a recordkeeping requirement. The 

definition of “Procedures for Testing and Monitoring Sources of Air 

Pollutants” is revised to reference the most recent version of the PTM, 

February 7, 2014. 

Rule 391-3-1-.02(2)(www), “Sewage Sludge Incineration Units Constructed On or Before 

October 14, 2010,” is being amended. 

Purpose: The purpose of this amendment is to correct a discrepancy in the 

applicable requirements for record keeping and reporting.

Main Features: Subparagraph 2(iv) is amended to include 40 CFR 60.5235 (h) and (i) as 

Federal rules whose requirements will be replaced by the requirements of 

Sections 2.130.2 through 2.130.4 of Georgia DNR’s manual for the 

Procedures for Testing and Monitoring (PTM) of Air Pollutants. 

Subparagraphs (h) and (i) specify the form for report submissions and the 

permission for changing report dates, respectively. With this amendment, 

the DNR’s PTM manual will address these requirements and will take 

precedence over the Federal requirements. 

Rule 391-3-1-.02(4), “Ambient Air Standards,” is being amended. 

Purpose: The ambient air standards are revised by updating the annual PM2.5

standard to be consistent with the revision of the National Ambient Air 

Quality Standard for PM2.5 in 2012. 

Main Features: Subparagraph (4)(c)2.(ii) is revised by lowering the annual PM2.5 standard 

from 15.0 micrograms per cubic meter to 12.0 micrograms per cubic 

meter. 
Chapter 391-3-1 Rules for Air Quality Control 

C-4 

Rule 391-3-1-.02(7), “Prevention of Significant Deterioration of Air Quality,” is being 

amended. 

Purpose: The Prevention of Significant Deterioration (PSD) provisions are revised 

by updating the incorporation by reference date and revising the definition 

of “Regulated NSR pollutant.” 

Main Features: Subparagraph (7)(a)1. is revised to change the incorporation by reference 

date from July 20, 2011, to December 9, 2013, the most recent version of 

the federal PSD rule. The changes to the federal rules that are included 

in this incorporation by reference update include a July 12, 2012, change 

to allow plant-wide applicability limitations (PALs) for GHG emissions and 

a December 9, 2013, change to remove the Significant Impact Levels and 

Significant Monitoring Concentration for PM2.5 that were vacated by the 

United States Court of Appeals for the District of Columbia Circuit. The 

definition of “Regulated NSR Pollutant” in subparagraph (7)(a)2.(ix) is 

revised to change the provision regarding the inclusion of condensable 

particulate matter to reflect an October 25, 2012, change to the federal 

rule that corrected an inadvertent error that EPA made in 2008. 

Rule 391-3-1-.02(8)(b), “New Source Performance Standards,” is being amended. 

Purpose: To adopt the Federal Emission Standards into the Georgia Rules by 

reference to ensure consistency between the State and Federal 

programs. 

Main Features: Subparagraphs (b)3. for Electric Utility Steam Generating Units, (b)8. for 

Portland Cement Plants, (b)73. for Hospital/Medical/Infectious Waste 

Incinerators, (b)82. for Petroleum Refineries, and (b)84. for the Oil and 

Natural Gas Sector are all revised to reflect the latest amendment dates 

of the incorporated federal rules. 

Rule 391-3-1-.02(9)(b), “Emission Standards for Hazardous Air Pollutants,” is being 

amended. 

Purpose: To adopt the Federal Emission Standards into the Georgia Rules by 

reference to ensure consistency between the State and Federal 

programs. 

Main Features: Subparagraphs (b)38. for Secondary Lead Smelting, (b)43. for Petroleum 

Refineries, (b)78. for the Portland Cement Manufacturing Industry, 

(b)118. for Reciprocating Internal Combustion Engines, and (b)139. for 

Coal- and Oil-Fired Electric Utility Steam Generating Units are all revised 

to reflect the latest amendment dates of the incorporated federal rules. 
Chapter 391-3-1 Rules for Air Quality Control 

C-5 

Rule 391-3-1-.03(10), “Title V Operating Permits,” is being amended. 

Purpose: The Title V Operating Permit provisions are revised by updating the 

incorporation by reference date and adding a subparagraph to specify the 

application deadline for new major sources. 

Main Features: Subparagraph (10)(a)5. is added to specify that all incorporations by 

reference refer to the federal Part 40 regulations as promulgated and 

published through June 3, 2010, the most recent version of the federal 

Part 70 rule. This single subparagraph replaces all incorporation by 

reference dates specified throughout the rest of paragraph (10) that refer 

to specific promulgation dates for various sections of the federal 

regulation. This change is made in order to make it easier for the public 

and regulated community to determine which version of the federal Part 

70 rules are incorporated into Georgia’s rules. All provisions of Part 70 

that are incorporated by reference remain unchanged. 

 Subparagraph (10)(c)1.(v) is added to specify the application date for new 

major sources as 12 months after commencing operation. 
Chapter 391-3-1 Rules for Air Quality Control 

C-6 

STATEMENT OF RATIONALE 

Rules for Air Quality Control 

Rule 391-3-1-.01 - Definitions 

The basis of this rule is to provide definitions for terms used in the Georgia Air Quality Control 

Rules, Chapter 391-3-1. The purpose of this revision is to 1) revise the definition of “Volatile 

organic compound” in order to be consistent with the federal definition, and 2) revise the 

definition of “Procedures for Testing and Monitoring Sources of Air Pollutants” to reference the 

most recent version of the PTM. 

 

This revision is in no way more restrictive than the federal requirements. It does not incur any 

additional costs to the Environmental Protection Division or the regulated industry beyond what 

is required by federal regulations. No costs will be imposed on local governments or the 

general public. 

Rule 391-3-1-.02(2)(www) - Sewage Sludge Incineration Units Constructed On or Before 

October 14, 2010 

The basis of this rule is USEPA’s Emission Guidelines and Compliance Times for Existing 

Sewage Sludge Incineration Units, codified in 40 CFR Part 60, Subpart MMMM. The purpose of 

the rule is for Georgia’s affected existing SSI units to achieve compliance with the emissions 

limits specified in 40 CFR 60 MMMM. This rule revision corrects a discrepancy in the applicable 

requirements for record keeping and reporting. There are no additional costs to the 

Environmental Protection Division or to the regulated industry associated with the proposed 

amendments to rule (www).

Rule 391-3-1-.02(4) – Ambient Air Standards 

The basis of this paragraph is to specify the ambient air standards for Georgia consistent with 

the National Ambient Air Quality Standards. The purpose of this revision is to revise the annual 

PM2.5 standard to be consistent with a revision to the national PM2.5 standard in 2012. 

This revision will not result in any additional costs to the Environmental Protection Division or 

the regulated industry beyond that required by federal regulations. 

Rule 391-3-1-.02(7) – Prevention of Significant Deterioration of Air Quality 

The basis of this paragraph is to implement the major new source review program in attainment 

areas known as “Prevention of Significant Deterioration” or PSD. The purpose of this revision is 

to update the incorporation of reference date in order to incorporate changes to the federal rule 

and to revise the definition of “Regulated NSR pollutant” to be consistent with the federal rule. 

This revision will not result in any additional costs to the Environmental Protection Division or 

the regulated industry beyond that required by federal regulations. 
Chapter 391-3-1 Rules for Air Quality Control 

C-7 

Rule 391-3-1-.02(8)(b) - New Source Performance Standards

The basis of this rule is to adopt the Federal New Source Performance Standards (NSPS) by 

reference. The purpose for this revision is to incorporate the latest amendment dates and all 

associated changes made to the Federal NSPS rules into the Georgia rules. 

This revision is in no way more restrictive than the Federal requirements and does not incur any 

additional costs to the regulated industry or public than are required to meet the Federal rule. 

Rule 391-3-1-.02(9)(b) - Emission Standards for Hazardous Air Pollutants 

The basis of this rule is to adopt the Federal Emission Standards for Hazardous Air Pollutants 

by reference. The purpose of this revision is to adopt revised emission standards and to 

incorporate the latest amendment dates and all associated changes made to the Federal 

NESHAP rules into the Georgia rules. 

This revision is not more restrictive than the Federal requirements and does not incur any 

additional costs to the regulated industry or public than are required to meet the Federal rule. 

Rule 391-3-1-.03(10) – Title V Operating Permits 

The basis of this paragraph is to specify the requirements of Georgia’s Operating Permit 

program as required by Title V of the Clean Air Act and 40 CFR Part 70. The purpose of this 

revision is to update the incorporation by reference provisions to make it easier for the public 

and regulated community to determine which version of the federal Part 70 rules are 

incorporated into Georgia’s rules and to specify the application date for new major sources . 

This revision will not result in additional costs to the Environmental Protection Division or the 

regulated industry beyond that required by federal regulations. 
Chapter 391-3-1 Rules for Air Quality Control 

C-8 

DEPARTMENT OF NATURAL RESOURCES 

ENVIRONMENTAL PROTECTION DIVISION

NOTICE OF PUBLIC HEARING AND PROPOSED AMENDMENTS 

TO GEORGIA’S RULES FOR AIR QUALITY CONTROL 

CHAPTER 391-3-1 

TO ALL INTERESTED PERSONS AND PARTIES: 

Notice is hereby given that, pursuant to the authority set forth below, the Environmental 

Protection Division (hereinafter, “EPD”) of the Georgia Department of Natural Resources 

proposes Amendments to Georgia’s Rules for Air Quality Control, Chapter 391-3-1 (hereinafter, 

“the proposed Air Rule Amendments”). The Director of EPD certifies that (1) the revisions to 

rule 391-3-1-.01 are required to comply with Sections 110(a) of the federal Clean Air Act, (2) the 

revisions to rule 391-3-1-.02 are required to comply with Sections 110(a), 111(c)(1), 111(d), 

112(l), and 161of the federal Clean Air Act and to exercise authority approved and/or delegated 

by the U.S. Environmental Protection Agency to implement Section 110 of the federal Clean Air 

Act, and (3) the revisions to rule 391-3-1-.03 are required to comply with Title V of the Clean Air 

Act. The proposed Air Rule Amendments are described below: 

Rule 391-3-1-.01, “Definitions,” is being amended to revise the definitions of “Volatile organic 

compound” and “Procedures for Testing and Monitoring Sources of Air Pollutants.” 

Rule 391-3-1-.02(2)(www), “Sewage Sludge Incineration Units Constructed On or Before 

October 14, 2010,” is amended to correct a discrepancy in the applicable requirements for 

record keeping and reporting. 

Rule 391-3-1-.02(4), “Ambient Air Standards,” is being amended to update the annual PM2.5

standard to be consistent with the revision of the National Ambient Air Quality Standard for 

PM2.5 in 2012. 

Rule 391-3-1-.02(7), “Prevention of Significant Deterioration of Air Quality,” is being 

amended to update the incorporation by reference date and to revise the definition of 

“Regulated NSR pollutant.” 

Rule 391-3-1-.02(8)(b), “New Source Performance Standards,” is being revised to 

incorporate the revisions to Performance Standards by reference to ensure consistency 

between the State and Federal programs. 

Rule 391-3-1-.02(9)(b), “Emission Standards for Hazardous Air Pollutants,” is being 

revised to incorporate the revisions to National Emission Standards for Hazardous Air Pollutants 

by reference to ensure consistency between the State and Federal programs. 

Rule 391-3-1-.03(10), “Title V Operating Permits,” is being amended to update the 

incorporation by reference provisions and to add a subparagraph to specify the application 

deadline for new major sources. 

This notice, together with an exact copy of the proposed Air Rule Amendments, a synopsis, and 

a statement of rationale of the rule revisions, is being provided to all persons who have 
Chapter 391-3-1 Rules for Air Quality Control 

C-9 

requested in writing that they be placed on a notification list. These documents may be viewed 

at http://gaepd.org/environet/1 or during normal business hours of 8:00 a.m. to 4:30 p.m. at the 

Georgia Environmental Protection Division, Air Protection Branch, 4244 International Parkway, 

Suite 120, Atlanta, Georgia 30354. Copies may also be requested by contacting the Air 

Protection Branch at 404/363-7000 or the Environmental Protection Division Director’s Office at 

1-888-373-5947. 

To provide the public an opportunity to comment upon and provide input into the proposed Air 

Rule Amendments, a public hearing will be held at 3:30 p.m. on May 8, 2014, in the EPD 

Training Center located at 4244 International Parkway, Suite 116, Atlanta, Georgia 30354. At 

the hearing, anyone may present data, make a statement, comment, or offer a viewpoint or 

argument either orally or in writing. Lengthy statements or statements of a considerable 

technical or economic nature, as well as previously-recorded messages, must be submitted in 

writing for the official record. Oral statements should be concise. 

Written comments are welcomed. To insure their inclusion in EPD's package for the Board of 

Natural Resources, written comments should be received by close of business on May 12, 

2014. Written comments may be emailed to EPDComments@dnr.state.ga.us or sent via 

regular mail addressed to: Branch Chief, Air Protection Branch, 4244 International Parkway, 

Suite 120, Atlanta, Georgia, 30354. 

The proposed Air Rule Amendments will be considered for adoption by the Board of Natural 

Resources at its meeting at 9:00 a.m. on June 24, 2014, in the DNR Board Room located at 2 

Martin Luther King, Jr. Drive, Suite 1252, East Tower, Atlanta, Georgia 30334. The meeting is 

open to the public. 

The proposed Air rule amendment is proposed for adoption pursuant to authority contained in 

Georgia Air Quality Act (O.C.G.A. Section 12-9-1 et. seq.). For further information, contact the 

Air Protection Branch at 404/363-7000.
Georgia Department of Natural Resources 

Environmental Protection Division • Air Protection Branch 

4244 International Parkway • Suite 120 • Atlanta • Georgia 30354 

404/363-7000 • Fax: 404/363-7100 

Judson H. Turner, Director 

C-10 

June 4, 2014 

M E M O R A N D U M 

To: Judson H. Turner, Director 

 Environmental Protection Division 

From: Keith Bentley, Chief 

 Air Protection Branch 

Subject: Responses to Comments Received During the Public Comment Period 

Regarding Proposed Revisions to Air Quality Rules, Chapter 391-3-1 

On April 3, 2014, EPD issued a public notice requesting comments on the proposed revisions to 

the Georgia Rules for Air Quality, Chapter 391-3-1. The proposed changes included the 

following rules: 

• Rule 391-3-1-.01, “Definitions,” is being amended to revise the definitions of “Volatile 

organic compound” and “Procedures for Testing and Monitoring Sources of Air 

Pollutants.” 

• Rule 391-3-1-.02(2)(www), “Sewage Sludge Incineration Units Constructed On or 

Before October 14, 2010,” is amended to correct a discrepancy in the applicable 

requirements for record keeping and reporting. 

• Rule 391-3-1-.02(4), “Ambient Air Standards,” is being amended to update the annual 

PM2.5 standard to be consistent with the revision of the National Ambient Air Quality 

Standard for PM2.5 in 2012. 

• Rule 391-3-1-.02(7), “Prevention of Significant Deterioration of Air Quality,” is being 

amended to update the incorporation by reference date and to revise the definition of 

“Regulated NSR pollutant.” 

• Rule 391-3-1-.02(8)(b), “New Source Performance Standards,” is being revised to 

incorporate the revisions to Performance Standards by reference to ensure consistency 

between the State and Federal programs. 

• Rule 391-3-1-.02(9)(b), “Emission Standards for Hazardous Air Pollutants,” is being 

revised to incorporate the revisions to National Emission Standards for Hazardous Air 

Pollutants by reference to ensure consistency between the State and Federal programs. 

• Rule 391-3-1-.03(10), “Title V Operating Permits,” is being amended to update the 

incorporation by reference date and to add a subparagraph to specify the application 

deadline for new major sources. 
C-11 

Responses to Comments Memo 

Rules for Air Quality Control, Chapter 391-3-1 

June 4, 2014 

Page 2 of 2 

A public hearing was held at 3:30 p.m. on May 8, 2014, in the EPD Training Center located at 

4244 International Parkway, Suite 116, Atlanta, Georgia 30354. The public comment period 

ended May 12, 2014. No comments were received for this rule revision. 

JPJ:JLK:th 
Georgia Department of Natural Resources 

Environmental Protection Division • Air Protection Branch 

4244 International Parkway • Suite 120 • Atlanta • Georgia 30354 

404/363-7000 • Fax: 404/363-7100 

Judson H. Turner, Director 

C-12 

June 5, 2014

MEMORANDUM 

TO: Judson H. Turner, Director 

 Environmental Protection Division 

FROM: Keith Bentley, Chief 

 Air Protection Branch 

SUBJECT: Economic Impact of Proposed Amendments to Rules for Air Quality Control, 

Chapter 391-3-1, Pertaining to Miscellaneous Changes and Updates 

The Administrative Procedures Act requires that in the formation and adoption of any rules 

which will have an economic impact on businesses in the State, the agency reduce the 

economic impact of the Rule on small businesses which are independently owned and operated 

and are not dominant in their field and employ 100 employees or less. The statute specifically 

requires that one or more of the following actions be implemented when it is legal and feasible 

in meeting the stated objectives of the statutes which are the basis of the proposed rule in 

reducing the economic impact. These four actions are: 

a. Establishing different requirements or reporting requirements or timetables for small 

businesses; 

b. Clarifying, consolidating or simplifying the compliance and reporting requirements 

under the rules for small businesses; 

c. Establishing performance rather than design standards for small businesses; or 

d. Exempting small businesses from any or all requirements of the rules. 

The Georgia Environmental Protection Division (EPD) is proposing amendments to the Rules 

for Air Quality Control, Chapter 391-3-1 (Air Rules). The proposed rule amendments include the 

following: 

Rule 391-3-1-.01, “Definitions,” is being amended to revise the definitions of “Volatile organic 

compound” and “Procedures for Testing and Monitoring Sources of Air Pollutants.” 

Rule 391-3-1-.02(2)(www), “Sewage Sludge Incineration Units Constructed On or Before 

October 14, 2010,” is amended to correct a discrepancy in the applicable requirements for 

record keeping and reporting. 

Rule 391-3-1-.02(4), “Ambient Air Standards,” is being amended to update the annual PM2.5

standard to be consistent with the revision of the National Ambient Air Quality Standard for 

PM2.5 in 2012. 
C-13 

Small Business Impact Memo 

Rules for Air Quality Control, Chapter 391-3-1 

June 5, 2014 

Page 2 of 2 

Rule 391-3-1-.02(7), “Prevention of Significant Deterioration of Air Quality,” is being 

amended to update the incorporation by reference date and to revise the definition of 

“Regulated NSR pollutant.” 

Rule 391-3-1-.02(8)(b), “New Source Performance Standards,” is being revised to 

incorporate the revisions to Performance Standards by reference to ensure consistency 

between the State and Federal programs. 

Rule 391-3-1-.02(9)(b), “Emission Standards for Hazardous Air Pollutants,” is being 

revised to incorporate the revisions to National Emission Standards for Hazardous Air Pollutants 

by reference to ensure consistency between the State and Federal programs. 

Rule 391-3-1-.03(10), “Title V Operating Permits,” is being amended to update the 

incorporation by reference date and to add a subparagraph to specify the application deadline 

for new major sources. 

In consideration of the four actions required in the State statute for the proposed changes to the 

Air Rules, we offer the following comments on the proposed rule amendments: 

1. Different compliance or reporting requirements for small businesses: 

This issue is not germane for the proposed rule changes. 

2. Consolidate and/or simplify compliance or reporting requirements for small businesses: 

This issue is not germane for the proposed rule changes. 

3. Performance rather than design standards for small businesses: 

This issue is not germane for the proposed rule changes. 

4. Exemptions for small businesses: 

This issue is not germane for the proposed rule changes. 

In addition, the Administrative Procedures Act requires that “...in the formulation and adoption of 

any rule, an agency shall choose an alternative that does not impose excessive regulatory costs 

on any regulated person or entity which costs could be reduced by a less expensive alternative 

that fully accomplishes the stated objectives of the statutes, the basis of the proposed rule.” 

In general, the proposed rules are required to comply with federal requirements or are 

administrative in nature. Therefore they do not impose excessive regulatory costs on any 

regulated person or entity, which costs could be reduced by a less expensive alternative that 

fully accomplishes the stated objectives of the Georgia Air Quality Act. 

KB:JPJ
Chapter 391-3-1 Rules for Air Quality Control 

 

C-14 

PROPOSED AMENDMENTS TO THE RULES OF THE

DEPARTMENT OF NATURAL RESOURCES 

ENVIRONMENTAL PROTECTION DIVISION 

RELATING TO AIR QUALITY, CHAPTER 391-3-1

The Rules of the Department of Natural Resources, Chapter 391-3-1, Air Quality Control are 

hereby amended, added to, repealed in part, revised, as hereinafter explicitly set forth in the 

attached amendments, additions, partial repeals, and revisions for specific rules, or such 

subdivisions thereof as may be indicated. 

[Note: Underlined text is proposed to be added. Lined-through text is proposed for 

deletion.] 

Rule 391-3-1-.01(llll), “Volatile organic compound,” subpart (llll), is amended to read as 

follows: 

(llll) “Volatile organic compound” (also denoted as VOC) means any organic compound which 

participates in atmospheric photochemical reactions; that is, any organic compound other than 

those which the Administrator of the U.S. Environmental Protection Agency designates as 

having negligible photochemical reactivity, including: carbon monoxide; carbon dioxide; carbonic 

acid; metallic carbides or carbonates; ammonium carbonate; methane; ethane; 1,1,1-

trichloroethane (methyl chloroform); methylene chloride; trichlorofluoromethane (CFC-11); 

dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC23); 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC114); chloropentafluoroethane (CFC-115); 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 2-

chloro-1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane (HFC-125); 1,1,2,2-

tetrafluoroethane (HFC-134); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1-dichloro 1-fluoroethane 

(HCFC-141b); 1-chloro 1,1-difluoroethane (HCFC-142b); 1,1,1-trifluoroethane (HFC-143a); 1,1-

difluoroethane (HFC-152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear 

completely methylated siloxanes; acetone; perchloroethylene (tetrachloroethylene); 3,3-

dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloro-1,1,2,2,3-pentafluoropropane 

(HCFC-225cb); 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC-43-10mee); difluoromethane (HFC32); ethylfluoride (HFC-161); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3-

pentafluoropropane (HFC-245ca); 1,1,2,3,3-pentafluoropropane (HFC-245ea); 1,1,1,2,3-

pentafluoropropane (HFC-245eb); 1,1,1,3,3-pentafluoropropane (HFC-245fa); 1,1,1,2,3,3-

hexafluoropropane (HFC-236ea); 1,1,1,3,3- pentafluorobutane (HFC-365mfc); 

chlorofluoromethane (HCFC-31); 1-chloro-1-fluoroethane (HCFC-151a); 1,2-dichloro-1,1,2-

trifluoroethane (HCFC-123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3); 2-

(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3); 1-ethoxy1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-

heptafluoropropane ((CF3)2CFCF2OC2H5); methyl acetate; 1,1,1,2,2,3,3-heptafluoro-3-

methoxy-propane (n-C3F7OCH3, HFE-7000); 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-

(trifluoromethyl) hexane (HFE-7500); 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea); methyl 

formate; t-butyl acetate; 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane, 
Chapter 391-3-1 Rules for Air Quality Control 

 

C-15 

propylene carbonate, dimethyl carbonate, trans-1,3,3,3-tetrafluoropropene,; HCF2OCF2H (HFE134); HCF2OCF2OCF2H (HFE-236cal2); HCF2OCF2CF2OCF2H (HFE-338pcc13); 

HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)); trans 1-

chloro-3,3,3-trifluoroprop-1-ene; 2,3,3,3-tetrafluoropropene; and four classes of 

perfluorocarbons (PFCs) as followsperfluorocarbon compounds which fall into these classes: 

1. Cyclic, branched, or linear, completely fluorinated alkanes; 

2. Cyclic, branched, or linear, completed fluorinated ethers, with no unsaturations; 

3. Cyclic, branched, or linear, completely fluorinated tertiary-amines with no unsaturations; 

4. Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon 

and fluorine; and 

5. VOC may be measured by the referenced method, an equivalent method, an alternate 

method or by procedures specified under 40 CFR Part 60. A referenced method, an equivalent 

method, or an alternate method, however, may also measure non-reactive organic compounds. 

In suchcases, an owner or operator may exclude the non-reactive organic compound when 

determining compliance with a standard. 

6. The following compound(s) are VOC for purposes of all recordkeeping, emissions reporting, 

photochemical dispersion modeling and inventory requirements which apply to VOC and shall 

be uniquely identified in emission reports, but are not VOC for purposes of VOC emissions 

limitations or VOC content requirements: t-butyl acetate. 

Rule 391-3-1-.01, “Definitions,” subpart (nnnn), is amended to read as follows: 

(nnnn) “Procedures for Testing and Monitoring Sources of Air Pollutants” or “PTM” means 

the Georgia Department of Natural Resources Procedures for Testing and Monitoring 

Sources of Air Pollutants dated February 8, 2013 February 7, 2014. 

Rule 391-3-1-.02(2)(www), “Sewage Sludge Incineration Units Constructed On or Before 

October 14, 2010,” is amended to read as follows: 

(www) Sewage Sludge Incineration Units Constructed On or Before October 14, 2010. 

1. The provisions of this subsection apply to each sewage sludge incineration (SSI) unit that is 

located at a wastewater treatment facility and that commenced construction on or before 

October 14, 2010 (hereinafter referred to as “existing SSI unit”). Physical or operational 

changes made at an existing SSI unit solely to comply with this subsection are not considered 

construction, reconstruction, or modification and would not subject an existing SSI unit to the 

requirements of 40 CFR Part 60, Subpart LLLL, which contains the “Standards of Performance 

for Sewage Sludge Incineration Units for Which Construction is Commenced After October 14, 

2010”. 

2. For the purposes of implementing the requirements and provisions of 40 CFR Part 60, 
Chapter 391-3-1 Rules for Air Quality Control 

 

C-16 

Subpart MMMM (Emission Guidelines and Compliance Times for Existing Sewage Sludge 

Incineration Units), each existing SSI unit shall comply with the standards, requirements, and 

provisions of 40 CFR Part 60, Subpart MMMM, as promulgated March 21, 2011, which are 

hereby incorporated and adopted by reference, with the following exceptions: 

(i) Emission Limits, Emission Standards, and Operating Limits and Requirements. In lieu of 40 

CFR 60.5170 through 60.5180, Sections 2.130.2 through 2.130.4 of the Georgia Department of 

Natural Resources Procedures for Testing and Monitoring Sources of Air Pollutants shall apply 

to each existing SSI unit. 

(ii) Initial and Continuous Compliance Requirements. In lieu of 40 CFR 60.5185 through 

60.5215, Sections 2.130.2 through 2.130.4 of the Georgia Department of Natural Resources 

Procedures for Testing and Monitoring Sources of Air Pollutants shall apply to each existing SSI 

unit. 

(iii) Performance Testing, Monitoring, and Calibration Requirements. In lieu of 40 CFR 60.5220 

through 60.5225, Sections 2.130.2 through 2.130.4 of the Georgia Department of Natural 

Resources Procedures for Testing and Monitoring Sources of Air Pollutants shall apply to each 

existing SSI unit. 

(iv) Record keeping and Reporting Requirements. In lieu of 40 CFR 60.5230 and 60.5235 (d, 

e, and g, h, and i), Sections 2.130.2 through 2.130.4 of the Georgia Department of Natural 

Resources Procedures for Testing and Monitoring Sources of Air Pollutants shall apply to each 

existing SSI unit. 

3. In keeping with subparagraph 2., owners and operators of existing SSI units must comply 

with Georgia’s state plan for existing SSI units, which is required by 40 CFR Part 60, Subpart 

MMMM. The owner or operator of each existing SSI unit shall comply with the requirements of 

391-3-1-.02(2)(www)(2) by March 21, 2016 or three years after the effective date of state plan 

approval by U.S. EPA, whichever is earlier. 

4. Each existing SSI unit is subject to the permitting requirements of 391-3-1-.03(10) “Title V 

Operating Permits”. Each owner or operator of an existing SSI unit shall submit a Title V 

application to the Division no later than March 21, 2014. 

5. Definitions of all terms used but not defined in this subsection shall have the meaning given 

to them in 40 CFR Part 60, Subpart MMMM, as amended. Terms not defined therein shall have 

the meaning given to them in the federal Clean Air Act or 40 CFR Part 60, Subparts A and B. 

For the purposes of this subsection the following definitions also apply: 

(i) The term “Administrator” as used in regulations adopted in this subsection shall mean the 

Director of the Georgia Environmental Protection Division. 

(ii) The term “EPA” as used in regulations adopted in this subsection shall mean the Georgia 

Environmental Protection Division. 

Rule 391-3-1-.02(4), “Ambient Air Standards,” is being amended to read as follows: 
Chapter 391-3-1 Rules for Air Quality Control 

 

C-17 

(4) Ambient Air Standards. 

(a) No person shall cause, suffer, permit, or allow the emission from any source the quantities 

of compounds listed below which would cause the ambient air concentrations listed to be 

exceeded. This does not exempt such sources from controlling their emissions to a point equal 

to or lower than the levels required to comply with a specific emission standard enumerated in 

other sections of these Rules. 

(b) Sulfur Dioxide. 

1. The concentration of sulfur dioxide at ground level for any three-hour period shall not exceed 

1300 micrograms per cubic meter for more than one such three-hour period per year. 

 

2. The concentration of sulfur dioxide at ground level for any twenty-four hour period shall not 

exceed 365 micrograms per cubic meter for more than one such twenty-four hour period per 

year. 

3. The annual arithmetic mean concentration of sulfur dioxide at ground level shall not exceed 

80 micrograms per cubic meter. 

4. The level of the 1-hour annual ambient air quality standard for oxides of sulfur is 75 parts per 

billion (ppb), measured in the ambient air as sulfur dioxide (SO2). Demonstration of attainment 

shall be determined in accordance with 40 CFR 50.17(b). 

5. The level of the standard shall be measured by a reference method based on Appendix A or 

A–1 of Part 50.17, or by a Federal Equivalent Method (FEM) designated in accordance with Part 

53 of this chapter. 

(c) Particulate Matter. 

1. PM10

(i) The concentration of PM10 in the ambient air for any 24-hour period shall not exceed 150 

micrograms per cubic meter for more than one such 24-hour period per year. The standard is 

attained when the expected number of days per calendar year with a 24-hour average 

concentration above 150 micrograms per cubic meter, as determined in accordance with 

Appendix K of 40 CFR Part 50 is equal to or less than 1. 

(ii) Repealed. 

(iii) PM10 shall be measured in the ambient air as PM10 (particles with an aerodynamic diameter 

less than or equal to a nominal ten micrometers) by a reference method based upon 40 CFR 

Part 50, Appendix J. 

2. PM2.5

(i) The 98th percentile 24-hour PM2.5 (particles with an aerodynamic diameter less than or 

equal to a nominal 2.5 micrometers) concentration shall not exceed 35 micrograms per cubic 
Chapter 391-3-1 Rules for Air Quality Control 

 

C-18 

meter. The 98th percentile 24-hour concentration is as determined in accordance with Appendix 

N of 40 CFR Part 50. 

(ii) The annual arithmetic mean concentration of PM2.5 in the ambient air shall not exceed 15.0 

12.0 micrograms per cubic meter. The standard is attained when the expected annual 

arithmetic mean concentration, as determined in accordance with Appendix N of 40 CFR Part 

50 is less than or equal to 15.012.0 micrograms per cubic meter. 

(iii) PM2.5 shall be measured in the ambient air as PM2.5 by reference method based upon 40 

CFR Part 50, Appendix L. 

(d) Carbon Monoxide. 

1. Carbon monoxide concentration, at ground level, shall not be allowed to exceed 40 

milligrams per cubic meter for a one-hour average or 10 milligrams per cubic meter for an eighthour average. Standard conditions for carbon monoxide measurements shall be considered to 

be 25oC and 760 mm Hg. 

2. The specified standard procedure for measuring ambient air concentrations of carbon 

monoxide shall be the non-dispersive infrared or equivalent method. 

(e) Ozone. 

1. Repealed. 

2. The 8-hour ambient air standard for ozone is 0.075 parts-per-million, daily maximum 8-hour 

average. The standard is attained when the average of the annual fourth-highest daily maximum 

8-hour average ozone concentration is less than or equal to 0.075 parts per million, as 

determined in accordance with appendix I of 40 CFR Part 50. 

3. The specific standard procedure for measuring ambient air concentrations of ozone shall be 

the Chemiluminescence or equivalent method. 

(f) Lead. 

1. The mean concentration of lead at ground level shall not exceed 0.15 micrograms per cubic 

meter, arithmetic mean concentration over a 3-month period. Demonstration of attainment shall 

be determined in accordance with 40 CFR 50.16(b). 

2. The specified standard procedure for measuring ambient air concentrations of lead shall be 

those required to comply with Federal law or other Federal authority. 

(g) Nitrogen Dioxide. 

1. The annual arithmetic mean concentration of oxides of nitrogen at ground level shall not 

exceed 53 parts per billion (ppb), measured in the ambient air as nitrogen dioxide. 

Demonstration of attainment shall be determined in accordance with 40 CFR 50.11(e) and (g). 
Chapter 391-3-1 Rules for Air Quality Control 

 

C-19 

2. The level of the 1-hour ambient air quality standard for oxides of nitrogen is 100 ppb, 1-hour 

average concentration, measured in the ambient air as nitrogen dioxide. Demonstration of 

attainment shall be determined in accordance with 40 CFR 50.11(f). 

3. The levels of the standards shall be measured in accordance with 40 CFR 50.11(d). 

Rule 391-3-1-.02(7), “Prevention of Significant Deterioration of Air Quality,” is being 

amended to read as follows: 

(7) Prevention of Significant Deterioration of Air Quality. 

(a) General Requirements.

1. The provisions of paragraph (7) shall apply to any source and the owner or operator of any 

source subject to any requirement under 40 Code of Federal Regulations (hereinafter, CFR), 

Part 52.21. The subparagraphs of Paragraph (7) that incorporate by reference paragraphs of 

40 CFR, Part 52.21 are as promulgated through July 20, 2011December 9, 2013, unless 

otherwise specified. The dates associated with the incorporation by reference of federal rules 

into this paragraph (7) refer to the dates of publication of the promulgated rules in the Federal 

Register. 

2. Definitions: For the purpose of this paragraph, 40 CFR, Part 52.21 (b) as amended, is 

hereby incorporated by reference with the following exceptions: 

(i) In lieu of the definition of “baseline actual emissions” as specified in paragraph (b)(48) of 40 

CFR, Part 52.21, the following shall apply: 

“Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated NSR 

pollutant, as determined in accordance with subparagraphs (7)(a)2.(i)(I) through (IV) of this rule. 

(I) For any existing electric utility steam generating unit, baseline actual emissions means the 

average rate, in tons per year, at which the unit actually emitted the pollutant during any 

consecutive 24-month period selected by the owner or operator within the 5-year period 

immediately preceding when the owner or operator begins actual construction of the project. 

The Director shall allow the use of a different time period upon a determination that it is more 

representative of normal source operation. 

I. The average rate shall include fugitive emissions to the extent quantifiable, and emissions 

associated with startups, shutdowns, and malfunctions. However, fugitive emissions and/or 

emissions associated with startups, shutdowns, and malfunctions shall or may be excluded in 

accordance with the following subparagraphs A and B. 

A. If fugitive emissions or emissions from startups, shutdowns, and/or malfunctions during the 

consecutive 24-month period selected by the owner or operator are not quantifiable and are 

therefore not included in the calculation of baseline actual emissions, then fugitive emissions or 

emissions from startups, shutdowns, and/or malfunctions, respectively, shall not be included in 

the calculation of projected actual emissions [as defined in subparagraph (7)(a)2.(ii) of this rule]. 
Chapter 391-3-1 Rules for Air Quality Control 

 

C-20 

B. The owner or operator may elect to omit malfunctions from the calculation of baseline actual 

emissions. If the owner or operator elects to do so, then malfunctions shall also be omitted from 

the calculation of projected actual emissions [as defined in subparagraph (7)(a)2.(ii) of this rule]. 

II. The average rate shall be adjusted downward to exclude any non-compliant emissions that 

occurred while the source was operating above an emission limitation that was legally 

enforceable during the consecutive 24-month period.

III. For a regulated NSR pollutant, when a project involves multiple emissions units, only one 

consecutive 24-month period may be used to determine the baseline actual emissions for the 

emissions units being changed. A different consecutive 24-month period can be used for each 

regulated NSR pollutant. 

IV. The average rate shall not be based on any consecutive 24-month period for which there is 

inadequate information for determining annual emissions, in tons per year, or for which there is 

inadequate information for adjusting this amount downward to exclude any non-compliant 

emissions as required by subparagraph (7)(a)2.(i)(I)II. of this rule. 

V. If any physical change(s) or change(s) in the method of operation subsequent to the 

consecutive 24-month period selected by the owner or operator resulted in a permanent change 

in the basic design parameter [as defined in subparagraph (7)(a)2.(viii) of this rule], not including 

the voluntary addition of air pollution control equipment or increase in removal or collection 

efficiency of existing air pollution control equipment, and thus resulted in a corresponding 

reduction in actual emissions of a regulated NSR pollutant, the baseline actual emissions shall 

be adjusted downward by a proportional reduction in emissions in tons per year or lbs/unit of 

production. 

VI. The average rate shall be adjusted downward to exclude any emissions that would have 

exceeded an emission limitation with which the major stationary source must currently comply, 

had such major source been required to comply with such limitations during the consecutive 24-

month period. However, if an emission limitation is part of a Maximum Available Control 

Technology (MACT) standard that the Administrator of U.S. EPA has proposed or promulgated 

under 40 CFR, Part 63, the baseline actual emissions need only be adjusted if the Division has 

taken credit for such emission reductions in an attainment demonstration or maintenance plan 

consistent with the requirements of 40 CFR, Part 51.165(a)(3)(ii)(G). 

(II) For an existing emissions unit (other than an electric utility steam generating unit), baseline 

actual emissions means the average rate, in tons per year, at which the emissions unit actually 

emitted the pollutant during any consecutive 24-month period selected by the owner or operator 

within the 10-year period immediately preceding either the date the owner or operator begins 

actual construction of the project, or the date a complete permit application is received by the 

Division for a permit required under this paragraph or by the reviewing authority for a permit 

required by a plan, whichever is earlier. 

I. The average rate shall include fugitive emissions to the extent quantifiable, and emissions 

associated with startups, shutdowns, and malfunctions. However, fugitive emissions and/or 

emissions associated with startups, shutdowns, and malfunctions shall or may be excluded in 

accordance with the following subparagraphs A and B. 
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A. If fugitive emissions or emissions from startups, shutdowns, and/or malfunctions during the 

consecutive 24-month period selected by the owner or operator are not quantifiable and are 

therefore not included in the calculation of baseline actual emissions, then fugitive emissions or 

emissions from startups, shutdowns, and/or malfunctions, respectively, shall not be included in 

the calculation of projected actual emissions (as defined in subparagraph (7)(a)2.(ii) of this rule). 

B. The owner or operator may elect to omit malfunctions from the calculation of baseline actual 

emissions. If the owner or operator elects to do so, then malfunctions shall also be omitted from 

the calculation of projected actual emissions [as defined in subparagraph (7)(a)2.(ii) of this rule]. 

 

II. The average rate shall be adjusted downward to exclude any non-compliant emissions that 

occurred while the source was operating above an emission limitation that was legally 

enforceable during the consecutive 24-month period.

III. The average rate shall be adjusted downward to exclude any emissions that would have 

exceeded an emission limitation with which the major stationary source must currently comply, 

had such major stationary source been required to comply with such limitations during the 

consecutive 24-month period. However, if an emission limitation is part of a Maximum 

Achievable Control Technology (MACT) standard that the Administrator of U.S. EPA has 

proposed or promulgated under 40 CFR, Part 63, the baseline actual emissions need only be 

adjusted if the Division has taken credit for such emissions reductions in an attainment 

demonstration or maintenance plan consistent with the requirements of 40 CFR, Part 

51.165(a)(3)(ii)(G). 

IV. For a regulated NSR pollutant, when a project involves multiple emissions units, only one 

consecutive 24-month period may be used to determine the baseline actual emissions for all the 

emissions units being changed. A different consecutive 24-month period can be used for each 

regulated NSR pollutant. 

V. The average rate shall not be based on any consecutive 24-month period for which there is 

inadequate information for determining annual emissions, in tons per year, or for which there is 

inadequate information for adjusting this amount downward to exclude any non-compliant 

emissions as required by subparagraph (7)(a)2.(i)(II)II or III. of this rule. 

VI. If any physical change(s) or change(s) in the method of operation subsequent to the 

consecutive 24-month period selected by the owner or operator resulted in a permanent change 

in the basic design parameter [as defined in subparagraph (7)(a)2.(viii) of this Rule], not 

including the voluntary addition of air pollution control equipment or increase in removal or 

collection efficiency of existing air pollution control equipment, and thus resulted in a 

corresponding reduction in actual emissions of a regulated NSR pollutant, the baseline actual 

emissions shall be adjusted downward by a proportional reduction in emissions in tons per year 

or lbs/unit of production. 

 

(III) For a new emissions unit, the baseline actual emissions for purposes of determining the 

emissions increase that will result from the initial construction and operation of such unit shall 

equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit [as long 

as the unit remains a “new emissions unit” as defined in 40 CFR, Part 52.21(b)(7)(i)]. 
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(IV) For a PAL for a stationary source, the baseline actual emissions shall be calculated for 

existing electric utility steam generating units in accordance with the procedures contained in 

subparagraph (7)(a)2.(i)(I) of this rule, for other existing emissions units in accordance with the 

procedures contained in subparagraph (7)(a)2.(i)(II) of this rule, and for a new emissions unit in 

accordance with the procedures contained in subparagraph (7)(a)2.(i)(III) of this rule. For 

existing emission units, the baseline actual emissions shall be based on any consecutive 24-

month period selected by the operator within the appropriate PAL baseline period. For existing 

electric steam generating units, the PAL baseline period is the 5-year period (or different period 

allowed by the Director that is more representative or normal source operation) immediately 

preceding submission of a complete PAL application to the Division. For other existing emission 

units, the PAL baseline period is the 10-year period immediately preceding submission of a 

complete PAL permit application to the Division. 

(ii) In lieu of the definition of “projected actual emissions” as specified in paragraph (b)(41) of 40 

CFR, Part 52.21, the following shall apply: 

(I) “Projected actual emissions” means the maximum annual rate, in tons per year, at which an 

existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five 

years (12-month period) following the date the unit resumes regular operation after the project, 

or in any one of the 10 years following that date, if the project involves increasing the emissions 

unit's design capacity or its potential to emit that regulated NSR pollutant and full utilization of 

the unit would result in a significant emissions increase or a significant net emissions increase 

at the major stationary source. 

(II) In determining the projected actual emissions under subparagraph (7)(a)2.(ii)(I) (before 

beginning actual construction), the owner or operator of the major stationary source: 

I. Shall consider all relevant information, including but not limited to, historical operational data, 

the company's own representations, the company's expected business activity and the 

company's highest projections of business activity, the company's filings with the State or 

Federal regulatory authorities, and compliance plans under the approved State Implementation 

Plan; and 

II. Shall include fugitive emissions to the extent quantifiable and emissions associated with 

startups, shutdowns, and malfunctions. However, fugitive emissions and/or emissions 

associated with startups, shutdowns, and malfunctions shall or may be excluded in accordance 

with the following subparagraphs A, B, and C. 

A. If projected fugitive emissions or emissions from startups, shutdowns, and/or malfunctions 

are not quantifiable and are therefore not included in the calculation of projected actual 

emissions, then fugitive emissions or emissions from startups, shutdowns, and/or malfunctions, 

respectively, shall not be included in the calculation of baseline actual emissions [as defined in 

subparagraph (7)(a)2.(i) of this rule]. 

B. The owner or operator may elect to omit malfunctions from the calculation of projected actual 

emissions. If the owner or operator elects to do so, then malfunctions shall also be omitted from 

the calculation of baseline actual emissions [as defined in subparagraph (7)(a)2.(i) of this rule]. 
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C. If the project involves increasing the emissions unit's design capacity or its potential to emit 

that regulated NSR pollutant and the increase in projected emissions associated with startups, 

shutdowns, and malfunctions is not proportional to the increase in the emission unit’s design 

capacity or its potential to emit that regulated NSR pollutant, the owner or operator must include 

with the information required under subparagraph (7)(b)15.(i)(I) of this rule documentation that 

supports the projected emissions associated with startups, shutdowns, and malfunctions 

subsequent to completion of the project; and 

III. May exclude, in calculating any increase in emissions that results from the particular project, 

that portion of the unit's emissions following the project that an existing unit could have 

accommodated during the consecutive 24-month period used to establish the baseline actual 

emissions under subparagraph (7)(a)2.(i) of this rule and that is also unrelated to the particular 

project, including any increased utilization due to product demand growth (the increase in 

emissions that may be excluded under this subparagraph shall hereinafter be referred to as 

“demand growth emissions”); 

A. If the project involves increasing the emissions unit's design capacity or its potential to emit 

that regulated NSR pollutant, the owner or operator shall either: 

(A) not exclude demand growth emissions, or 

(B) must include in the information required under subparagraph (7)(b)15.(i)(I) of this 

paragraph, documentation that demand growth emissions are emissions that the emissions unit 

could have accommodated during the consecutive 24-month period used to establish the 

baseline actual emissions, are not related to the particular project, and are due to product 

demand growth; must have documentation supporting the portion of the emissions increase that 

is due to demand growth; and, following the change, must be able to track the emissions 

increase due to demand growth; or 

IV. In lieu of using the method set out in subparagraphs (7)(a)2.(ii)(II)I. through III. of this rule, 

may elect to use the emissions unit's potential to emit, in tons per year, as defined under 

paragraph (b)(4) of 40 CFR, Part 52.21. 

(iii) The definition of “major stationary source” contained in 40 CFR, Part 52.21(b)(1) is hereby 

incorporated by reference except as follows: 

(I) Subparagraph (i)(b) shall read as follows: Notwithstanding the stationary source size 

specified in paragraph (b)1.(i)(a) of this section, any stationary source which emits, or has the 

potential to emit, 250 tons-per-year or more of a regulated NSR pollutant; or

(iv) The definition and use of the term “subject to regulation” in 40 CFR, Part 52.21, as 

amended June 3, 2010, is hereby incorporated by reference; provided, however, that in the 

event all or any portion of 40 CFR, Part 52.21 containing that term is: 

(I) declared or adjudged to be invalid or unconstitutional or stayed by the United States Court of 

Appeals for the Eleventh Circuit or for the District of Columbia Circuit; or 
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(II) withdrawn, repealed, revoked or otherwise rendered of no force and effect by the United 

States Environmental Protection Agency, Congress, or Presidential Executive Order. 

Such action shall render the regulation as incorporated herein, or that portion thereof that may 

be affected by such action, as invalid, void, stayed, or otherwise without force and effect for 

purposes of this rule upon the date such action becomes final and effective; provided, further, 

that such declaration, adjudication, stay, or other action described herein shall not affect the 

remaining portions, if any, of the regulation as incorporated herein, which shall remain of full 

force and effect as if such portion so declared or adjudged invalid or unconstitutional or stayed 

or otherwise invalidated or effected were not originally a part of this rule. The Board declares 

that it would have incorporated the remaining parts of the federal regulation if it had known that 

such portion thereof would be declared or adjudged invalid or unconstitutional or stayed or 

otherwise rendered of no force and effect; 

(v) The definition of “potential to emit” contained in 40 CFR, Part 52.21(b)(4), shall be modified 

as follows: 

(I) The phrase “is federally enforceable” shall read “is federally enforceable or enforceable as a 

practical matter.” 

(vi) The definition of “allowable emissions” contained in 40 CFR, Part 52.21(b)(16), shall be 

modified as follows: 

(I) The phrase “unless the source is subject to federally enforceable limits which restrict the 

operating rate, or hours of operation, or both” shall read, “unless the source is subject to 

enforceable limits which restrict the operating rate, or hours of operation, or both.” 

(II) paragraph (iii) shall read as follows: The emissions rate specified as an enforceable permit 

condition, including those with a future compliance date. 

(vii) The following shall be added to the definition of “major source baseline date” contained in 

40 CFR, Part 52.21(b)(14): 

(I) Baseline dates established prior to April 19, 2006, will remain in effect. 

(viii) In lieu of paragraph (b)(33)(iii) of the definition of “replacement unit” as specified in 

paragraph (b)(33) of 40 CFR, Part 52.21, the following shall apply: 

The replacement does not alter the basic design parameters of the process unit. Basic design 

parameters are defined as follows: 

(I) Except as provided in subparagraph (7)(a)2.(viii)(III) of this rule, for a process unit at a steam 

electric generating facility, the owner or operator may select as its basic design parameters 

either maximum hourly heat input and maximum hourly fuel consumption rate or maximum 

hourly electric output rate and maximum steam flow rate. When establishing fuel consumption 

specifications in terms of weight or volume, the minimum fuel quality based on British Thermal 

Units content shall be used for determining the basic design parameter(s) for a coal-fired 

electric utility steam generating unit. 
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(II) Except as provided in subparagraph (7)(a)2.(viii)(III) of this rule, the basic design 

parameter(s) for any process unit that is not at a steam electric generating facility are maximum 

rate of fuel or heat input, maximum rate of material input, or maximum rate of product output. 

Combustion process units will typically use maximum rate of fuel input. For sources having 

multiple end products and raw materials, the owner or operator should consider the primary 

product or primary raw material when selecting a basic design parameter. 

(III) If the owner or operator believes the basic design parameter(s) in subparagraphs 

(7)(a)2.(viii)(I) and (II) of this rule is (are) not appropriate for a specific industry or type of 

process unit, the owner or operator may propose to the Division an alternative basic design 

parameter(s) for the source's process unit(s). If the Director approves of the use of an 

alternative basic design parameter(s), he or she shall issue a permit that is legally enforceable 

that records such basic design parameter(s) and requires the owner or operator to comply with 

such parameter(s). 

(IV) The owner or operator shall use credible information, such as results of historic maximum 

capability tests, design information from the manufacturer, or engineering calculations, in 

establishing the magnitude of the basic design parameter(s) specified in subparagraphs 

(7)(a)2.(viii)(I) and (II) of this rule. 

(V) If design information is not available for a process unit, then the owner or operator shall 

determine the process unit's basic design parameter(s) using the maximum value achieved by 

the process unit in the 5-year period immediately preceding the planned activity. 

(VI) Efficiency of a process unit is not a basic design parameter. 

(ix) In lieu of the definition of “Regulated NSR pollutant” as specified in paragraph (b)(50) of 40 

CFR, Part 52.21, the following shall apply: 

“Regulated NSR pollutant” means the following: 

(I) Any pollutant for which a national ambient air quality standard has been promulgated and any 

pollutant identified under this subparagraph as a constituent or precursor for such pollutant. 

Precursors are the following: 

I. Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and 

unclassifiable areas. 

II. Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas. 

III. Nitrogen oxides are not precursors to PM2.5 in all attainment and unclassifiable areas. The 

provisions in this subparagraph (III) become effective upon U.S. EPA’s approval of this provision 

into Georgia’s State Implementation Plan. 

(II) Any pollutant that is subject to any standard promulgated under section 111 of the Act; 
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(III) Any Class I or II substance subject to a standard promulgated under or established by title 

VI of the Act; 

(IV) Any pollutant that otherwise is subject to regulation under the Act as defined in 

subparagraph (a)2.(iv) of this paragraph. 

(V) Notwithstanding subparagraphs (a)2.(ix) of this paragraph, the term regulated NSR pollutant 

shall not include any or all hazardous air pollutants either listed in section 112 of the Act, or 

added to the list pursuant to section 112(b)(2) of the Act, and which have not been delisted 

pursuant to Section 112(b)(3) of the Act, unless the listed hazardous air pollutant is also 

regulated as a constituent or precursor of a general pollutant listed under section 108 of the Act. 

(VI) Particulate matter (PM) emissions, PM2.5 emissions and PM10 emissions shall include 

gaseous emissions from a source or activity which condense to form particulate matter at 

ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall 

be accounted for in applicability determinations and in establishing emissions limitations for PM, 

PM2.5 and PM10 in PSD permits. Compliance with emissions limitations for PM2.5 and PM10 

issued prior to this date shall not be based on condensable particulate matter unless required by 

the terms and conditions of the permit or the applicable implementation plan. Unless otherwise 

stated in the permit, compliance with emissions limitations for PM, PM2.5 and PM10 issued 

prior to this date shall not be based on condensable particulate matter. Applicability 

determinations made prior to this date without accounting for condensable particulate matter 

shall not be considered in violation of this paragraph unless the applicable implementation plan 

required condensable particulate matter to be included. 

 

(x) [reserved] 

(xi) In the definition of “net emissions increase” as specified in paragraph (b)(3) of 40 CFR Part 

52.21, paragraphs (iii)(b) and (vi)(d), related to increases and decreases at a clean unit, are not 

adopted. 

3. Applicability procedures: 40 CFR, Part 52.21(a)(2), as amended, is hereby incorporated and 

adopted by reference. 

4. Except as noted below, the word “Administrator” as used in regulations adopted by reference 

in this paragraph shall mean the “Director” as defined in 391-3-1-.01(q). For the following 

provisions adopted by reference in this paragraph, the word “Administrator” shall mean the 

Administrator of the U.S. Environmental Protection Agency or, where allowable, his or her 

designee. 

(i) 40 CFR, Part 52.21(b)(17), Definition of “Federally Enforceable” 

(ii) 40 CFR, Part 52.21(b)(37)(i), First Paragraph within the Definition of “Repowering” 

(iii) 40 CFR, Part 52.21(b)(43), Definition of “Prevention of Significant Deterioration (PSD)” 

(iv) 40 CFR, Part 52.21(b)(51), Definition of “Reviewing Authority” 
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(v) 40 CFR, Part 52.21(g), Redesignation 

(vi) 40 CFR, Part 52.21(l), Air Quality Models 

(vii) 40 CFR, Part 52.21(p)(2), Federal Land Manager 

(viii) 40 CFR, Part 52.21(o)(3), Visibility Monitoring 

(b) Prevention of Significant Deterioration Standards. 

1. Ambient air increments: 40 CFR, Part 52.21(c), as amended, is hereby incorporated and 

adopted by reference. 

2. Ambient air ceilings: 40 CFR, Part 52.21(d), as amended, is hereby incorporated and 

adopted by reference. 

3. Restrictions on area classifications: 40 CFR, Part 52.21(e), as amended, is hereby 

incorporated and adopted by reference. 

4. Redesignation: 40 CFR, Part 52.21(g), as amended, is hereby incorporated and adopted by 

reference. 

5. Stack heights: 40 CFR, Part 52.21(h), as amended, is hereby incorporated and adopted by 

reference. 

6. Exemptions: 40 CFR Part 52.21(i), as amended, is hereby incorporated and adopted by 

reference. 

7. Control technology review: 40 CFR, Part 52.21(j), as amended, is hereby incorporated and 

adopted by reference. 

8. Source impact analysis: 40 CFR, Part 52.21(k), as amended, is hereby incorporated and 

adopted by reference. 

9. Air quality models: 40 CFR, Part 52.21(l), as amended, is hereby incorporated and adopted 

by reference. 

10. Air quality analysis: 40 CFR, Part 52.21(m), as amended, is hereby incorporated and 

adopted by reference. 

11. Source information: 40 CFR, Part 52.21(n), as amended, is hereby incorporated and 

adopted by reference with the following exception: 

(i) The first sentence of paragraph (n)(1) shall read as follows, “With respect to a source or 

modification to which paragraphs (j), (l), (o) and (p) of this section apply, such information shall 

include:” 

12. Additional impact analyses: 40 CFR, Part 52.21(o), as amended, is hereby incorporated 
Chapter 391-3-1 Rules for Air Quality Control 

 

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and adopted by reference. 

13. Sources impacting federal class I areas - additional requirements: 40 CFR, Part 52.21(p), 

as amended, is hereby incorporated and adopted by reference with the following exception: 

(i) The beginning of paragraph (p)(8) should read “In the case of a permit issued pursuant to 

paragraph (p) (6) or (7) of this section...” 

14. Public participation: 40 CFR, Part 52.21(q), as amended, is hereby incorporated and 

adopted by reference. 

15. Source obligation: 40 CFR, Part 52.21(r), as amended, is hereby incorporated and adopted 

by reference with the following exceptions: 

(i) In lieu of the provisions of paragraph (r)(6), the following shall apply: 

The provisions of this subparagraph 15(i) apply to projects at an existing emissions unit at a 

major stationary source (other than projects at a source with a PAL) that are required to obtain a 

permit under the Construction (SIP) Permit requirements of paragraph 391-3-1-.03(1) of these 

rules and the owner or operator elects to use the method specified in Subparagraph 

(7)(a)2.(ii)(II)I. through III. of this rule for calculating projected actual emissions. 

(I) Before beginning actual construction of the project, the owner or operator shall document 

and maintain a record of the following information:

I. A description of the project; 

II. Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could 

be affected by the project; and 

III. A description of the applicability test used to determine that the project is not a major 

modification for any regulated NSR pollutant, including the baseline actual emissions, the 

projected actual emissions, the amount of emissions excluded under Subparagraph 

(7)(a)2.(ii)(II)III. of this rule and an explanation for why such amount was excluded, and any 

netting calculations, if applicable. 

IV. The records required in subparagraph (7)(b)15.(i)(I) of this rule shall be retained for a period 

of 10 years following resumption of regular operations after the change, or for a period of 15 

years following resumption of regular operations after the change if the project increases the 

design capacity of or potential to emit of a regulated NSR pollutant at such emissions unit. 

(II) The owner or operator shall provide a copy of the information set out in Subparagraph 

(7)(b)15.(i)(I) of this rule with the application for construction required under paragraph 391-3-1-

.03(1) of these rules. 

(III) The owner or operator shall monitor the emissions of any regulated NSR pollutant that 

could increase as a result of the project and that is emitted by any emissions unit identified in 

subparagraph (7)(b)15.(i)(I)II. of this rule, and calculate and maintain a record of the annual 
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emissions, in tons-per-year on a calendar year basis, for a period of five years following 

resumption of regular operations after the change, or for a period of ten years following 

resumption of regular operations after the change if the project increases the design capacity of 

or potential to emit that regulated NSR pollutant at such emissions unit. These records shall be 

retained for a period of five years past the end of each calendar year. If an owner or operator is 

required to or elects to exclude emissions associated with startups, shutdowns, and/or 

malfunctions from estimations of projected actual emissions for PSD applicability purposes as 

allowed by subparagraph (7)(a)2.(ii)(II)II. of this rule, the owner or operator may exclude such 

emissions from the calculation of annual emissions.

(IV) If the owner or operator excluded demand growth emissions from the projected actual 

emissions for a project and that project is subject to the requirements of subparagraph 

(7)(a)2.(ii)(II)III.A.(B) of this rule, the owner or operator shall calculate the actual increase in 

emissions due to demand growth, in tons per year on a calendar year basis, for a period 10 

years following resumption of regular operations after the change. These records shall be 

retained for a period of five years past the end of each calendar year. 

(V) The owner or operator shall submit a report to the Division within 60 days after the end of 

each year during which records must be generated under subparagraphs (7)(b)15.(i)(III) and 

(IV) of this rule setting out the unit's annual emissions and, if applicable, the unit’s actual 

increase in emissions due to demand growth during the calendar year that preceded submission 

of the report. 

16. Innovative control technology: 40 CFR, Part 52.21(v), as amended, is hereby incorporated 

and adopted by reference. 

17. Permit rescission: 40 CFR, Part 52.21(w), as amended, is hereby incorporated and 

adopted by reference with the following exceptions:

(i) Paragraph (1) of 40 CFR, Part 52.21(w) shall read as follows: Any permit issued under this 

section or a prior version of this section shall remain in effect, unless and until it expires under 

paragraph (r) of this section or is rescinded. 

(ii) Paragraph (3) of 40 CFR, Part 52.21(w) shall read as follows: The Director may grant an 

application for rescission if the application shows that this section, as it existed at the time the 

permit was issued, would not apply to the source or modification. 

18. [reserved] 

19. [reserved] 

20. [reserved] 

21. Actuals PALs: 40 CFR, Part 52.21(aa), as amended, is hereby incorporated by reference 

with the following exceptions: 

(i) [reserved] 
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(ii) In lieu of the public participation requirements for PALs of 40 CFR, Part 52.21(aa)(5), PALs 

for existing major stationary sources shall be established, renewed, or increased through the 

procedures for Title V Permit issuance, renewal, and reopenings, and revisions specified in 

subparagraph 391-3-1-.03(10)(e) of these rules. 

(iii) In addition to the provisions for setting the 10-year actual PAL level specified in 40 CFR, 

Part 52.21(aa)(6)(i), the PAL level shall be adjusted downward to exclude any non-compliant 

emissions that occurred while the source was operating above any emission limitation that was 

legally enforceable during the consecutive 24-month period used to determine the baseline 

actual emissions for the PAL pollutant. 

(iv) In lieu of the provisions of 40 CFR, Part 52.21(aa)(6)(ii), the following shall apply: 

For newly constructed units (which do not include modifications to existing units) on which 

actual construction began after the consecutive 24-month period selected for setting the 10-year 

actuals PAL level, in lieu of adding the baseline emissions as specified in paragraph (aa)(6)(i) of 

40 CFR, Part 52.21, the emissions must be added to the PAL level as follows: 

(I) For an emissions unit on which actual operation commenced less than 36 months prior to 

submission of a complete PAL permit application, the emissions must be added to the PAL level 

in an amount equal to the potential to emit of the unit. 

(II) For an emissions unit on which actual operation commenced greater than or equal to 36 

months and less than 48 months prior to submission of a complete PAL permit application, the 

emissions must be added in an amount equal to the rate, in tons per year, at which the unit 

actually emitted the PAL pollutant during any consecutive 12-month period, selected by the 

owner or operator, that preceded submission of the PAL permit application. 

(III) For an emissions unit on which actual operation commenced greater than or equal to 48 

months prior to submission of a complete PAL permit application, the emissions must be added 

in an amount equal to the average rate, in tons per year, at which the unit actually emitted the 

PAL pollutant during any consecutive 24-month period, selected by the owner or operator, that 

preceded submission of the PAL permit application. 

(v) In addition to the contents of the PAL permit specified in 40 CFR, Part 52.21(aa)(7), the PAL 

permit must contain a requirement that emissions calculations for compliance purposes must 

include non-compliant emissions that occurred while the source was operating above any 

emission limitation that was legally enforceable and that were in excess of that allowed by any 

state or Federal air quality regulation or permit condition. 

(vi) In lieu of the provisions of 40 CFR, Part 52.21(aa)(8)(ii)(c), the following shall apply: 

All reopenings shall be carried out in accordance with the procedures for Title V Permit 

issuance, renewal, and reopenings, and revisions specified in subparagraph 391-3-1-.03(10)(e) 

of these rules. 

(vii) In lieu of the provisions for PAL adjustment in 40 CFR, Part 52.21(aa)(10)(iv), the following 

shall apply: 

PAL adjustment. The Director shall set the PAL level for a renewed PAL permit in accordance 
Chapter 391-3-1 Rules for Air Quality Control 

 

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with subparagraphs (7)(b)21.(vii)(I) and (II) of this rule. However, in no case may any PAL level 

fail to comply with subparagraph (7)(b)21.(vii)(III) of this rule. 

(I) If the emissions level calculated in accordance with paragraph (aa)(6) of 40 CFR, Part 52.21 

and subparagraphs (7)(b)21.(iii) and (iv) of this rule is equal to or greater than 80 percent of the 

PAL level, the Director may renew the PAL at the same level. If the emissions level calculated 

in accordance with (aa)(6) of 40 CFR, Part 52.21 and subparagraphs (7)(b)21.(iii) and (iv) of this 

rule is less than 80 percent of the PAL level, the Director may renew the PAL at a level 

determined using the procedures set forth in 40 CFR, Part 52.21(aa)(6) and subparagraphs 

(7)(b)21.(iii) and (iv) of this rule. 

(II) The Director may set the PAL at a level that he or she determines to be more representative 

of the source's baseline actual emissions, or that he or she determines to be more appropriate 

considering air quality needs, advances in control technology, anticipated economic growth in 

the area, desire to reward or encourage the source's voluntary emissions reductions, or other 

factors as specifically identified by the Director in his or her written rationale. 

(III) Notwithstanding subparagraphs (7)(b)21.(vii)(I) and (II) of this rule: 

I. If the potential to emit of the major stationary source is less than the PAL, the Director shall 

adjust the PAL to a level no greater than the potential to emit of the source; and 

II. The Director shall not approve a renewed PAL level higher than the current PAL, unless the 

major stationary source has complied with the provisions of paragraph (aa)(11) of 40 CFR, Part 

52.21 (increasing a PAL). 

(viii) The following is added to the list of acceptable general monitoring approaches listed in 40 

CFR, Part 52.21(aa)(12)(ii). 

(I) Mass balance calculations for sulfur dioxide emissions from fuel combustion. 

(ix) The mass balance calculation requirements of 40 CFR, Part 52.21(aa)(12)(iii) shall apply 

for mass balance calculations for sulfur dioxide emissions from fuel combustion. 

(x) The data relied upon, including, but not limited to, any quality assurance or quality control 

data, in calculating the monthly and annual PAL pollutant emissions shall not be submitted with 

the semiannual report as specified in paragraph (aa)(14)(i)(c) of 40 CFR, Part 52.21, but shall 

be retained in permanent form suitable for inspection and submission to the Division. The 

records shall be retained for at least five years following the end of each calendar year. 

(xi) Paragraph 40 CFR 52.21 (aa)(12)(i)(b) shall read as follows: The PAL monitoring system 

must employ one of the general monitoring approaches meeting the minimum requirements set 

forth in paragraph (aa)(12)(ii) of this section and must be approved by the Director. 

391-3-1-.02(8)(b), New Source Performance Standards, is being amended to read as follows: 

(8) New Source Performance Standards.
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(b) New Source Performance Standards. 

1. General Provisions. For purposes of applying New Source Performance Standards, 40 CFR, 

Part 60, Subpart A (excluding 60.4 and 60.9), as amended January 30, 2013, is hereby 

incorporated and adopted by reference. The word “Administrator” as used in regulations 

adopted in this paragraph shall mean the Director of EPD. 

2. Standards of Performance for Fossil-fuel Fired Steam Generators: 40 CFR, Part 60, subpart 

D, as amended February 16, 2012, is hereby incorporated and adopted by reference. 

3. Standards of Performance for Electric Utility Steam Generating Units: 40 CFR, Part 60, 

Subpart Da, as amended April 19, 2012April 24, 2013, is hereby incorporated and adopted by 

reference. 

4. Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units: 40 

CFR, Part 60, Subpart Db, as amended February 16, 2012, is hereby incorporated and adopted 

by reference. 

5. Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating 

Units: 40 CFR, Part 60, Subpart Dc, as amended February 16, 2012, is hereby incorporated and 

adopted by reference. 

6. Standards of Performance for Incinerators: 40 CFR, Part 60, Subpart E, as amended May 10, 

2006, is hereby incorporated and adopted by reference. 

7. Standards of Performance for Municipal Waste Combustors: 40 CFR, Part 60, Subpart Ea, as 

amended October 17, 2000, is hereby incorporated and adopted by reference. 

8. Standards of Performance for Portland Cement Plants: 40 CFR, Part 60, Subpart F, as 

amended May 17, 2011February 12, 2013, is hereby incorporated and adopted by reference. 

9. Standards of Performance for Nitric Acid Plants: 40 CFR, Part 60, Subpart G, as amended 

August 14, 2012, is hereby incorporated and adopted by reference. 

10. Standards of Performance for Sulfuric Acid Plants: 40 CFR, Part 60, Subpart H, as 

amended October 17, 2000, is hereby incorporated and adopted by reference. 

11. Standards of Performance for Asphalt Concrete Plants: 40 CFR, Part 60, Subpart I, as 

amended February 14, 1989, is hereby incorporated and adopted by reference. 

12. Standards of Performance for Petroleum Refineries: 40 CFR, Part 60, Subpart J, as 

amended September 12, 2012, is hereby incorporated and adopted by reference. 

13. Standards of Performance for Storage Vessels for Petroleum Liquids: 40 CFR, Part 60, 

Subpart K, as amended October 17, 2000, is hereby incorporated and adopted by reference. 
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14. Standards of Performance for Storage Vessels for Petroleum Liquids: 40 CFR, Part 60, 

Subpart Ka, as amended December 14, 2000, is hereby incorporated and adopted by reference. 

15. Standards of Performance for Volatile Organic Liquid Storage Vessels: 40 CFR, Part 60, 

Subpart Kb, as amended October 15, 2003, is hereby incorporated and adopted by reference. 

16. Standards of Performance for Secondary Lead Smelters: 40 CFR, Part 60, Subpart L, as 

amended October 17, 2000, is hereby incorporated and adopted by reference. 

17. Standards of Performance for Secondary Brass and Bronze Ingot Production Plants: 40 

CFR, Part 60, Subpart M, as amended October 17, 2000, is hereby incorporated and adopted 

by reference. 

18. Standards of Performance for Iron and Steel Plants: 40 CFR, Part 60, Subpart N, as 

amended October 17, 2000, is hereby incorporated and adopted by reference. 

19. Standards of Performance for Secondary Emissions from Basic Oxygen Process 

Steelmaking Facilities for Which Construction is Commenced After January 20, 1983: 40 CFR, 

Part 60, Subpart Na, as amended October 17, 2000, is hereby incorporated and adopted by 

reference. 

20. Standards of Performance for Sewage Treatment Plants: 40 CFR, Part 60, Subpart 0, as 

amended October 17, 2000, is hereby incorporated and adopted by reference. 

21. Standards of Performance for Primary Copper Smelters: 40 CFR, Part 60, Subpart P, as 

amended October 17, 2000, is hereby incorporated and adopted by reference. 

22. Standards of Performance for Primary Zinc Smelters: 40 CFR, Part 60, Subpart Q, as 

amended February 14, 1989, is hereby incorporated and adopted by reference. 

23. Standards of Performance for Primary Lead Smelters: 40 CFR, Part 60, Subpart R, as 

amended February 14, 1989, is hereby incorporated and adopted by reference. 

24. Standards of Performance for Primary Aluminum Reduction Plants: 40 CFR, Part 60, 

Subpart S, as amended October 17, 2000, is hereby incorporated and adopted by reference. 

25. Standards of Performance for the Phosphate Fertilizer Industry: Wet-Process Phosphoric 

Acid Plants: 40 CFR, Part 60, Subpart T, as amended October 17, 2000, is hereby incorporated 

and adopted by reference. 

26. Standards of Performance for the Phosphate Fertilizer Industry: Superphosphoric Acid 

Plants: 40 CFR, Part 60, Subpart U, as amended October 17, 2000, is hereby incorporated and 

adopted by reference. 
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27. Standards of Performance for the Phosphate Fertilizer Industry: Diammonium Phosphate 

Plants: 40 CFR, Part 60, Subpart V, as amended October 17, 2000, is hereby incorporated and 

adopted by reference. 

28. Standards of Performance for the Phosphate Fertilizer Industry: Triple Superphosphate 

Plants: 40 CFR, Part 60, Subpart W, as amended October 17, 2000, is hereby incorporated and 

adopted by reference. 

29. Standards of Performance for the Phosphate Fertilizer Industry: Granular Triple 

Superphosphate Storage Facilities: 40 CFR, Part 60, Subpart X, as amended October 17, 2000, 

is hereby incorporated and adopted by reference. 

30. Standards of Performance for Coal Preparation Plants: 40 CFR, Part 60, Subpart Y, as 

amended October 8, 2009, is hereby incorporated and adopted by reference. 

31. Standards of Performance for Ferroalloy Production Facilities: 40 CFR, Part 60, Subpart Z, 

as amended October 17, 2000, is hereby incorporated and adopted by reference. 

32. Standards of Performance for Steel Plants: Electric Arc Furnaces: 40 CFR, Part 60, Subpart 

AA, as amended February 22, 2005, is hereby incorporated and adopted by reference. 

33. Standards of Performance for Steel Plants. Electric Arc Furnaces and Argon-Oxygen 

Decarburization Vessels Constructed After August 17, 1983: 40 CFR 60, Subpart AAa, as 

amended February 22, 2005, is hereby incorporated and adopted by reference. 

34. Standards of Performance for Kraft Pulp Mills: 40 CFR, Part 60, Subpart BB, as amended 

September 21, 2006, is hereby incorporated and adopted by reference. 

35. Standards of Performance for Glass Manufacturing Plants: 40 CFR, Part 60, Subpart CC, as 

amended October 17, 2000, is hereby incorporated and adopted by reference. 

36. Standards of Performance for Grain Elevators: 40 CFR, Part 60, Subpart DD, as amended 

October 17, 2000, is hereby incorporated and adopted by reference. 

37. Standards of Performance for Surface Coating of Metal Furniture: 40 CFR, Part 60, Subpart 

EE, as amended October 17, 2000, is hereby incorporated and adopted by reference. 

38. Standards of Performance for Stationary Gas Turbines: 40 CFR, Part 60, subpart GG, as 

amended February 24, 2006, is hereby incorporated and adopted by reference. 

39. Standards of Performance for Lime Manufacturing Plants: 40 CFR, Part 60, subpart HH, as 

amended October 17, 2000, is hereby incorporated and adopted by reference. 

40. Standards of Performance for Lead-Acid Battery Manufacturing Plants: 40 CFR, Part 60, 

subpart KK, as amended October 17, 2000, is hereby incorporated and adopted by reference. 
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41. Standards of Performance for Metallic Mineral Processing Plants: 40 CFR, Part 60, Subpart 

LL, as amended October 17, 2000, is hereby incorporated and adopted by reference. 

42. Standards of Performance for Automobile and Light-Duty Truck Coating Operations: 40 

CFR, Part 60, Subpart MM, as amended October 17, 2000, is hereby incorporated and adopted 

by reference. 

43. Standards of Performance for Phosphate Rock Plants: 40 CFR, Part 60, Subpart NN, as 

amended October 17, 2000, is hereby incorporated and adopted by reference. 

44. Standards of Performance for Ammonium Sulfate Manufacture: 40 CFR, Part 60, Subpart 

PP, as amended October 17, 2000, is hereby incorporated and adopted by reference. 

45. Standards of Performance for Graphic Arts Industry: Publication Rotogravure Printing: 40 

CFR, Part 60, Subpart QQ, as amended April 9, 2004, is hereby incorporated and adopted by 

reference. 

46. Standards of Performance for Pressure Sensitive Tape and Label Surface Coating 

Operations: 40 CFR, Part 60, Subpart RR, as amended October 17, 2000, is hereby 

incorporated and adopted by reference. 

47. Standards of Performance for Industrial Surface Coating: Large Appliances: 40 CFR, Part 

60, Subpart SS, as amended October 17, 2000, is hereby incorporated and adopted by 

reference. 

48. Standards of Performance for Metal Coil Surface Coating: 40 CFR, Part 60, Subpart TT, as 

amended October 17, 2000, is hereby incorporated and adopted by reference. 

49. Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture: 40 

CFR, Part 60, Subpart UU, as amended October 17, 2000, is hereby incorporated and adopted 

by reference. 

50. Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals 

Manufacturing Industry: 40 CFR, Part 60, Subpart VV, as amended June 2, 2008, is hereby 

incorporated and adopted by reference. 

51. Standards of Performance for Beverage Can Surface Coating Industry: 40 CFR, Part 60, 

Subpart WW, as amended October 17, 2000, is hereby incorporated and adopted by reference. 

52. Standards of Performance for Bulk Gasoline Terminals: 40 CFR, Part 60, Subpart XX, as 

amended December 19, 2003, is hereby incorporated and adopted by reference. 

53. Standards of Performance for Rubber Tire Manufacturing Industry: 40 CFR, Part 60, 

Subpart BBB, as amended October 17, 2000, is hereby incorporated and adopted by reference. 
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54. Standards of Performance for Volatile Organic Compound (VOC) Emission from Polymer 

Manufacturing Industry: 40 CFR, Part 60, Subpart DDD, as amended December 14, 2000, is 

hereby incorporated and adopted by reference. 

55. Standards of Performance for Flexible Vinyl and Urethane Printing and Coating: 40 CFR 60, 

Subpart FFF, as amended October 17, 2000, is hereby incorporated and adopted by reference. 

56. Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries: 40 CFR, 

Part 60, Subpart GGG, as amended June 2, 2008, is hereby incorporated and adopted by 

reference. 

57. Standards of Performance for Synthetic Fiber Production Facilities: 40 CFR, Part 60, 

Subpart HHH, as amended October 17, 2000, is hereby incorporated and adopted by reference. 

58. Standards of Performance for Volatile Organic Compounds (VOC) Emissions from the 

Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes: 40 

CFR, Part 60, Subpart III, as amended December 14, 2000, is hereby incorporated and adopted 

by reference. 

59. Standards of Performance for Petroleum Dry Cleaners: 40 CFR, Part 60, Subpart JJJ, as 

amended October 17, 2000, is hereby incorporated and adopted by reference. 

60. Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas 

Processing Plants: 40 CFR 60, Subpart KKK, as amended August 16, 2012, is hereby 

incorporated and adopted by reference. 

61. Standards of Performance for Onshore Natural Gas Processing: 40 CFR, Part 60, Subpart 

LLL, as amended August 16, 2012, is hereby incorporated and adopted by reference. 

62. Standards of Performance for Volatile Organic Compounds (VOC) Emissions From the 

Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operation: 40 CFR, 

Part 60, Subpart NNN, as amended December 14, 2000, is hereby incorporated and adopted by 

reference. 

63. Standards of Performance for Nonmetallic Mineral Processing Plants: 40 CFR, Part 60, 

Subpart OOO, as promulgated April 28, 2009, is hereby incorporated and adopted by reference. 

64. Standards of Performance for Wool Fiberglass Insulation Manufacturing Plants: 40 CFR 60, 

Subpart PPP, as amended October 17, 2000, is hereby incorporated and adopted by reference. 

65. Standards of Performance for VOC Emissions from Petroleum Refinery Wastewater 

Systems: 40 CFR 60, Subpart QQQ, as amended October 17, 2000, is hereby incorporated and 

adopted by reference. 
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66. Standards of Performance for Volatile Organic Compound (VOC) Emissions from Synthetic 

Organic Chemical Manufacturing Industry (SOCMI) Reactor Process: 40 CFR 60, Subpart RRR, 

as amended December 14, 2000, is hereby incorporated and adopted by reference. 

67. Standards of Performance for Magnetic Tape Coating: 40 CFR 60, Subpart SSS, as 

amended February 12, 1999, is hereby incorporated and adopted by reference. 

68. Standards of Performance for Plastic Parts for Business Machine Coatings: 40 CFR 60, 

Subpart TTT, as amended October 17, 2000, is hereby incorporated and adopted by reference. 

69. Standards of Performance for Calciners and Dryers in Mineral Industries: 40 CFR 60, 

Subpart UUU, as amended October 17, 2000, is hereby incorporated and adopted by reference. 

70. Standards of Performance for Polymeric Coating of Supporting Substrates Facilities: 40 

CFR 60, Subpart VVV, as promulgated September 11, 1989, is hereby incorporated and 

adopted by reference. 

71. Standards of Performance for Municipal Waste Combustors for Which Construction is 

Commenced after September 20, 1994: 40 CFR, Part 60, Subpart Eb, as amended May 10, 

2006, is hereby incorporated and adopted by reference. 

72. Standards of Performance for Municipal Solid Waste Landfills: 40 CFR, Part 60, Subpart 

WWW, as amended September 21, 2006, is hereby incorporated and adopted by reference. 

73. Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for which 

construction is commenced after June 20, 1996: 40 CFR, Part 60, Subpart Ec, as amended 

October 6, 2009September 9, 2013, is hereby incorporated and adopted by reference. 

74. Standards of Performance for Small Municipal Waste Combustion Units for Which 

Construction is Commenced After August 30, 1999: 40 CFR 60, Subpart AAAA, as promulgated 

December 6, 2000, is hereby incorporated and adopted by reference. 

75. Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for 

Which Construction is Commenced After November 30, 1999: 40 CFR 60, Subpart CCCC, as 

amended February 7, 2013, is hereby incorporated and adopted by reference. 

76. Standards of Performance for Other Solid Waste Incinerator Units for Which Construction is 

Commenced After December 9, 2004, or for Which Modification or Reconstruction is 

Commenced on or After June 16, 2006: 40 CFR Part 60 Subpart EEEE, as amended November 

24, 2006, is hereby incorporated and adopted by reference. 

77. Standards of Performance for Stationary Compression Ignition Internal Combustion 

Engines: 40 CFR Part 60 Subpart IIII, as promulgated January 30, 2013, is hereby incorporated 

and adopted by reference. 
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78. Standards of Performance for Stationary Combustion Turbines: 40 CFR Part 60 Subpart 

KKKK, as amended March 20, 2009, is hereby incorporated and adopted by reference. 

79. Standards of Performance for Stationary Spark Ignition Internal Combustion Engines: 40 

CFR Part 60 Subpart JJJJ, as amended January 30, 2013, is hereby incorporated and adopted 

by reference. 

80. Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals 

Manufacturing Industry For Which Construction, Reconstruction, or Modification Commenced 

after November 7, 2006: 40 CFR Part 60 Subpart VVa, as amended August 16, 2012, is hereby 

incorporated and adopted by reference. 

81. Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries For Which 

Construction, Reconstruction, or Modification Commenced after November 7, 2006: 40 CFR 

Part 60 Subpart GGGa, as amended June 2, 2008, is hereby incorporated and adopted by 

reference. 

82. Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, 

or Modification Commenced After May 14, 2007: 40 CFR Part 60 Subpart Ja, as amended 

September 12, 2012December 19, 2013, is hereby incorporated and adopted by reference. 

83. Standards of Performance for New Sewage Sludge Incineration Units: 40 CFR Part 60 

Subpart LLLL, as promulgated March 21, 2011, is hereby incorporated and adopted by 

reference. 

84. Standard of Performance for Oil and Natural Gas Sector: 40 CFR Part 60 Subpart OOOO, 

as promulgated amended August 16, 2012September 23, 2013, is hereby incorporated and 

adopted by reference. 

Rule 391-3-1-.02 paragraph (9)(b), Emission Standards for Hazardous Air Pollutants, is 

updated to read as follows: 

(b) Emission Standards for Hazardous Air Pollutants. 

1. Emission Standard for Beryllium: 40 CFR, Part 61, Subpart C, as amended October 17, 2000, 

is hereby incorporated and adopted by reference. 

2. Emission Standard for Beryllium Rocket Motor Firing: 40 CFR, Part 61, Subpart D, as 

amended October 17, 2000, is hereby incorporated and adopted by reference. 

3. Emission Standard for Mercury: 40 CFR, Part 61, Subpart E, as amended October 17, 2000, 

is hereby incorporated and adopted by reference. 

4. Emission Standard for Vinyl Chloride: 40 CFR, Part 61, Subpart F, as amended October 17, 

2000, is hereby incorporated and adopted by reference. 
Chapter 391-3-1 Rules for Air Quality Control 

 

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5. Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene: 40 CFR, 

Part 61, Subpart J, as amended December 14, 2000, is hereby incorporated and adopted by 

reference. 

6. Emission Standard for Benzene Emissions from Coke Byproduct Recovery Plants: 40 CFR, 

Part 61, Subpart L, as amended October 17, 2000, is hereby incorporated and adopted by 

reference. 

7. Emission Standard for Asbestos (including work practices): 40 CFR, Part 61, Subpart M, as 

amended July 20, 2004, is hereby incorporated and adopted by reference. 

8. Emission Standard for Inorganic Arsenic Emissions from Glass Manufacturing Plants: 40 

CFR, Part 61, Subpart N, as amended October 17, 2000, is hereby incorporated and adopted 

by reference. 

9. Emission Standard for Inorganic Arsenic Emissions from Primary Copper Smelters: 40 CFR, 

Part 61, Subpart O, as amended October 17, 2000, is hereby incorporated and adopted by 

reference. 

10. Emission Standard for Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic 

Arsenic Production Facilities: 40 CFR, Part 61, Subpart P, as amended October 3, 1986, is 

hereby incorporated and adopted by reference. 

11. Emission Standard for Equipment Leaks (Fugitive Emission Sources) [of VHAP]: 40 CFR, 

Part 61, Subpart V, as amended December 14, 2000, is hereby incorporated and adopted by 

reference. 

12. Emission Standard for Benzene Emissions from Benzene Storage Vessels: 40 CFR, Part 

61, Subpart Y, as amended December 14, 2000, is hereby incorporated and adopted by 

reference. 

13. Emission Standard for Benzene Emissions from Benzene Transfer Operations: 40 CFR, 

Part 61, Subpart BB, as amended December 14, 2000, is hereby incorporated and adopted by 

reference. 

14. Emission Standard for Benzene Waste Operations: 40 CFR, Part 61, Subpart FF, as 

amended December 4, 2003, is hereby incorporated and adopted by reference. 

15. General Provisions. For purposes of applying Emission Standards for Hazardous Air 

Pollutants, 40 CFR, Part 63, Subpart A, as amended February 1, 2013, [excluding 63.13, and 

63.15(a)(2)] is hereby incorporated and adopted by reference subject to the following provisions: 

(i) The definition of “Potential to Emit” in 40 CFR, Part 63.2, shall be modified as follows: 
Chapter 391-3-1 Rules for Air Quality Control 

 

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(I) The phrase “is federally enforceable” shall read “is federally enforceable or enforceable as a 

practical matter.” 

16. Requirements for Control Technology Determinations for Major Sources in Accordance with 

Clean Air Act Paragraph 112(g): 40 CFR, Parts 63.40 through 63.44, as amended June 30, 

1999, is hereby incorporated and adopted by reference, subject to the following provisions: 

(i) Terms used in this paragraph shall have the meaning given to them in the Clean Air Act, 40 

CFR 63 Subparts A and B, and the Georgia Air Quality Act. 

(ii) The “Effective Date of Paragraph 112(g)(2)(B),” as defined in 40 CFR 63.41, shall be June 

29, 1998. 

(iii) The “Notice of MACT Approval,” as defined in 40 CFR 63.41, shall be the air construction 

permit issued by the Division. 

(iv) The “Permitting Authority,” as defined in 40 CFR 63.41, shall be the Division. 

(v) In lieu of the administrative procedures for review of the Notice of MACT Approval, as set 

forth in 40 CFR 63.43(f)(1) through (5), the Division will act in accordance with the permitting 

requirements as set forth in Chapter 391-3-1-.03 Permits, as amended, and administrative 

procedures for preconstruction review and approval established by the Division. 

(vi) In lieu of the opportunity for public comment on the Notice of MACT Approval, as set forth in 

40 CFR 63.43(h), the Division will provide opportunity for public comment on the Notice of 

MACT Approval pursuant to Chapter 391-3-1-.03(2)(i). 

(vii) The Notice of MACT Approval shall become effective upon issuance of the air construction 

permit by the Division. 

17. Requirements for Control Technology Determinations for Major Sources in Accordance with 

the Clean Air Act sections 112(j): 40 CFR 63, Subpart B, Sections 63.50 through 63.56, as 

amended July 11, 2005, is hereby incorporated and adopted by reference. 

18. [reserved] 

19. Compliance Extensions for Early Reductions: 40 CFR, Part 63, Subpart D, as amended 

November 21, 1994, is hereby incorporated and adopted by reference. 

20. Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic 

Chemical Manufacturing Industry, 40 CFR 63, Subpart F, as amended December 21, 2006, is 

hereby incorporated and adopted by reference. 

21. Emission Standards for Organic Hazardous Air Pollutants from Synthetic Organic Chemical 

Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and 

Wastewater, 40 CFR 63, Subpart G, as amended December 22, 2008, is hereby incorporated 
Chapter 391-3-1 Rules for Air Quality Control 

 

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and adopted by reference. Only procedures listed in 63.112(e) of 40 CFR 63, Subpart G, shall 

be used to comply with the emission standard in 63.112(a) unless otherwise specifically 

approved by the Director. 

22. Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks, 40 CFR 63, 

Subpart H, as amended December 22, 2008, is hereby incorporated and adopted by reference. 

23. Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to 

the Negotiated Regulation for Equipment Leaks, 40 CFR 63, Subpart I, as amended June 23, 

2003, is hereby incorporated and adopted by reference. 

24. Emission Standards for Polyvinyl Chloride and Copolymers Production, 40 CFR Part 63, 

Subpart J, as amended July 10, 2002, is hereby incorporated and adopted by reference. 

25. [reserved] 

26. Emission Standards for Coke Oven Batteries, 40 CFR 63, Subpart L, as amended April 20, 

2005, is hereby incorporated and adopted by reference. 

27. Perchloroethylene Air Emission Standards for Dry Cleaning Facilities, 40 CFR 63, Subpart 

M, as amended July 11, 2008, is hereby incorporated and adopted by reference. 

28. Emission Standards for Chromium Emissions from Hard and Decorative Chromium 

Electroplating and Chromium Anodizing Tanks, 40 CFR 63, Subpart N, as amended September 

19, 2012, is hereby incorporated and adopted by reference. 

29. Ethylene Oxide Emissions Standards for Sterilization Facilities, 40 CFR 63, Subpart O, as 

amended December 19, 2005, is hereby incorporated and adopted by reference. 

30. [reserved] 

31. Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers, 40 

CFR 63, Subpart Q, as amended April 7, 2006, is hereby incorporated and adopted by 

reference. 

32. Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and 

Pipeline Breakout Stations), 40 CFR 63, Subpart R, as amended December 22, 2008, is hereby 

incorporated and adopted by reference. 

33. Emission Standards for Pulp & Paper Industries, 40 CFR 63, Subpart S, as amended 

September 11, 2012, is hereby incorporated and adopted by reference. 

34. Emission Standards for Halogenated Solvent Cleaning, 40 CFR 63, Subpart T, as amended 

May 3, 2007, is hereby incorporated and adopted by reference. 
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35. Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins, 

40 CFR 63, Subpart U, as amended April 21, 2011, is hereby incorporated and adopted by 

reference. 

36. [reserved] 

37. Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and NonNylon Polyamides Production, 40 CFR 63, Subpart W, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

38. Emission Standards for Hazardous Air Pollutants From Secondary Lead Smelting, 40 CFR 

63, Subpart X, as amended January 5, 2012 January 3, 2014, is hereby incorporated and 

adopted by reference. 

39. Emission Standards for Marine Tank Vessel Loading Operations, 40 CFR 63, Subpart Y, as 

amended April 21, 2011, is hereby incorporated and adopted by reference. 

40. [reserved] 

41. Emission Standards for Hazardous Air Pollutants from Phosphoric Acid Manufacturing 

Plants, 40 CFR 63, Subpart AA, as amended April 20, 2006, is hereby incorporated and 

adopted by reference. 

42. Emission Standards for Hazardous Air Pollutants from Phosphate Fertilizers Production 

Plants, 40 CFR 63, Subpart BB, as amended April 20, 2006, is hereby incorporated and 

adopted by reference. 

43. Emission Standards for Hazardous Air Pollutants from Petroleum Refineries, 40 CFR 63, 

Subpart CC, as amended July 18, 2011June 20, 2013, is hereby incorporated and adopted by 

reference. Only procedures listed in 63.642(k) of 40 CFR 63, Subpart CC shall be used to 

comply with the emission standard in 63.642(g). 

44. Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery 

Operations, 40 CFR 63, Subpart DD, as amended April 20, 2006, is hereby incorporated and 

adopted by reference. 

45. Emission Standards for Magnetic Tape Manufacturing Operations, 40 CFR 63, Subpart EE, 

as amended June 23, 2003, is hereby incorporated and adopted by reference. 

46. [reserved] 

47. Emission Standards for Aerospace Manufacturing and Rework Facilities, 40 CFR 63, 

Subpart GG, as amended April 20, 2006, is hereby incorporated and adopted by reference. 
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48. Emission Standards for Hazardous Air Pollutants for Source Categories: Oil & Natural Gas 

Production Facilities, 40 CFR 63, Subpart HH, as amended August 16, 2012, is hereby 

incorporated and adopted by reference. 

49. Emission Standards for Shipbuilding and Ship Repair (Surface Coating), 40 CFR 63, 

Subpart II, as amended November 21, 2011, is hereby incorporated and adopted by reference. 

50. Emission Standards for Wood Furniture Manufacturing Operations, 40 CFR 63, Subpart JJ, 

as amended November 21, 2011, is hereby incorporated and adopted by reference. 

51. Emission Standards for the Printing and Publishing Industry, 40 CFR 63, Subpart KK, as 

amended April 21, 2011, is hereby incorporated and adopted by reference. 

52. Emission Standards for Hazardous Air Pollutants for Source Categories: Primary Aluminum 

Reduction Plants, 40 CFR 63, Subpart LL, as amended April 20, 2006, is hereby incorporated 

and adopted by reference. 

53. Emission Standards for Hazardous Air Pollutants for Source Categories: Combustion 

Sources at Kraft, Soda, and Sulfite Pulp and Paper Mills, 40 CFR 63, Subpart MM, as amended 

April 20, 2006, is hereby incorporated and adopted by reference. 

54. [reserved] 

55. Emission Standards for Tanks-Level 1, 40 CFR 63, Subpart OO, as amended June 23, 

2003, is hereby incorporated and adopted by reference. 

56. Emission Standards for Containers, 40 CFR 63, Subpart PP, as amended June 23, 2003, is 

hereby incorporated and adopted by reference. 

57. Emission Standards for Surface Impoundments, 40 CFR 63, Subpart QQ, as amended June 

23, 2003, is hereby incorporated and adopted by reference. 

58. Emission Standards for Individual Drain Systems, 40 CFR 63, Subpart RR, as amended 

June 23, 2003, is hereby incorporated and adopted by reference. 

59. Emission Standards for Hazardous Air Pollutants from: Closed Vent Systems, Control 

Devices, Recovery Devices and Routing to a Fuel Gas System or a Process, 40 CFR 63, 

Subpart SS, as amended April 20, 2006, is hereby incorporated and adopted by reference. 

60. Emission Standards for Hazardous Air Pollutants from Equipment Leaks--Control Level 1, 

40 CFR 63, Subpart TT, as amended July 12, 2002, is hereby incorporated and adopted by 

reference. 

61. Emission Standards for Hazardous Air Pollutants from Equipment Leaks--Control Level 2 

Standards, 40 CFR 63, Subpart UU, as amended July 12, 2002, is hereby incorporated and 

adopted by reference. 
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62. Emission Standards for Oil-Water Separators and Organic-Water Separators, 40 CFR 63, 

Subpart VV, as amended June 23, 2003, is hereby incorporated and adopted by reference. 

63. Emission Standards for Hazardous Air Pollutants from Storage Vessels (Tanks)--Control 

Level 2, 40 CFR 63, Subpart WW, as amended July 12, 2002, is hereby incorporated and 

adopted by reference. 

64. Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems 

and Waste Operations, 40 CFR Part 63, Subpart XX, as amended April 13, 2005, is hereby 

incorporated and adopted by reference. 

65. Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum 

Achievable Control Technology Standards, 40 CFR 63, Subpart YY, as amended April 20, 2006, 

is hereby incorporated and adopted by reference. 

66. [reserved] 

67. [reserved] 

68. [reserved] 

69. Emission standards for Hazardous Air Pollutants for Source Categories: Steel Pickling -- 

HCl Process Facilities and Hydrochloric Acid Regeneration Plants, 40 CFR 63, Subpart CCC, 

as amended September 19, 2012, is hereby incorporated and adopted by reference. 

70. Emission Standards for Hazardous Air Pollutants for Source Categories: Mineral Wool 

Production, 40 CFR 63, Subpart DDD, as amended June 23, 2003, is hereby incorporated and 

adopted by reference. 

71. Emission Standards for Hazardous Air Pollutants for Source Categories: Hazardous Waste 

Combustors, 40 CFR 63, Subpart EEE, as amended October 28, 2008, is hereby incorporated 

and adopted by reference. 

72. [reserved] 

73. Emission Standards for Hazardous Air Pollutants for Source Categories: Pharmaceuticals 

Production, 40 CFR 63, Subpart GGG, as amended April 21, 2011, is hereby incorporated and 

adopted by reference. 

74. Emission Standards for Hazardous Air Pollutants for Source Categories: Natural Gas 

Transmission and Storage Facilities, 40 CFR 63, Subpart HHH, as amended August 16, 2012, 

is hereby incorporated and adopted by reference. 

75. Emission Standards for Hazardous Air Pollutants for Source Categories: Flexible 

Polyurethane Foam Production, 40 CFR 63, Subpart III, as amended June 23, 2003, is hereby 

incorporated and adopted by reference. 
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76. Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins, 

40 CFR 63, Subpart JJJ, as amended December 22, 2008, is hereby incorporated and adopted 

by reference. 

77. [reserved] 

78. Emission Standards for Hazardous Air Pollutants for Source Categories: Portland Cement 

Manufacturing Industry, 40 CFR 63, Subpart LLL, as amended May 17, 2011 February 12, 

2013, is hereby incorporated and adopted by reference. 

79. Emission Standards for Hazardous Air Pollutants for Source Categories: Pesticide Active 

Ingredient Production, 40 CFR 63, Subpart MMM, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

80. Emission Standards for Hazardous Air Pollutants for Source Categories: Wool Fiberglass 

Manufacturing, 40 CFR 63, Subpart NNN, as amended April 20, 2006, is hereby incorporated 

and adopted by reference. 

81. Emission Standards for Hazardous Air Pollutants for Source Categories: Amino/Phenolic 

Resins Production, 40 CFR 63, Subpart OOO, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

82. Emission Standards for Hazardous Air Pollutants for Source Categories: Polyether Polyols 

Production, 40 CFR 63, Subpart PPP, as amended April 20, 2006, is hereby incorporated and 

adopted by reference. 

83. Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting, 40 CFR Part 

63, Subpart QQQ, as amended April 20, 2006, is hereby incorporated and adopted by 

reference. 

84. Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production, 40 

CFR, 63, Subpart RRR, as amended April 20, 2006, is hereby incorporated and adopted by 

reference. 

85. [reserved] 

86. Emission Standards for Hazardous Air Pollutants for Source Categories: Primary Lead 

Smelting, 40 CFR 63, Subpart TTT, as amended November 15, 2011, is hereby incorporated 

and adopted by reference. 

87. Emission Standards for Petroleum Refineries: Catalytic Cracking, Catalytic Reforming, and 

Sulfur Plant Units, 40 CFR Part 63, Subpart UUU, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 
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88. Emission Standards for Hazardous Air Pollutants for Source Categories: Publicly Owned 

Treatment Works, 40 CFR 63, Subpart VVV, as amended December 22, 2008, is hereby 

incorporated and adopted by reference. 

89. [reserved] 

90. Emission Standards for Hazardous Air Pollutants for Source Categories: Ferroalloys 

Production: Ferromanganese and Silicomanganese, 40 CFR 63, Subpart XXX, as amended 

April 20, 2006, is hereby incorporated and adopted by reference. 

91. [reserved] 

92. [reserved] 

93. Emission Standards for Hazardous Air Pollutants for Source Categories: Municipal Solid 

Waste Landfills, 40 CFR Part 63, Subpart AAAA, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

94. [reserved] 

95. Emission Standards for Hazardous Air Pollutants for Source Categories: Nutritional Yeast 

Manufacturing, 40 CFR Part 63, Subpart CCCC, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

96. Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products, 

40 CFR Part 63, Subpart DDDD, as amended October 29, 2007, is hereby incorporated and 

adopted for reference. 

97. Emission Standards for Hazardous Air Pollutants: Organic Liquid Distribution (non-gasoline), 

40 CFR Part 63, Subpart EEEE, as amended December 22, 2008, is hereby incorporated and 

adopted for reference. 

98. Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical 

Manufacturing, 40 CFR Part 63, Subpart FFFF, as amended December 22, 2008, is hereby 

incorporated and adopted by reference. 

99. Emission Standards for Hazardous Air Pollutants for Source Categories: Vegetable Oil 

Production, 40 CFR Part 63, Subpart GGGG, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

100. Emission Standards for Hazardous Air Pollutants for Wet Formed Fiberglass Mat 

Production, 40 CFR Part 63, Subpart HHHH, as amended April 20, 2006, is hereby incorporated 

and adopted by reference. 
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101. Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and 

Light-Duty Trucks, 40 CFR Part 63, Subpart IIII, as amended April 24, 2007, is hereby 

incorporated and adopted by reference. 

102. Emission Standards for Hazardous Air Pollutants for Paper and Other Web Coatings, 40 

CFR Part 63, Subpart JJJJ, as amended May 24, 2006, is hereby incorporated and adopted by 

reference. 

103. Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans, 40 CFR 

Part 63, Subpart KKKK, as amended April 20, 2006, is hereby incorporated and adopted by 

reference. 

104. [reserved] 

105. Emission Standards for Hazardous Air Pollutants: Surface Coating of Miscellaneous Metal 

Parts and Products, 40 CFR Part 63, Subpart MMMM, as amended December 22, 2006, is 

hereby incorporated and adopted by reference. 

106. Emission Standards for Hazardous Air Pollutants for Large Appliances Surface Coating 

Operations, 40 CFR Part 63, Subpart NNNN, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

107. Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics 

and Other Textiles, 40 CFR Part 63, Subpart OOOO, as amended May 24, 2006, is hereby 

incorporated and adopted by reference. 

108. Emission Standards for Hazardous Air Pollutants: Surface Coating of Plastic Parts and 

Products, 40 CFR Part 63, Subpart PPPP, as amended April 24, 2007, is hereby incorporated 

and adopted by reference. 

109. Emission Standards for Hazardous Air Pollutants: Surface Coating of Wood Building 

Products, 40 CFR Part 63, Subpart QQQQ, as amended April 20, 2006, is hereby incorporated 

and adopted by reference. 

110. Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture, 40 

CFR Part 63, Subpart RRRR, as amended April 20, 2006, is hereby incorporated and adopted 

by reference. 

111. Emission Standards for Hazardous Air Pollutants for Metal Coil Surface Coating 

Operations, 40 CFR Part 63, Subpart SSSS, as amended March 17, 2003, is hereby 

incorporated and adopted by reference. 

112. Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations, 40 CFR 

Part 63, Subpart TTTT, as amended February 7, 2005, is hereby incorporated and adopted by 

reference. 
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113. Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing, 40 

CFR Part 63, Subpart UUUU, as amended December 22, 2008, is hereby incorporated and 

adopted by reference. 

114. Emission Standards for Hazardous Air Pollutants for Source Categories: Boat 

Manufacturing, 40 CFR Part 63, Subpart VVVV, as amended October 3, 2001, is hereby 

incorporated and adopted by reference. 

115. Emission Standards for Hazardous Air Pollutants: Reinforced Plastic Composites 

Production, 40 CFR Part 63, Subpart WWWW, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

116. Emission Standards for Hazardous Air Pollutants for Tire Manufacturing, 40 CFR Part 63, 

Subpart XXXX, as amended April 20, 2006, is hereby incorporated and adopted by reference. 

117. Emission Standards for Hazardous Air Pollutants for Stationary Combustion Engines, 40 

CFR Part 63, Subpart YYYY, as amended April 20, 2006, is hereby incorporated and adopted 

by reference. 

118. Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion 

Engines, 40 CFR Part 63, Subpart ZZZZ, as amended January 30, 2013March 6, 2013, is 

hereby incorporated and adopted by reference. 

119. Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants, 40 CFR 

Part 63, Subpart AAAAA, as amended April 20, 2006, is hereby incorporated and adopted by 

reference. 

120. Emission Standards for Hazardous Air Pollutants: Semiconductor Manufacturing, 40 CFR 

Part 63, Subpart BBBBB, as amended July 22, 2008, is hereby incorporated and adopted by 

reference. 

121. Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, 

and Battery Stacks, 40 CFR Part 63, Subpart CCCCC, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

122. Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, 

Commercial, and Institutional Boilers and Process Heaters, 40 CFR Part 63, Subpart DDDDD, 

as amended January 31, 2013, is hereby incorporated and adopted by reference. 

123. Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries, 40 CFR 63, 

Subpart EEEEE, as amended February 7, 2008, is hereby incorporated and adopted by 

reference. 
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124. Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing, 

40 CFR Part 63, Subpart FFFFF, as amended July 13, 2006, is hereby incorporated and 

adopted by reference. 

125. Emission Standards for Hazardous Air Pollutants: Site Remediation, 40 CFR Part 63, 

Subpart GGGGG, as amended December 22, 2008, is hereby incorporated and adopted by 

reference. 

126. Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing, 

40 CFR Part 63, Subpart HHHHH, as amended December 22, 2008, is hereby incorporated and 

adopted by reference. 

127. Emission Standards for Hazardous Air Pollutants: Mercury Emissions from Mercury Cell 

Chlor-Alkali Plants, 40 CFR Part 63, Subpart IIIII, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

128. [reserved] 

129. [reserved] 

130. Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing 

Manufacturing, 40 CFR Part 63, Subpart LLLLL, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

131. Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication 

Operations, 40 CFR Part 63, Subpart MMMMM, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

132. Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production, 40 CFR 

Part 63, Subpart NNNNN, as amended April 20, 2006, is hereby incorporated and adopted by 

reference. 

133. [reserved] 

134. Emission Standards for Hazardous Air Pollutants: Engine Test Cells/Stands, 40 CFR Part 

63, Subpart PPPPP, as amended April 20, 2006, is hereby incorporated and adopted by 

reference. 

135. Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing 

Facilities, 40 CFR Part 63, Subpart QQQQQ, as amended April 20, 2006, is hereby 

incorporated and adopted by reference. 

136. Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing, 40 CFR 

Part 63, Subpart RRRRR, as amended April 20, 2006, is hereby incorporated and adopted by 

reference. 
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137. Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing, 

40 CFR Part 63, Subpart SSSSS, as amended April 20, 2006, is hereby incorporated and 

adopted by reference. 

138. Emission Standards for Hazardous Air Pollutants for Primary Magnesium Manufacturing, 

40 CFR Part 63, Subpart TTTTT, as amended April 20, 2006, is hereby incorporated and 

adopted by reference. 

139. Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility 

Steam Generating Units, 40 CFR Part 63, Subpart UUUUU, as amended April 19, 2012April 24, 

2013, is hereby incorporated and adopted by reference. 

140. [reserved] 

141. Emission Standards for Hospital Ethylene Oxide Sterilizers, 40 CFR Part 63, Subpart 

WWWWW, as promulgated December 28, 2007, is hereby incorporated and adopted by 

reference. 

142. [reserved] 

143. Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace 

Steelmaking Facilities, 40 CFR Part 63, Subpart YYYYY, as promulgated December 28, 2007, 

is hereby incorporated and adopted by reference. 

144. Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area 

Sources, 40 CFR Part 63, Subpart ZZZZZ, as promulgated January 2, 2008, is hereby 

incorporated and adopted by reference. 

145. [reserved] 

146. Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Bulk 

Terminals, Bulk Plants, and Pipeline Facilities, 40 CFR Part 63, Subpart BBBBBB, as amended 

January 24, 2011, is hereby incorporated and adopted by reference. 

147. Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline 

Dispensing Facilities, 40 CFR Part 63, Subpart CCCCCC, as amended January 24, 2011, is 

hereby incorporated and adopted by reference. 

148. Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers 

Production Area Sources, 40 CFR Part 63, Subpart DDDDDD, as amended April 17, 2012, is 

hereby incorporated and adopted by reference. 

149. Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting Area 

Sources, 40 CFR Part 63, Subpart EEEEEE, as amended July 3, 2007, is hereby incorporated 

and adopted by reference. 
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150. Emission Standards for Hazardous Air Pollutants for Secondary Copper Smelting Area 

Sources, 40 CFR Part 63, Subpart FFFFFF, as amended July 3, 2007, is hereby incorporated 

and adopted by reference. 

151. Emission Standards for Hazardous Air Pollutants for Primary Nonferrous Metals Area 

Sources – Zinc, Cadmium, and Beryllium, 40 CFR Part 63, Subpart GGGGGG, as promulgated 

January 23, 2007, is hereby incorporated and adopted by reference. 

152. Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous 

Surface Coating Operations at Area Sources, 40 CFR Part 63, Subpart HHHHHH, as amended 

February 13, 2008, is hereby incorporated and adopted by reference. 

153. [reserved] 

154. Emission Standards for Hazardous Air Pollutants: Industrial, Commercial, and Institutional 

Boilers, Area Sources, 40 CFR Part 63, Subpart JJJJJJ, promulgated February 1, 2013, is 

hereby incorporated and adopted by reference. 

155. [reserved] 

156. Emission Standards for Hazardous Air Pollutants for Acrylic and Modacrylic Fibers 

Production Area Sources, 40 CFR Part 63, Subpart LLLLLL, as amended March 26, 2008, is 

hereby incorporated and adopted by reference. 

157. Emission Standards for Hazardous Air Pollutants for Carbon Black Production Area 

Sources, 40 CFR Part 63, Subpart MMMMMM, as amended March 26, 2008, is hereby 

incorporated and adopted by reference. 

158. Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area 

Sources: Chromium Compounds, 40 CFR Part 63, Subpart NNNNNN, as amended March 26, 

2008, is hereby incorporated and adopted by reference. 

159. Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam 

Production and Fabrication Area Sources, 40 CFR Part 63, Subpart OOOOOO, as amended 

March 26, 2008, is hereby incorporated and adopted by reference. 

160. Emission Standards for Hazardous Air Pollutants for Lead Acid Battery Manufacturing Area 

Sources, 40 CFR Part 63, Subpart PPPPPP, as amended March 26, 2008, is hereby 

incorporated and adopted by reference. 

161. Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources, 40 

CFR Part 63, Subpart QQQQQQ, as amended March 26, 2008, is hereby incorporated and 

adopted by reference. 
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162. Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing Area 

Sources, 40 CFR Part 63, Subpart RRRRRR, as promulgated December 26, 2007, is hereby 

incorporated and adopted by reference. 

163. Emission Standards for Hazardous Air Pollutants for Glass Manufacturing Area Sources, 

40 CFR Part 63, Subpart SSSSSS, as promulgated December 26, 2007, is hereby incorporated 

and adopted by reference. 

164. Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals 

Processing Area Sources, 40 CFR Part 63, Subpart TTTTTT, as promulgated December 26, 

2007, is hereby incorporated and adopted by reference. 

165. [reserved] 

166. Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area 

Sources, 40 CFR Part 63, Subpart VVVVVV, as amended December 21, 2012, is hereby 

incorporated and adopted by reference. 

167. Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and 

Polishing Operations, 40 CFR Part 63, Subpart WWWWWW, as amended September 19, 2011, 

is hereby incorporated and adopted by reference. 

168. Emission Standards for Hazardous Air Pollutants: Area Source Standards for Nine Metal 

Fabrication and Finishing Source Categories, 40 CFR Part 63, Subpart XXXXXX, as 

promulgated July 23, 2008, is hereby incorporated and adopted by reference. 

169. Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production 

Facilities, 40 CFR Part 63, Subpart YYYYYY, as promulgated December 23, 2008, is hereby 

incorporated and adopted by reference. 

170. Emission Standards for Hazardous Air Pollutants: Area Source Standards for Aluminum, 

Copper, and Other Nonferrous Foundries, 40 CFR Part 63, Subpart ZZZZZZ, as amended 

September 10, 2009, is hereby incorporated and adopted by reference. 

171. Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing 

and Asphalt Roofing Manufacturing, 40 CFR Part 63, Subpart AAAAAAA, as amended March 

18, 2010, is hereby incorporated and adopted by reference. 

172. Emission Standards for Hazardous Air Pollutants for Area Sources: Chemical Preparations 

Industry, 40 CFR Part 63, Subpart BBBBBBB, as promulgated December 30, 2009, is hereby 

incorporated and adopted by reference. 

173. Emission Standards for Hazardous Air Pollutants for Area Sources: Paints and Allied 

Products Manufacturing, 40 CFR Part 63, Subpart CCCCCCC, as amended June 3, 2010, is 

hereby incorporated and adopted by reference. 
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174. Emission Standards for Hazardous Air Pollutants: Area Source Standards for Prepared 

Feeds Manufacturing, 40 CFR Part 63, Subpart DDDDDDD, as amended December 23, 2011, 

is hereby incorporated and adopted by reference. 

175. Emission Standards for Hazardous Air Pollutants: Gold Mine Ore Processing and 

Production Area Source Category, 40 CFR Part 63, Subpart EEEEEEE, as promulgated 

February 17, 2011, is hereby incorporated and adopted by reference. 

176. [reserved] 

177. [reserved] 

178. Emission Standards for Hazardous Air Pollutants: Polyvinyl Chloride and Copolymers 

Production, 40 CFR Part 63, Subpart HHHHHHH, as promulgated April 17, 2012, is hereby 

incorporated and adopted by reference. 

Rule 391-3-1-.03(10), “Title V Operating Permits,” is being amended to read as follows: 

(10) Title V Operating Permits. 

(a) General Requirements. 

1. The provisions of this section (10) shall apply to any source and the owner and operator of 

any such source subject to any requirements under 40 Code of Federal Regulations 

(hereinafter, 40 CFR), Part 70. 

2. All sources subject to this section (10) shall have a Part 70 Permit to operate that assures 

compliance by the source with all applicable requirements. Such Part 70 Permits will be issued 

consistent with the timing established in subsection (10)(c). 

3. The requirements of this section (10), including provisions regarding schedules for 

submission and approval or disapproval of permit applications, shall apply to the permitting of 

affected sources under the federal acid rain program except as provided herein or modified in 

federal regulations promulgated under Title IV of the federal Clean Air Act. 

4. Definitions: For the purpose of this Section (10), 40 CFR Part 70.2 as amended on June 3, 

2010, is hereby incorporated and adopted by reference, with the following exception(s): 

(i) “Potential to emit” shall have the meaning ascribed in subsection (ddd) of rule 391-3-1-.01. 

(ii) In addition to the major sources defined in 40 CFR 70.2, the following shall also be 

considered a major source: for the counties of Cherokee, Clayton, Cobb, Coweta, DeKalb, 

Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale, sources with the 

potential to emit 25 tpy or more of volatile organic compounds or oxides of nitrogen. 

(iii) The definition and use of the term “subject to regulation” in 40 CFR, Part 70.2, as amended 

June 3, 2010, is hereby incorporated by reference; provided, however, that in the event all or 
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any portion of 40 CFR, Part 70.2 containing that term is: 

(I) declared or adjudged to be invalid or unconstitutional or stayed by the United States Court of 

Appeals for the Eleventh Circuit or for the District of Columbia Circuit; or 

(II) withdrawn, repealed, revoked, or otherwise rendered of no force and effect by the United 

States Environmental Protection Agency, Congress, or Presidential Executive Order. 

Such action shall render the regulation as incorporated herein, or that portion thereof that may 

be affected by such action as invalid, void, stayed, or otherwise without force and effect for 

purposes of this rule upon the date such action becomes final and effective; provided, further, 

that such declaration, adjudication, stay, or other action described herein, shall not affect the 

remaining portions, if any, of the regulation as incorporated herein, which shall remain of full 

force and effect as if such portion so declared or adjudged invalid or unconstitutional or stayed 

or otherwise invalidated or effected were not originally a part of this rule. The Board declares 

that it would have incorporated the remaining parts of the federal regulation if it had known that 

such portion hereof would be declared or adjudged invalid or unconstitutional or stayed or 

otherwise rendered of no force and effect. 

5. The subparagraphs of Paragraph (10) that incorporate by reference portions of 40 CFR, Part 

70 are as promulgated and published in the Federal Register through June 3, 2010, unless 

otherwise specified. 

(b) Applicability. 

1. The following sources shall be subject to this section (10): 

(i) Any major source as defined in 40 CFR Part 70.2, which is incorporated by reference in 

Subparagraph (a)4; 

(ii) Any source, including an area source, subject to a standard, limitation, or other requirement 

under Section 111 of the federal Act; 

(iii) Any source, including an area source, subject to a standard or other requirement under 

Section 112 of the federal Act, except that a source is not required to obtain a permit solely 

because it is subject to regulations or requirements under Section 112(r) of the federal Act; 

(iv) Any affected source as defined in 40 CFR Part 70.2, which is incorporated by reference in 

Subparagraph (a)4; and 

(v) Any source in a source category designated by the EPA Administrator pursuant to 40 CFR 

Part 70.3. 

2. The following sources shall not be subject to this section (10): 

(i) Any source listed in subparagraph 10(b)1.(ii) that is not a major source; 

(ii) Any source required to obtain a permit solely because they are subject to 40 CFR Part 61, 
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Subpart M, National Emission Standard for Hazardous Air Pollutants for Asbestos, 61.145, 

Standard for Demolition and Renovation, or solely because they are subject to 40 CFR Part 60, 

Subpart AAA Standards of Performance for New Residential Wood Heaters; and 

(iii) Any source listed in subparagraph (10)(b)1.(iii) that is an area source except those subject 

to an Emission Standard for Hazardous Air Pollutants under 40 CFR Part 63 that does not 

exempt the owner or operator from the obligation to obtain a Part 70 permit. 

3. Emission units and Part 70 permits. 

(i) For major sources, Part 70 permits shall include all applicable requirements for all relevant 

emission units in the major source. 

(ii) For any non-major source subject to the requirements of this section (10), Part 70 permits 

shall include all applicable requirements applicable to emission units that cause the source to be 

subject to this section (10). 

4. Fugitive emissions from a source subject to the requirements of this section (10) shall be 

included in the permit application and the Part 70 permit in the same manner as stack 

emissions, regardless of whether the source category in question is included in the list of 

sources contained in the definition of major source. 

5. Any Part 70 source may make Section 502(b)(10) changes as defined in 40 CFR 70.2, which 

is incorporated by reference in Subparagraph (a)4, without requiring a Part 70 permit revision, if 

the changes are not modifications under any provisions of Title I of the federal Act and the 

changes do not exceed the emissions allowable under the permit (whether expressed therein as 

a rate of emissions or in terms of total emissions). For each such change, the source shall 

provide the Director and the EPA Administrator with written notification as required below in 

advance of the proposed changes and shall obtain any permits required under Rules 391-3-1-

.03(1) and (2). The source and the Director shall attach each such notice to their copy of the 

relevant permit. 

(i) For each such change, the source’s written notification and application for a construction 

permit shall be submitted well in advance of any critical date (construction date, permit issuance 

date, etc.) involved in the change, but no less than seven days in advance of such change and 

shall include a brief description of the change within the permitted facility, the date on which the 

change is proposed to occur, any change in emissions, and any permit term or condition that is 

no longer applicable as a result of the change. 

(ii) The permit shield described in paragraph (d)6. shall not apply to any change made pursuant 

to this paragraph. 

6. Off-permit Changes: Any Part 70 source may make changes that are not addressed or 

prohibited by the permit, other than those described in paragraph 7., without a Part 70 permit 

revision, provided the following requirements are met: 

(i) Each such change shall meet all applicable requirements and shall not violate any existing 

permit term or condition. 
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(ii) Sources must provide contemporaneous written notice to the Director and EPA 

Administrator of each such change, except for changes that qualify as insignificant as specified 

in Subparagraph (g). Such written notice shall describe each such change, including the date, 

any change in emissions, pollutants emitted, and any applicable requirement that would apply 

as a result of the change. 

(iii) The change shall not qualify for the shield under paragraph (10)(d)6. 

(iv) The permittee shall keep a record describing changes made at the source that result in 

emissions of a regulated air pollutant subject to an applicable requirement, but not otherwise 

regulated under the permit, and the emissions resulting from those changes. 

(v) The source shall obtain any permits required under Rules 391-3-1-.03(1) and (2). 

7. No Part 70 source may make, without a permit revision, any changes that are not addressed 

or prohibited by the Part 70 permit, if such changes are subject to any requirements under Title 

IV of the federal Act or are modifications under any provision of Title I of the federal Act. 

8. Any source listed in paragraph (10)(b)1. exempt from the requirement to obtain a permit 

under this section (10) may opt to apply for a permit under a Part 70 program. 

(c) Permit Applications 

1. For each Part 70 source, the owner or operator shall submit a complete application: 

(i) Within 12 months after the U. S. EPA grants approval of this section (10) or on or before 

such earlier date as the Director may establish, for a source applying for the first time; 

(ii) Within 12 months after commencing operation, for a source required to meet the 

requirements under section 112(g) of the federal Clean Air Act or to have a permit under the 

preconstruction review program requirements of Rule 391-3-1-.03(8)(b) or Rule 391-3-1-

.03(8)(c). Where an existing Part 70 permit would prohibit such construction or change in 

operation, the source must obtain a permit revision before commencing operation; 

(iii) At least six months, but not more than 18 months prior to the date of permit expiration, for a 

source subject to permit renewal; or 

(iv) By January 1, 1996, for initial Phase II sulfur dioxide acid rain permits and by January 

1,1998, for initial Phase II nitrogen oxide acid rain permits. 

(v) within 12 months after commencing operation for a major source which commences 

operation after the date specified in subparagraph (10)(c)1.(i). 

2. Standard Permit Application and Required Information. The application shall be made in a 

format specified by the Director. It shall be signed by a responsible official, as defined in 40 

CFR 70.2, which is incorporated by reference in Subparagraph (a)4, certifying its truthfulness, 

accuracy and completeness. For the purpose of this section (10), 40 CFR 70.5(c) as amended 
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October 6, 2009, and 40 CFR 70.5(d) as promulgated July 21, 1992, are hereby incorporated 

and adopted by reference. The application may require additional pertinent information which is 

not specified in 40 CFR 70.5(c), as incorporated by reference in this subparagraph, as the 

Director may require. To be deemed complete, an application must provide all information 

required pursuant to this paragraph and paragraph (g), except that applications for permit 

revision need supply such information only if it is related to the proposed change. 

3. Unless the Director determines that an application, including renewal applications, is not 

complete within 60 days of receipt of the application, such application shall be deemed to be 

complete, except as otherwise provided in 40 CFR 70.7(a)(4) as promulgated July 21, 1992, 

which is hereby incorporated by reference. 

4. If, while processing an application that has been determined or deemed to be complete, the 

Director determines that additional information is necessary to evaluate or take final action on 

that application the Director may request such information in writing and set a reasonable 

deadline for a response. The source’s ability to operate without a Part 70 permit shall be in 

effect from the date the application is determined or deemed to be complete until the final permit 

is issued, provided that the applicant submits any requested additional information by the 

deadline specified by the Director. 

5. Any applicant who fails to submit any relevant facts or who has submitted incorrect 

information in a permit application shall, upon becoming aware of such failure or incorrect 

submittal, promptly submit such supplementary facts or corrected information. In addition, an 

applicant shall provide additional information as necessary to address any requirements that 

become applicable to the source after the date it filed a complete application but prior to release 

of a draft permit. 

(d) Permit Content. 

1. Standard Permit Requirements. 

(i) For the purposes of this section (10), 40 CFR Part 70.6(a) as amended October 6, 2009, and 

40 CFR 70.7(f) as promulgated July 21, 1992, are hereby incorporated and adopted by 

reference. 

(ii) The permit may include terms and conditions allowing for the trading of emissions changes 

in the permitted facility solely for the purpose of complying with a federally enforceable 

emissions cap that is established in the permit independent of otherwise applicable 

requirements. The permit applicant shall include in its application proposed replicable 

procedures and permit terms that ensure that the emissions trades are quantifiable and 

enforceable. The Director shall not be required to include in the emissions trading provisions 

any emissions units for which emissions are not quantifiable or for which there are no replicable 

procedures to enforce the emissions trades. The following conditions apply to the emissions 

trades: 

(I) The permittee shall provide written notification to the Director and EPA no less than seven 

days in advance of any change made pursuant to this subparagraph. The written notification 

shall state when the change will occur and shall describe the changes in emissions that will 
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result and how these increases and decreases in emissions will comply with the terms and 

conditions of the permit. 

(II) The permit shield described in paragraph (d)6. may extend to the permit terms and 

conditions that allow for the emissions increases and decreases described in this subparagraph. 

(iii) The permit may include additional elements not specified in 40 CFR Part 70.6(a), which is 

incorporated by reference in Subparagraph (d)1.(i), as required by the Director. 

2. The Director shall specifically designate as not being federally enforceable under the federal 

Clean Air Act any terms and conditions included in the permit that are not required under the 

federal Clean Air Act or under any of its applicable requirements. If the Director does not so 

designate a term or condition, it shall be deemed federally enforceable. 

3. Compliance Requirements. For the purposes of this section (10), 40 CFR 70.6(c) as 

amended June 27, 2003, is hereby incorporated and adopted by reference. 

4. General Permits: For the purpose of this section (10), 40 CFR 70.6(d) as promulgated July 

21, 1992, is hereby incorporated and adopted by reference. 

5. The Director may issue a single permit authorizing emissions from similar operations by the 

same source owner or operator at multiple temporary locations. The operation must be 

temporary and involve at least one chance of location during the term of the permit. No affected 

source shall be permitted as a temporary source. Permits for temporary sources shall include: 

(i) Conditions that will assure compliance with all applicable requirements at all authorized 

locations; 

(ii) Requirements that the owner or operator notify the Director at least 30 days in advance of 

each change in location; and 

(iii) Conditions that assure compliance with all of the provisions of this section. 

6. Permit Shield. 

(i) Except as provided in this section (10), the Director may expressly include in a Part 70 

permit a provision stating that a source which is in compliance with the conditions of the permit 

shall be deemed to be in compliance with any applicable requirements as of the date of the 

permit issuance, provided that: 

(I) Such applicable requirements are included and are specifically identified in the permit; or 

(II) The Director, in acting on the permit application or revision, determines in writing that other 

requirements specifically identified are not applicable to the source, and the permit includes the 

determination or a concise summary thereof. 

(ii) A Part 70 permit that does not expressly state that a permit shield exists shall be presumed 

not to provide such a shield. 
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(iii) Nothing in this paragraph or in any Part 70 permit shall alter or affect the following: 

(I) The provisions of section 303 of the federal Clean Air Act (emergency orders),including the 

authority of the Administrator under that section or the provisions of O.C.G.A. Section 12-9-14.; 

(II) The liability of an owner or operator of a source for any violation of applicable requirements 

prior to or at the time of permit issuance; or 

(III) The applicable requirements of the acid rain program, consistent with section 408(a) of the 

federal Clean Air Act; or 

(IV) The ability of EPA to obtain information from a source pursuant to section 114 of the 

federal Clean Air Act or of the Director to obtain information from a source pursuant to section 

391-3-1-.02(6). 

7. Emergency Provision: For the purpose of paragraph (d)7., 40 CFR Part 70.6(g) as 

promulgated July 21, 1992, is hereby incorporated and adopted by reference. 

(e) Permit Issuance, Renewal, Reopenings and Revisions. 

1. Action on application. 

(i) A permit, permit modification, or renewal may be issued only if all of the following conditions 

have been met: 

(I) The Director has received a complete application, except that a complete application need 

not be received before issuance of a general permit under subsection (d); 

(II) Except for modifications qualifying for minor permit modification procedures under 

subparagraphs (e)5.(i) or (e)5.(ii), the Director has complied with the requirements for public 

participation under paragraph (e)8.; 

(III) The Director has complied with the requirements for notifying and responding to affected 

States under subsection (f); 

(IV) The conditions of the permit provide for compliance with all applicable requirements; and 

(V) The EPA Administrator has received a copy of the proposed permit and any notices 

required under subsection (f) and has not objected to issuance of the permit under subsection 

(f) within the time period specified therein. 

(ii) Except as provided under the initial transition plan or under regulations promulgated under 

Title IV of the federal Clean Air Act, the Director shall take final action on each permit 

application (including request for permit modification or renewal) within 18 months after 

receiving a complete application. 

(iii) The Director shall provide a statement that sets forth the legal and factual basis for the draft 
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permit conditions (including references to the applicable statutory or regulatory provisions). The 

Director shall send this statement to EPA and to any other person who requests it. 

(iv) The submittal of a complete application shall not affect the requirement that any source 

have a preconstruction permit under Section 391-3-1-.03(8). 

2. Requirement for a permit. 

Except as provided in paragraph (b)5., Part (e)5.(i)(V) and Part (e)5.(ii)(V), no Part 70 source 

may operate after the time that it is required to submit a timely and complete application, except 

in compliance with a permit issued under this section (10). If a Part 70 source submits a timely 

and complete application for permit issuance (including for renewal), the source’s failure to have 

a Part 70 permit is not a violation until the Director takes final action on the permit application. 

This protection shall cease to apply if, subsequent to the completeness determination, the 

applicant fails to submit by the deadline specified in writing by the Director any additional 

information identified as being needed to process the application. 

3. Permit renewal and expiration. 

(i) Permits being renewed are subject to the same procedural requirements, including those for 

public participation, affected State and EPA review, that apply to initial permit issuance. 

(ii) Permit expiration terminates the source’s right to operate unless a timely and complete 

renewal application has been submitted. 

(iii) If a timely and complete application for permit renewal is submitted, but the Director has 

failed to issue or deny the renewal permit before the end of the term of the previous permit, then 

the permit shall not expire until the renewal permit has been issued or denied and any permit 

shield that may be granted pursuant to paragraph (d)6. shall extend beyond the original permit 

term until renewal. 

4. Administrative permit amendments. 

(i) Definitions: For the purpose of this paragraph, 40 CFR, Part 70.7(d)(1), as promulgated July 

21, 1992, is incorporated and adopted by reference.

(ii) Administrative permit amendments for purposes of the acid rain portion of the permit shall 

be governed by regulations promulgated under Title IV of the federal Clean Air Act. 

(iii) An administrative permit amendment may be made by the Director consistent with the 

following: 

(I) The Director shall take no more than 60 days from receipt of a request for an administrative 

permit amendment to take final action on such request, and may incorporate such changes 

without providing notice to the public or affected States provided that it designates any such 

permit revisions as having been made pursuant to this paragraph. 

(II) The Director shall submit a copy of the revised permit to the EPA Administrator. 
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(III) The source may implement the changes addressed in the request for an administrative 

amendment immediately upon submittal of the request. 

(iv) The Director may, upon taking final action granting a request for an administrative permit 

amendment, allow coverage by the permit shield for administrative permit amendments made 

pursuant to 40 CFR Part 70.7(d)(1)(v), which is incorporated by reference in Subparagraph 

(e)4.(i) of this rule, which meet the requirements for significant permit modifications. 

5. Permit modification. 

A permit modification is any revision to a Part 70 permit that cannot be accomplished under 

paragraph 4. A permit modification for purposes of the acid rain program shall be governed by 

regulations promulgated under Title IV of the federal Clean Air Act. 

(i) Minor permit modification procedures. 

(I) Minor permit modification procedures may be used only for those permit modifications that: 

I. Do not violate any applicable requirement; 

II. Do not involve significant changes to existing monitoring, reporting, or recordkeeping 

requirements in the permit; 

III. Do not require or change a case-by-case determination of an emission limitation or other 

standard, or a source specific determination for temporary sources of ambient impacts, or a 

visibility or increment analysis; 

IV. Do not seek to establish or change a permit term or condition for which there is no 

corresponding underlying applicable requirement and that the source has assumed to avoid an 

applicable requirement to which the source would otherwise be subject, including a federally 

enforceable emissions cap assumed to avoid classification as a modification under any 

provision of 391-3-1-.03(8), and an alternative emissions limit approved pursuant to regulations 

promulgated under section 112(j)(5) of the federal Clean Air Act; 

V. Are not modifications under any provision of 391-3-1-.03(8); and 

VI. Are not required by this section (10) to be processed as a significant modification. 

(II) An application requesting the use of minor permit modification procedures shall meet the 

requirements of subsection 8 and shall include the following: 

I. A description of the change, the emissions resulting from the change, and any new applicable 

requirements that will apply if the change occurs; 

II. The source’s suggested draft permit; 

III. Certification by a responsible official, consistent with subsection (c), that the proposed 
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modification meets the criteria for use of minor modification procedures and a request that such 

procedures be used; and 

IV. Completed forms for the Director to use to notify the EPA Administrator and affected States 

as required under subsection (f). 

(III) Within five working days of receipt of a complete minor permit modification application, the 

Director shall meet his obligation under paragraph (f)(1) and subparagraph (f)(2)(i) to notify the 

EPA Administrator and affected States of the requested permit modification. The Director shall 

promptly send any notice required under subparagraph (f)(2)(ii) to the EPA Administrator. 

(IV) The Director may not issue a final permit modification until after EPA’s 45-day review 

period or until EPA has notified the Director that EPA will not object to issuance of the permit 

modification, whichever is first, although the Director can approve the permit modification prior 

to that time. Within 90 days of the Director’s receipt of an application under minor permit 

modification procedures or 15 days after the end of the EPA Administrator’s 45-day review 

period under paragraph (f)(3), whichever is later, the Director shall: 

I. Issue the permit modification as proposed; 

II. Deny the permit modification application; 

III. Determine that the requested modification does not meet the minor permit modification 

criteria and should be reviewed under the significant modification procedures; or 

IV. Revise the draft permit modification and transmit to the EPA Administrator the new 

proposed permit modification as required by subsection (f). 

(V) The source may make changes proposed in its minor permit modification application as 

follows: 

I. For proposed changes that require a permit in accordance with 391-3-1-.03(1), the source 

may make the change proposed in its minor permit modification application immediately after 

obtaining a permit for the modification pursuant to the requirements of 391-3-1-.03(1). After the 

source makes such change and until the Director takes any of the actions specified in Part (IV), 

the source must comply with the applicable requirements governing the change, the proposed 

permit terms and conditions, and requirements of the construction permit issued under 391-3-1-

.03(1). During this time period, the source need not comply with the existing permit terms and 

conditions it seeks to modify. However, if the source fails to comply with its proposed permit 

terms and conditions and the requirements of the construction permit issued under 391-3-1-

.03(1) during this time period, the existing permit terms and conditions it seeks to modify and the 

requirements of the construction permit issued under 391-3-1-.03(1) may be enforced against it. 

II. For proposed changes that do not require a permit in accordance with 391-3-1-.03(1), the 

source may make the change proposed in its minor permit modification application upon receipt 

of a letter from the Division acknowledging receipt of said application. If the Director denies the 

permit modification application in accordance with Part (IV)II, the existing terms and conditions 

that the applicant seeks to modify may be enforced by the Division. 
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(VI) The permit shield may not extend to minor permit modifications. 

(ii) Group processing of minor permit modifications. The Director may modify the procedure 

outlined in subparagraph (e)5.(i) to process groups of a source’s applications for certain 

modifications eligible for minor permit modification processing. 

(I) Group processing of modifications may be used only for those permit modifications: 

I. That meet the criteria for minor permit modification procedures under subparagraph (e)5.(i); 

and 

II. That collectively are below 10 percent of the emissions allowed by the permit for the 

emissions unit for which the change is requested, 20 percent of the applicable definition of 

major source in paragraph (a)4., or 5 tons per year, whichever is least. 

(II) An application requesting the use of group processing procedures shall meet the 

requirements of paragraph (c)2. and shall include the following: 

I. A description of the change, the emissions resulting from the change, and any new applicable 

requirements that will apply if the change occurs. 

II. The source’s suggested draft permit. 

III. Certification by a responsible official that the proposed modification meets the criteria for 

use of group processing procedures under a request that such procedures be used. 

IV. A list of the source’s other pending applications awaiting group processing, and 

determination of whether the requested modification, aggregated with these other applications, 

equals or exceeds the threshold set under Subpart (e)5.(ii)(I)II. 

V. Certification that the source has notified EPA of the proposed modification. Such notification 

need only contain a brief description of the proposed modification. 

VI. Completed forms for the Director to use to notify the EPA Administrator and affected States 

as required under subsection (f). 

(III) On a quarterly basis or within five business days of receipt of an application demonstrating 

that the aggregate of a source’s pending applications equals or exceeds the threshold level set 

in Subpart (e)5.(ii)(I)II., whichever is earlier, the Director promptly shall comply with paragraphs 

(f)(1) and (f)(2). The Director shall send any notice required under subparagraph (f)(2)(ii) to the 

EPA Administrator. 

(IV) The provisions of Part (e)5.(i)(IV) shall apply to modifications eligible for group processing, 

except that the Director shall take one of the actions specified in Subparts (e)5.(i)(IV)I through 

IV. within 180 days of receipt of the application or 15 days after the end of the EPA 

Administrator’s 45-day review period under paragraph (f)(3), whichever is later. 
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(V) The provisions of Part 5.(i)(V) shall apply to modifications eligible for group processing. 

(VI) The provisions of Part 5.(i)(VI) shall also apply to modifications eligible for group 

processing. 

(iii) Significant modification procedures. 

(I) Significant modification procedures shall be used for applications requesting permit 

modifications that do not qualify as minor permit modifications or as administrative 

amendments. At a minimum, every significant change in existing monitoring permit terms or 

conditions and every relaxation of reporting or recordkeeping permit terms or conditions shall be 

considered significant. Nothing herein shall be construed to preclude the permittee from making 

changes consistent with this section (10) that would render existing permit compliance terms 

and conditions irrelevant. 

(II) Significant permit modifications shall meet all requirements of this section (10), including 

those for applications, public participation, review by affected States, and review by EPA, as 

they apply to permit issuance and permit renewal. 

6. Reopening for cause. 

(i) A permit shall be reopened and revised under any of the following circumstances: 

(I) Additional applicable requirements become applicable to a major Part 70 source with a 

remaining permit term of three or more years. Such a reopening shall be completed not later 

than 18 months after promulgation of the applicable requirement. No such reopening is required 

if the effective date of the requirement is later than the date on which the permit is due to expire, 

unless the original permit or any of its terms and conditions has been extended under 

subparagraph (e)3.(iii). 

(II) Additional requirements (including excess emissions requirements) become applicable to an 

affected source under the acid rain program. Upon approval by the Administrator, excess 

emissions offset plans shall be deemed to be incorporated into the permit. 

(III) The Director determines that the permit contains a material mistake or that inaccurate 

statements were made in establishing the emissions standards or other terms or conditions of 

the permit. 

(IV) The Director determines that the permit must be revised or revoked to assure compliance 

with the applicable requirements. 

(ii) Proceedings to reopen and issue a permit shall follow the same procedures as apply to 

initial permit issuance and shall affect only those parts of the permit for which cause to reopen 

exists. 

(i) Reopenings shall not be initiated before a notice of such intent is provided to the source by 

the Director at least 30 days in advance of the date that the permit is to be reopened, except 

that the Director may provide a shorter time period in the case of an emergency. 
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7. Reopenings for cause by EPA. 

(i) If the EPA Administrator finds that cause exists to terminate, modify or revoke and reissue a 

permit pursuant to Paragraph 6. and notifies the Director of such finding in writing, the Director 

shall, within 90 days after receipt of such notification, forward to EPA a proposed determination 

of termination, modification, or revocation and reissuance, as appropriate. If the EPA 

Administrator finds that a new or revised permit application is necessary or that the Director 

must require the permittee to submit additional information and extends this 90 day period, the 

Director shall forward the subject determination within 180 days of receipt of EPA’s notification. 

(ii) Within 90 days from receipt of an EPA objection, the Director shall resolve such objection 

and terminate, modify, or revoke and reissue the permit in accordance with EPA’s objection. 

8. Public participation. 

40 CFR Part 70.7(h), as promulgated July 21, 1992, is hereby incorporated and adopted by 

reference. 

(f) Permit review by EPA and affected states. 

1. The Director shall provide the EPA Administrator a copy of each permit application (including 

any application for permit modification), each proposed permit, and each final Part 70 permit. 

The Director may require the applicant to provide a copy of the permit application (including the 

compliance plan) directly to the EPA Administrator. Upon approval by the EPA Administrator, 

the Director may submit to the EPA Administrator a permit application summary form and any 

relevant portion of the permit application and compliance plan, in place of the complete permit 

application and compliance plan. 

2. Review by affected States. 

(i) The Director shall give notice of each draft permit to any affected State on or before the time 

that the Director provides this notice to the public under paragraph (e)8., except to the extent 

that subparagraphs (e)5.(i) or (e)5.(ii) require the timing of the notice to be different. 

(ii) The Director, as part of the submittal of the proposed permit to the EPA Administrator [or as 

soon as possible after the submittal for minor permit procedures allowed under subparagraphs 

(e)5.(i) or (e)5.(ii)], shall notify the EPA Administrator and any affected State in writing of any 

refusal by the Director to accept all recommendations for the proposed permit that the affected 

State submitted during the public or affected State comment period. The notice shall include 

the Director’s reasons for not accepting any such recommendation. The Director is not required 

to accept recommendations that are not based on applicable requirements or the requirements 

of this section (10). 

3. EPA objection. 

(i) No permit for which an application must be transmitted to the EPA Administrator under 

paragraph (f)1. shall be issued if the EPA Administrator objects to its issuance in writing within a 
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timely manner pursuant to 40 CFR 70.8(c), as promulgated July 21, 1992, and 40 CFR 70.8(d), 

as promulgated July 21, 1992, which are hereby incorporated by reference. 

(g) Insignificant Activities List 

Unless otherwise required by the Director, the following air pollutant sources/activities must be 

listed, but need not be described in detail, in the Part 70 permit application. Exclusion of these 

emissions from detailed reporting does not exclude them from inclusion in any applicability 

determination. Additionally, this insignificant listing may not be used to avoid any applicable 

requirement (i.e. NESHAP, NSPS, etc.) as defined in 40 CFR Part 70.2, which is incorporated 

by reference in Subparagraph (a)4. 

1. Mobile Sources. 

(i) Cleaning and sweeping of streets and paved surfaces. 

2. Combustion Equipment. 

(i) Fire fighting and similar safety equipment used to train fire fighters or other emergency 

personnel. 

(ii) Small incinerators that are not subject to any standard, limitation or other requirement under 

Section 111 or 112 [excluding 112(r)] of the Federal Act and are not considered a “designated 

facility” as specified in 40 CFR 60.32e of the Federal emissions guidelines for Hospital/Medical/ 

Infectious Waste Incinerators, that are operating as follows: 

(I) Less than 8 million BTUs per hour heat input, firing types 0, 1, 2 and/or 3 waste; or 

(II) Less than 8 million BTUs per hour heat input with no more than 10% pathological (Type-4) 

waste by weight combined with types 0, 1, 2 and/or 3 waste; or 

(III) Less than 4 million BTUs per hour heat input firing Type 4 waste. 

(IV) For the purpose of this subsection, the following definitions apply: 

I. “Type 0 waste” means trash. This refers to a mixture of combustible waste such as paper, 

cardboard, wood and floor sweepings; which contains up to 10% petrochemical waste, 5% noncombustibles and 10% moisture, by weight; which is generated from commercial activities; and 

having a higher heat value (HHV) of approximately 8,500 BTU/lb. 

II. “Type 1 waste” means rubbish. This refers to a mixture of combustible waste such as paper, 

cardboard, wood foliage and floor sweepings; which contains up to 10% petrochemical waste, 
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5% non-combustibles and 10% moisture, by weight; which is generated from domestic and 

commercial activities; and having a HHV of approximately 6,500 BTU/lb. 

III. “Type 2 waste” means refuse. This refers to an evenly distributed mixture of rubbish and 

garbage as usually received in municipal waste; which contains up to 50% moisture content, by 

weight and 7% non-combustible solids; and having a HHV of approximately 4,300 BTU/lb. 

IV. “Type 3 waste” means garbage. This refers to animal and vegetable wastes from 

restaurants, cafeterias, hotels, markets, and like installations; which contains up to 70% 

moisture, by weight, and 5% non-combustible solids; and having a HHV of approximately 2,500 

BTU/lb. 

V. “Type 4 waste” means human and animal remains. This refers to carcasses, organs, and 

solid organic wastes from hospitals, laboratories, abattoirs, animal pounds; and having a HHV of 

approximately 1,000 BTU/lb. 

(iii) Open burning in compliance with Georgia Rule 391-3-1-.02(5). 

(iv) Stationary Engines Burning: 

(I) Natural gas, gasoline, diesel fuel, or dual fuels which are used exclusively as emergency 

generators; or 

(II) Natural gas, LPG, and/or diesel fuel and used for peaking power (including emergency 

generators used for peaking power) where the peaking power use does not exceed 200 hoursper-year, except in the counties of Banks, Barrow, Bartow, Butts, Carroll, Chattooga, Cherokee, 

Clarke, Clayton, Cobb, Coweta, Dawson, DeKalb, Douglas, Fayette, Floyd, Forsyth, Fulton, 

Gordon, Gwinnett, Hall, Haralson, Heard, Henry, Jackson, Jasper, Jones, Lamar, Lumpkin, 

Madison, Meriwether, Monroe, Morgan, Newton, Oconee, Paulding, Pickens, Pike, Polk, 

Putnam, Rockdale, Spalding, Troup, Upson, and Walton where such engines with a rated 

capacity equal to and greater than 100 kilowatts are not insignificant activities; or 

(III) Natural gas, LPG, and/or diesel fuel used for other purposes, provided that the output of 

each engine does not exceed 400 horsepower and that no individual engine operates for more 

than one thousand hours-per-year; or 

(IV) Gasoline used for other purposes, provided that the output of each engine does not exceed 

100 horsepower and that no individual engine operates for more than 500 hours-per-year 

except in the counties of Banks, Barrow, Bartow, Butts, Carroll, Chattooga, Cherokee, Clarke, 

Clayton, Cobb, Coweta, Dawson, DeKalb, Douglas, Fayette, Floyd, Forsyth, Fulton, Gordon, 

Gwinnett, Hall, Haralson, Heard, Henry, Jackson, Jasper, Jones, Lamar, Lumpkin, Madison, 

Meriwether, Monroe, Morgan, Newton, Oconee, Paulding, Pickens, Pike, Polk, Putnam, 
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Rockdale, Spalding, Troup, Upson, and Walton where such engines with a rated capacity equal 

to and greater than 100 kilowatts used for peaking power are not insignificant activities. 

(V) For the purpose of this subsection, the following definitions shall apply: 

I. An “emergency generator” means a generator whose function is to provide back-up power 

when electric power from the local utility is interrupted and which operates for less than 500 

hours-per-year, except in the counties of Banks, Barrow, Bartow, Butts, Carroll, Chattooga, 

Cherokee, Clarke, Clayton, Cobb, Coweta, Dawson, DeKalb, Douglas, Fayette, Floyd, Forsyth, 

Fulton, Gordon, Gwinnett, Hall, Haralson, Heard, Henry, Jackson, Jasper, Jones, Lamar, 

Lumpkin, Madison, Meriwether, Monroe, Morgan, Newton, Oconee, Paulding, Pickens, Pike, 

Polk, Putnam, Rockdale, Spalding, Troup, Upson, and Walton where such generator operates 

less than 200 hours-per-year. 

II. “Used for peaking power” means used to reduce the electrical power requirements on the 

local utility grid. This could be for supplying power during the local utility’s peak demand periods 

or for peak shaving by the facility. 

3. Trade Operations. 

(i) Brazing, soldering and welding equipment, and cutting torches related manufacturing and 

construction activities whose emissions of hazardous air pollutants (HAPs) fall below 1,000 

pounds per year. 

4. Maintenance, Cleaning, and Housekeeping. 

(i) Blast-cleaning equipment using a suspension of abrasive in water and any exhaust system 

(or collector) serving them exclusively. 

(ii) Portable blast-cleaning equipment. 

(iii) Non-Perchloroethylene Dry-cleaning equipment with a capacity of 100 pounds per hour or 

less of clothes. 

(iv) Cold cleaners having an air/vapor interface of not more than 10 square feet and that do not 

use a halogenated solvent. 

(v) Non-routine clean out of tanks and equipment for the purposes of worker entry or in 

preparation for maintenance or decommissioning. 

(vi) Devices used exclusively for cleaning metal parts or surfaces by burning off residual 

amounts of paint, varnish, or other foreign material, provided that such devices are equipped 
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with afterburners. 

(vii) Cleaning Operations: Alkaline/phosphate cleaners and associated cleaners and burners. 

5. Laboratories and Testing. 

(i) Laboratory fume hoods and vents associated with bench-scale laboratory equipment used 

for physical or chemical analysis. 

(ii) Research and development facilities, quality control testing facilities and/or small pilot 

projects, where combined daily emissions from all operations are not individually major and are 

not support facilities making significant contributions to the product of a collocated major 

manufacturing facility. 

6. Pollution Control. 

(i) Sanitary wastewater collection and treatment systems, except incineration equipment or 

equipment subject to any standard, limitation or other requirement under Section 111 or 112 

[excluding 112(r)] of the Federal Act. 

(ii) On site soil or groundwater decontamination units that are not subject to any standard, 

limitation or other requirement under Section 111 or 112 [excluding 112(r)] of the Federal Act. 

(iii) Bioremediation operations units that are not subject to any standard, limitation or other 

requirement under Section 111 or 112 [excluding 112(r)] of the Federal Act. 

(iv) Landfills that are not subject to any standard, limitation or other requirement under Section 

111 or 112 [excluding 112(r)] of the Federal Act. 

7. Industrial Operations. 

(i) Concrete block and brick plants, concrete products plants, and ready mix concrete plants 

producing less than 125,000 tons per year. 

(ii) Any of the following processes or process equipment which are electrically heated or which 

fire natural gas, LPG or distillate fuel oil at a maximum total heat input rate of not more than five 

million BTUs per hour: 

(I) Furnaces for heat treating glass or metals, the use of which do not involve molten materials 

or oil-coated parts. 

(II) Porcelain enameling furnaces or porcelain enameling drying ovens. 
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(III) Kilns for firing ceramic ware. 

(IV) Crucible furnaces, pot furnaces, or induction melting and holding furnaces with a capacity 

of 1,000 pounds or less each, in which sweating or distilling is not conducted and in which 

fluxing is not conducted utilizing free chlorine, chloride or fluoride derivatives, or ammonium 

compounds. 

(V) Bakery ovens and confection cookers. 

(VI) Feed mill or grain mill ovens. 

(VII) Surface coating drying ovens. 

(iii) Carving, cutting, routing, turning, drilling, machining, sawing, surface grinding, sanding, 

planing, buffing, shot blasting, shot peening, or polishing; ceramics, glass, leather, metals, 

plastics, rubber, concrete, paper stock or wood, also including roll grinding and ground wood 

pulping stone sharpening, provided that: 

(I) The activity is performed indoors; and 

(II) No significant fugitive particulate emissions enter the environment; and 

(III) No visible emissions enter the outdoor atmosphere. 

(iv) Photographic process equipment by which an image is reproduced upon material sensitized 

to radiant energy (e.g., blueprint activity, photographic developing and microfiche). 

(v) Grain, food, or mineral extrusion processes. 

(vi) Equipment used exclusively for sintering of glass or metals, but not including equipment 

used for sintering metal-bearing ores, metal scale, clay, fly ash, or metal compounds. 

(vii) Equipment for the mining and screening of uncrushed native sand and gravel. 

(viii) Ozonization process or process equipment. 

(ix) Electrostatic powder coating booths with an appropriately designed and operated 

particulate control system. 

(x) Activities involving the application of hot melt adhesives where VOC emissions are less than 

5 tons per year and HAP emissions are less than 1,000 pounds per year. 
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(xi) Equipment used exclusively for mixing and blending water-based adhesives and coatings at 

ambient temperatures. 

(xii) Equipment used for compression, molding and injection of plastics where VOC emissions 

are less than 5 tons per year and HAP emissions are less than 1,000 pounds per year. 

(xiii) Ultraviolet curing processes where VOC emissions are less than five tons per year and 

HAP emissions are less than 1,000 pounds per year. 

8. Storage Tanks and Equipment. 

(i) All petroleum liquid storage tanks storing a liquid with a true vapor pressure of equal to or 

less than 0.50 psia as stored. 

(ii) All petroleum liquid storage tanks with a capacity of less than 40,000 gallons storing a liquid 

with a true vapor pressure of equal to or less than 2.0 psia as stored that are not subject to any 

standard, limitation or other requirement under Section 111 or 112 [excluding 112(r)] of the 

Federal Act. 

(iii) All petroleum liquid storage tanks with a capacity of less than 10,000 gallons storing a 

petroleum liquid. 

(iv) All pressurized vessels designed to operate in excess of 30 psig storing petroleum fuels 

that are not subject to any standard, limitation or other requirement under Section 111 or 112 

[excluding 112(r)] of the Federal Act. 

(v) Gasoline storage and handling equipment at loading facilities handling less than 20,000 

gallons per day or at vehicle dispensing facilities that are not subject to any standard, limitation 

or other requirement under Section 111 or 112 [excluding 112(r)] of the Federal Act. 

(vi) Portable drums, barrels, and totes provided that the volume of each container does not 

exceed 550 gallons. 

(vii) All chemical storage tanks used to store a chemical with a true vapor pressure of less than 

or equal to 10 millimeters of mercury (0.19 psia). 

Authority: O.C.G.A. Section 12-9-1 et seq., as amended. 
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A RESOLUTION 

Adopting Amendments to the 

Rules for Air Quality Control, Chapter 391-3-1 

WHEREAS, the Board adopted, under the authority of The Georgia Air Quality Act, O.C.G.A. 

12-9-1, et seq., the Rules for Air Quality Control, Chapter 391-3-1, which became 

effective on September 26, 1973, and were last amended May 20, 2014; and 

WHEREAS, the United States Environmental Protection Agency (U.S. EPA) requires that the 

various Rules for Air Quality Control, Chapter 391-3-1, be modified, as to their 

coverage and requirements, in order for Georgia to retain Federal approval under 

the Clean Air Act (CAA); and 

WHEREAS, the proposal for the amendments to the Rules for Air Quality Control, Chapter 

391-3-1, has been prepared by staff of the Environmental Protection Division and 

presented to this Board; and 

WHEREAS, amendments to the Rules for Air Quality Control, Chapter 391-3-1, will revise 

various portions of Rule .01, “Definitions. Amended.”, Rule .02, “Provisions. 

Amended.”, and Rule .03, “Permits. Amended.”; and 

WHEREAS, a public notice for the Air Quality rule amendments was published on EPD’s 

Environet website and on GovDelivery.com on April 3, 2014, and a public hearing 

was held on May 8, 2014; and 

WHEREAS, the impact of the adoption of these proposed rule amendments on small 

businesses in the State has been considered and found to be either minimal or if 

greater than minimal, unavoidable due to federal requirements and appropriately 

minimized; and 

WHEREAS, the cost of adoption of the proposed rule amendments upon the regulated 

community has been considered and found not to impose excessive regulatory 

costs on any regulated person or entity which costs could be reduced by a less 

expensive alternative that fully accomplishes the stated objectives of the Georgia 

Air Quality Act. 
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NOW, THEREFORE, BE IT RESOLVED THAT the Board of Natural Resources hereby adopts 

the amendments to the Rules for Air Quality Control, Chapter 391-3-1, as attached hereto and 

incorporated herein by reference. 

Adopted this 24th day of June 2014. 

Respectfully submitted by: 

Philip A. Wilheit, Jr., Chairman 

Board of Natural Resources 

ATTEST: 

William Bagwell, Jr., Secretary 

Board of Natural Resources