· . 

Rule 391-3-1-.02, subsection (2) (tt) thereof, relating to "voc 

Emissions from Major Sources"is hereby amended by striking 

subsection (2) (tt) in its entirety and sUbstituting in lieu thereof 

a new subsection (2) (tt) to read as follows: 

(tt) VOC Emissions from Major Sources. 

1. No person shall cause, let, permit, suffer or allow.the 

emissions of VOC from any source to exceed 25 tons per year unless 

such source has been approved by the Director as utilizing all 

reasonably available control technology in controlling those VOC 

emissions. 

2. For the purpose of this subparagraphsect ion, "Reasonably 

Available Control Technology" means the utilization and/or 

implementation of water based ORr low solvent coatings, VOC control 

equipments such as incineration, carbon adsorption, refrigeration 

or other 1 ike means as determined by the Director to represent 

reasonably available control technology for the source category in 

question. 

3. The requirements contained. in this subparagraphsection 

shall apply to all such sources located in those counties in 

Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, 

Forsyth, Fulton, Gwinnett, Henry, Paulding and Rockdale. 

4. For the purpose of determining applicability of this 

subparagraphsection, the emissions of VOC from any source shall 

exclude all VOC emissions sUbject to any other more specific VOC 

requirements contained in other sUbparagraphssections of this Rule. 

•	 List costs of the above possible control techniques. Initial 

cost as well as cost effectiveness (cost of control per ton 

of emission reduction) would be included. 

•	 Where applicable, list regulatory requirements in other 

states in which the source or similar sources may have 

operating facilities sUbject to RACT requirements. 

•	 Recommend the level of control to be determined to be RACT. 

Georgia Environmental Protection Division will then review this 

submittal and determine whether or not the RACT demonstration 

proposal is adequate to justify the RACT recommendation and whether 

or not the recommended RACT level is proper. This wi 11 be 

accomplished by reviewing the list of alternate control techniques 

evaluated to ensure that all possibilities were considered, by 

reviewing the cost analysis for reasonableness, by independently 

contacting other state air pollution control agencies and the u.s. 

EPA to determine what level of control is required or suggested at 

similar sources in other areas, and by comparing the source's 

recommendation to other similar sources in Georgia. If an initial 

source proposal is determined lacking, the Division will negotiate 

with the source. If necessary, a permit specifying the Division's 

judgement (unilaterally) would be issued. 

An air quality permit will be issued to include sufficient 

enforceable conditions to specify the required level or type of 

control, averaging time, and recordkeeping, reporting and testing 

requirements. Typical recordkeeping requirements are detailed in 

existing Rule 391-3-1-.02(6) (a)3. Where EPA-recommended emission 

test procedures are applicable they would normally be required. 

The averaging time for the allowable emission will follow minimum 

EPA requirements for identifiable and enforceable emissions that 

relate to ozone formation (normally daily or no more than monthly, 

depending on source operation). 

RACT for "Maior" VOC Sources 

Georgia adopted Rule 391-3-1-.02(2) (tt) in May 1985 to require RACT 

for all 100 tons per year VOC sources. This Rule was revised in 

October 1987 to require RACT for all 25 tons per year VOC sources. 

Compliance with this Rule was required by January 1, 1990. Georgia 

proposes to revise its SIP to incorporate this Rule. The Rule will 

be revised to incorporate the entire 13-county Atlanta 

nonattainment area. A copy is attached. 

Rule 391-3-1-.02(2) (tt) requires Reasonably Available Control 

Technology (RACT) , but differs from Georgia's other VOC rules in 

that there is not a specific numerical limit or reduction required. 

The other rules typically specify allowable VOC contents in inks or 

coatings, required reduction efficiencies for add-on control 

equipment, or work practices or procedures to be used. These rules 

were adopted based on EPA's Control Technique Guidelines (CTG's), 

which were developed after researching different types of VOC 

emitting categories and determining what RACT was for each 

category. 

Rule 391-3-1-.02(2) (tt) does not contain such specific limits due 

to the diversity of VOC source categories to which this Rule 

applies. For example, this Rule has been applied to offset 

printing, wood furniture surface coating, plastic parts surface 

coating, bakeries, paint manufacturing plants, expandable 

polystyrene foam production plants, oil recycling operations, and 

non-CTG coating and other operations at can manufacturing and 

automobile assembly plants. 

Georgia proposes to continue implementing Rule 391-3-1-.02(2) (tt) 

as it has in the past. Georgia will require each source emitting 

over 25 tons per year of VOC's in the Atlanta ozone nonattainment 

area to investigate all possible emission reduction methods and 

propose what it considers to be RACT. This will require each 

source to: 

•	 Fully describe the applicable emission points and basis for 

estimating current emissions. 

•	 List the emission rates and possible source emission points 

available for emission reductions. 

•	 List alternative VOC control techniques such as alternative 

coatings or raw materials, process modif ications, add-on 

control devices such as thermal incineration, catalytic 

incineration, condensation, or carbon adsorption, or changes 

in work practices (fugitive VOC control techniques). This 

listing would also detail the amount of VOC reduction 

achievable with each alternative. 

TECHNICAL SUPPORT FOR NOVEMBER 13, 1992 PROPOSED SIP REVISION 

1.	 The proposed SIP primarily regulates VOC and NOx emissions for 

the Atlanta ozone nonattainment area. However, parts of the 

New Source Review rule changes and the Small Business 

Assistance Program will deal with all other regulated 

pollutants across the State. 

2.	 The proposed SIP regulates the 13 county Atlanta ozone 

nonattainment area. Except for a lead nonattainment area in 

Muscogee County, the rest of the State is attainment for all 

other criteria pollutants. 

3.	 The proposed SIP includes emission limitation rules and 

requirements mandated by the 1990 Clean Air Act Amendments. 

Since this proposed SIP does not include an attainment plan, 

specific emission reductions have not been estimated. 

4.	 The NAAQS, PSD increments, RFP demonstration and visibility 

will be ·protected if this plan is approved and implemented, 

since the proposed SIP requires stricter limits. 

5.	 No modeling was required for this proposed SIP. 

6.	 The emission limits in the proposed SIP have been developed 

from EPA guidance, which requires continuous emission 

reduction technology. 

7.	 The existing SIP contains specific work practice standards and 

recordkeeping/reporting requirements to ensure compliance with 

emission limits. 

8.	 Enforcement will be carried out in accordance with the 

Georgia/EPA Air Enforcement Agreement. 

9.	 No special economic or technological justifications are 

required for this proposed SIP. 

(yyl Nitrogen Oxide Emissions from Major Sources 

1. No person shall cause. let. permit, suffer or allow the 

emissions of nitrogen oxides from any source to exceed 50 tons per 

year unless such source has been approved by the Director as 

meeting the appropriate requirement for all reasonably available 

control technology in controlling those nitrogen oxide emissions. 

2. The reguirements contained in this subsection shall apply to 

all such sources located in those counties of Cherokee, Clayton, 

Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth. Fulton, Gwinnett, 

Henry, Paulding and Rockdale. 

3. All existing sources of nitroqen oxide emissions sUbject to 

this subsection shall comply with the following compliance 

schedule: 

(i) A demonstration of appropriate reasonably available control 

technology for controlling NOx emissions from the source must be 

submitted to the Division no later than September 1, 1993. 

(i i) A final control plan and application for a oermit to 

construct for the installation of nitrogen oxide emission control 

systems and/or modifications of process or fuel-burning equipment 

must be submitted to the Division no later than February 1, 1994. 

(iii) On-site construction of emission control systems and/or 

modification of process or fuel-burning equipment must be completed 

by May 31, 1995. 

(iv) Full compliance with the applicable requirements of this 

subsection must be demonstrated through approved methods and 

procedures before July 31, 1995. 

4. The requirements contained in this subsection shall not 

apply to individual equipment at the source which emits nitrogen 

oxides in quantities less than a de minimis level of one ton per 

year or to air pollution control devices Which are installed to 

effect compliance with any requirement of this Chapter 391-3-1. 

Georgia Environmental Protection Division will then review this 

submittal and determine whether or not the RACT demonstration 

proposal is adequate to justify the RACT recommendation and whether 

or not the recommended RACT level is proper. This will be 

accomplished by reviewing the list of alternate control techniques 

evaluated to ensure that all reasonable available and demonstrated 

control techniques were considered, by reviewing the cost analyses 

for reasonableness, by independently contacting other state air 

pollution control agencies and the U.S. EPA to determine what level 

of control is required or suggested at similar sources in other 

areas, and by comparing the source's recommendation to other 

similar sources in Georgia. If an initial source proposal is 

determined lacking, the Division will negotiate with the source. 

If necessary, a permit specifying the Division's judgement 

(unilaterally) would be issued. 

An air quality permit will be issued to include sufficient 

enforceable conditions to specify the required level or type of 

control, averaging time, and recordkeeping, reporting and testing 

requirements. Where EPA - recommended emission test procedures are 

applicable they would normally be required. The averaging time for 

the allowable emission will follow minimum EPA requirements for 

identifiable and enforceable emissions that relate to ozone 

formation (normally daily or no more than monthly, depending on 

source operation). 

neT	 for "Maior" Nitrogen OXide Sources 

Georgia. proposes to adopt Rule 391-3-1-.02 (2) (yy) to require 

reasonably available control technology (RACT) for all 50 tons per 

year nitrogen oxide sources. Georgia proposes to revise its SIP to 

incorporate this Rule. A copy is attached. 

Proposed Rule 391-3-1-.02(2) (yy) requires (RACT) , but differs from 

Georgia's other nitrogen oxide Rule 391-3-1-.02(2) (d) in that there 

is not a specific numerical limit or reduction required. Rule 391­

3-1-.02(2) (d) specifies allowable emission limits per million BTU, 

for fuel burning equipment qreater than 250 million BTU per hour. 

Proposed Rule 391-3-1-.02(2) (yy) does not contain such numerical 

limits due to the diversity of nitrogen oxide source categories to 

which this Rule applies. For example, this Rule will regulate 

large utility boilers, portland cement kilns, industrial dryers, 

industrial boilers, and other groupings of fuel burning equipment. 

Georgia will require each source emitting 50 tons or greater per 

year of nitrogen oxides in the Atlanta ozone nonattainment area to 

investigate all reasonably available emission reduction methods 

which have been demonstrated on identical or similar type of NOx 

emitting equipment and propose what it considers to be RACT. This 

will require each source to: 

•	 Fully describe the applicable emission points and basis 

for estimating current emissions. 

•	 List the emission rates and possible source emission 

points available for emission reductions. 

•	 List alternative nitrogen oxide control techniques such 

as burner modifications, process modifications, add-on 

control devices, etc. This listing would also detail the 

amount of nitrogen oxide reduction achievable with each 

alternative. 

•	 List costs of the alternative control techniques. 

Initial cost as well as cost effectiveness (cost of 

control per ton of emission reduction) would be included. 

•	 Where applicable, list regulatory requirements in other 

states in which the source or similar sources may have 

operating facilities subject to NO, RACT requirements. 

•	 Recommend the level of control considered to be RACT. 

ADMINISTRATIVE MATERIALS FOR NOVEMBER 13, 1992 PROPOSED SIP 

REVISION 

1.	 The cover letter transmitting this proposed SIP revision is 

the formal letter of SUbmittal. 

2.	 Enclosed as evidence that Georgia has adopted the plan in the 

State regulations are: 

November 2, 1992 Certification of Administration rules 

filed with the Secretary of state, Chapter 391-3-1, Air 

Quality Control, and Chapter 391-3-10, Inspection and 

Maintenance 

August 27, 1992 certification of Administrative Rules 

filed with the Secretary of State, Chapter 391-3-1, Air 

Quality Control 

3.	 Enclosed is a copy of the Georgia Air Quality Act, which 

contains the necessary authority to adopt the plan (12-9-5; 

12-9-6) . 

4.	 Copies of the actual Air Quality Control and Inspection and 

Maintenance Regulations filed August 27, 1992 and November 2, 

1992 are enclosed with Item No.2. Also enclosed as part of 

this proposed plan submittal are: 

./~ RAeT	 for "Major"Nitrogen Oxide Sources 

RACT	 FOR "Major" VOC Sources 

Georgia Small Business Stationary Source Technical and 

Environmental Compliance Assistance Program State 

Implementation Plan Revision 

The 1990 Baseline Ozone Inventory 

Georgia Enhanced Vehicle Inspection & Maintenance (I&M) 

Program State Implementation Plan Committal 

Stage II Gasoline Vapor Control State Implementation Plan 

Revision 

5.	 Enclosed as evidence that Georgia followed all the procedural 

requirements in adopting this proposed plan are: 

Copy	 of the Rules for Administrative Procedures 

July	 12, 1992 and September 20, 1992 Public Notices 

July 15, 1992 and September 25, 1992 letters to 

Legislative Counsel 

Mr. Greer Tidwell 

Page 3 

November 13, 1992 

We look forward to prompt review and approval by EPA of these 

submittals. If you or your staff desire detailed explanations or 

interpretations of any point, please do not hesitate to contact Bob 

Collom of the Air Protection Branch. 

sincerely, 

~CVv'&~~'\ Harold F. Reheis 

Director 

HFR:njj 

cc:	 Winston smith (wjenclosures)
 

Bob Collom
 

Mr. Greer Tidwell 

Page 2 

November 13, 1992 

The cornrnittal schedule for development of the enhanced vehicle 

emission testing program in Atlanta includes timeframes which EPA 

indicated were needed to gain EPA's acceptance of that commitment. 

We will work diligently to meet the various actions and time 

deadlines. If matters beyond our control create any delays, we 

will inform Region IV and work out the best possible new schedule. 

It appears this may be needed because we understand some EPA 

interpretations and the final requirements issued by EPA on 

November 5 may have already changed from the dates Region IV had 

initially indicated as needed. The bottom line is that we will do 

what is actually needed as soon as it is practical to do properly. 

Although the pUblic hearing notice did not specifically highlight 

or mention the I &M committal schedule , it was covered in that 

notice in referring to ozone SIP requirements, was available for 

public review 30 days before the hearing and was discussed during 

that hearing. I understand that EPA will be able to accept this 

schedule either as a letter commitment (which we are hereby making) 

or as an SIP revision, assuming you conclude that the required SIP 

notice and review requirements have been satisfied. 

Enclosed with the SIP package are certifications that the 

required pUblic notices in the newspapers were provided, hearings 

held and comments received on these proposals, in satisfaction of 

the federal SIP-processing regulations. We have also enclosed the 

administrative materials and technical support to satisfy the SIP 

submittal completeness criteria checklist. 

With regard to the 1990 baseline inventory for the 13-county 

ozone nonattainment area around Atlanta, we understand that this 

fixed level of emissions (adjusted as required) will be the base 

against which percent reduction requirements will be gauged to meet 

the Clean Air Act requirements concerning VOC controls. It is 

recognized that for SIP modelling and overall strategy development, 

this inventory may need updating to use improved calculation and 

projection methods (Mobile 5 and other improvements). We are 

committed to doing so for SIP development purposes. However, we 

understand that inventory updating for SIP strategy needs will not 

change the "fixed" 1990 adjusted baseline inventory, used for 

percent reduction requirements. 

The off-road mobile emissions shown in the 1990 inventory for 

Atlanta are those furnished to us recently by EPA (prepared by a 

contractor). Since we have not been given adequate information to 

understand the basis of this part of the inventory, we reserve the 

right (upon receipt of such information) to make some changes to 

it. It is not likely these would be significant. 

/ ) Georgia Departmert' .. -f Natural Resources 

205 Butler Street, S.E., East Floyd Tower, Atlanta, Georgia 30334 

Joe D. Tanner. Commissioner 

Harold F. Reheis, Director 

Environmental Protection Division 

November 13, 1992 

Mr. Greer Tidwell 

Regional Administrator 

U.S. Environmental Protection Agency 

345 Courtland street, NE 

Atlanta, Georgia 30365 

Dear Mr. Tidwell: 

By copy of this letter, we are supplying to Winston smith two 

copies of the various state regulations, SIP commitments and 

narratives regarding ozone SIP requirements for the Atlanta area 

due by November 15, 1992 to satisfy the Clean Air Act. We 

appreciate the helpful comments and reviews that Region IV has 

provided to our staff in the development of these regulations and 

operating program procedures. We look forward to continued close 

discussion and cooperation as other programs and further details 

need to be developed. 

It is our understanding that the material being submitted is 

satisfactory and approvable by EPA in meeting the Clean Air Act 

requirements at the current time. 

Although not required for EPA approval, Region IV has given us 

some comments as to preferences on certain program operating 

procedures. We will seriously consider those suggestions and work 

further with your staff on at least some of them. As required for 

EPA approval, as stated in Region IV's official comments for our 

public hearing on these matters, we have added an SIP narrative for 

Stage II implementation dealing with p~blic education, enforcement 

and training. with regard to the annual emissions statements from 

point sources of VOC and NO x in the Atlanta area, we already have 

adequate authority to require that the affected sources sign a 

certification statement when the data is submitted to us. This 

will be done. 

'""'" ". 

Rule 391-3-1-.02, subsection (2) (tt) thereof, relating to "VOC 

Emissions from Major Sources"is hereby amended by striking 

subsection (2) (tt) in its entirety and substituting in lieu thereof 

a new subsection (2) (tt) to read as follows: 

(tt) VOC Emissions from Major Sources. 

1. No person shall cause, let, permit, suffer or allow.the 

emissions of VOC from any source to exceed 25 tons per year unless 

such source has been approved by the Director as utilizing all 

reasonably available control technology in controlling those VOC 

emissions. 

2. For the purpose of this subparagraphsect ion, "Reasonably 

Available Control Technology" means the utilization and/or 

implementation of water based Ofl~ low solvent coatings, VOC control 

equipments such as incineration, carbon adsorption, refrigeration 

or other 1 ike means as determined by the Director to represent 

reasonably available control technology for the source category in 

question. 

3. The requirements contained in this sUbparagraphsection 

shall apply to all such sources located in those counties in 

Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, 

Forsyth, Fulton, Gwinnett, Henry, Paulding and Rockdale. 

4. For the purpose of determining applicability of this 

subparagraphsection, the emissions of VOC from any source shall 

exclude all VOC emissions subject to any other more specific VOC 

requirements contained in other subparagraphssections of this Rule. 

Mr. Greer Tidwell 

Page 3 

November 13, 1992 

We look forward to prompt review and approval by EPA of these 

submittals. If you or your staff desire detailed explanations or 

interpretations of any point, please do not hesitate to contact Bob 

Collom of the Air Protection Branch. 

Sincerely, 

~cv~Jl~Jh~\ Harold F. Reheis 

Director 

HFR:njj 

cc:	 Winston Smith (w/enclosures) 

Bob Collom 

Mr. Greer Tidwell 

Page 2 

November 13, 1992 

The committal schedule for development of the enhanced vehicle 

emission testing program in Atlanta includes timeframes which EPA 

indicated were needed to gain EPA's acceptance of that commitment. 

We will work diligently to meet the various actions and time 

deadlines. If matters beyond our control create any delays, we 

will inform Region IV and work out the best possible new schedule. 

It appears this may be needed because we understand some EPA 

interpretations and the final requirements issued by EPA on 

November 5 may have already changed from the dates Region IV had 

initially indicated as needed. The bottom line is that we will do 

what is actually needed as soon as it is practical to do properly. 

Although the public hearing notice did not specifically highlight 

or mention the I&M committal schedule, it was covered in that 

notice in referring to ozone SIP requirements, was available for 

pUblic review 30 days before the hearing and was discussed during 

that hearing. I understand that EPA will be able to accept this 

schedule either as a letter commitment (Which we are hereby making) 

or as an SIP revision, assuming you conclude that the required SIP 

notice and review requirements have been satisfied. 

Enclosed with the SIP package are certifications that the 

required public notices in the newspapers were provided, hearings 

held and comments received on these proposals, in satisfaction of 

the federal SIP-processing regulations. We have also enclosed the 

administrative materials and technical support to satisfy the SIP 

submittal completeness criteria checklist. 

with regard to the 1990 baseline inventory for the 13-county 

ozone nonattainment area around Atlanta, we understand that this 

fixed level of emissions (adjusted as required) will be the base 

against which percent reduction requirements will be gauged to meet 

the Clean Air Act requirements concerning VOC controls. It is 

recognized that for SIP modelling and overall strategy development, 

this inventory may need updating to use improved calculation and 

projection methods (Mobile 5 and other improvements). We are 

committed to doing so for SIP development purposes. However, we 

understand that inventory updating for SIP strategy needs will not 

change the "fixed" 1990 adjusted baseline inventory, used for 

percent reduction requirements. 

The off-road mobile emissions shown in the 1990 inventory for 

Atlanta are those furnished to us recently by EPA (prepared by a 

contractor). Since we have not been given adequate information to 

understand the basis of this part of the inventory, we reserve the 

right (upon receipt of such information) to make some changes to 

it. It is not likely these would be significant. 

Georgia Departme"t 'f Natural Resources ----=---...:..._---, ',. 

205 Butler Street, S.E., East yd Tower, Atlanta, Georgia 30334 

• Joe D. Tanner, Commissioner 

Harold F. Reheis, Director 

Environmental Protection Division 

November 13, 1992 

Mr. Greer Tidwell 

Regional Administrator 

u.s. Environmental Protection Agency 

345 Courtland street, NE 

Atlanta, Georgia 30365 

Dear Mr. Tidwell: 

By copy of this letter, we are supplying to Winston smith two 

copies of the various State regulations, SIP commitments and 

narratives regarding ozone SIP requirements for the Atlanta area 

due by November 15, 1992 to satisfy the Clean Air Act. We 

appreciate the helpful comments and reviews that Region IV has 

provided to our staff in the development of these regulations and 

operating program procedures. We look forward to continued close 

discussion and cooperation as other programs and further details 

need to be developed. 

It is our understanding that the material being submitted is 

satisfactory and approvable by EPA in meeting the Clean Air Act 

requirements at the current time. 

Although not required for EPA approval, Region IV has given us 

some comments as to preferences on certain program operating 

procedures. We will seriously consider those suggestions and work 

further with your staff on at least some of them. As required for 

EPA approval, as stated in Region IV's official comments for our 

public hearing on these matters, we have added an SIP narrative for 

Stage II implementation dealing with pUblic education, enforcement 

and training. With regard to the annual emissions statements from 

point sources of VOC and NOx in the Atlanta area, we already have 

adequate authority to require that the affected sources sign a 

certification statement when the data is submitted to us. This 

will be done. 

ADMINISTRATIVE MATERIALS FOR NOVEMBER 13, 1992 PROPOSED SIP 

REVISION 

1.	 The cover letter transmitting this proposed SIP revision is 

the formal letter of submittal. 

2.	 Enclosed as evidence that Georgia has adopted the plan in the 

State regulations are: 

November 2, 1992 certification of Administration rules 

filed with the Secretary of State, Chapter 391-3-1, Air 

Quality Control, and Chapter 391-3-10, Inspection and 

Maintenance 

August 27, 1992 certification of Administrative Rules 

filed with the Secretary of State, Chapter 391-3-1, Air 

Quality Control 

3.	 Enclosed is a copy of the Georgia Air Quality Act, which 

contains the necessary authority to adopt the plan (12-9-5; 

12-9-6) . 

4.	 Copies of the actual Air Quality Control and Inspection and 

Maintenance Regulations filed August 27, 1992 and November 2, 

1992 are enclosed with Item No.2. Also enclosed as part of 

this proposed plan submittal are: 

/ 

./- RACT for "Major"Nitrogen Oxide Sources 

RACT	 FOR "Major" VOC Sources 

Georgia Small Business Stationary Source Technical and 

Environmental Compliance Assistance Program State 

Implementation Plan Revision 

The 1990 Baseline Ozone Inventory 

Georgia Enhanced Vehicle Inspection & Maintenance (I&M) 

Program State Implementation Plan Committal 

Stage II Gasoline Vapor Control State Implementation Plan 

Revision 

5.	 Enclosed as evidence that Georgia followed all the procedural 

requirements in adopting this proposed plan are: 

Copy	 of the Rules for Administrative Procedures 

July	 12, 1992 and September 20, 1992 Public Notices 

July 15, 1992 and September 25, 1992 letters to 

Legislative Counsel 

The commitment to the On-Road Testing requirement will meet 

the coverage required in the final EPA regulations, with at 

least enough coverage to identify actual emissions and make 

any improvements needed to the overall program to achieve the 

reductions claimed. 

III. Implementation Milestones 

Request for legal authority, as needed January 1993 

Program design and definition	 May 1993 

promulgation of final regulations	 July 1993 

Issuance of final specifications 

and procedures August 1993 

Issuance of Request for Proposal 

(RFP) August 1993 

Final liM SIP Submittal November 1993 

Begin Enhanced Testing on a 

phased-in basis July 1994 

Complete Enhanced Testing 

Program December 1995 

IV.	 The commitment to meet the above schedule is sUbject to the 

prompt issuance of final EPA regulations and guidance, along 

with the MOBILES Emission Factor Program. 

'?,"l 

':~

2
 

_.
 

Georqia Enhanced Vehicle Inspection and Maintenance (I'M) Proqram 

state Implementation Plan committal 

I.	 Introduction 

A.	 Due to the delay in the pUblishing of final EPA enhanced 

11M regulations guidance, the state of Georgia is seeking 

conditional approval of the 11M SIP revision as specified 

in section 110(k) of the Clean Air Act. This approval is 

based on the State's commitment to the adoption and 

implementation of an I/M program meeting all the 

requirements of the final EPA I/M Rules. Included in 

this submittal is the schedule of program implementation 

milestones that addresses the promulgation of draft and 

final state regulations, the issuance of a final 

specifications and procedures, the issuance of final 

Request for Proposals, and all other relevant dates, 

including mandatory testing dates (program operational) . 

B.	 Currently, the state of Georgia operates an inspection 

and maintenance program in four counties within the 

Atlanta ozone nonattainment area. The program is a 

decentralized program that features idle and second 

chance testing for CO and HC emissions of light-duty 

passenger cars and trucks, the use of computerized 

emission analyzers, tampering checks, and enforcement 

through registration denial. 

C.	 Section 182 of the 1990 Clean Air Act Amendments requires 

a more effective "enhanced" inspection and maintenance 

program to reduce the hydrocarbon and NOx emissions from 

vehicles registered in each urbanized area of ozone 

nonattainment areas designated Serious or worse. Since 

the Atlanta ozone nonattainment area is classified under 

the 1990 Clean Air Act Amendments as serious and includes 

an urbanized area with population of 200,000 or more, an 

enhanced vehicle inspection and maintenance program must 

be implemented. 

II. SIP Commitments 

The state of Georgia commits to the adoption and 

implementation of an enhanced I/M program meeting the 

Inspection/Maintenance Program requirements stated in the 

final EPA I/M regulations. Included is the commitment to the 

use of required improved test equipment and procedures for 

testing exhaust CO, HC, and NOx and a purge/pressure test for 

vapor control on those vehicles to which those procedures 

apply. 

Chapter 391-3-10 Inspection and Maintenance 

90 day period specified above, the station 

shall be required to meet the requirements of 

Rule 391-3-10-.17. 

Authority, O.C.G.A. 

amended. 

§ 12-9-40, et seq., as 

391-3-10-.19 Appointment of Mechanic 

Inspectors. 

(1) The Implementing Authority shall 

permit each Mechanic Inspector after such 

Mechanic has met the requirements of Department 

of Natural Resources Rule 391-3-10-.07. 

(2) The Mechanic Inspector shall be 

responsible for maintaining security for his 

analyzer entry code and using same for 

inspection purposes. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.20 Renewal of Mechanic 

Inspector Permit. 

(1) A Mechanic Inspector's permit shall 

be renewed yearly between May 1st and August 

1st upon submission of an approved renewal 

application. 

(2) Failure to complete the foregoing 

requirements within the time specified, except 

for obtaining approval of the application, 

will result in the immediate suspension of the 

Mechanic Inspector's permit and privileges to 

inspect motor vehicles for emissions. The 

Mechanic Inspector shall not again resume 

inspections until having complied with this 

rule and if the requirements for renewal are 

not accomplished within 90 days on the 

expiration of the proceeding permit, 

application must be made pursuant to the 

Chapter 391-3-10 Inspection and Maintenance 

Cobb 

DeKalb 

Fulton 

Gwinnett 

Authority Ga. Code Ann. Section 12-9-40. 

391-3-10-.14 Inspection Term. 

The inspection term shall be annual. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.15 Motor Vehicles Exempted. 

Any motor vehicle manufactured in a model 

year ending more than 11 calendar years prior 

to January 1 of the calendar year in which 

these requirements are being enforced, or is 

sought to be enforced, shall be exempt from the 

requirement to obtain a certificate of emission 

inspection. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.16 Imp 1 e men tat ion 

Administration. 

Pursuant to the Georgia Motor Vehicle 

Inspection and Maintenance Act, O.C.G.A. § 12­

9-46, the Director, on behalf of the Board of 

Natural Resources, may contract with the 

Department of Public Safety to implement the 

Inspection and Maintenance Program. 

Authority, O.C.G.A. S 12-9-40, et seq., as 

amended. 

391-3-10-.17 Appointment of Official 

Motor Vehicle Emission Inspection Station. 

(1) The Implementing Authority shall 

issue a certificate of Authorization to the 

Inspection and Maintenance ~hapter 391-3-10 

(iv) reverse the hearing officer's 

decision and enter such order in the case as is 

deemed appropriate. 

(g) Rehearing. Motions to reconsider an 

agency decision or ruling must be received by 

the Implementing Authority within ten (10) days 

after the decision or ruling is rendered. 

(3) (a) No suspension notice or order 

requiring the surrender of a mechanic 

inspector's emission inspection permit shall 

occur until the mechanic inspector is given 

prior notice and is offered a hearing. 

(b) The procedures and policies for 

conducting a hearing requested by a mechanic 

inspector shall be those set forth in Paragraph 

( 2 ) ( a) - (g) 0 f thi s ru1e . 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

Chapter 391-3-10 Inspection and Maintenance 

prescribed herein. No evidence will be 

received by the agency in any form. 

(4) If the party requesting agency review 

desires that the agency consider matters which 

are not part of the record, the agency should 

be requested to remand the matter to the 

Hearing Officer for receipt of such additional 

evidence. Remands for the purpose of receiving 

additional evidence will be granted only if 

deemed by the agency to be justified upon a 

showing that the evidence was not available at 

the time of the hearing, through no fault of 

the party requesting the remand, and could not 

have been made available by the exercise of 

reasonable diligence. 

(f) Conduct of agency review. 

(1) Agency review shall be conducted by 

the Commissioner of the Implementing Authority, 

except when the Commissioner of the 

Implementing Authority determines that conduct 

of agency review in any case in which he is the 

designated reviewing agency may involve the 

exercise of a policy-making function, in which 

case he shall refer such case to the Board of 

Natural Resources for agency review. 

(2) The agency may dispose of the case in 

any of the following ways: 

(i) affirm the initial decision of the 

hearing officer and adopt his findings or 

conclusions or both as is deemed appropriate; 

(ii) adopt a new decision based on the 

record; 

(iii) remand the case to the hearing 

officer for such further proceedings as the 

agency may order; 

Inspection and Maintenance ~hapter 391-3-10 

order sought. No motion shall be ruled upon 

except when the entire case is ruled upon 

unless the moving party specifically requests a 

hearing at some other time and the 

Implementing Authority deems such ruling 

appropriate. 

(d) Hearing. Hearings in all contested 

cases shall be conducted before a Hearing 

Officer appointed by the Implementing 

Authority. Upon conclusion of the hearing, the 

Hearing Officer shall prepare an Initial 

Decision, a copy of which shall be mailed to 

the party requesting the hearing. 

(e) Practice on Agency Review. The 

practice and proceedings for securing agency 

review on an initial decision of the Hearing 

Officer shall be as follows: 

(1) Request for agency review shall be 

submitted in writing to the Implementing 

Authority within thirty (30) days of the date 

of the Initial Decision. No hearing shall be 

held if requested thereafter except where 

events uncontrollable by the aggrieved party 

are shown to have prevented a timely request. 

In this regard, the decision of the agency 

shall be final. 

(2) A party desiring agency review may 

submit to the agency written arguments, briefs 

and motions within the same limitations as 

prescribed for a request for agency review. On 

agency review, the appealing party shall not 

present arguments, briefs, or motions to the 

agency except in writing as herein prescribed. 

(3) The agency decision on agency review 

shall be based solely on the record developed 

before the Hearing Officer and such arguments, 

briefs, and motions as have been submitted as 

Chapter 391-3-10 Inspection and Maintenance 

(b) Limitation on the right to hearing. 

The following limitations shall apply to any 

person who seeks a hearing pursuant to this 

Rule: 

(1) A request for a hearing must be made 

in writing within ten (10) days after the date 

that the notice of suspension or order is 

delivered. Delivery may be made by personal 

delivery, certified mail, or in the case of an 

owner or operator of a motor vehicle inspection 

station by posting a copy of the notice of 

suspension or order on the door of the motor 

vehicle inspection station; 

(2) Failure to appear at a hearing, 

scheduled upon request as provided herein, will 

result in the suspension of motor vehicle 

inspection privileges as of the effective date 

of the notice of suspension or order unless a 

written request for a continuance is made to 

the Implementing Authority at least five (5) 

days prior to the scheduled hearing and such 

continuance is granted by the Implementing 

Authority; 

(3) Failure to make a timely request for 

a hearing as provided for herein will be deemed 

to constitute a waiver of a hearing, and the 

suspension of emission inspection privileges 

shall become effective on the effective date of 

the notice of suspension or order and shall 

continue in effect until dissolved by further 

order of the Implementing Authority. 

(c) Motions. Any application to the 

Implementing Authority to enter any order or to 

take any action after the filing of the request 

for hearing shall be by motion which, unless 

made during a hearing, shall be made in 

writing, shall state specifically the grounds 

therefor, and shall set forth the action or 

Inspection and Maintenance ~hapter 391-3-10 

391-3-10-.35 Hearinqs. 

(1) No suspension notice or order 

requiring the surrender of a certificate 

authorizing an inspection station to perform 

emission inspections shall occur until the 

station owner or operator is given prior notice 

and offered a hearing. 

(2) The hearing and appea 1 procedures 

provided for in the Georgia Administrative 

Procedure Act shall be followed. Cases heard 

pursuant to the Georgia Administrative 

Procedure Act shall be conducted in accordance 

with the procedures provided therein and the 

following procedures: 

(a) Initiating a contested case. Any 

person who is legally entitled to contest a 

rUling or order of the Implementing Authority 

may do so by filing with the Implementing 

Authority a request for hearing which shall 

contain the following: 

(1) A title which indicates the nature of 

the proceeding; 

(2) The complete name and address of the 

party filing the request; 

(3) The name and address of all other 

interested parties; 

(4) A clear and concise statement of the 

facts upon which the contested case arises; 

(5) A prayer setting forth the relief 

sought; and 

(6) If the party filing the request is 

represented by counsel, the name and address of 

counsel. 

Chapter 391-3-10 Inspection and Maintenance 

an inspection station at no cost to the vehicle 

operator or owner. 

(2) Credit shall be given to the station 

for such defective emission inspection stickers 

upon return thereof to the Implementing 

Authority, as prescribed in Rule 391-3-10-.24. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.33 Reports, Cassette Tapes. 

Each station shall maintain the station 

copy of the inspection forms in a secure 

location for twelve (12) months and said copy 

shall be stored and issued in sequential order. 

Analyzer data tapes shall be furnished by the 

Implementing Authority. Only personnel 

designated by the Implementing Authority 

(Station Inspector) shall be authorized to 

insert into or remove sUbj ect tapes from the 

analyzer. The station management will notify 

the Implementing Authority requesting a tape 

change when there remains a minimum of 100 

inspections on the existing tape. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.34 violation of Law or Rules: 

Penalty. 

In addition to the provisions of Ga. Code 

Ann. Chapter 12-9-40, any violation of these 

Department of Natural Resources Rules, Chapter 

391-3-10, on the part of the station's owner or 

mechanic inspectors, will be cause for 

suspension of the station and/or mechanic 

inspector's Certificate of Authorization by the 

Implementing Authority. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

Inspection and Maintenance ~hapter 391-3-10 

(verification form) of emission inspection 

issued by demonstrating that said vehicle had 

been inspected previously and had obtained a 

current registration form showing the emission 

sticker number and a valid matching inspection 

sticker. In all cases, the duplicate 

certificate of emission inspection 

(verification form) shall be valid only for the 

remainder of the period for which the replaced 

emission inspection sticker or certificate of 

emission inspection was to be valid. Only 

motor vehicle registration offices in Cobb, 

DeKalb, Fulton and Gwinnett counties and the 

Implementing Authority may issue duplicate 

certificates (verification form). 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.31 Certificates of Emission. 

(1) Order forms for inspection stickers 

and other forms necessary for inspection shall 

be furnished by the Implementing Authority. 

Inspection stickers shall be sold to 

certificate of Authorization holders at prices 

as stated in Rule 391-3-10-.12. 

(2) A sufficient supply of emission 

inspection stickers, inspection forms, and 

year tabs shall be maintained by the inspection 

station at all times. These may be ordered or 

picked up from the Implementing Authority. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.32 Credit for Detective 

Emission Inspection certiticates, stickers. 

(1) An emission inspection sticker that 

contains a manufacturer's defect that had been 

placed on a motor vehicle shall be replaced by 

Chapter 391-3-10 Inspection and Maintenance 

the lower left-hand corner of the windshield of 

the approved vehicle as viewed from the 

driver's seat. Any other sticker in the 

designated location must be removed. If an 

emission inspection sticker is issued for a 

vehicle having no windshield, the sticker shall 

be affixed to the steering column so as to be 

subject to view. 

Authority, a.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.30 completion of Emission 

Inspection sticker, Loss, Theft, 

Transferability of Same. 

(1) The Mechanic Inspector shall write in 

indelible pencil or laundry marker, on the back 

of each emission inspection sticker to be 

attached to a motor vehicle, the date of 

inspection, vehicle identification number of 

approved vehicle, the inspection station number 

and his or her signature. The inspection 

stickers shall be issued in sequential order by 

station. The Mechanic Inspector shall punch 

the correct month of expiration with a onefourth inch punch, affix the correct year tab 

to sticker and affix immediately as per Rule 

391-3-10-.29. Each station is responsible for 

maintaining adequate security of emission 

stickers, year tabs, and inspection forms and 

for the proper issuance of inspection stickers 

furnished to each station. Stickers and 

inspection forms are not transferable from one 

station to another station. Damaged stickers, 

inspection forms and year tabs shall be 

retained by the station and surrendered to the 

station Inspector upon request. 

(2) The owner of a responsible motor 

vehicle who has lost the certificate of 

emission inspection required in any inspection 

term may have a duplicate certificate 

Inspection and Maintenance ~hapter 391-3-10 

391-3-10-.27 Purchase of a Vehicle. 

(1) No dealer engaged in the business of 

selling used motor vehicles and located within 

Cobb, DeKalb, Fulton and Gwinnett counties 

shall sell at retail any responsible motor 

vehicle, as defined by the Act, intended for 

highway use without a valid emission sticker 

affixed, if the purchaser as provided by law is 

to register subject vehicle in any county 

listed in Rule 391-3-10-.13. 

(2) The valid emission sticker affixed to 

a used vehicle represents that it has met all 

requirements as prescribed by Georgia laws and 

rules and regulations. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

or 

391-3-10-.28 

Salvage. 

Sale of Vehicle for Parts 

An 

required 

emission 

for any 

inspec

motor 

tion sticker 

vehicle that 

is not 

might 

otherwise be sUbject to pre-sale emiss10n 

inspection, but is sold for salvage or for 

parts rather than for use as a motor vehicle on 

the streets and highways, provided that said 

vehicle is not in fact operated on the streets 

and highways, but is towed or hauled by some 

other vehicle. The purpose for which the 

vehicle is sold shall be indicated by the 

seller on the bill of sale. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.29 Emission Inspection Sticker 

Location. 

The Mechanic Inspector, immediately after 

the vehicle passes an emission inspection, 

shall place the emission inspection sticker in 

Chapter 391-3-10 Inspection and Maintenance 

391-3-10-.25 Expiration Period of 

Emission Inspection stickers; 

Issuance. 

(1) The expiration date of all inspection 

stickers will be midnight of the last day of 

the month in which they are issued, one year 

hence. 

(2) Anyone registering a motor vehicle in 

Cobb, DeKalb, Fulton and Gwinnett counties 

shall submit the motor vehicle for initial 

inspection within five (5) days after having 

established residence in such jurisdiction. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.26 Vehicle Returning to state; 

In state Vehicles Not Previously Required to be 

Inspected. 

(1) An owner of a vehicle registered in 

Cobb, DeKalb, Fulton and Gwinnett counties of 

the state of Georgia found to be in 

noncompliance with the National Ambient Air 

Quality Standards that is located outside of 

the state at the time its emission inspection 

sticker expires is allowed a five (5) day grace 

period in which to obtain an inspection 

following the return of the vehicle to Georgia. 

(2) All non-resident vehicles shall be 

required to have sUbject vehicle inspected and 

receive a state emission inspection sticker 

prior to issuance of a license plate. A five 

(5) day grace period shall be granted after 

becoming a resident of Cobb, DeKalb, Fulton and 

Gwinnett counties. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

Inspection and Maintenance thapter 391-3-10 

(6) A repair waiver will be required 

during a reinspection only when the vehicle 

does not attain its respective year group 

standards for CO and HC. 

(7) In all circumstances, when a rejected 

vehicle is presented for reinspection, the 

owner shall present the customer copy of the 

inspection form. In the event the owner should 

fail to produce sUbject form, no reinspection 

will be warranted. The owner must apply as for 

an original inspection and pay the fee as 

stated in Rule 391-3-10-.12. 

(8) The station management shall refund 

the initial inspection fee if a owner returns a 

vehicle for reinspection within the allocated 

30 day period to a station that has ceased to 

inspect either temporarily or permanently or by 

appointment. However, a temporary closure 

shall not include the two routine off days per 

week scheduled by a station. 

(9) A copy of the Federal Exemption Form 

"EPA Form 3520-1" shall be presented to the 

Mechanic Inspector when an imported vehicle is 

presented for an inspection with the emission 

devices missing. This form shall be mailed 

each month to the Implementing Authority. 

(10) Voided stickers shall be 

surrendered to the area station inspector on a 

monthly basis. 

(11) The original 

initial inspection form 

reinspection yellow 

sequential order. 

Authority, O.C.G.A. § 

amended. 

white 

shall rem

copy and 

12-9-40, 

copy of 

ain with 

filed 

et seq., 

the 

the 

in 

as 

Chapter 391-3-10 Inspection and Maintenance 

proves, by means of repair facility receipts or 

other written documents such as parts and labor 

receipts, including self-labor sworn statements 

up to 135 dollars, that; 

(a) He or she has replaced any emission 

control equipment, exhaust system equipment, or 

any applicable on-board diagnostic equipment or 

part thereof which has been removed, physically 

damaged, or otherwise rendered inoperable; 

(b) He or she has spent at least $450.00 

in the repair and maintenance of the 

responsible motor vehicle exhaust and 

evaporative, as applicable, emission control 

systems, on-board diagnostic equipment, or 

related equipment not covered by warranty since 

the initial inspection in the current 

inspection term. 

(c) Such repairs and maintenance have 

produced a decrease in exhaust and evaporative 

emissions, as applicable, since the initial 

inspection. 

(3) The station management shall retain 

their copy of sUbject documents for a minimum 

of twelve (12) months and make them readily 

available upon request by members of the 

Implementing Authority. 

(4) The customer must return their 

vehicle which failed the original inspection to 

the original inspection station in order to 

obtain a reinspection without charge. 

(5) In all circumstances where the 

rejected vehicle meets the year group standards 

for carbon monoxide and hydrocarbons on the 

reinspection, it will not be necessary to 

initiate a waiver. 

Inspection and Maintenance Chapter 391-3-10 

(5) In the event a station is suspended 

under the Georgia Motor Vehicle Emission Act, 

or rules and regulations promulgated 

thereunder, the Certificate, emission 

inspection stickers, and final reports of 

stickers issued shall be surrendered upon the 

request of the Implementing Authority; and the 

owner of station 

station status. 

Authority, a.C.G.A. 

amended. 

shall remove 

§ 12-9-40, 

all 

et 

signs of 

seq., as 

391-3-10-.24 Repairs: Reports, 

Failures, Reinspections, Owners's Consent. 

(1) If the inspector discloses any 

violation of any applicable emission standard, 

emission limitations, standard of emission 

control equipment, or applicable standard for 

on-board diagnostic equipment, then the owner 

shall be notified, in writing, of the air 

pollutant (s) which exceeds the allowable 

emissions and the degree of excess or the 

specific emission control equipment or on-board 

diagnostic equipment which is in violation of 

the standard. 

(2) The owner shall have necessary 

maintenance and repairs performed on any 

responsible motor vehicle violating any 

applicable emission standard, emission 

limitation, standard for emission control 

equipment, or standard for on-board diagnostic 

equipment and return the responsible motor 

vehicle for reinspection at an emission 

inspection station within 30 days of the 

initial inspection. Such reinspection shall be 

at no charge to the owner. If, upon 

reinspection, such motor vehicle fails to meet 

the year group standards for carbon monoxide 

and/or hydrocarbons, no certificate of emission 

inspection shall be issued unless the owner 
.,
 
Chapter 391-3-10 Inspectio~ and Maintenance 

size of letters, 4~" ) and shall specify if 

station is "Full Time" or by "Appointment." 

Hours and days of inspection shall be 

displayed. 

(2) Fleet Inspection Stations shall be 

exempt from displaying "Approved Station" 

signs. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.23 Change of Location or Name 

of Emission Inspection stations: Going out of 

Business; Change of Ownership; cancellation; 

suspension. 

(1) An owner of a station contemplating a 

change of location or name of the station 

shall, in order to retain the Certificate of 

Authorization: 

(a) Notify the Implementing Authority 

before any such change is made; 

(b) Complete the prescribed form. 

(2) In addition, it may be required that 

the performance bond be reexecuted or that 

appropriate changes be made by the bonding or 

insurance company so that the bond or insurance 

policy is retained in full force and effect 

despite the altered circumstances. 

(3) If a station ceases business, even 

temporarily, or moves an inspection station 

from one location to another without prior 

Implementing Authority authorization, the 

Certificate of Authorization shall be 

suspended. 

(4) A change in ownership shall be 

handled as a new station. 

Inspection and Maintenance 'Chapter 391-3-10 

requirements for a new, rather than a renewed
 

permit.
 

Authority, O.C.G.A. § 12-9-40, et seq., as
 

amended.
 

391-3-10-.21 Official station on 

Military Installations. 

A United states Military Installation 

located in this state may obtain certification 

for one or more garages or other establishments 

within said installations as Official Emission 

Inspection stations. They shall be sUbjected 

to the same requirements as other stations, 

except as provided for in Rule 

391-3-10-.17 (e). The person charged with 

responsibility therefore shall be regarded as 

the owner for the purpose of these rules and 

regulations and the emission inspection laws. 

These stations may inspect and issue emission 

inspection stickers for only those vehicles 

belonging to military and civilian personnel 

located and assigned to that particular 

installation and so registered as such. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.22 Display of sign Required. 

(1) Each Official Emission Station shall 

display an "Approved station" sign indicating 

its status as such. The sign must be of good 

quality and design and shall be maintained in 

good condition so as to reflect credit on the 

particular place of business and the State of 

Georgia. It shall be displayed in a prominent 

place, conspicuous to pUblic view, minimum size 

36" x 48", (as permitted by local governing 

ordinance or regulations) and be sUbj ect to 

approval by the Implementing Authority. The 

wording on the sign shall include: "state 

Approved Emission Inspection station", (minimum 

Chapter 391-3-10 Inspection and Maintenance 

Authorization by the Implementing Authority or 

his designee. 

(2) Appointment, Full Time and Temporary 

stations: 

(a) Those stations identified as 

"appointment" stations may perform inspections 

on an appointment-only basis, provided an 

appointment shall not be required for 

reinspections. 

(b) All "Full Time" stations and 

"Temporary" stations must perform inspections a 

minimum of 8 hours per day, 5 days a week. 

Stations designated as "Full Time" or 

"Temporary" stations shall perform inspections 

on a first come, first serve basis. 

(c) Temporary station owners shall 

maintain a "Full Time" permanent station on an 

annual basis. The permanent station owners 

shall have been in business for at least twelve 

months prior to opening temporary stations. 

The permanent station shall not be on 

suspension or revocation. Temporary stations 

shall adhere to all conditions as for a 

permanent station as described herein except: 

(1) station may be authorized to operate 

each year between October 1 and May 15 of the 

following year. 

(2) station may be constructed of canvas 

or other similar material with not more than 

two open ends. 

(3) stations shall provide storage 

structure built of wood, brick, metal or 

Inspection and Maintenance ~hapter 391-3-10 

concrete and shall provide secure storage for
 

analyzer, forms and stickers.
 

Authority, O.C.G.A. § 12-9-40, et seq., as
 

amended.
 

391-3-10-.18 Renewal of Certificate of 

Authorization; Failure to Remit Same. 

(1) After designation of an establishment 

as an Official Motor Vehicle Emission 

Inspection Station, a certificate of 

Authorization shall be renewed yearly between 

October 1st and December 31st upon fulfillment 

of the following requirements: 

(a) Submission of a complete renewal 

application; 

(b) Submission of proof satisfactory to 

the Implementing Authority that the $10,000 

performance bond or liability policy, when 

required, is in full force and effect. If bond 

or policy is due to expire during the period 

covered by the renewal certificate of 

Authorization, proof of renewal of the bond or 

policy must be submitted at the expiration 

thereof; 

(c) Compliance with the minimum space and 

equipment requirements as set out in Rule 

391-3-10-.17 (c). 

(2) Failure to complete any of the 

foregoing requirements within the time 

specified, except for obtaining approval for 

the application, will result in the immediate 

suspension of the official inspection duties 

and certificate privileges. Inspections may 

resume upon compliance with the requirements of 

this Rule if done within 90 days of the 

expiration of the preceding certificate. If 

such compliance is not accomplished within the 

Inspection and Maintenance ~hapter 391-3-10 

(r) sticker number. 

Authority, O.C.G.A. § 12

amended. 

-9-40, et seq., as 

391-3-10-.12 Fees. 

(1) Beginning July 

$10.00 shall be charged 

1, 19

by 

92, 

each 

a fee of 

emission 

inspection station for performance of the 

emission inspection and emission control 

equipment inspection. No emission inspection 

station shall offer discounts or sponsor other 

promotional activities which would decrease the 

fee charged by an emission inspection station 

for performance of an emission inspection and 

emission control equipment inspection. 

(2) Beginning July 1, 1992, the station 

shall be required to remit to the Implementing 

Authority an administrative fee of $1.00 for 

each inspection sticker provided. The 

Implementing Authority shall remit $.25 of each 

administrative fee to the appropriate county 

governing authority for each inspection 

performed within that County which results in 

the issuance of a valid emission sticker. 

Seventy-five cents ($.75) shall be remitted to 

the Implementing Authority for providing 

oversight of inspections, training of mechanic 

inspectors, licensing emission inspection 

stations, and other costs associated with 

implementation of the Vehicle Emission 

Inspection and Maintenance Program. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.13 Desiqnated Areas or 

counties. 

The requirements of the inspection and 

maintenance apply to the following designated 

counties on a county-wide basis: 

Chapter 391-3-10 Inspection and Maintenance 

RUle 391-3-10-.11 certification of 

Emission Inspection. 

The certificate of Emission Inspection 

shall be on a preprinted form and contain the 

following information: 

(a) County name; 

(b) Station identification number; 

(c) Analyzer number; 

(d) Mechanic inspector's number; 

(e) Date; 

(f) Vehicle identification number; 

(g) Vehicle make; 

(h) Vehicle year model; 

(i) Number of cylinders; 

(j) Mileage; 

(k) Test type (initial or reinspection); 

(1) Results of tampering inspection of 

emission control devices (devices in place, 

removed, or malfunctioning) - (pass/fail/NA) i 

(m) Vehicle year group standards; 

(n) Emissions test results (HC and CO); 

(0) Dilution (CO + CO2) (Valid/Invalid); 

(p) Engine RPM (Valid/Invalid/No RPM); 

(q) Test results (pass/fail); and 

Inspection and Maintenance Chapter 391-3-10 

Rule 391-3-10-.10 Records. 

Each official motor vehicle emission 

inspection station which has been approved to 

perform emission inspections shall maintain the 

following records: 

(a) Maintenance records--A bound logbook 

furnished by the equipment manufacturer that is 

secured to the analyzer by chain or similar 

connector shall contain the following entries: 

1. Date and time of notification to 

equipment manufacturer; 

2. Description of any maintenance 

performed; 

3. Date of maintenance (to include 

arrival and departure time of maintenance 

personnel} ; 

4. Date and description of any parts 

installed; and 

5. Name and signature of person 

performing the maintenance. 

(b) For emission inspection of vehicle--A 

signed copy of the completed Certificate of 

Emissions Inspection shall be maintained at the 

emission inspection station and readily 

available for a one year period from the date 

of emissions tests provided, however, temporary 

emission inspection stations may maintain their 

completed certificates of emission inspection 

at the owner of the station's full-time 

emission inspection station. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

Chapter 391-3-10 Inspection" and Maintenance 

precision, and purity of the standard gases to 

within the referenced limits and the labeling 

of individual gas canisters describing these 

and other specified parameters. 

(4) Audits of calibration gases shall not 

be necessary unless a dispute arises regarding 

calibration accuracy of an analyzer. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

Rule 391-3-10-.09 Cal i bra t ion 

Procedures. 

(1) Each official inspection station 

which performs vehicle emissions tests shall 

perform calibrations as follows: 

(a) All emission analyzers shall be 

calibrated with an acceptable calibration gas. 

(b) Analyzer calibrations must be 

performed by a certified mechanic inspector at 

a minimum of once per week. There shall be at 

least five calendar days between such 

calibrations. 

1. Calibration shall be performed only 

after the analyzer has completed the warm-up 

cycle. 

2. The internal or electronic 

calibration shall be performed prior to gas 

calibrations. 

3. The gas calibration shall be 

performed in accordance with the analyzer 

manufacturer's instructions and by following 

the prompts on the analyzer display. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

Inspection and Maintenance ~hapter 391-3-10 

order sought. No motion shall be ruled upon 

except when the entire case is ruled upon 

unless the moving party specifically requests a 

hearing at some other time and the 

Implementing Authority deems such rUling 

appropriate. 

(d) Hearing. Hearings in all contested 

cases shall be conducted before a Hearing 

Officer appointed by the Implementing 

Authority. Upon conclusion of the hearing, the 

Hearing Officer shall prepare an Initial 

Decision, a copy of which shall be mailed to 

the party requesting the hearing. 

(e) Practice on Agency Review. The 

practice and proceedings for securing agency 

review on an initial decision of the Hearing 

Officer shall be as follows: 

(1) Request for agency review shall be 

submitted in writing to the Implementing 

Authority within thirty (30) days of the date 

of the Initial Decision. No hearing shall be 

held if requested thereafter except where 

events uncontrollable by the aggrieved party 

are shown to have prevented a timely request. 

In this regard, the decision of the agency 

shall be final. 

(2) A party desiring agency review may 

submit to the agency written arguments, briefs 

and motions within the same limitations as 

prescribed for a request for agency review. On 

agency review, the appealing party shall not 

present arguments, briefs, or motions to the 

agency except in writing as herein prescribed. 

(3) The agency decision on agency review 

shall be based solely on the record developed 

before the Hearing Officer and such arguments, 

briefs, and motions as have been submitted as 

Chapter 391-3-10 Inspection and Maintenance 

(b) Limitation on the right to hearing. 

The following limitations shall apply to any 

person who seeks a hearing pursuant to this 

Rule: 

(1) A request for a hearing must be made 

in writing within ten (10) days after the date 

that the notice of suspension or order is 

delivered. Delivery may be made by personal 

delivery, certified mail, or in the case of an 

owner or operator of a motor vehicle inspection 

station by posting a copy of the notice of 

suspension or order on the door of the motor 

vehicle inspection station; 

(2) Failure to appear at a hearing, 

scheduled upon request as provided herein, will 

result in the suspension of motor vehicle 

inspection privileges as of the effective date 

of the notice of suspension or order unless a 

written request for a continuance is made to 

the Implementing Authority at least five (5) 

days prior to the scheduled hearing and such 

continuance is granted by the Implementing 

Authority; 

(3) Failure to make a timely request for 

a hearing as provided for herein will be deemed 

to constitute a waiver of a hearing, and the 

suspension of emission inspection privileges 

shall become effective on the effective date of 

the notice of suspension or order and shall 

continue in effect until dissolved by further 

order of the Implementing Authority. 

(c) Motions. Any application to the 

Implementing Authority to enter any order or to 

take any action after the filing of the request 

for hearing shall be by motion which, unless 

made during a hearing, shall be made in 

writing, shall state specifically the grounds 

therefor, and shall set forth the action or 

Inspection and Maintenance ~hapter 391-3-10 

391-3-10-.35 Hearings. 

(1) No suspension notice or order 

requiring the surrender of a certificate 

authorizing an inspection station to perform 

emission inspections shall occur until the 

station owner or operator is given prior notice 

and offered a hearing. 

(2) The hearing and appeal procedures 

provided for in the Georgia Administrative 

Procedure Act shall be followed. Cases heard 

pursuant to the Georgia Administrative 

Procedure Act shall be conducted in accordance 

with the procedures provided therein and the 

following procedures: 

(a) Initiating a contested case. Any 

person who is legally entitled to contest a 

ruling or order of the Implementing Authority 

may do so by filing with the Implementing 

Authority a request for hearing which shall 

contain the following: 

(1) A title which indicates the nature of 

the proceeding; 

(2) The complete name and address of the 

party filing the request; 

(3) The name and address of all other 

interested parties; 

(4) A clear and concise statement of the 

facts upon which the contested case arises; 

(5) A prayer setting forth the relief 

sought; and 

(6) If the party filing the request is 

represented by counsel, the name and address of 

counsel. 

Chapter 391-3-10 Inspection and Maintenance 

an inspection station at no cost to the vehicle 

operator or owner. 

(2) Credit shall be given to the station 

for such defective emission inspection stickers 

upon return thereof to the Implementing 

Authority, as prescribed in Rule 391-3-10-.24. 

Authority, D.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.33 Reports, Cassette Tapes. 

Each station shall maintain the station 

copy of the inspection forms in a secure 

location for twelve (12) months and said copy 

shall be stored and issued in sequential order. 

Analyzer data tapes shall be furnished by the 

Implementing Authority. Dnly personnel 

designated by the Implementing Authority 

(Station Inspector) shall be authorized to 

insert into or remove sUbj ect tapes from the 

analyzer. The station management will notify 

the Implementing Authority requesting a tape 

change when there remains a minimum of 100 

inspections on the existing tape. 

Authority, D.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.34 Violation of Law or Rules: 

penalty. 

In addition to the provisions of Ga. Code 

Ann. Chapter 12-9-40, any violation of these 

Department of Natural Resources Rules, Chapter 

391-3-10, on the part of the station's owner or 

mechanic inspectors, will be cause for 

suspension of the station and/or mechanic 

inspector's certificate of Authorization by the 

Implementing Authority. 

Authority, D.C.G.A. § 12-9-40, et seq., as 

amended. 

Inspection and Maintenance ~hapter 391-3-10 

(verification form) of emission inspection 

issued by demonstrating that said vehicle had 

been inspected previously and had obtained a 

current registration form showing the emission 

sticker number and a valid matching inspection 

sticker. In all cases, the duplicate 

certificate of emission inspection 

(verification form) shall be valid only for the 

remainder of the period for which the replaced 

emission inspection sticker or certificate of 

emission inspection was to be valid. Only 

motor vehicle registration offices in Cobb, 

DeKalb, Fulton and Gwinnett counties and the 

Implementing Authority may issue duplicate 

certificates (verification form). 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.31 certificates of Emission. 

(1) Order forms for inspection stickers 

and other forms necessary for inspection shall 

be furnished by the Implementing Authority. 

Inspection stickers shall be sold to 

certificate of Authorization holders at prices 

as stated in Rule 391-3-10-.12. 

(2) A sufficient supply of emission 

inspection stickers, inspection forms, and 

year tabs shall be maintained by the inspection 

station at all times. These may be ordered or 

picked up from the Implementing Authority. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.32 Credit for Defective 

Emission Inspection certificates, stickers. 

(1) An emission inspection sticker that 

contains a manufacturer's defect that had been 

placed on a motor vehicle shall be replaced by 

Chapter 391-3-10 Inspection and Maintenance 

the lower left-hand corner of the windshield of 

the approved vehicle as viewed from the 

driver's seat. Any other sticker in the 

designated location must be removed. If an 

emission inspection sticker is issued for a 

vehicle having no windshield, the sticker shall 

be affixed to the steering column so as to be 

sUbject to view. 

Authority, a.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.30 Completion of Emission 

Inspection sticker, Loss, Theft, 

Transferability of Same. 

(1) The Mechanic Inspector shall write in 

indelible pencil or laundry marker, on the back 

of each emission inspection sticker to be 

attached to a motor vehicle, the date of 

inspection, vehicle identification number of 

approved vehicle, the inspection station number 

and his or her signature. The inspection 

stickers shall be issued in sequential order by 

station. The Mechanic Inspector shall punch 

the correct month of expiration with a onefourth inch punch, affix the correct year tab 

to sticker and affix immediately as per Rule 

391-3-10-.29. Each station is responsible for 

maintaining adequate security of emission 

stickers, year tabs, and inspection forms and 

for the proper issuance of inspection stickers 

furnished to each station. stickers and 

inspection forms are not transferable from one 

station to another station. Damaged stickers, 

inspection forms and year tabs shall be 

retained by the station and surrendered to the 

station Inspector upon request. 

(2) The owner of a responsible motor 

vehicle who has lost the certificate of 

emission inspection required in any inspection 

term may have a duplicate certificate 

Inspection and Maintenance ~hapter 391-3-10 

391-3-10-.27 Purchase of a Vehicle. 

(1) No dealer engaged in the business of 

selling used motor vehicles and located within 

Cobb, DeKalb, Fulton and Gwinnett counties 

shall sell at retail any responsible motor 

vehicle, as defined by the Act, intended for 

highway use without a valid emission sticker 

affixed, if the purchaser as provided by law is 

to register sUbject vehicle in any county 

listed in Rule 391-3-10-.13. 

(2) The valid emission sticker affixed to 

a used vehicle represents that it has met all 

requirements as prescribed by Georgia laws and 

rules and regulations. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

or 

391-3-10-.28 

Salvage. 

Sale of Vehicle for Parts 

An 

required 

emission 

for any 

inspec

motor 

tion sticker 

vehicle that 

is not 

might 

otherwise be sUbject to pre-sale emission 

inspection, but is sold for salvage or for 

parts rather than for use as a motor vehicle on 

the streets and highways, provided that said 

vehicle is not in fact operated on the streets 

and highways, but is towed or hauled by some 

other vehicle. The purpose for which the 

vehicle is sold shall be indicated by the 

seller on the bill of sale. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.29 Emission Inspection sticker 

Location. 

The Mechanic Inspector, immediately after 

the vehicle passes an emission inspection, 

shall place the emission inspection sticker in 

Chapter 391-3-10 Inspectio~ and Maintenance 

391-3-10-.25 Expiration Period of 

Emission Inspection stickers; 

Issuance. 

(1) The expiration date of all inspection 

stickers will be midnight of the last day of 

the month in which they are issued, one year 

hence. 

(2) Anyone registering a motor vehicle in 

Cobb, DeKalb, Fulton and Gwinnett counties 

shall submit the motor vehicle for initial 

inspection within five (5) days after having 

established residence in such jurisdiction. 

Authority, a.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.26 Vehicle Returning to state; 

In state Vehicles Not Previously Required to be 

Inspected. 

(1) An owner of a vehicle registered in 

Cobb, DeKalb, Fulton and Gwinnett counties of 

the State of Georgia found to be in 

noncompliance with the National Ambient Air 

Quality standards that is located outside of 

the state at the time its emission inspection 

sticker expires is allowed a five (5) day grace 

period in which to obtain an inspection 

following the return of the vehicle to Georgia. 

(2) All non-resident vehicles shall be 

required to have subject vehicle inspected and 

receive a state emission inspection sticker 

prior to issuance of a license plate. A five 

(5) day grace period shall be granted after 

becoming a resident of Cobb, DeKalb, Fulton and 

Gwinnett counties. 

Authority, a.C.G.A. § 12-9-40, et seq., as 

amended. 

Inspection and Maintenance thapter 391-3-10 

(6) A repair waiver will be required 

during a reinspection only when the vehicle 

does not attain its respective year group 

standards for CO and HC. 

(7) In all circumstances, when a rejected 

vehicle is presented for reinspection, the 

owner shall present the customer copy of the 

inspection form. In the event the owner should 

fail to produce subject form, no reinspection 

will be warranted. The owner must apply as for 

an original inspection and pay the fee as 

stated in Rule 391-3-10-.12. 

(8) The station management shall refund 

the initial inspection fee if a owner returns a 

vehicle for reinspection within the allocated 

30 day period to a station that has ceased to 

inspect either temporarily or permanently or by 

appointment. However, a temporary closure 

shall not include the two routine off days per 

week scheduled by a station. 

(9) A copy of the Federal Exemption Form 

"EPA Form 3520-1" shall be presented to the 

Mechanic Inspector when an imported vehicle is 

presented for an inspection with the emission 

devices missing. This form shall be mailed 

each month to the Implementing Authority. 

(10) Voided stickers shall be 

surrendered to the area station inspector on a 

monthly basis. 

(11) The original 

initial inspection form 

reinspection yellow 

sequential order. 

Authority, O.C.G.A. § 

amended. 

white 

shall rem

copy and 

12-9-40, 

copy of 

ain with 

filed 

et seq., 

the 

the 

in 

as 

Chapter 391-3-10 Inspection and Maintenance 

proves, by means of repair facility receipts or 

other written documents such as parts and labor 

receipts, including self-labor sworn statements 

up to 135 dollars, that; 

(a) He or she has replaced any emission 

control equipment, exhaust system equipment, or 

any applicable on-board diagnostic equipment or 

part thereof which has been removed, physically 

damaged, or otherwise rendered inoperable; 

(b) He or she has spent at least $450.00 

in the repair and maintenance of the 

responsible motor vehicle exhaust and 

evaporative, as applicable, emission control 

systems, on-board diagnostic equipment, or 

related equipment not covered by warranty since 

the initial inspection in the current 

inspection term. 

(c) Such repairs and maintenance have 

produced a decrease in exhaust and evaporative 

emissions, as applicable, since the initial 

inspection. 

(3) The station management shall retain 

their copy of sUbject documents for a minimum 

of twelve (12) months and make them readily 

available upon request by members of the 

Implementing Authority. 

(4) The customer must return their 

vehicle which failed the original inspection to 

the original inspection station in order to 

obtain a reinspection without charge. 

(5) In all circumstances where the 

rejected vehicle meets the year group standards 

for carbon monoxide and hydrocarbons on the 

reinspection, it will not be necessary to 

initiate a waiver. 

Inspection and Maintenance Chapter 391-3-10 

(5) In the event a station is suspended 

under the Georgia Motor Vehicle Emission Act, 

or rules and regulations promulgated 

thereunder, the Certificate, emission 

inspection stickers, and final reports of 

stickers issued shall be surrendered upon the 

request of the Implementing Authority; and the 

owner of station 

station status. 

Authority, O.C.G.A. 

amended. 

shall remove 

§ 12-9-40, 

all 

et 

signs of 

seq., as 

391-3-10-.24 Repairs: Reports, 

Failures, Reinspections, Owners's Consent. 

(1) If the inspector discloses any 

violation of any applicable emission standard, 

emission limitations, standard of emission 

control equipment, or applicable standard for 

on-board diagnostic equipment, then the owner 

shall be notified, in writing, of the air 

pollutant (s) which exceeds the allowable 

emissions and the degree of excess or the 

specific emission control equipment or on-board 

diagnostic equipment which is in violation of 

the standard. 

(2) The owner shall have necessary 

maintenance and repairs performed on any 

responsible motor vehicle violating any 

applicable emission standard, emission 

limitation, standard for emission control 

equipment, or standard for on-board diagnostic 

equipment and return the responsible motor 

vehicle for reinspection at an emission 

inspection station within 30 days of the 

initial inspection. Such reinspection shall be 

at no charge to the owner. If, upon 

reinspection, such motor vehicle fails to meet 

the year group standards for carbon monoxide 

and/or hydrocarbons, no certificate of emission 

inspection shall be issued unless the owner 

Chapter 391-3-10 Inspectio~ and Maintenance 

size of letters, 4~" ) and shall specify if 

station is "Full Time" or by "Appointment." 

Hours and days of inspection shall be 

displayed. 

(2) Fleet Inspection stations shall be 

exempt from displaying "Approved Station" 

signs. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.23 Change of Location or Name 

of Emission Inspection stations: Going out of 

Business; Change of Ownership; Cancellation; 

suspension. 

(1) An owner of a station contemplating a 

change of location or name of the station 

shall, in order to retain the certificate of 

Authorization: 

(a) Notify the Implementing Authority 

before any such change is made; 

(b) Complete the prescribed form. 

(2) In addition, it may be required that 

the performance bond be reexecuted or that 

appropriate changes be made by the bonding or 

insurance company so that the bond or insurance 

policy is retained in full force and effect 

despite the altered circumstances. 

(3) If a station ceases business, even 

temporarily, or moves an inspection station 

from one location to another without prior 

Implementing Authority authorization, the 

certificate of Authorization shall be 

suspended. 

(4) A change in ownership shall be 

handled as a new station. 

CERTIFICATE OF PUBLIC HEARING 

I do hereby certify that a pUblic hearing was held on 

October 22, 1992 concerning changes to Georgia's SIP; Air Quality 

control Rules, Chapter 391-3-1 (including the Small Business 

Assistance Program Rules); the 1990 VOC Emissions Inventory, and 

Enhanced I&M Committal. This hearing was held at least 30 days 

following the issuance of a pUblic notice in the Atlanta Journal, 

a newspaper of state-wide circulation. 

Dated: -_.L.....:..+-'.......:;-f-~=-------

Notary Public: 

NANCY J. JOHNS
 

NaIIrY PlMc, GwInnett COUnty, Georgia
 

My CCIIm1iIIIan Expns May 23. 1996
 

-


CERTIFICATE OF PUBLIC HEARING
 

I do hereby certify that a pUblic hearing was held on 

August 13, 1992 concerning changes to Georgia's SIP; Air Quality 

Control Rules, Chapter 391-3-1; and Georgia's Inspection and 

Maintenance Rules, Chapter 391-3-10. This hearing was held at 

least 30 days following the issuance of a public notice in the 

Atlanta Journal, a newspaper of state-wide circulation. 

Dated: IStlft).., 

Notary Public: 

NANCY J. JOHNS 

NaeIry NIIo. GMnMtt County, Geora1a .., Colli' 1.lIaw. ExpIr-. May 23. 1998 

· f· 

The proposed changes to the Rules for Inspection and Maintenance, 

Chapter 391-3-10, will be considered for adoption by the Board of 

Natural Resources at its meeting on October 28, 1992 at 9:00 AM., 

205 Butler street SE., Room 1252 East Tower, Atlanta, Georgia. 

This meeting is open to the public. 

This notice is being distributed by newspaper pUblication and by 

mailing to all those persons who have requested advance notice of 

this Rule-making proceeding. copies of the proposed Air Quality 

Rule Amendments are available for inspection and review during the 

hours of 8:30 a.m. to 4:00 p.m., Monday through Friday, except 

official state holidays, at the Environmental Protection Division, 

205 Butler street, S.E., Room 1162, East Tower, Atlanta, Georgia. 

The Division will receive written comments on these rules up until 

close of business on October 26, 1992. Address comments to; 

Director, Environmental Protection Division, Department of Natural 

Resources, 205 Butler street, S.E., Room 1152, East Tower, Atlanta, 

Georgia 30334. 

The Inspection and Maintenance Rules are being adopted under the 

authority of the Georgia Motor Vehicle Emission Inspection and 

Maintenance Act, O.C.G.A., Section 12-9-40 et seq. 

ADMINISTRATIVE MATERIALS FOR NOVEKBER 13, 1992 PROPOSED SIP 

REVISION 

1.	 The cover letter transmitting this proposed SIP revision is 

the formal letter of submittal. 

2.	 Enclosed as evidence that Georgia has adopted the plan in the 

State regulations are: 

November 2, 1992 certification of Administration rules 

filed with the Secretary of State, Chapter 391-3-1, Air 

Quality Control, and Chapter 391-3-10, Inspection and 

Maintenance 

August 27, 1992 certification of Administrative Rules 

filed with the Secretary of State, Chapter 391-3-1, Air 

Quality Control 

3.	 Enclosed is a copy of the Georgia Air Quality Act, which 

contains the necessary authority to adopt the plan (12-9-5; 

12-9-6) . 

4.	 Copies of the actual Air Quality control and Inspection and 

Maintenance Regulations filed August 27, 1992 and November 2, 

1992 are enclosed with Item No.2. Also enclosed as part of 

this proposed plan submittal are: 

./~ RACT for "Major"Nitrogen Oxide Sources 

RACT	 FOR "Major" VOC Sources -­

Georgia Small Business Stationary Source Technical and 

Environmental Compliance Assistance Program State 

Implementation Plan Revision 

The 1990 Baseline Ozone Inventory 

Georgia Enhanced Vehicle Inspection & Maintenance (I&M) 

Program State Implementation Plan Committal 

stage II Gasoline Vapor Control State Implementation Plan 

Revision 

5.	 Enclosed as evidence that Georgia followed all the procedural 

requirements in adopting this proposed plan are: 

Copy	 of the Rules for Administrative Procedures 

July	 12, 1992 and September 20, 1992 Public Notices 

July 15, 1992 and September 25, 1992 letters to 

Legislative Counsel 

V. Public Education 

Paragraph 14 of the stage II Rule requires a decal to be 

posted on each gasoline dispenser using a stage II vapor 

recovery system. This decal is to include operating 

instructions which at a minimum, includes: A clear 

description of how to correctly dispense gasoline using the 

system, a warning not to attempt continued refueling after 

automatic shutoff of the fuel nozzle, and a telephone number 

to report any problems experienced with the system. 

In addition to the above Rule requirement, the Division 

intends to issue occasional news releases reporting the stage 

II vapor recovery implementation progress to the public. 

Also, Division staff members will provide (when requested) 

written articles for trade journals and newspaper articles by 

local media. 

The Division will attempt to acquire Public Service 

Announcements from EPA and other appropriate sources, and 

request that local television stations show the Public Service 

Announcements so that the pUblic may be informed about 

Stage II control systems. 

VI. Schedule for adoption 

The Georgia stage II Rules were adopted on October 28, 1992. 

4
 

rendered inoperable and the tag(s) shall not be removed until 

the equipment has been repaired, replaced, and adjusted as 

necessary. 

Paragraph 15 also requires daily inspections by station 

personnel of all equipment normally used by the motorist such 

as nozzles, nozzle boots or faceplates. 

The Division commits to inspect each stage II facility on an 

annual basis, as stated in paragraph 12. 

IV. Training for Inspectors 

Currently there are no known reasonably available training 

courses on the stage II program that are "forty-hour training 

courses" as suggested by EPA. However, should the 

Environmental Protection Agency provide such training, the 

Division will require that their inspectors attend the 

EPA-sponsored 40 hour course on stage II. Other potential 

sources of effective training will also be pursued. Minimum 

performance requirements will be developed and required for 

all EPD inspectors. 

The Division has three staff members who attended a 24-hour 

Workshop sponsored by the EPA's Regional Office. These staff 

members will acquire experience in the development of stage II 

controls, including evaluation of stage II systems and on-site 

observations of stage II equipment installed on facilities. 

This on-the-job training added to the 24-hour Workshop 

(without field training) should adequately meet the 40 hour 

training requirement. 

In addition, the three trained staff members will provide 

informal training to other Division inspectors without formal 

training. 

3 

391-3-1-.02 (2) (ZZ) 

Gasoline Dispensing Facilities--stage II 

Paragraphs New construction or reconstruction 

requirements 

2 • Exempts facilities used for agriculture 

purposes 

3. Definitions 

4. Rule applicability continuation 

5. Compliance schedules 

6. Area of applicability 

7. compiiance schedules 

8. Exemptions 

9. System certifications 

10. Testing by the Division or other party 

11. Recertification requirements 

12. Division inspections 

13. Station owner/operator training 

14. Public information 

15. Operation maintenance, defects and 

16. Record maintenance 

III. Enforcement of stage II Rules 

Paragraph 12 requires that the facilities be sUbject to annual 

compliance inspections and functional testing by the 

Environmental Protection Division. There are eight items 

listed that describes the requirements to show that the 

Stage II systems will be thoroughly inspected by the Division. 

Paragraph 15 states that upon identification of any defects, 

as described in this Rule, the owner or operator shall tag as 

"out of order" all dispensing equipment for which vapor 

recovery has been impaired. The tagged equipment shall be 

2 
•
 
• 

STAGE II GASOLINE VAPOR CONTROL
 

STATE IMPLEMENTATION PLAN REVISION
 

I. Introduction 

The 1990 CAAA's section 182 (b) (3) requires all areas with 

ozone nonattainment status of Moderate or above (Atlanta is 

Serious), to submit an SIP revision by November 15, 1992, 

which contains measures for implementing a stage II gasoline 

vapor control program. 

Control installation is required at all facilities which 

dispense greater than 10,000 gallons of gasoline per month; or 

50,000 gallons per month for independent marketers. 

Schedules for compliance are required as follows: 

six months Facilities constructed or modified 

after November 15, 1990 

One year Facilities that dispense 100,000 and 

greater gallons/month 

Two years All other regulated facilities 

Separate phased-in schedules for independent small business 

marketers (ISBMs) are allowed. 

II. Georgia's Air Quality Control Rules were amended on 

October	 28, 1992, to include the CAAAs Stage II requirements 

(as stated above) . 

These modifications of the Georgia Air Quality Control Rules 

are as follows: 

Chapter 391-3-1 Air Quality Control 

(h) Any stationary source whose allowable 

emissions of any regulated pollutants are less 

than 100 tons per year, shall not be required 

to pay a fee under this paragraph for that 

pollutant. 

Authority: The Georgia Air Quality Act, 

O.C.G.A. section 12-9-1 et 

Air Quality Control Chapter 391-3-1 

Rule 391-3-1-.03, Permits is hereby amended by 

adding a new paragraph (9) to read as follows: 

(9) Permit Fees 

(a) The owner or operator of any stationary 

source shall pay to the Division as condition 

of any permit required under this Chapter 391­

3-1 an annual fee or its equivalent. 

(b) The total amount of the fee collected 

shall not be less than $25 per ton of emissions 

allowed in the permit for each regulated 

pollutant as defined in this paragraph. 

(c) As used in this paragraph dealing with 

permit fees, "regulated pollutant" is defined 

as a volatile organic compound, sulfur dioxide, 

particulate matter, lead, and oxides of 

nitrogen (N02 and NO) . 

(d) No fee shall be collected for more than 

4,000 tons per year of any individual regulated 

pollutant emitted by any source. 

(e) The Director may reduce any permit fee 

required under this Chapter to take into the 

account the financial resources of small 

businesses stationary sources. 

(f) The collection of fees pursuant to this 

Chapter shall preclude collection of any air 

quality control permit fee by any other state 

or local government authority. 

(g) The collection of fees pursuant to this 

paragraph shall begin on or after July 1, 1992 

and shall be for the calendar year ending 

December 31, 1991. The Director will assess 

the fees each July 1 thereafter for the prior 

calendar year. Fees may be paid quarterly. 

Chapter 391-3-1 Air Quality Control 

(i) the application of low solvent coating 

technology where each and every coating meets 

the limit of 2.6 pounds vec per gallon of 

coating, excluding water, stated in paragraph 

1. of this subsection; or 

(ii) the application of low solvent coating 

technology where the 24-hour weighted average 

of all coatings on a single coating line or 

operation meets the solids equivalent limit of 

4.02 pounds vec per gallon of coating solids, 

stated in paragraph 1. of this sUbsection; 

averaging across lines is not allowed; or 

(iii) control equipment, including but not 

limited to incineration, carbon adsorption and 

condensation, with a capture system approved by 

the Director, provided that 90 percent of the 

nonmethane volatile organic compounds which 

enter the control equipment are recovered or 

destroyed, and that overall vec emissions do 

not exceed the solids equivalent limit of 4.02 

pounds vec per gallon of coating solids stated 

in paragraph 1. of this sUbsection. 

3. For the purpose of this sUbsection, the 

following definitions apply: 

(i) Coil Coating" means the coating of any 

flat metal sheet or strip that comes in rolls 

or coils; 

(ii) "Quench Area" means a chamber where the 

hot metal exiting the oven is cooled by either 

a spray of water or a blast of air followed by 

water cooling. 

Air Quality Control Chapter 391-3-1 

(vi) "Three-piece Can Side-seam Spray" means 

a coating sprayed on the exterior and interior 

of a welded, cemented or solder seam to protect 

the exposed metal; 

(vii) "Two-piece Can Exterior End Coating" 

means a coating applied by roller coating or 

spraying to the exterior end of a can to 

provide protection to the metal. 

Rule 391-3-1-.02, subsection (2) (v) thereof, 

relating to "vec Emissions from Coil Coating" 

is hereby amended by striking subsection (2) (v) 

in its entirety and inserting in lieu thereof a 

new subsection (2) (v) to read as follows: 

(v) vec Emissions from Coil Coating: 

1. No person shall cause, let, permit, 

sUffer, or allow the emissions of vec from coil 

coating operations to exceed: 

(i) 2.6 pounds per gallon of coating, 

excluding water, delivered to the coating 

applicator from prime and topcoat or single 

coat operations. If any coating delivered to 

the coating applicator contains more than 2.6 

pounds vec per gallon, the solids equivalent 

limit shall be 4.02 pounds vec per gallon of 

coating solids delivered to the coating 

applicator. 

(ii) The emission limits in this subsection 

shall apply to the coating applicator(s), 

oven (s) and quench area (s) of coil coating 

lines involved in prime and topcoat or single 

coat operations. 

2. The emission limits in this subsection 

shall be achieved by: 

Chapter 391-3-1 Air Quality Control 

(iii) control equipment, including but not 

limited to incineration, carbon adsorption and 

condensation, with a capture system approved by 

the Director, provided that 90 percent of the 

nonmethane volatile organic compounds which 

enter the control equipment are recovered or 

destroyed, and that overall VOC emissions do 

not exceed the solids equivalent limit, 

expressed in pounds VOC per gallon of coating 

solids stated in paragraph 1. of this 

subsection. 

3. For the purpose of this subsection, the 

following definitions apply: 

(i) "End Sealing Compound" means a synthetic 

rubber compound which is coated onto can ends 

and which functions as a gasket when the end if 

assembled on the can; 

(ii) "Exterior Base Coating" means a coating 

applied to the exterior of a two-piece can body 

to provide protection to the metal or to 

provide background for the lithographic or 

printing operation; 

(iii) "Sheet Base Coating" means a coating 

applied to metal in sheet form to serve as 

either the exterior or interior of two-piece or 

three-piece can bodies or can ends; 

(iv) "Interior Body Spray" means a coating 

sprayed on the interior of the can body to 

provide a protective film between the product 

and the can; 

(v) "Overvarnish" means a coating applied 

directly over ink to reduce the coefficient of 

friction, to provide gloss and to protect the 

finish against abrasion and corrosion; 

Air Quality Control Chapter 391-3-1 

the solids equivalent limit shall be 9.78 

pounds voe per gallon of coating solids 

delivered to the coating applicator. 

(iii) 5.5 pounds per gallon of coating, 

excluding water, delivered to the coating 

applicator from three-piece side-seam spray 

operations. If any coating delivered to the 

coating applicator contains more than 5.5 

pounds voe per gallon, the solids equivalent 

limit shall be 21.8 pounds voe per gallon of 

coating solids delivered to the coating 

applicator. 

(iv) 3.7 pounds per gallon of coating, 

excluding water, delivered to the coating 

applicator from end seal compound operations. 

If any coating delivered to the coating 

applicator contains more than 3.7 pounds voe 

per gallon, the solids equivalent limit shall 

be 7.44 pounds voe per gallon of coating solids 

delivered to the coating applicator. 

2. The emission limits in this subsection 

shall be achieved by: 

(i) the application of low solvent coating 

technology where each and every coating meets 

the limit expressed in pounds voe per gallon of 

coating, excluding water, stated in paragraph 

1. of this subsection; or 

(ii) the application of low solvent coating 

technology where the 24-hour weighted average 

of all coatings on a single coating line or 

operation meets the solids equivalent limit, 

expressed in pounds voe per gallon of coating 

solids, stated in paragraph 1. of this 

subsection; averaging across lines is not 

allowed; or 

Chapter 391-3-1 Air Quality Control 

Rule 391-3-1-.02, subsection (2) (n) thereof, 

relating to "Fugitive Dust" is hereby amended 

by striking subparagraph (n)l.(ii) in its 

entirety and inserting in lieu thereof a new 

sUbparagraph (n)l. (ii) to read as follows: 

(ii) Application of asphalt, water, or 

suitable chemicals on dirt roads, materials, 

stockpiles, and other surfaces which can give 

rise to airborne dusts; 

Rule 391-3-1-.02, subsection (2) (u) thereof, 

relating to "vec Emissions from Can Coating" is 

hereby amended by striking sUbsection (2) (u) in 

its entirety and inserting in lieu thereof a 

new sUbsection (2) (u) to read as follows: 

(u) vec Emissions from Can Coating 

1. No person shall cause, let, permit, 

suffer, or allow the emissions of vec from can 

coating operations to exceed: 

(i) 2.8 pounds per gallon of coating, 

excluding water, delivered to the coating 

applicator from sheet basecoat (exterior and 

interior) and overvarnish or two-piece can 

exterior (basecoat and overvarnish) operations. 

If any coating delivered to the coating 

applicator contains more than 2.8 pounds vec 

per gallon, the solids equivalent limit shall 

be 4.52 pounds vec per gallon of coating solids 

delivered to the coating applicator. 

(ii) 4.2 pounds per gallon of coating, 

excluding water, delivered to the coating 

applicator from two and three-piece can 

interior body spray and two-piece can exterior 

end (spray and roll coat) operations. If any 

coating delivered to the coating applicator 

contains more than 4.2 pounds vec per gallon, 

Air Quality Control Chapter 391-3-1 

(ii) Compliance Schedules: 

(I) All sources of VOC emissions subject to 

any limitation or requirement of, or under, 

section 391-3-1-.02(2) prior to the effective 

date of this amended Rule 391-3-1-.02, shall be 

in compliance or on an approved compliance 

schedule. 

(II) All sources of VOC emissions becoming 

sUbject to any limitation or requirement of, or 

under, subsections (t) through (ff) 

[inclusive], (hh) through (nn) [inclusive], 

(qq), (tt) and (vv) after the effective date of 

this amended Rule 391-3-1-.02 shall comply with 

the following compliance schedule: 

I. A final control plan and application for 

a permit to construct for the installation of 

VOC emission control system and/or the 

modification of process equipment must be 

submitted to the Division no later than March 

31, 1993. 

II. On-site construction of emission control 

systems and/or modifications of process 

equipment must be completed by March 31, 1994. 

III. Full compliance with the applicable 

requirements of these Rules (Chapter 391-3-1) 

must be demonstrated through approved methods 

and procedures before May 31, 1994. 

(iii) compliance Determinations: 

(I) Compliance determinations for coatings 

expressed as pounds of VOC per gallon of 

coating, excluding water, shall treat organic 

compounds not defined as VOC's as water for 

purposes of calculating the "excluding water" 

part of the coating composition. 

Chapter 391-3-1 Air Quality Control 

(II) Sources used exclusively for chemical 

or physical analysis or determination of 

product quality and commercial acceptance shall 

not be SUbject to subsections (t) through (ff) 

[inclusive], (hh) through (nn) [inclusive], 

(pp) through (qq) [inclusive], and (tt) of this 

section 391-3-1-.02(2), provided: 

I. The operation of the source is not an 

integral part of the production process; and 

provided; 

II. The emissions from the source do not 

exceed 800 pounds in any calendar month; and 

provided, 

III. The exemption from such source is 

approved in writing by the Director. 

(III) Sources located within Cherokee, 

Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette 

Forsyth, FUlton, Gwinnett, Henry, Paulding, or 

Rockdale counties whose actual emissions of 

volatile organic compounds are less than 15 

pounds per day shall not be subject to 

subsections (t) through (ff) [inclusive], (ii) 

through (11) [inclusive], and (pp) through (qq) 

[inclusive] of this section 391-3-1-.02(2). 

(IV) coatings, inks and other VeC-containing 

materials in use at sources of vec emissions 

SUbject to any limitations or requirements of 

subsections (t) through (aa) [inclusive], (ii), 

(jj), (mm), and (tt) of this section 391-3-1­

.02(2) shall not be SUbject to any requirements 

of such subsections, provided the source's 

total aggregate use of such materials is not in 

excess of 55 gallons per year and such 

exemption is approved in writing by the 

Division. 

Air Quality Control Chapter 391-3-1 

1. No person owning, leasing or controlling 

the operation of any air contaminent sources 

shall willfully, negligently or through failure 

to provide necessary equipment or facilities or 

to take necessary precautions, cause, permit, 

or allow the emission from said air 

contamination source or sources of such 

quantities of air contaminants as will cause, 

or tend to cause, by themselves or in 

conjunction with other air contaminants a 

condition of air pollution in quantities or 

characteristics or of a duration which is 

injurious or which unreasonably interferes with 

the enjoyment of life or use of property in 

such area of the state as is affected thereby. 

Complying with any of the other sections of 

these rules and regulations or any subdivisions 

thereof, shall in no way exempt a person from 

this provision. 

Rule 391-3-1-.02, section (2) thereof, relating 

to "Emission standards" is hereby amended by 

striking paragraph (2) (a)6. thereof and 

substituting in lieu thereof a new paragraph 

(2) (a)6. to read as follows: 

6. VOC Emission standards, Exemptions, 

Designations, Compliance Schedules 

compliance Determinations: 

Area 

and 

(i) Exemptions and Area Designations: 

(I) Sources located outside Cherokee, 

Clayton Cobb, Coweta, DeKalb, Douglas, 

Fayette, Forsyth, Fulton, Gwinnett, Henry, 

Paulding, and Rockdale counties whose potential 

emissions of volatile organic compounds are not 

more than 100 tons per year shall not be 

sUbject to subparagraphs (t) through (ff) 

[inclusive], (hh) through (nn) [inclusive], and 

(qq) of this section 391-3-1-.02(2). 

Chapter 391-3-1 Air Quality Control 

1,1,2,2-tetrafluoroethane (HFC-134), 

tetrafluoroethane (HFC-134a), 

dichlorofluoroethane (HCFC-141b) , chlorodifluoroethane (HCFC-142b), 1,1,1­

trifluoroethane (HFC-143a), l,l-difluoroethane 

(HFC-152a) , and four classes of 

perfluorocarbons (PFC's), as follows: 

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 tertiaryamines with no 

unsaturations. 

4. SUlphur containing perfluorocarbons with 

no unsaturations and with sulfur bonds only to 

carbon and fluorine. 

VOC may be measured by a 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 

nonreactive organic compounds. In such cases, 

an owner or operator may exclude the 

nonreactive organic compound when determining 

compliance with a standard. 

Authority: The Georgia Air Quality Act, 

O.C.G.A. section 12-9-1 et 

Rule 391-3-1-.02, section (2) thereof, relating 

to "Emission standards" is hereby amended by 

striking paragraph (2) (a)l. thereof and 

sUbstituting in lieu thereof a new paragraph 

(2) (a)l. to read as follows: 

[NOTE: Ef'fective DAte of ~""'.es - September 16, 1992 ] 

Air Quality Control Chapter 391-3-1 

RULES
 

OF
 

GEORGIA DEPARTMENT OF NATURAL RESOURCES
 

ENVIRONMENTAL PROTECTION DIVISION
 

CHAPTER 391-3-1
 

AIR QUALITY CONTROL
 

TABLE OF CONTENTS
 

391-3-1-.01 Definitions 

391-3-1-.02 Provisions 

391-3-1-.03 Permits 

Rule 391-3-1-.01 entitled "Definitions" is 

hereby amended by striking subsection (j j j) 

"Volatile Organic Compound" and substituting in 

lieu thereof a new subsection (jjj) to read as 

follows: 

(jjj) "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, 

l,l,l-trichloroethane (methyl chloroform), 

methylene chloride, trichlorofluoromethane 

(CFC-ll), dichlorodifluoromethane (CFC-12), 

chlorodifluoromethane (CFC-22), 

t r i flu 0 rom e t han e ( F C - 2 3 ) , 

trichlorotrifluoroethane (CFC-113), 

dichlorotetrafluoroethane (CFC-114) , chloropentafluoroethane (CFC-115), 

dichlorotrifluoroethane (HCFC-123), 2-chloro1,1,1,2-tetrafluoroethane (HCFC-124), 

pentafluoroethane (HFC-125), 

CERTIFICATE OF ADMINISTRATiVE RULES
 

FILES WITH THE SECRETARY OF STATE
 

MAX CLELAND
 

(Pursuant to O.C.G.A. Sees. 50-13-3, 50-13-4,
 

50-13-6) 

I do hereby certify that the attached 

amendments are true and correct copies as 

promulgated and adopted on the 26th day of 

August, 1992. 

STATE DEPARTMENT OF NATURAL RESOURCES 

Filed August 27, 1992 

Rule 391-3-1-.01, 391-3-1-.02, and 391-3-1-.03 

are hereby amended; and reads as attached 

hereto. 

Authority: O.C.G.A. section 12-9-1 et 

Sworn to and subsqhibed 

before roe this :1..77J day 

of August, 1992-.--­

Georgia Departmer of Natural Resources~\

205 Butler Street, S.E., Suite 1252, Atlanta, Georgia 30334 

Joe D. Tanner. Commissioner 

John C. Walden, Executive Assistant·legal 

404/656·9745 

August 27, 1992 

Mr. George M. Scott 

Director 

Administrative Procedure Act Division 

Secretary of State Office 

Floyd Towers west, Suite 816 

Atlanta, Georgia 30334 

RE:	 certification of Administrative Rules Filed with the 

Secretary of State, Max Cleland; Chapter 391-3-1, Air 

Quality Control 

Dear	 Mr. Scott: 

The above reference certificate and the rules to which the same 

apply have been reviewed by me and are forwarded to your office 

for filing. 

John C. Walden 

Executive Assistant - Legal 

JCW:mlr 

Enclosures 

DEPARTMENT OF NATURAL RESOURCES
 

ENVIRONMENTAL PROTECTION DIVISION
 

STATE OF GEORGIA 

COUNTY OF FULTON 

NOTICE OF INTENT TO AMEND GEORGIA'S
 

INSPECTION AND MAINTENANCE RULES
 

TO ALL INTERESTED PERSONS AND PARTIES 

On July 13, 1992, the Environmental Protection Division proposed 

modifications to the Rules of Georgia Department of Natural 

Resources, Environmental Protection Division, Chapter 391-3-10 

titled Inspection and Maintenance. A hearing on these rules was 

scheduled and held on August 13, 1992. 

Based on comments received from interested parties, the 

Environmental Protection Division has proposed several changes to 

the rules to clarify the Division's position on implementation of 

these rules and to be responsive to issues raised by the public. 

These modifications are as the following: 

391-3-10-.01 (d) (e) --Definitions of "Commissioner" and 

"Department" were reworded and changes were made throughout 

these rules. 

391-3-10-.04(d)--Changes reflect that motorists will not be 

allowed to fill out information sheets. 

391-3-10-.07(2)--Reworded for clarification and to allow for 

appointment stations. 

391-3-10-.10(b)--Allows the completed forms to be maintained 

at the temporary station owner's permanent station. 

391-3-10-.12--Lowers the administrative fee from $1. 50 to 

$1.00. Also, reworded the rule regarding promotional 

activities for clarification. 

391-3-10-.24(11)--Reworded for clarification. The original 

white copy is to remain with the inspection yellow copy. 

391-3-10-.30(1)--Reworded for clarification. Stickers are 

required to be issued in sequential order by station. 

391-3-10-.30 (2) --Added this rule to require verification forms 

to be issued by certain county tag registration offices and 

the Implementing Authority. 

3.	 Two members selected by the upper house of the State Legislature 

who are owners, or who represent owners, of small business 

stationary sources (one member each by the majority and minority 

leadership); and 

4.	 One member selected by the Chief of the Air Protection Branch. 

VI. STATE IMPLEMENTATION 

A.	 The Air Protection Branch has requested EPA grant assistance for its SBAP 

during FY-92 for a person to begin the implementation of the SBAP. 

B.	 The Air Protection Branch has requested FY-94 state funds for the hiring of 

Environmental Specialists, office equipment, and motor vehicles. These 

funds are expected to be made available July 1, 1993. This would enable 

the SBAP to be developed and functional by no later than November 15, 

1994. 

C.	 The members of the Small Business Compliance Advisory Panel will be 

appointed by the end of 1992. The Advisory Panel will be functional by no 

later than July 1, 1993. 

D.	 The initial Georgia Air Quality Control Rules regarding permit fees adopted 

by the Board of Natural Resources do not require that small businesses pay 

fees for their air quality permits at the present time. These permit fee rules 

are expected to change at some future time. 

E.	 SIP Revision Schedule Summary: 

Action Required	 Date 

1. Enabling Legislation	 - July1,1992 

2. SBAP office designation	 - July1,1992 

3. SBAP establishment	 - July 1,1992 

4. Small Business Ombudsman establishment - July 1, 1992 

5.	 SBAP Compliance Advisory Panel 

appointment - December 15, 1992 

6. Advisory Panel functional	 - July 1, 1993 

7. SBAP Rules adopted	 - July 1, 1993 

8.	 SBAP office funding--Initial Requests - FY-93 

Requested - FY-94 

9. SBAP functional	 - November 15, 1994 

-7­

3.	 The SBAP will provide small businesses with schedules of specific 

requirements of the CAA. These schedules will be developed by the 

Air Protection Compliance Program. The SBAP will require that the 

schedules meet the requirements of the CAA. The SBAP will notify 

small businesses of these schedules during the early development of 

the schedules. 

F.	 Develop procedures for considering requests from small business stationary 

sources for modifications of work practices or technological methods of 

compliance or compliance procedures. Once a new or modified regulation 

reaches the first draft stage, these draft regulations will be mailed to small 

businesses and to EPA. The ombudsman may hold meetings with the 

interested parties to discuss the regulations and the impact of these 

regulations on their businesses. A public hearing will be held in order to get 

public comment from interested parties. Should regulations require further 

change, the modified regulations require another 30 day review period prior 

to adoption by the Department of Natural Resources Board. 

V.	 A Small Business Compliance Advisory Panel was created by the amended Georgia 

Air Quality Act. 

A.	 The duties of the Panel are to: 

1.	 Render advisory opinions concerning the effectiveness of the Program, 

difficulties encountered, and degree and severity of enforcement; 

2.	 Make periodic reports to the Administrator of the EPA concerning the 

compliance of the Program with the requirements of the Paperwork 

Reduction Act, the regulatory Flexibility Act, and the Equal access to 

Justice Act; 

3.	 Review information for small business stationary sources to assure 

such information is understandable by the layperson; and 

4.	 Have the Program serve as the secretariat for the development and 

dissemination of such reports and advisory opinions. 

B.	 The seven member Panel shall consist of: 

1.	 Two members, selected by the Governor, who are not owners, or 

representatives of owners of small business stationary sources, to 

represent the general public; 

2.	 Two members selected by the lower house of the State Legislature 

who are owners, or who represent owners, of small business 

stationary sources (one member each by the majority and minority 

leadership); 

-6­

4.	 Accidental Release Prevention and Detection--The SBAP will consult 

with the appropriate EPA offices for information regarding accidental 

release prevention and detection. The basic information will cover four 

areas: 

a.	 Requirements under the accidental release provisions of the 

CAAA. 

b.	 Related requirements under SARA Title III. 

c.	 The OSHA process safety standard as required by the CAAA. 

d.	 General information on prevention practices and technologies. 

C.	 Provide assistance for determining applicable requirements under the Act for 

permit issuance, including but not limited to the following: 

1.	 Technical specialists to advise and assist small businesses in the 

interpretation of Rule requirements and obtaining needed technical and 

compliance assistance in the permit process. 

2.	 Technical specialists to explain procedures such as fees (if applicable), 

where to apply for a permit, the length of time necessary to receive a 

permit, the consequences of operating in violation, fines and appeal 

procedures. 

D.	 Provide mechanisms for notifying small business stationary sources of their 

responsibilities under the Act on a timely basis, including but not limited to, 

the following: Small businesses will be notified of their responsibilities under 

the CAAA with sufficient lead time to evaluate the applicable requirements, 

through mail-outs, using the established databases, and legal notices 

published in local newspapers. 

E.	 Develop adequate mechanisms for informing small business stationary 

sources of their obligations under the Act, including a program for referring 

sources to qualified auditors or for the State to provide for such audits to 

determine compliance with the Act. 

1.	 The SBAP database will be used to inform small businesses of their 

obligations under the CAAA. 

2.	 The SBAP may establish an audit program to include technical auditors 

from the SBAP office as resources allow, and a listing of qualified 

environmental consultants that have requested to be included on the 

listing. Any consultants will be hired and paid for by the small 

businesses. 

-5­

1.	 Proactive component--A small business database including names, 

addresses, type and size of business will be developed from including, 

but not limited to, the following: 

a.	 Georgia Department of Industry and Trade manufacturing 

directory. 

b.	 Information from emission inventory survey forms. The database 

is updated on a continuing basis through the permit system. 

Data are extracted from permit applications, plant inspections 

and through surveys. The computer program SAMS and AIRS 

will be updated as changes in emission data occur. 

2.	 Provide information packets which describe in layman terms 

compliance and technical information relevant to a small business 

stationary source's obligation under the Act. 

3.	 Meetings held throughout the State with interested parties. 

4.	 Reactive component--The SBAP will provide small business technical 

assistance through the following activities: 

a.	 A trained technical specialist to handle inquiries from small 

businesses. 

b.	 A technical specialist to interface with the Air Protection 

Branch's engineering, permitting, and compliance programs for 

needed information. 

c.	 An information clearinghouse of information from EPA's technical 

support services, other states' ombudsmen and professional 

organizations. 

B.	 Provide assistance to small business stationary sources on pollution 

prevention and accidental release prevention and detection including, but not 

limited to, the following: 

1.	 Pollution Prevention--The SBAP may develop pollution prevention 

training programs, workshops and training seminars; and conduct onsite pollution prevention opportunity assessments. 

2.	 The SBAP may coordinate pollution prevention with other state and 

EPA and National Clearinghouses of information; 

3.	 The SBAP will set up a library of information on pollution prevention 

and make available to small businesses. 

C.	 The office of the Small Business Ombudsman will be funded initially through 

EPA grants and the state budget throughout the development of the 

program. It is anticipated that as permit requirements expand to include 

more categories of small sources, the possibilities of permit fees will be 

required. The funding of the Small Business Assistance Program may be 

shifted to permit fees as the funding source. The SBAP will have the 

necessary resources available to conduct business. 

D.	 The ombudsman will have sufficient authority to obtain data from other state 

agencies. The ombudsman will use existing channels for proposing 

legislation or administrative action necessary to assist small business. This 

channel includes the Chief of the Air Protection Branch and the Director of 

the Environmental Protection Division. 

E.	 The ombudsman will administer the small business stationary source 

technical and environmental compliance office. This will include the 

following activities: 

1.	 To develop, collect, coordinate, and disseminate information to small 

business stationary sources and facilities; 

2.	 To provide assistance to small business stationary sources and 

facilities in understanding compliance requirements, permitting 

procedures, compliance methods and technologies, alternative 

technologies, allowable modifications, methods of pollution prevention, 

accidental release prevention and detection, and other areas 

concerning technical and environmental compliance; 

3.	 To advise, consult, and cooperate with any private or public 

organizations or persons, including, but not limited to, federal and state 

agencies, political subdivisions of the state, stationary sources and 

facilities, corporations, associations, partnerships, and individuals, in 

order to encourage cooperation and assist small businesses with 

complying with the Air Quality Control Rules and permitting 

requirements; 

4.	 A program for referring small business stationary sources and facilities 

to qualified auditors who can determine whether the operation of a 

small business stationary source or facility is in compliance with permit 

requirements. 

IV. THE SMALL BUSINESS ASSISTANCE PROGRAM 

The SBAP will be responsible for the following: 

A.	 Develop, collect and coordinate information on compliance methods and 

control technologies. 

-3­

F.	 Section 507(c)(3)(B) allows States in conjunction with the Administrator of 

the Small Business Administration, and after providing notice and 

opportunity for public comment, to exclude from the small business 

stationary source definition those categories of small business stationary 

sources which the State determines to have sufficient financial and technical 

support to meet the requirements of the Clean Air Act without the 

application of Section 507. 

G.	 Section 507 (f) allows States to reduce any fees required under the Clean Air 

Act for small business stationary sources by considering their available 

financial resources. 

II. GEORGIA'S LEGAL AUTHORITY 

A.	 Georgia's Air Quality Act, Section 12-9-25, provides for the establishment 

of the small business stationary source technical and environmental 

compliance assistance program; established the ombudsman for small 

business within the Department of Natural Resources; and established a 

small business stationary source technical and environmental compliance 

advisory panel. 

B.	 The Georgia law defines small business stationary source and small business 

advisory panel; delegates authority to the board of Natural Resources to 

establish rules, regulations, standards, policies and procedures for 

implementation of the SBAP program; allows for the manager (ombudsman) 

to be delegated defined responsibilities; provides for the appointment of 

seven advisory panel members and defines the advisory panel functions, and 

provides for funding of the SBAP office and SBAP advisory panel. 

III. STATE OFFICE DESIGNATION 

A.	 The Air Protection Branch has been designated to conduct the Small 

Business Assistance Program and includes in the organization an 

Ombudsman office representing small business stationary sources. The 

primary reasons are to utilize available experience and to maintain efficiency 

during the development of the program. 

B.	 The ombudsman will have access to the Governor's office as a liaison 

between the interests of small businesses and the interests of the state. 

The ombudsman will report through the Chief of the Air Protection Branch 

to the Director of the Environmental Protection who in turn reports to the 

Governor. The Environmental Protection Division Director's and the Air 

Protection Branch Chief's support of the program is very important and 

strengthens the Small Business Assistance Program. 

-2­

..
 

GEORGIA SMALL BUSINESS STATIONARY SOURCE TECHNICAL AND
 

ENVIRONMENTAL COMPLIANCE ASSISTANCE PROGRAM
 

STATE IMPLEMENTATION PLAN REVISION
 

I. INTRODUCTION 

A.	 Title V, Section 507 of the Clean Air Act Amendments of 1990 (CAAA-90) 

provides for small businesses to have access to the technical and compliance 

information necessary to comply with the Clean Air Act. In addition to 

mandated requirements that the states must meet, Section 507 allows State 

discretion in certain implementation elements of the program. 

B.	 States are required to establish the Small Business Stationary Source 

Technical and Environmental Compliance Assistance Program with three 

main components, as follow: 

1.	 Designation of a State office to serve as Ombudsman for small 

businesses in connection with the implementation of the CAAA~90.

2.	 The establishment of a small business assistance program (SBAP) for 

providing technical and compliance assistance to small businesses. 

3.	 The creation of a compliance advisory panel for determining the overall 

effectiveness of the SBAP. 

C.	 State Implementation Plan revisions which incorporate this program are 

required to be submitted to the Environmental Protection Agency no later 

than November 15, 1992. This plan is required to contain a schedule for 

implementation of the program elements by no later than November 15, 

1994. 

D.	 Section 507(c) defines a small business stationary source as a stationary 

source that: 

1.	 Is owned or operated by a person that employs 100 or fewer 

individuals; 

2.	 Is a small business concern as defined in the Small Business Act; 

3.	 Is not a major stationary source as defined in Titles I and III of the 

Clean Air Act; 

4.	 Does not emit 50 tons/year or more of any regulated pollutant; and 

5.	 Emits less than 75 tons/year of all regulated pollutants. 

E.	 Section 507(c) allows States to extend the definition of eligible source, upon 

petition by the source and after public notice and opportunity for public 

comment, to include small business stationary sources which do not meet 

the criteria as stated in 3,4 or 5 above, but do not emit more than 100 tons 

per year of all regulated pollutants. 

V. Public Education 

Paragraph 14 of the stage II Rule requires a decal to be 

posted on each gasoline dispenser using a stage II vapor 

recovery system. This decal is to include operating 

instructions which at a minimum, includes: A clear 

description of how to correctly dispense gasoline using the 

system, a warning not to attempt continued refueling after 

automatic shutoff of the fuel nozzle, and a telephone number 

to report any problems experienced with the system. 

In addition to the above Rule requirement, the Division 

intends to issue occasional news releases reporting the stage 

II vapor recovery implementation progress to the pUblic. 

Also, Division staff members will provide (when requested) 

written articles for trade journals and newspaper articles by 

local media. 

The Division will attempt to acquire Public Service 

Announcements from EPA and other appropriate sources, and 

request that local television stations show the Public Service 

Announcements so that the pUblic may be informed about 

Stage II control systems. 

VI. Schedule for adoption 

The Georgia stage II Rules were adopted on October 28, 1992. 

4
 

rendered inoperable and the tag(s) shall not be removed until 

the equipment has been repaired, replaced, and adjusted as 

necessary. 

Paragraph 15 also requires daily inspections by station 

personnel of all equipment normally used by the motorist such 

as nozzles, nozzle boots or faceplates. 

The Division commits to inspect each stage II facility on an 

annual basis, as stated in paragraph 12. 

IV. Training for Inspectors 

Currently there are no known reasonably available training 

courses on the stage II program that are "forty-hour training 

courses" as suggested by EPA. However, should the 

Environmental Protection Agency provide such training, the 

Division will require that their inspectors attend the 

EPA-sponsored 40 hour course on stage II. Other potential 

sources of effective training will also be pursued. Minimum 

performance requirements will be developed and required for 

all EPD inspectors. 

The Division has three staff members who attended a 24-hour 

Workshop sponsored by the EPA's Regional Office. These staff 

members will acquire experience in the development of stage II 

controls, including evaluation of stage II systems and on-site 

observations of stage II equipment installed on facilities. 

This on-the-job training added to the 24-hour Workshop 

(without field training) should adequately meet the 40 hour 

training requirement. 

In addition, the three trained staff members will provide 

informal training to other Division inspectors without formal 

training. 

3 

391-3-1-.02(2) (ZZ) 

Gasoline Dispensing Facilities--Stage II 

Paragraphs 1.	 New construction or reconstruction 

requirements 

2.	 Exempts facilities used for agriculture 

purposes 

3.	 Definitions 

4.	 Rule applicability continuation 

5.	 Compliance schedules 

6.	 Area of applicability 

7.	 Compliance schedules 

8.	 Exemptions 

9.	 System certifications 

10. Testing by the Division or other party 

11. Recertification requirements 

12. Division inspections 

13. Station owner/operator training 

14. Public information 

15. operation maintenance, defects and 

16. Record maintenance 

III. Enforcement of stage II Rules 

Paragraph 12 requires that the facilities be subject to annual 

compliance inspections and functional testing by the 

Environmental Protection Division. There are eight items 

listed that describes the requirements to show that the 

Stage II systems will be thoroughly inspected by the Division. 

Paragraph 15 states that upon identification of any defects, 

as described in this Rule, the owner or operator shall tag as 

"out of order" all dispensing equipment for which vapor 

recovery has been impaired. The tagged equipment shall be 

2 

STAGE II GASOLINE VAPOR CONTROL
 

STATE IMPLEMENTATION PLAN REVISION
 

I. Introduction 

The 1990 CAAA's Section 182 (b) (3) requires all areas with 

ozone nonattainment status of Moderate or above (Atlanta is 

Serious), to submit an SIP revision by November 15, 1992, 

which contains measures for implementing a stage II gasoline 

vapor control program. 

Control installation is required at all facilities which 

dispense greater than 10,000 gallons of gasoline per month; or 

50,000 gallons per month for independent marketers. 

Schedules for compliance are required as follows: 

six months Facilities constructed or modified 

after November 15, 1990 

One year Facilities that dispense 100,000 and 

greater gallons/month 

Two years All other regulated facilities 

Separate phased-in schedules for independent small business 

marketers (ISBMs) are allowed. 

II. Georgia's Air Quality Control Rules were amended on 

October	 28, 1992, to include the CAAAs Stage II requirements 

(as stated above). 

These modifications of the Georgia Air Quality Control Rules 

are as follows: 

The commitment to the On-Road Testing requirement will meet 

the coverage required in the final EPA regulations, with at 

least enough coverage to identify actual emissions and make 

any improvements needed to the overall program to achieve the 

reductions claimed. 

III. Implementation Milestones 

Request for legal authority, as needed January 1993 

Program design and definition	 May 1993 

Promulgation of final regulations	 July 1993 

Issuance of final specifications 

and procedures August 1993 

Issuance of Request for Proposal 

(RFP) August 1993 

Final liM SIP Submittal November 1993 

Begin Enhanced Testing on a 

phased-in basis July 1994 

Complete Enhanced Testing 

Program December 1995 

IV.	 The commitment to meet the above schedule is SUbject to the 

prompt issuance of final EPA regulations and guidance, along 

with the MOBILES Emission Factor Program. 

2
 

Georgia Enhanced vehicle Inspection and Maintenance (I'M) Program 

state Implementation Plan Committal 

I.	 Introduction 

A.	 Due to the delay in the pUblishing of final EPA enhanced 

I/M regulations guidance, the state of Georgia is seeking 

conditional approval of the I/M SIP revision as specified 

in Section 110(k) of the Clean Air Act. This approval is 

based on the State's commitment to the adoption and 

implementation of an I/M program meeting all the 

requirements of the final EPA I/M Rules. Included in 

this submittal is the schedule of program implementation 

milestones that addresses the promulgation of draft and 

final State regulations, the issuance of a final 

specifications and procedures, the issuance of final 

Request for Proposals, and all other relevant dates, 

including mandatory testing dates (program operational) . 

B.	 Currently, the State of Georgia operates an inspection 

and maintenance program in four counties within the 

Atlanta ozone nonattainment area. The program is a 

decentralized program that features idle and second 

chance testing for CO and He emissions of light-duty 

passenger cars and trucks, the use of computerized 

emission analyzers, tampering checks, and enforcement 

through registration denial. 

C.	 Section 182 of the 1990 Clean Air Act Amendments requires 

a more effective "enhanced" inspection and maintenance 

program to reduce the hydrocarbon and NOx emissions from 

vehicles registered in each urbanized area of ozone 

nonattainment areas designated Serious or worse. Since 

the Atlanta ozone nonattainment area is classified under 

the 1990 Clean Air Act Amendments as Serious and includes 

an urbanized area with population of 200,000 or more, an 

enhanced vehicle inspection and maintenance program must 

be implemented. 

II. SIP Commitments 

The state of Georgia commits to the adoption and 

implementation of an enhanced I/M program meeting the 

Inspection/Maintenance Program requirements stated in the 

final EPA I/M regulations. Included is the commitment to the 

use of required improved test equipment and procedures for 

testing exhaust CO, HC, and NOx and a purge/pressure test for 

vapor control on those vehicles to which those procedures 

apply. 

Chapter 391-3-10 Inspection and Maintenance 

90 day period specified above, the station 

shall be required to meet the requirements of 

Rule 391-3-10-.17. 

Authority, O.C.G.A. 

amended. 

§ 12-9-40, et seq., as 

391-3-10-.19 Appointment of Mechanic 

Inspectors. 

(1) The Implementing Authority shall 

permit each Mechanic Inspector after such 

Mechanic has met the requirements of Department 

of Natural Resources Rule 391-3-10-.07. 

(2) The Mechanic Inspector shall be 

responsible for maintaining security for his 

analyzer entry code and using same for 

inspection purposes. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.20 Renewal of Mechanic 

Inspector Permit. 

(1) A Mechanic Inspector's permit shall 

be renewed yearly between May 1st and August 

1st upon submission of an approved renewal 

application. 

(2) Failure to complete the foregoing 

requirements within the time specified, except 

for obtaining approval of the application, 

will result in the immediate suspension of the 

Mechanic Inspector's permit and privileges to 

inspect motor vehicles for emissions. The 

Mechanic Inspector shall not again resume 

inspections until having complied with this 

rule and if the requirements for renewal are 

not accomplished within 90 days on the 

expiration of the proceeding permit, 

application must be made pursuant to the 

Chapter 391-3-10 Inspection and Maintenance 

Cobb 

DeKalb 

Fulton 

Gwinnett 

Authority Ga. Code Ann. section 12-9-40. 

391-3-10-.14 Inspection Term. 

The inspection term shall be annual. 

Authority, a.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.15 Motor Vehicles Exempted. 

Any motor vehicle manufactured in a model 

year ending more than 11 calendar years prior 

to January 1 of the calendar year in which 

these requirements are being enforced, or is 

sought to be enforced, shall be exempt from the 

requirement to obtain a certificate of emission 

inspection. 

Authority, a.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.16 Imp 1 e men tat ion 

Administration. 

Pursuant to the Georgia Motor Vehicle 

Inspection and Maintenance Act, a.C.G.A. § 12­

9-46, the Director, on behalf of the Board of 

Natural Resources, may contract with the 

Department of Public safety to implement the 

Inspection and Maintenance Program. 

Authority, a.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10- .17 Appointment of Official 

Motor Vehicle Emission Inspection station. 

(1) The Implementing Authority shall 

issue a certificate of Authorization to the 

Inspection and Maintenance ~hapter 391-3-10 

(iv) reverse the hearing officer's 

decision and enter such order in the case as is 

deemed appropriate. 

(g) Rehearing. Motions to reconsider an 

agency decision or ruling must be received by 

the Implementing Authority within ten (10) days 

after the decision or ruling is rendered. 

(3) (a) No suspension notice or order 

requiring the surrender of a mechanic 

inspector's emission inspection permit shall 

occur until the mechanic inspector is given 

prior notice and is offered a hearing. 

(b) The procedures and policies for 

conducting a hearing requested by a mechanic 

inspector shall be those set forth in Paragraph 

(2) (a)-(g) of this rule. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

Chapter 391-3-1 Air Quality Control 

(b) Fuel burning equipment burning only gas 

as a fuel and having a total heat input 

capacity of 50 million BTU's per hour or less, 

for which construction commenced on or before 

June 9, 1989, or fuel burning equipment having 

a total heat input capacity of less than 10 

million BTU's per hour burning only gas and/or 

distillate fuel oil containing 0.50% sulfur by 

weight or less; 

(c) stationary reciprocating internal 

combustion engines burning natural gas or 

diesel fuel which: 

1. Are used exclusively for emergency power 

generation; or 

2. Have a combined capacity of less than 

8,000 horsepower, are located in Cherokee, 

Clayton, Cobb, Coweta, DeKalb, Douglas, 

Fayette, Forsyth, Fulton, Gwinnett, Henry, 

Paulding or Rockdale Counties, and are used 

exclusively for emergency power generation 

and/or peaking power service, provided the 

engines are not constructed at a "major source" 

as defined in section 391-3-1-.03(8) of these 

Rules; or 

3. Have a combined capacity of less than 

16,000 horsepower, are not located in Cherokee, 

Clayton, Cobb, Coweta, DeKalb, Douglas, 

Fayette, Forsyth, Fulton, Gwinnett, Henry, 

Pauling or Rockdale Counties, and are used 

exclusively for emergency power generation 

and/or peaking power service, provided the 

engines are not constructed at a "major source" 

as defined in section 391-3-1-.02(7) of these 

Rules. 

Air Quality Control Chapter 391-3-1 

(i) "Delivery Vessel" means any tank truck 

or trailer equipped with a storage tank in use 

for the transport of volatile organic liquids 

from sources of supply to stationary storage 

tanks; and 

(ii) "Submerged Fill Pipe" means any fill 

pipe with a discharge opening which is within 

six inches of the tank bottom. 

3. The requirements contained in this 

subsection shall apply to all volatile organic 

liquid handling and storage facilities located 

in those counties of Cherokee, Clayton, Cobb, 

Coweta, DeKalb, Douglas, Fayette, Forsyth, 

FUlton, Gwinnett, Henry, Paulding and Rockdale. 

Rule 391-3-1-.02, subsection (2) (ww) thereof, 

relating to "Perchloroethylene Dry Cleaners" is 

hereby amended by striking paragraph 4. of 

subsection (2) (ww) and inserting in lieu 

thereof a new paragraph 4. to read as follows: 

4. The requirements contained this 

subsection shall apply to all such sources 

located in those counties of Cherokee, Clayton, 

Cobb, Coweta, DeKalb, Douglas, Fayette, 

Forsyth, Fulton, Gwinnett, Henry, Paulding, and 

Rockdale. 

Authority: The Georgia Air Quality Act, 

O.C.G.A. section 12-9-1 et 

Rule 391-3-1-.03, subsections (6) (b) and (6) (c) 

thereof, relating to "Exemptions" is hereby 

amended by striking subsections (6) (b) and 

(6) (c) in their entirety and inserting in lieu 

thereof new subsections (6)(b) and (6) (c) to 

read as follows: 

Chapter 391-3-1 Air Quality Control 

as determined by the Director to represent 

reasonably available control technology for the 

source category in question. 

3. The requirements contained in this 

sUbsection shall apply to all such sources 

located in those counties in Cherokee, Clayton, 

Cobb, Coweta, DeKalb, Douglas, Fayette, 

Forsyth, Fulton, Gwinnett, Henry, Paulding and 

Rockdale. 

4. For the purpose of determining 

applicability of this sUbsection, the emissions 

of VOC from any source shall exclude all VOC 

emissions sUbject to any other more specific 

VOC requirements contained in other subsections 

of this Rule. 

Rule 391-3-1-.02, subsection (2) (vv) thereof, 

relating to "Volatile Organic Liquid Handling 

and storage" is hereby amended by striking 

subsection (2) (vv) in its entirety and 

inserting in lieu thereof a new subsection 

(2) (vv) as follows: 

(vv) Volatile Organic Liquid Handling and 

storage. 

1. After January 1, 1990, no person subject 

to other VOC requirements contained in other 

subsections of this Rule may transfer or cause 

or allow the transfer of any volatile organic 

liquid other than gasoline from any delivery 

vessel into a stationary storage tank of 

greater than 4,000 gallons, unless the tank is 

equipped with submerged fill pipes. 

2. For the purpose of this subsection, the 

following definitions shall apply: 

Air Quality Control Chapter 391-3-1 

5. Compliance determinations for inks shall 

treat volatile compounds not defined as vec's 

as water for the purposes of calculating the 

"percent by volume or more of water" and the 

"less water" parts of the ink composition. 

Rule 391-3-1-.02, subsection (2) (nn) thereof, 

relating to "vec Emissions from External 

Floating Roof Tanks" is hereby amended by 

striking part 1. (i) (II) and sUbstituting in 

lieu thereof a new part 1. (i) (II) to read as 

follows: 

(II) A closure or other device which 

controls vec emissions with an effectiveness 

equal to or greater than a seal required under 

part (I) of this sUbparagraph and approved by 

the Director. 

Rule 391-3-1-.02, subsection (2) (tt) thereof, 

relating to "vec Emissions from Major Sources" 

is hereby amended by striking subsection 

(2) (tt) in its entirety and sUbstituting in 

lieu thereof a new subsection (2) (tt) to read 

as follows: 

(tt) vec Emissions from Major Sources. 

1. No person shall cause, let, permit, 

suffer or allow the emissions of vec from any 

source to exceed 25 tons per year unless such 

source has been approved by the Director as 

utilizing all reasonably available control 

technology in controlling those vec emissions. 

2 • For the purpose of this subsection, 

"Reasonably Available Control Technology" means 

the utilization and/or implementation of water 

based or low solvent coatings, vec control 

equipment such as incineration, carbon 

adsorption, refrigeration or other like means 

Chapter 391-3-1 Air Quality Control 

(i) "Packaging rotogravure printing" means 

rotogravure printing upon paper, paperboard, 

metal foil, plastic film, and other substrates, 

which are, in subsequent operations, formed 

into packaging products and labels for articles 

to be sold. 

(ii) "Publication rotogravure printing" 

means rotogravure printing upon paper which is 

sUbsequently formed into books, magazines, 

catalogues, brochures, directories, newspaper 

supplements, and other types of printed 

materials. 

(iii) "Flexographic printing" means the 

application of words, designs and pictures to a 

substrate by means of a roll printing technique 

in which the pattern to be applied is raised 

above the printing roll and the image carrier 

is made of rubber or other elastomeric 

materials. 

(iv) "Rotogravure printing" means the 

application of words, designs and pictures to a 

substrate by means of a roll printing technique 

which involves intaglio or recessed image areas 

in the form of cells. 

(v) "Roll printing" means the application of 

words, designs and pictures to a substrate 

usually by means of a series of hard rubber or 

steel rolls each with only partial coverage. 

4. The requirements of this subsection do 

not apply to facilities with potential 

emissions of volatile organic compounds less 

than 25 tons per year. 

Air Quality control Chapter 391-3-1 

(II) 40 percent by volume of the coating or 

ink, minus water; or 

(III) 0.5 pounds of VOC per pound of coating 

solids. 

(ii) For publication rotogravure printing, 

the VOC content of any ink or coating as 

applied is equal to or less than one of the 

following: 

(I) 25 percent by volume of the volatile 

content of the coating or ink; or 

(II) 40 percent by volume of the coating or 

ink, minus water. 

2. As an alternative to compliance with the 

limits in paragraph 1., an owner or operator of 

a packaging rotogravure, pUblication 

rotogravure or flexographic printing facility 

may comply with the requirements of this 

subsection by: 

(i) Averaging on a 24-hour weighted basis 

the VOC content of all inks and coatings, as 

applied, on a single printing line, where the 

average does not exceed the limits in paragraph 

1.; averaging across lines is not allowed; or 

(ii) Installing and operating volatile 

organic compound emission reduction equipment 

having at least 90.0 percent reduction 

efficiency , and a capture system approved by 

the Director. 

3. For the purpose of this subsection, the 

following definitions shall apply: 

Chapter 391-3-1 Air Quality Control 

(i) the application of low solvent coating 

technology where the 24-hour weighted average 

of all coatings on a single coating line or 

operation meets the limits stated in paragraph 

1. of this subsection; averaging across lines 

is not allowed; or 

(ii) control equipment, including but not 

limited to incineration, carbon adsorption and 

condensation, with a capture system approved by 

the Director, provided that 90 percent of the 

nonmethane volatile organic compounds which 

enter the control equipment are recovered or 

destroyed and that overall vee emissions do not 

exceed the limits stated in paragraph 1. of 

this sUbsection. 

Rule 391-3-1-.02, subsection (2) (rom) thereof, 

relating to "vee Emissions from Graphic Arts 

Systems" is hereby amended by striking 

subsection (2) (mm) in its entirety and 

sUbstituting in lieu thereof a new subsection 

(2) (mm) to read as follows: 

(mm) 

Systems. 

vee Emissions from Graphic Arts 

1. No person shall cause, let, permit, 

suffer, or allow the operation of a packaging 

rotogravure, pUblication rotogravure or 

flexographic printing facility unless: 

(i) For packaging rotogravure and 

flexographic printing, the vee content of any 

ink or coating as applied is equal to or less 

than one of the following: 

(I) 25 percent by volume of the volatile 

content of the coating or ink; or 

Air Quality Control Chapter 391-3-1 

(ii) the application of low solvent coating 

technology where the 24-hour weighted average 

of all coatings on a single coating line or 

operation meets the solids equivalent limit, 

expressed in pounds vee per gallon of coating 

solids, stated in paragraph 1. of this 

subsection; averaging across lines is not 

allowed; or 

(iii) control equipment, including but not 

limited to incineration, carbon adsorption and 

condensation, with a capture system approved by 

the Director, provided that 90 percent of the 

nonmethane volatile organic compounds which 

enter the control equipment are recovered or 

destroyed, and that overall vee emissions do 

not exceed the solids equivalent limit, 

expressed in pounds vee per gallon of coating 

solids stated in paragraph 1. of this 

subsection. 

(iv) for high performance architectural 

coatings, compliance may be achieved only as 

stated in subparagraph 4.(i) or 4.(iii). There 

is no solids equivalent limit for such 

coatings. 

Rule 391-3-1-.02, subsection (2) (jj) thereof, 

relating to "vee Emissions from Surface Coating 

of Flat Wood Paneling" is hereby amended by 

striking paragraph 2. and substituting in lieu 

thereof new paragraph 2. to read as follows: 

2. The emission limits in this subsection 

shall be achieved by: 

Chapter 391-3-1 Air Quality Control 

(iii) 3.5 pounds per gallon of coating, 

excluding water, delivered to a coating 

applicator that applies extreme performance 

coatings. If any coating delivered to the 

coating applicator contains more than 3.5 

pounds VOC per gallon, the solids equivalent 

limit shall be 6.67 pounds VOC per gallon of 

coating solids delivered to the coating 

applicator. 

(iv) 6.2 pounds per gallon of coating, 

excluding water, delivered to a coating 

applicator in a high performance architectural 

coating operation; and 

(v) 3.0 pounds per gallon of coating, 

excluding water, delivered to a coating 

applicator for all other coatings and coating 

application systems. If any coating delivered 

to the coating applicator contains more than 

3.0 pounds VOC per gallon, the solids 

equivalent limit shall be 5.06 pounds VOC per 

gallon of coating solids delivered to the 

coating applicator. 

2. If more than one emission limitation in 

this subsection applies to a specific coating, 

then the least stringent emission limitation 

shall be applied. 

4. The emission limits in this subsection 

shall be achieved by: 

(i) the application of low solvent coating 

technology where each and every coating meets 

the limit expressed in pounds VOC per gallon of 

coating, excluding water, stated in paragraph 

1. of this subsection; or 

Air Quality Control Chapter 391-3-1 

3. For the purpose of this sUbsection, the 

following definitions apply: 

(i) "Wire coating" means the process of 

applying a coating of electrically insulating 

varnish or enamel to aluminum or copper wire 

for use in electrical machinery. 

Rule 391-3-1-.02, sUbsection (2) (ii) thereof, 

relating to "vee Emissions from Surface Coating 

of Miscellaneous Metal Parts and Products" is 

hereby amended by striking paragraphs 1., 2. 

and 4. and inserting and inserting in lieu 

thereof new paragraphs 1., 2. and 4. to read as 

follows: 

1. No person shall cause, let, permit, 

sUffer, or allow the emissions of vee from 

surface coating of miscellaneous metal parts 

and products to exceed: 

(i) 4.3 pounds per gallon of coating, 

excluding water, delivered to a coating 

applicator that applies clear coatings. If any 

coating delivered to the coating applicator 

contains more than 4.3 pounds vee per gallon, 

the solids equivalent limit shall be 10.3 

pounds vee per gallon of coating solids 

delivered to the coating applicator. 

(ii) 3.5 pounds per gallon of coating, 

excluding water, delivered to a coating 

applicator in a coating application system that 

is air dried or forced warm air dried at 

temperatures up to 194°F. If any coating 

delivered to the coating applicator contains 

more than 3.5 pounds vee per gallon, the solids 

equivalent limit shall be 6.67 pounds vee per 

gallon of coating solids delivered to the 

coating applicator. 

Chapter 391-3-1 Air Quality Control 

(i) 1.7 pounds per gallon of coating, 

excluding water, delivered to the coating 

applicator from wire coating operations. If 

any coating delivered to the coating applicator 

contains more than 1.7 pounds vee per gallon, 

the solids equivalent limit shall be 2.21 

pounds vee per gallon of coating solids 

delivered to the coating applicator. 

(ii) The emission limit in this subsection 

shall apply to the oven(s) of wire coating 

operations. 

2. The emission limits in this subsection 

shall be achieved by: 

(i) the application of low solvent coating 

technology where each and every coating meets 

the limit of 1. 7 pounds vee per gallon of 

coating, excluding water, stated in paragraph 

1. of this subsection; or 

(ii) the application of low solvent coating 

technology where the 24-hour weighted average 

of all coatings on a single coating line or 

operation meets the solids equivalent limit of 

2.21 pounds vee per gallon of coating solids, 

stated in paragraph 1. of this subsection; 

averaging across lines is not allowed; or 

(iii) control equipment, including but not 

limited to incineration, carbon adsorption and 

condensation, with a capture system approved by 

the Director, provided that 90 percent of the 

nonmethane volatile organic compounds which 

enter the control equipment are recovered or 

destroyed, and that overall vee emissions do 

not exceed the solids equivalent limit of 2.21 

pounds vee per gallon of coating solids stated 

in paragraph 1. of this subsection. 

Air Quality Control Chapter 391-3-1 

(iii) control equipment, including but not 

limited to incineration, carbon adsorption and 

condensation, with a capture system approved by 

the Director, provided that 90 percent of the 

nonmethane volatile organic compounds which 

enter the control equipment are recovered or 

destroyed, and that overall VOC emissions do 

not exceed the solids equivalent limit of 4.52 

pounds VOC per gallon of coating solids stated 

in paragraph 1. of this subsection. 

3. For the purpose of this sUbsection, the 

following definitions apply: 

(i) "Application Area" means the area where 

the coating is applied by spraying, dipping or 

flowcoating techniques; 

(ii) "Single Coat" means a single film of 

coating applied directly to the metal substrate 

omitting the primer application; 

(iii) "Large Appliances" means doors, cases, 

lids, panels and interior support parts of 

residential and commercial washers, dryers, 

ranges, refrigerators, freezers, water heaters, 

dishwashers, trash compactors, air conditioners 

and other similar products. 

Rule 391-3-1-.02, subsection (2) (aa) thereof, 

relating to "voc Emissions from Wire coating" 

is hereby amended by striking subsection 

(2) (aa) in its entirety and inserting in lieu 

thereof a new subsection (2) (aa) to read as 

follows: 

(aa) VOC Emissions from Wire Coating: 

1. No person shall cause, let, permit, 

suffer, or allow the emissions of VOC from wire 

coating operations to exceed: 

Chapter 391-3-1 Air Quality Control 

(i) 2.8 pounds per gallon of coating, 

excluding water, delivered to the coating 

applicator from prime, single or topcoat 

operations. If any coating delivered to the 

coating applicator contains more than 2.8 

pounds voe per gallon, the solids equivalent 

limit shall be 4.52 pounds voe per gallon of 

coating solids delivered to the coating 

applicator. 

(ii) The emission limits in this subsection 

shall apply to the application area (s) , flashoff area(s) and oven(s) of large appliance 

coating lines involved in prime, single or 

topcoat coating operations; 

(iii) The emission limit in this subsection 

shall not apply to the use of quick drying 

lacquers used for repair of scratches and 

nicks. 

2. The emission limits in this subsection 

shall be achieved by: 

(i) the application of low solvent coating 

technology where each and every coating meets 

the limit of 2.8 pounds voe per gallon of 

coating, excluding water, stated in paragraph 

1. of this sUbsection; or 

(ii) the application of low solvent coating 

technology where the 24-hour weighted average 

of all coatings on a single coating line or 

operation meets the solids equivalent limit of 

4.52 pounds voe per gallon of coating solids, 

stated in paragraph 1. of this subsection; 

averaging across lines is not allowed; or 

Air Quality Control Chapter 391-3-1 

(iii) control equipment, including but not 

limited to incineration, carbon adsorption and 

condensation, with a capture system approved by 

the Director, provided that 90 percent of the 

nonmethane volatile organic compounds which 

enter the control equipment are recovered or 

destroyed, and that overall vec emissions do 

not exceed the solids equivalent limit of 5.06 

pounds vec per gallon of coating solids stated 

in paragraph 1. of this subsection. 

3. For the purpose of this sUbsection, the 

following definitions apply: 

(i) "Application Area" means the area where 

the coating is applied by spraying, dipping or 

flowcoating techniques; 

(ii) "Metal Furniture Coating" means the 

surface coating of any furniture made of metal 

or any metal part which will be assembled with 

other metal, wood, fabric, plastic or glass 

parts to form a furniture piece. 

Rule 391-3-1-.02, subsection (2) (z) thereof, 

relating to "vec Emissions from Large Appliance 

Surface Coating" is hereby amended by striking 

subsection (2) (z) in its entirety and inserting 

in lieu thereof a new subsection (2) (z) to read 

as follows: 

(z) vec Emissions from Large Appliance 

Surface Coating: 

1. No person shall cause, let, permit, 

sUffer, or allow the emissions of vec from the 

surface coating of large appliances to exceed: 

Chapter 391-3-1 Air Quality Control 

(i) 3.0 pounds per gallon of coating, 

excluding water, delivered to the coating 

applicator from prime and topcoat or single 

coat operations. If any coating delivered to 

the coating applicator contains more than 3.0 

pounds vee per gallon, the solids equivalent 

limit shall be 5.06 pounds vee per gallon of 

coating solids delivered to the coating 

applicator. 

(ii) The emission limit in this subsection 

shall apply to the application area (s) , flashoff area(s) and oven(s) of metal furniture 

coating lines involved in prime and topcoat or 

single coat operations. 

2. The emission limits in this subsection 

shall be achieved by: 

(i) the application of low solvent coating 

technology where each and every coating meets 

the limit of 3.0 pounds vee per gallon of 

coating, excluding water, stated in paragraph 

1. of this subsection; or 

(ii) the application of low solvent coating 

technology where the 24-hour weighted average 

of all coatings on a single coating line or 

operation meets the solids equivalent limit of 

5.06 pounds vee per gallon of coating solids, 

stated in paragraph 1. of this subsection; 

averaging across lines is not allowed; or 

Air Quality Control Chapter 391-3-1 

(ii) "Knife Coating" means the application 

of a coating material to a substrate by means 

of drawing the substrate beneath a knife that 

spreads the coating evenly over the full width 

of the substrate; 

(iii) "Roll Coating" means the application 

of a coating material to a substrate by means 

of hard rubber or steel rolls; 

(iv) "Rotogravure coating" means the 

application of a coating material to a 

substrate by means of a roll coating technique 

in which the pattern to be applied is etched on 

the coating roll. The coating material is 

picked up in these recessed areas and is 

transferred to the substrate. 

(v) "Vinyl Coating" means applying a 

decorative or protective topcoat, or printing 

on vinyl coated fabric or vinyl sheets, but 

shall not mean applying plastisol coating. 

Rule 391-3-1-.02, subsection (2) (y) thereof, 

relating to "vec Emissions from Metal Furniture 

Coating" is hereby amended by striking 

subsection (2) (y) in its entirety and inserting 

in lieu thereof a new subsection (2) (y) to read 

as follows: 

(y) vec Emissions from Metal Furniture 

Coating: 

1. No person shall cause, let, permit, 

suffer, or allow the emissions of vec from 

metal furniture coating operations to exceed: 

Chapter 391-3-1 Air Quality Control 

2. The emission limits in this subsection 

shall be achieved by: 

(i) the application of low solvent coating 

technology where each and every coating meets 

the limit, expressed in pounds vec per gallon 

of coating, excluding water, stated in 

paragraph 1. of this subsection; or 

(ii) the application of low solvent coating 

technology where the 24-hour weighted average 

of all coatings on a single coating line or 

operation meets the solids equivalent limit, 

expressed in pounds vec per gallon of coating 

solids, stated in paragraph 1. of this 

subsection; averaging across lines is not 

allowed; or 

(iii) control equipment, including but not 

limited to incineration, carbon adsorption and 

condensation, with a capture system approved by 

the Director, provided that 90 percent of the 

nonmethane volatile organic compounds which 

enter the control equipment are recovered or 

destroyed, and that overall vec emissions do 

not exceed the solids equivalent limit, 

expressed in pounds vec per gallon of coating 

solids stated in paragraph 1. of this 

subsection. 

3. For the purpose of this subsection, the 

following definitions apply: 

(i) "Fabric coating" means the coating of a 

textile substrate with a knife, roll, or 

rotogravure coater to impart properties that 

are not initially present, such as strength, 

stability, water or acid repellancy, or 

appearance; 

Air Quality Control Chapter 391-3-1 

Rule 391-3-1-.02, subsection (2) (x) thereof, 

relating to "vee Emissions from Fabric and 

Vinyl coating" is hereby amended by striking 

subsection (2) (x) in its entirety and inserting 

in lieu thereof a new subsection (2) (x) to read 

as follows: 

(x) vee Emissions from Fabric and Vinyl 

coating: 

1. No person shall cause, let, permit, 

suffer, or allow the emissions of vee from 

fabric and vinyl coating operations to exceed: 

(i) 2.9 pounds per gallon of coating, 

excluding water, delivered to the coating 

applicator from a fabric coating line. If any 

coating delivered to the coating applicator 

contains more than 2.9 pounds vee per gallon, 

the solids equivalent limit shall be 4.79 

pounds vee per gallon of coating solids 

delivered to the coating applicator. 

(ii) 3.8 pounds per gallon of coating, 

excluding water, delivered to the coating 

applicator from a vinyl coating line. If any 

coating delivered to the coating applicator 

contains more than 3.8 pounds vee per gallon, 

the solids equivalent limit shall be 7.86 

pounds vee per gallon of coating solids 

delivered to the coating applicator. 

(iii) The emission limits in this SUbsection 

shall apply to roll, knife, or rotogravure 

coater(s) and drying oven(s) of fabric and 

vinyl coating lines. 

Chapter 391-3-1 Air Quality Control 

(iii) control equipment, including but not 

limited to incineration, carbon adsorption and 

condensation, with a capture system approved by 

the Director, provided that 90 percent of the 

nonmethane volatile organic compounds which 

enter the control equipment are recovered or 

destroyed, and that overall vec emissions do 

not exceed the solids equivalent limit of 4.79 

pounds vec per gallon of coating solids stated 

in paragraph 1. of this subsection. 

3. For the purpose of this subsection, the 

following definitions apply: 

(i) "Knife coating" means the application of 

a coating material to a substrate by means of 

drawing the substrate beneath a knife that 

spreads the coating evenly over the full width 

of the substrate; 

(ii) "Paper Coating" means the application 

of a coating on paper and pressure sensitive 

tapes, including plastic film and metallic 

foil, regardless of substrate, in which the 

coating is distributed uniformly across the 

web; 

(iii) "Roll Coating" means the application 

of a coating material to a substrate by means 

of hard rubber or steel rolls; 

(iv) "Rotogravure Coating" means the 

application of a coating material to a 

substrate by means of a roll coating technique 

in which the pattern to be applied is etched on 

the coating roll. The coating material is 

picked up in these recessed areas and is 

transferred to the substrate. 

Air Quality Control Chapter 391-3-1 

Rule 391-3-1-.02, subsection (2) (w) thereof, 

relating to "vee Emissions from Paper coating" 

is hereby amended by striking subsection (2) (w) 

in its entirety and inserting in lieu thereof a 

new subsection (2) (w) to read as follows: 

(w) vee Emissions from Paper coating: 

1. No person shall cause, let, permit, 

suffer, or allow the emissions of vee from 

paper coating operations to exceed: 

(i) 2.9 pounds per gallon of coating, 

excluding water, delivered to the coating 

applicator from a paper coating line. This 

limit shall apply to roll, knife, rotogravure 

and saturation coater(s) and drying oven(s) of 

paper coating. If any coating delivered to the 

coating applicator contains more than 2.9 

pounds vee per gallon, the solids equivalent 

limit shall be 4.79 pounds vee per gallon of 

coating solids delivered to the coating 

applicator. 

2. The emission limits in this subsection 

shall be achieved by: 

(i) the application of low solvent coating 

technology where each and every coating meets 

the limit of 2.9 pounds vee per gallon of 

coating, excluding water, stated in paragraph 

1. of this sUbsection; or 

(ii) the application of low solvent coating 

technology where the 24-hour weighted average 

of all coatings on a single coating line or 

operation meets the solids equivalent limit of 

4.79 pounds vee per gallon of coating solids, 

stated in paragraph 1. of this sUbsection; 

averaging across lines is not allowed; or 

Inspection and Maintenance 'Chapter 391-3-10 

requirements for a new, rather than a renewed
 

permit.
 

Authority, O.C.G.A. § 12-9-40, et seq., as
 

amended.
 

391-3-10-.21 Official station on 

Military Installations. 

A United states Military Installation 

located in this state may obtain certification 

for one or more garages or other establishments 

within said installations as Official Emission 

Inspection stations. They shall be subjected 

to the same requirements as other stations, 

except as provided for in Rule 

391-3-10-.17 (e). The person charged with 

responsibility therefore shall be regarded as 

the owner for the purpose of these rules and 

regulations and the emission inspection laws. 

These stations may inspect and issue emission 

inspection stickers for only those vehicles 

belonging to military and civilian personnel 

located and assigned to that particular 

installation and so registered as such. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.22 Display of sign Required. 

(1) Each Official Emission Station shall 

display an "Approved Station" sign indicating 

its status as such. The sign must be of good 

quality and design and shall be maintained in 

good condition so as to reflect credit on the 

particular place of business and the state of 

Georgia. It shall be displayed in a prominent 

place, conspicuous to pUblic view, minimum size 

36" x 48", (as permitted by local governing 

ordinance or regulations) and be sUbject to 

approval by the Implementing Authority. The 

wording on the sign shall include: "State 

Approved Emission Inspection Station", (minimum 

Chapter 391-3-10 Inspection and Maintenance 

prescribed herein. No evidence will be 

received by the agency in any form. 

(4) If the party requesting agency review 

desires that the agency consider matters which 

are not part of the record, the agency should 

be requested to remand the matter to the 

Hearing Officer for receipt of such additional 

evidence. Remands for the purpose of receiving 

additiona I evidence will be granted only if 

deemed by the agency to be justified upon a 

showing that the evidence was not available at 

the time of the hearing, through no fault of 

the party requesting the remand, and could not 

have been made available by the exercise of 

reasonable diligence. 

(f) Conduct of agency review. 

(1) Agency review shall be conducted by 

the Commissioner of the Implementing Authority, 

except when the Commissioner of the 

Implementing Authority determines that conduct 

of agency review in any case in which he is the 

designated reviewing agency may involve the 

exercise of a policy-making function, in which 

case he shall refer such case to the Board of 

Natural Resources for agency review. 

(2) The agency may dispose of the case in 

any of the following ways: 

(i) affirm the initial decision of the 

hearing officer and adopt his findings or 

conclusions or both as is deemed appropriate; 

(ii) adopt a new decision based on the 

record; 

(iii) remand the case to the hearing 

officer for such further proceedings as the 

agency may order; 

Chapter 391-3-10 Inspection and Maintenance 

Authorization by the Implementing Authority or 

his designee. 

(2) Appointment, Full Time and Temporary 

stations: 

(a) Those stations identified as 

"appointment" stations may perform inspections 

on an appointment-only basis, provided an 

appointment shall not be required for 

reinspections. 

(b) All "Full Time" stations and 

"Temporary" stations must perform inspections a 

minimum of 8 hours per day, 5 days a week. 

stations designated as "Full Time" or 

"Temporary" stations shall perform inspections 

on a first come, first serve basis. 

(c) Temporary Station owners shall 

maintain a "Full Time" permanent station on an 

annual basis. The permanent station owners 

shall have been in business for at least twelve 

months prior to opening temporary stations. 

The permanent station shall not be on 

suspension or revocation. Temporary stations 

shall adhere to all conditions as for a 

permanent station as described herein except: 

(1) Station may be authorized to operate 

each year between October 1 and May 15 of the 

following year. 

(2) Station may be constructed of canvas 

or other similar material with not more than 

two open ends. 

(3) Stations shall provide storage 

structure built of wood, brick, metal or 

Inspection and Maintenance ~hapter 391-3-10 

concrete and shall provide secure storage for
 

analyzer, forms and stickers.
 

Authority, O.C.G.A. § 12-9-40, et seq., as
 

amended.
 

391-3-10-.18 Renewal of Certificate of 

Authorization; Failure to Remit Same. 

(1) After designation of an establishment 

as an Official Motor Vehicle Emission 

Inspection station, a Certificate of 

Authorization shall be renewed yearly between 

October 1st and December 31st upon fulfillment 

of the following requirements: 

(a) Submission of a complete renewal 

application; 

(b) Submission of proof satisfactory to 

the Implementing Authority that the $10,000 

performance bond or liability policy, when 

required, is in full force and effect. If bond 

or policy is due to expire during the period 

covered by the renewal certificate of 

Authorization, proof of renewal of the bond or 

policy must be submitted at the expiration 

thereof; 

(c) Compliance with the minimum space and 

equipment requirements as set out in Rule 

391-3-10-.17 (c). 

(2) Failure to complete any of the 

foregoing requirements within the time 

specified, except for obtaining approval for 

the application, will result in the immediate 

suspension of the official inspection duties 

and certificate privileges. Inspections may 

resume upon compliance with the requirements of 

this Rule if done within 90 days of the 

expiration of the preceding certificate. If 

such compliance is not accomplished within the 

Inspection and Maintenance ~hapter 391-3-10 

(r) sticker number. 

Authority, O.C.G.A. § 12

amended. 

-9-40, et seq., as 

391-3-10-.12 Fees. 

(1) Beginning July 

$10.00 shall be charged 

1, 1992, 

by each 

a fee of 

emission 

inspection station for performance of the 

emission inspection and emission control 

equipment inspection. No emission inspection 

station shall offer discounts or sponsor other 

promotional activities which would decrease the 

fee charged by an emission inspection station 

for performance of an emission inspection and 

emission control equipment inspection. 

(2) Beginning July 1, 1992, the station 

shall be required to remit to the Implementing 

Authority an administrative fee of $1.00 for 

each inspection sticker provided. The 

Implementing Authority shall remit $.25 of each 

administrative fee to the appropriate county 

governing authority for each inspection 

performed within that County which results in 

the issuance of a valid emission sticker. 

Seventy-five cents ($.75) shall be remitted to 

the Implementing Authority for providing 

oversight of inspections, training of mechanic 

inspectors, licensing emission inspection 

stations, and other costs associated with 

implementation of the Vehicle Emission 

Inspection and Maintenance Program. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.13 Designated Areas or 

counties. 

The requirements of the inspection and 

maintenance apply to the following designated 

counties on a county-wide basis: 

Chapter 391-3-10 Inspection and Maintenance 

RUle 391-3-10-.11 certification of 

Emission Inspection. 

The certificate of Emission Inspection 

shall be on a preprinted form and contain the 

following information: 

(a) County name; 

(b) station identification number; 

(c) Analyzer number; 

(d) Mechanic inspector's number; 

(e) Date; 

(f) Vehicle identification number; 

(g) Vehicle make; 

(h) Vehicle year model; 

(i) Number of cylinders; 

(j) Mileage; 

(k) Test type (initial or reinspection); 

(1) Results of tampering inspection of 

emission control devices (devices in place, 

removed, or malfunctioning) - (pass/fail/NA); 

(m) Vehicle year group standards; 

(n) Emissions test results (HC and CO); 

(0) Dilution (CO + CO2) (Valid/Invalid); 

(p) Engine RPM (Valid/Invalid/No RPM); 

(q) Test results (pass/fail); and 

Inspection and Maintenance Chapter 391-3-10 

Rule 391-3-10-.10 Records. 

Each official motor vehicle emission 

inspection station which has been approved to 

perform emission inspections shall maintain the 

following records: 

(a) Maintenance records--A bound logbook 

furnished by the equipment manufacturer that is 

secured to the analyzer by chain or similar 

connector shall contain the following entries: 

1. Date and time of notification to 

equipment manufacturer; 

2. Description of any maintenance 

performed; 

3. Date of maintenance (to include 

arrival and departure time of maintenance 

personnel) ; 

4. Date and description of any parts 

installed; and 

5. Name and signature of person 

performing the maintenance. 

(b) For emission inspection of vehicle--A 

signed copy of the completed Certificate of 

Emissions Inspection shall be maintained at the 

emission inspection station and readily 

available for a one year period from the date 

of emissions tests provided, however, temporary 

emission inspection stations may maintain their 

completed certificates of emission inspection 

at the owner of the station's full-time 

emission inspection station. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

Chapter 391-3-10 Inspection" and Maintenance 

precision, and purity of the standard gases to 

within the referenced limits and the labeling 

of individual gas canisters describing these 

and other specified parameters. 

(4) Audits of calibration gases shall not 

be necessary unless a dispute arises regarding 

calibration accuracy of an analyzer. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

Rule 391-3-10-.09 Cal i bra t ion 

Procedures. 

(1) Each official inspection station 

which performs vehicle emissions tests shall 

perform calibrations as follows: 

(a) All emission analyzers shall be 

calibrated with an acceptable calibration gas. 

(b) Analyzer calibrations must be 

performed by a certified mechanic inspector at 

a minimum of once per week. There shall be at 

least five calendar days between such 

calibrations. 

1. Calibration shall be performed only 

after the analyzer has completed the warm-up 

cycle. 

2. The internal or electronic 

calibration shall be performed prior to gas 

calibrations. 

3. The gas calibration shall be 

performed in accordance with the analyzer 

manufacturer's instructions and by following 

the prompts on the analyzer display. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

Inspection and Maintenance C:hapter 391-3-10 

(2) Applicants must take a written 

examination covering the required training, and 

must receive a grade of at least 70 of a 

possible 100 to achieve a passing grade. 

(3) Each mechanic inspector shall obtain 

training on the specific analyzer the mechanic 

inspector is to use. Such training must be 

provided by an instructor representing the 

manufacturer of the specific analyzer. 

(4) A mechanic inspector shall 

demonstrate to the Department his or her 

ability to efficiently and correctly perform an 

emissions test using an emissions analyzer as 

specified in Chapter 391-3-10-.03 of these 

Rules. 

(5) 

least 18 y

Authority, 

A 

e mec~anicars of age. 

O.C.G.A. § 

inspector 

12-9-40, 

shall 

et 

be 

seq., 

at 

as 

amended. 

Rule 391-3-10-.08 Calibration Gas 

Requirements. 

(1) Calibration gases shall be a triblend of propane, carbon monoxide, and carbon 

dioxide using nitrogen as a balance gas. 

(2) The concentration of calibration 

gases shall be 600 ppm propane, 1.6% CO, and 

11% CO2 in nitrogen, ± 2% accuracy ± 0 blend. 

(3) All standard gases purchased by the 

owner or operator of a participating inspection 

station for use in the analyzer must conform to 

the requirements established in 1984 by the 

California BAR for Test Analyzer System 

Calibration Gases (October 16, 1984). These 

requirements include the testing and 

certification of the concentration, accuracy, 

Chapter 391-3-10 Inspection and Maintenance 

(d) An exhaust probe and adaptor/extender 

for vehicle exhaust configurations that prevent 

probe insertion to the required depth; 

(e) One-fourth inch (~") punch, scraper 

and black pen; 

(f) License frame 8"x10"; 

(g) Locking metal box affixed to analyzer 

for inspection forms; 

(h) Industrial grade electrical cord of 

not more than 25 feet in length; 

(i) A dedicated electrical power source 

for analyzer; 

(j) Emission Control System Application 

Guide Manual; 

(k) A sufficient amount of printer 

supplies (ink cartridge, ribbon) to ensure 

proper legible documents; and 

(1) Telephone. 

Authority, O.C.G.A. 

amended. 

§ 12-9-40, et seq., as 

Rule 391-3-10-.07 

Mechanic Inspectors. 

Qualifications for 

(1) Mechanic inspectors shall attend 

State approved training courses on the 

following sUbjects: 

(a) The "Georgia Motor Vehicle Emission 

Inspection and Maintenance Act." 

(b) The Department of Natural Resources 

Rules promulgated under such Act. 

Inspection and Maintenance ·Chapter 391-3-10 

with the inspector's exhaust analyzer and with 

a calibrated analyzer owned by the Department. 

(b) Determine if regulations regarding 

vehicle inspections have been violated; 

(c) Determine if the vehicle meets the 

requirements for passing the vehicle 

inspection. If the vehicle does meet the 

requirements, an inspection certificate and 

sticker shall be issued to the owner; 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.06 Emission Inspection 

stations. Amended. 

(1) Emission inspection stations shall be 

located within the territorial boundaries of 

Cobb, DeKalb, Fulton and Gwinnett counties of 

the State of Georgia. 

(2) The inspection station shall employ 

at least one approved mechanic inspector. 

(3) The emission inspection stations 

shall have the following minimum equipment and 

supplies: 

(a) An infrared exhaust gas analyzer 

approved by the Director; 

(b) A sufficient quantity of calibration 

gases to enable the necessary calibration of 

test equipment to be performed; 

(c) One gas calibration kit including a 

gauge to measure calibration gas pressure in 

pounds per square inch (PSI); 

Chapter 391-3-10 Inspection and Maintenance 

returned to idle and tested again to determine 

passing or failing. 

(i) In the case of a vehicle with dual 

exhausts, both exhaust pipes shall be tested 

and averaged for each test phase. 

(j ) The printed entries on the 

Certificate of Emission Inspection shall be 

verified by the mechanic inspector. The 

mechanic inspector shall sign the Certificate 

of Emission Inspection. Errors by the mechanic 

inspector shall require a retest at no charge 

to the vehicle owner. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

Rule 391-3-10-.05 Referee Procedures. 

Should disputes arise between vehicle 

emission inspectors and owners concerning test 

procedures, inspection equipment accuracy, or 

test requirements, and if such disputes cannot 

be resolved between the inspector and the 

owner; the owner may request that a Station 

Inspector confer with the owner and the 

inspector at the inspection station. All 

determinations made by the Station Inspector 

shall be considered final. In resolving the 

dispute the station Inspector shall: 

(a) Determine if the inspector's emission 

analyzer is accurately measuring the 

hydrocarbon and carbon monoxide exhaust 

emissions of the owner's vehicle by: 

1. Checking the calibration of the 

exhaust analyzer, or; 

2. Measuring the hydrocarbon and carbon 

monoxide exhaust concentrations simultaneously 

Inspection and Maintenance ·Chapter 391-3-10 

(e) In accordance with the analyzer 

display prompts, the mechanic inspector shall 

enter the necessary vehicle information into 

the analyzer. It is the responsibility of the 

mechanic inspector, as part of the inspection 

procedure, to obtain and verify the necessary 

vehicle information from the vehicle being 

inspected. However, the responsibility of 

obtaining vehicle information from a vehicle to 

be inspected may be delegated to an employee of 

the inspection station, provided, that it is 

still the responsibility of the mechanic 

inspector to verify and insure the accuracy of 

the vehicle information obtained by the 

employee before entering such information into 

the analyzer. Under no circumstance shall a 

person who is not a mechanic inspector or 

employee of the inspection station be required 

or allowed to obtain or verify the vehicle 

information to be entered into the analyzer. 

(f) The probe shall be inserted 8 to 12 

inches into the exhaust pipe, using an exhaust 

adaptor/extender, if necessary. 

(g) The tachometer lead shall be 

connected to the appropriate pickup point. 

(h) The analyzer display prompts shall be 

followed to start the test procedure which 

includes: 

1. Initial idle test. Vehicle shall be 

at normal idling and operating temperature. If 

this test shows compliance with applicable 

emission standards no further testing is 

required. 

2. If vehicle fails the initial idle 

test, the engine rpm shall be increased to 2500 

± 200 rpm for 30 seconds. The engine shall be 

Chapter 391-3-10 Inspection and Maintenance 

391-3-10-.03, analyzers which fail to perform 

in accordance with specifications required by 

Rule 391-3-10-.03, or analyzers which fail to 

receive manufacturer's repair service within 

two business days after vendor notification, 

may be prohibited for use in Georgia's Vehicle 

Emissions Program. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

Rule 391-3-10-.04 Emission Control 

Inspection Procedures. Amended. 

Procedures for performing an emission 

inspection shall be as follows: 

(a) The analyzer shall be turned ON at 

the beginning of each inspection day and 

allowed to complete the warm-up period prior to 

any test functions. 

(b) The analyzer shall be checked to 

insure that it is in calibration and that the 

zero and span requirements have been met. 

(c) Each vehicle shall be visually 

inspected to insure that the emission control 

devices are in place and that the devices show 

no evidence of being disabled. The devices to 

be inspected are: 

1. catalytic converter; 

2. Air injection system or air pump; and 

3. Fuel filler neck restrictor. 

(d) After the visual inspection, the 

analyzer display prompts, which direct the 

keyboard entry to be made throughout the 

inspection procedures, shall be followed. 

Inspection and Maintenance Chapter 391-3-10 

(6) Conditions of compliance with the 

above emission standards include the 

requirement that the RPM measured at low idle 

speed shall not exceed the following: 

(a) Vehicles with more than 4 cylinders-­

1200 RPM; or 

(b) Vehicles with equal to or less than 4 

cylinders--1600 RPM; and 

(c) Any measured values above these 

stated values shall be an invalid test and so 

stated. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

Rule 391-3-10-.03 Emission Analyzer 

Specifications. 

All analyzers used to perform hydrocarbon 

and/or carbon monoxide vehicle emission tests 

as part of an official state inspection shall 

conform to the following minimum requirements. 

(a) General Requirements and Performance 

Specifications. 

1. Analyzer specifications other than 

those defined in this section shall meet the 

minimum requirements of the "Specifications for 

Vehicle Gas Analyzer Systems for Use in. the 

Georgia Vehicle Emissions 

Inspection/Maintenance Program (August 1987)." 

2. Analyzers shall utilize a cassette 

tape data storage medium compatible with 

existing Georgia Department of Public Safety 

data processing equipment. 

3. Analyzers which fail to meet the 

minimum specifications required by Rule 

Chapter 391-3-10 Inspection' and Maintenance 

TABLE 1 

Exhaust Emission Standards 

Carbon Monoxide Hydrocarbons 

(CO), Percent (HC), PPM 

1972 to 1974, inclulive 6.0 600 

1975 to 1979, inclulive 4.0 400 

1980 2..5 2.50 

1981 and later 1.2 220 

·PPM-pam per million (volume/volume). 

(2) Conditions of compliance with the 

above emission standards include the 

requirement that all federally required 

emission control devices are installed and 

properly operating in accordance with emission 

control specifications of the motor vehicle 

manufacturer. 

(3) Conditions of compliance with the 

above emission standards include the 

requirement that the sum of CO + CO2 levels will 

be measured and the results show at least the 

following values: 

(a) Vehicles equipped with air 

injection--4%; or 

(b) Vehicles without air injection--6%. 

(4) In cases where the "model year" of 

the engine is different from the body, the 

"model year" of the body shall be considered 

the model year of the vehicle. 

(5) In the case of kit cars where the 

body is placed on a chassis/engine of different 

"model year", the model year of the engine 

shall be considered the "model year" of the 

vehicle. 

Inspection and Maintenance ~hapter 391-3-10 

(m) "Mechanic Inspector" means a person 

approved and issued a license by the Department 

to perform the emission inspections required by 

the Act. 

(n) "Owner" means the registered owner or 

the individual presenting the responsible motor 

vehicle for the emission inspection required 

under the Act. 

(0) "Owner of station" means the 

individual, partnership, firm, corporation, 

association, municipality, governmental agency, 

or lessee having control of the daily operation 

of the station and having responsibility for 

the emission inspections. 

(p) "state Inspection" means the annual 

vehicle exhaust emission inspections as 

required by the Act. 

(q) "station Inspector" means a person 

designated by the Implementing Authority to 

supervise the operation of emission inspection 

stations, to enforce the inspection laws, these 

rules and regulations, and to perform any 

related duties. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

Rule 391-3-10-.02 Emission standards. 

Amended. 

(1) Carbon Monoxide and Hydrocarbon 

Emissions in Idle Mode. Any motor vehicle 

which is sUbj ect to the Act and these Rules 

must not emit carbon monoxide (CO) and/or 

hydrocarbons (HC) in its exhaust emissions in 

excess of standards set forth in Table 1 when 

measured with an approved exhaust gas analyzer 

and by the approved test procedure. 

Chapter 391-3-10 Inspection and Maintenance 

(f) "Emissions Analyzer" means a device 

for measuring the concentration of certain 

exhaust gases emitted by a motor vehicle. 

(g) "Emissions Test" means the 

determination of the concentration of specified 

gases in a vehicle's exhaust. 

(h) "Fleet station" means an 

establishment whether owned by a person, firm, 

association, corporation, municipality, or 

governmental agency, operating a minimum of 

fifteen (15) vehicles being registered, leased 

or inventoried to such fleet stations sUbject 

to emission inspection, and licensed as a 

periodic motor vehicle inspection station. 

(i) "Implementing Authority" means the 

Department of Public Safety which, pursuant to 

O.C.G.A. Section 12-9-46 and a contract 

executed July 17, 1992, between the Board of 

Natural Resources and the Department of Public 

Safety, has contracted to perform certain 

services for the Board of Natural Resources in 

implementing the inspection and maintenance 

program. 

(j) "Gas Calibration" means the 

calibration of an emission analyzer by the 

use of a manufactured calibration gas. 

(k) "Gas Calibration Kits" means the 

attachments and sUbsidiary equipment, necessary 

for a gas calibration. 

(1) "Kit Car" means a motor vehicle which 

lacks the original manufacturer's 

identification due to having the original body 

replaced with a body of a different make and/or 

style including bodies made of fiberglass or 

plastic materials. 

Inspection and Maintenance Chapter 391-3-10 

Chapter 391-3-10-0.25 entitled "Inspection and 

Maintenance" is hereby amended by striking 

Chapter 391-3-10-0.25 in its entirety and 

substituting in lieu thereof a new Chapter 

391-3-10 entitled "Inspection and Maintenance" 

to read as follows: 

Rule 391-3-10-.01 Definitions. Amended. 

The following terms as used in these rules 

shall have the meaning hereinafter respectively 

ascribed, except that to the extent terms are 

not defined in these rules, the Act's 

definitions control; and provided that 

definitions within any subsequent rule or 

subdivision thereof, which are expressly made 

applicable to the rule or subdivision within 

which they appear, shall apply for purposes of 

such specific rule or subdivision thereof. 

(a) "Act" means O.C.G.A. § 12-9-40 et 

seq., as amended, "The Georgia Motor Vehicle 

Emission Inspection and Maintenance Act. 

(b) "Calibration" means the process of 

establishing or verifying the response curve of 

the emissions analyzer using the applicable 

calibration gases. 

(c) "Certification of Emission 

Inspection" means a serially numbered form 

indicating that a motor vehicle has met the 

emissions inspection requirements as 

established by Chapter 391-3-10-.02 and 

391-3-10-.04 of these Rules. 

(d) "Department" means the Department of 

Natural Resources. 

(e) "Director" means the Director of the 

Environmental Protection Division of the 

Department of Natural Resources. 

Chapter 391-3-10 

391-3-10-.22 

391-3-10-.23 

391-3-10-.24 

391-3-10-.25 

391-3-10-.26 

391-3-10-.27 

391-3-10-.28 

391-3-10-.29 

391-3-10-.30 

391-3-10-.31 

391-3-10-.32 

391-3-10-.33 

391-3-10-.34 

391-3-10-.35 

Inspection" and Maintenance 

Display of Sign Required 

Change of Location or Name of 

Emission Inspection Stations; 

Going Out of Business; Change 

Cancellation; Suspension 

Repairs: Reports, Failures, 

Reinspections, Owner's Consent 

Expiration Period of Emission 

Inspection Stickers; Issuance 

Vehicles Returning to State; In 

State Vehicles Not Previously 

Required to be Inspected 

Purchase of a Vehicle 

Sale of Vehicle for Parts or 

Salvage 

Emission Inspection Sticker 

Location 

Completion of Emission 

Inspection Sticker, Loss, 

Theft, Transferability of Same 

Certificates of Emission 

Credit for Defective Emission 

Inspection Certificates, 

stickers 

Reports, Cassette Tapes 

Violation of Law or Rules: 

Penalty 

Hearings 

Inspection and Maintenance Chapter 391-3-10 

RULES
 

of
 

GEORGIA DEPARTMENT OF NATURAL RESOURCES
 

ENVIRONMENTAL PROTECTION DIVISION
 

CHAPTER 391-3-10
 

INSPECTION AND MAINTENANCE
 

391-3-10-.01 

391-3-10-.02 

391-3-10-.03 

391-3-10-.04 

391-3-10-.05 

391-3-10-.06 

391-3-10-.07 

391-3-10-.08 

391-3-10-.09 

391-3-10-.10 

391-3-10-.11 

391-3-10-.12 

391-3-10-.13 

391-3-10-.14 

391-3-10-.15 

391-3-10-.16 

391-3-10-.17 

391-3-10-.18 

391-3-10-.19 

391-3-10-.20 

391-3-10-.21 

TABLE OF CONTENTS 

Definitions 

Emission Standards 

Emission Analyzer Specifications 

Emission Control Inspection 

Procedures 

Referee Procedures 

Emission Inspection Stations 

Qualifications for Mechanic 

Inspectors 

Calibration Gas Requirements 

Calibration Procedures 

Records 

Certificate of Emission 

Inspection 

Fees 

Designated Areas or Counties 

Inspection Term 

Motor Vehicles Exempted 

Implementation Administration 

Appointment of Official Motor 

Vehicle Emission Inspection 

stations 

Renewal of 

Author ization i 

Same 

Appointment 

Inspectors 

Certificate of
 

Failure to Remit
 

of Mechanic
 

Renewal of Mechanic Inspector 

Permit 

Official station on Military 

Installations 

•	 List costs of the above possible control techniques. Initial 

cost as well as cost effectiveness (cost of control per ton 

of emission reduction) would be included. 

•	 Where applicable, list regulatory requirements in other 

states in which the source or similar sources may have 

operating facilities subject to RACT requirements. 

•	 Recommend the level of control to be determined to be RACT. 

Georgia Environmental Protection Division will then review this 

submittal and determine whether or not the RACT demonstration 

proposal is adequate to justify the RACT recommendation and whether 

or not the recommended RACT level is proper. This will be 

accomplished by reviewing the list of alternate control techniques 

evaluated to ensure that all possibilities were considered, by 

reviewing the cost analysis for reasonableness, by independently 

contacting other state air pollution control agencies and the u.s. 

EPA to determine what level of control is required or suggested at 

similar sources in other areas, and by comparing the source's 

recommendation to other similar sources in Georgia. If an initial 

source proposal is determined lacking, the Division will negotiate 

with the source. If necessary, a permit specifying the Division's 

jUdgement (unilaterally) would be issued. 

An air quality permit will be issued to include sufficient 

enforceable conditions to specify the required level or type of 

control, averaging time, and recordkeeping, reporting and testing 

requirements. Typical recordkeeping requirements are detailed in 

existing Rule 391-3-1-.02(6) (a)3. Where EPA-recommended emission 

test procedures are applicable they would normally be required. 

The averaging time for the allowable emission will follow minimum 

EPA requirements for identifiable and enforceable emissions that 

relate to ozone formation (normally daily or no more than monthly, 

depending on source operation). 

RACT for "Major" VOC Sources 

Georgia adopted Rule 391-3-1-.02(2) (tt) in May 1985 to require RACT 

for all 100 tons per year VOC sources. This Rule was revised in 

October 1987 to require RACT for all 25 tons per year VOC sources. 

Compliance with this Rule was required by January 1, 1990. Georgia 

proposes to revise its SIP to incorporate this Rule. The Rule will 

be revised to incorporate the entire 13-county Atlanta 

nonattainment area. A copy is attached. 

Rule 391-3-1-.02(2) (tt) requires Reasonably Available Control 

Technology (RACT) , but differs from Georgia's other VOC rules in 

that there is not a specific numerical limit or reduction required. 

The other rules typically specify allowable VOC contents in inks or 

coatings, required reduction efficiencies for add-on control 

equipment, or work practices or procedures to be used. These rules 

were adopted based on EPA's Control Technique Guidelines (CTG's), 

which were developed after researching different types of VOC 

emitting categories and determining what RACT was for each 

category. 

Rule 391-3-1-.02(2) (tt) does not contain such specific limits due 

to the diversity of VOC source categories to which this Rule 

applies. For example, this Rule has been applied to offset 

printing, wood furniture surface coating, plastic parts surface 

coating, bakeries, paint manufacturing plants, expandable 

polystyrene foam production plants, oil recycling operations, and 

non-CTG coating and other operations at can manufacturing and 

automobile assembly plants. 

Georgia proposes to continue implementing Rule 391-3-1-.02(2) (tt) 

as it has in the past. Georgia will require each source emitting 

over 25 tons per year of VOC's in the Atlanta ozone nonattainment 

area to investigate all possible emission reduction methods and 

propose what it considers to be RACT. This will require each 

source to: 

•	 Fully describe the applicable emission points and basis for 

estimating current emissions. 

•	 List the emission rates and possible source emission points 

available for emission reductions. 

•	 List alternative VOC control techniques such as alternative 

coatings or raw materials, process modifications, add-on 

control devices such as thermal incineration, catalytic 

incineration, condensation, or carbon adsorption, or changes 

in work practices (fugitive VOC control techniques). This 

listing would also detail the amount of VOC reduction 

achievable with each alternative. 
I
 

\ 
The proposed changes to the Rules for Inspection and Maintenance, 

Chapter 391-3-10, will be considered for adoption by the Board of 

Natural Resources at its meeting on October 28, 1992 at 9:00 AM., 

205 Butler street SE., Room 1252 East Tower, Atlanta, Georgia. 

This meeting is open to the pUblic. 

This notice is being distributed by newspaper publication and by 

mailing to all those persons who have requested advance notice of 

this Rule-making proceeding. Copies of the proposed Air Quality 

Rule Amendments are available for inspection and review during the 

hours of 8: 30 a. m. to 4: 00 p. m., Monday through Friday, except 

official state holidays, at the Environmental Protection Division, 

205 Butler street, S.E., Room 1162, East Tower, Atlanta, Georgia. 

The Division will receive written comments on these rules up until 

close of business on October 26, 1992. Address comments to: 

Director, Environmental Protection Division, Department of Natural 

Resources, 205 Butler street, S.E., Room 1152, East Tower, Atlanta, 

Georgia 30334. 

The Inspection and Maintenance Rules are being adopted under the 

authori ty of the Georgia Motor Vehicle Emission Inspection and 

Maintenance Act, O.C.G.A., Section 12-9-40 et seg. 

Chapter 391-3-10 

391-3-10-.22 

391-3-10-.23 

391-3-10-.24 

391-3-10-.25 

391-3-10-.26 

391-3-10-.27 

391-3-10-.28 

391-3-10-.29 

391-3-10-.30 

391-3-10-.31 

391-3-10-.32 

391-3-10-.33 

391-3-10-.34 

391-3-10-.35 

Inspection· and Maintenance 

Display of Sign Required 

Change of Location or Name of 

Emission Inspection Stations; 

Going Out of Business; Change 

Cancellation; Suspension 

Repairs: Reports, Failures, 

Reinspections, Owner's Consent 

Expiration Period of Emission 

Inspection Stickers; Issuance 

Vehicles Returning to State; In 

State Vehicles Not Previously 

Required to be Inspected 

Purchase of a Vehicle 

Sale of Vehicle for Parts or 

Salvage 

Emission Inspection Sticker 

Location 

Completion of Emission 

Inspection Sticker, Loss, 

Theft, Transferability of Same 

Certificates of Emission 

Credit for Defective Emission 

Inspection Certificates, 

stickers 

Reports, Cassette Tapes 

Violation of Law or Rules: 

Penalty 

Hearings 
-

-


Inspection and Maintenance Chapter 391-3-10 

RULES
 

of
 

GEORGIA DEPARTMENT OF NATURAL RESOURCES
 

ENVIRONMENTAL PROTECTION DIVISION
 

CHAPTER 391-3-10
 

INSPECTION AND MAINTENANCE
 

391-3-10-.01 

391-3-10-.02 

391-3-10-.03 

391-3-10-.04 

391-3-10-.05 

391-3-10-.06 

391-3-10-.07 

391-3-10-.08 

391-3-10-.09 

391-3-10-.10 

391-3-10-.11 

391-3-10-.12 

391-3-10-.13 

391-3-10-.14 

391-3-10-.15 

391-3-10-.16 

391-3-10-.17 

391-3-10-.18 

391-3-10-.19 

391-3-10-.20 

391-3-10-.21 

TABLE OF CONTENTS 

Definitions 

Emission Standards 

Emission Analyzer Specifications 

Emission Control Inspection 

Procedures 

Referee Procedures 

Emission Inspection Stations 

Qualifications for Mechanic 

Inspectors 

Calibration Gas Requirements 

Calibration Procedures 

Records 

Certificate of Emission 

Inspection 

Fees 

Designated Areas or Counties 

Inspection Term 

Motor Vehicles Exempted 

Implementation Administration 

Appointment of Official Motor 

Vehicle Emission Inspection 

Stations 

Renewal of 

Authorization; 

Same 

Appointment 

Inspectors 

Certificate of
 

Failure to Remit
 

of Mechanic 

Renewal of Mechanic Inspector 

Permit 

Official station on Military 

Installations 
o
 
50·13·4 ADMINISTRATIVE PROCEDCRE 50·13·4 

1977, p. 1520, §§ 1-4; Ga. L. 1978, p. 1437, §§ 1-5; Ga. L. 1982, p. 3, 

§ 50; Ga. L. 1984, p. 1219, § 1; Ga. L. 1990, p. 1274, § 1.) 

The 1990 amendment, effective July I, 

1990, deleted "Department of Medical Assistance nor to the" preceding "Environmental Protection Division" near the be· 

ginning of paragraph (1) of subsection (g), 

deleted "Department of Medical Assistance and to the" preceding "Environmental Protection Division" near the end of 

paragraph (1) of subsection (g), and deleted "Department of Medical Assistance 

or to the" preceding "Environmental Protection Division" in paragraph (2) of subsection (g). 

JUDICIAL DECISIONS 

Section mandates full consideration of 

all written and oral submissions. Outdoor 

Adv. Ass'n v. Department of Transp., 186 

Ga. App. 550, 367 S.E.2d 827, cert. denied, 186 Ga. App. 918, 367 S.E.2d 827 

(1988). 

Failure to comply with paragraph (a) 

(1) invalidates an amended rule. Outdoor 

Adv. Ass'n v. Department of Transp., 186 

Ga. App. 550, 367 S.E.2d 827, cert. denied, 186 Ga. App. 918, 367 S.E.2d 827 

(1988). 

Economic impact on businesses. - The 

mere fact that most of the affected businesses have less than 100 employees is not 

a sufficient reason to conclude that compliance with paragraph (a) (3) (A-D) is not 

necessary. Outdoor Adv. Ass'n v. Department of Transp., 186 Ga. App. 550, 367 

S.E.2d 827, cert. denied, 186 Ga. App. 

918, 367 S.E.2d 827 (1988). 

Exemptions from procedural requirements. - Under this chapter the adoption 

of rules relating to benefits by the state or 

of an agency is expressly exempted by 

§ 50-13-2(6)(1) from the strict rule-making 

procedural requirements of this section. 

This includes the promulgation of policies 

determining eligibility for entitlement and 

rules for granting unemployment benefits. 

Caldwell v. Amoco Fabrics Co., 165 Ga. 

App. 674, 302 S.E.2d 596 (1983). 

Cited in Cullers v. Home Credit Co., 130 

Ga. App. 441, 203 S.E.2d 544 (1973); 

Georgia State Bd. of Dental Exmrs. v. Daniels, 137 Ga. App. 706, 224 S.E.2d 820 

(1976); State v. Strickman, 173 Ga. App. 1, 

325 S.E.2d 775 (1984); Brown v. State Bd. 

of Exmrs. of Psychologists, 190 Ga. App. 

311, 378 S.E.2d 718 (1989). 

OPINIONS OF THE ATTORNEY GENERAL 

Rules must be properly adopted to be 

valid against persons or parties. - Any 

rule, regulation, resolution, etc., by whatever name called, which falls under the 

definition of a "rule," as defined by 

§ 50-13-2, must be adopted 'pursuant to 

the procedure for adoption of rules, i.e., 

this section and §§ 50-13-5 through 

50-13-7, if it is to be valid against any person or party. Op. Att'y Gen. No. 71-158. 

Agency pronouncements should be 

promulgated in accordance with chapter. 

- Those pronouncements by which an 

agency seeks to interpret its rules and regulations by formulating explicit and detailed standards which have substantial impact should be promulgated in accordance 

with this chapter. 1976 Op. Att'y Gen. No. 

76-78. 

Effective date of emergency rules 

adopted by agency. - Emergency rules 

adopted by state agencies may be made effective by the agency on the date of adoption, if the agency so desires; all emergency rules should be accompanied by a 

statement from the agency indicating their 

effective date. 1975 Op. Att'y Gen. No. 

75-123. 

539
 
c
 
1 

50·13·4 STATE GOVERNMENT 50·13·4 

house for review. In the event a presiding officer is unavailable for the 

purpose of making the assignment within the time limitations, the legislative counsel shall assign the notice to the appropriate standing committee. Each standing committee of the Senate and the House of Representatives is granted all the rights provided for interested persons and governmental subdivisions in paragraph (2) of subsection (a) of this Code 

section. 

(f) In the event a standing committee to which a notice is assigned as 

provided in subsection (e) of this Code section files an objection to a 

proposed rule prior to its adoption and the agency adopts the proposed 

rule over the objection, the rule may be considered by the branch of the 

General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the rule at any time 

within the first 30 days of the next regular session of the General Assembly. It shall be the duty of any agency which adopts a proposed rule over 

such objection so to notify the presiding officers of the Senate and the 

House of Representatives, the chairmen of the Senate and House committees to which the rule was referred, and the legislative counsel within 

ten days after the adoption of the rule. In the event the resolution is 

adopted by such branch of the General Assembly, it shall be immediately 

transmitted to the other branch of the General Assembly. It shall be the 

duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the rule. In 

the event the resolution is adopted by two-thirds of the votes of each 

branch of the General Assembly, the rule shall be void on the day after 

the adoption of the resolution by the second branch of the General 

Assembly. In the event the resolution is ratified by less than two-thirds of 

the votes of either branch, the resolution shall be submitted to the Governor for his approval or veto. In the event of his veto, the rule shall 

remain in effect. In the event of his approval, the rule shall be void on 

the day after the date of his approval. 

(g) (1) Subsection (f) of this Code section shall not apply to the Environmental Protection Division of the Department of Natural Resources, but paragraph (2) of this subsection shall apply to the Envi50·13.4 

1977, p. 152 

§ 50; Ga. L 

The 1990 amel 

1990, deleted "De 

sistance nor to tl 

mental Protectior 

ginning of paragr 

deleted "Depann 

tance and to the" 

"-.; Section mandat 

all written and or, 

Adv, Ass'n v. Dep 

Ga. App. 550, 3( 

nied, 186 Ga. Ap 

(1988). 

Failure to com 

(1) invalidates an Adv, Ass'n v. Dep. 

Ga. App. 550, 36 

nied. 186 Ga. Ap (1988). 

Economic impa 

mere fact that me 

nesses have less tr. 

a sufficient reasor 

ance with parag 

necessary. Outd' 

ment of Transp 

S.E.2d 827, cer 

918, 367 S.E.2d 

Rules must be 

valid against pel 

rule, regulation, 

ever name callec -:~~~ definition of a 

i 

ronmental Protection Division of the Department of Natural Re­ § 50·13.2, must ":; .. 

sources. 'I:···~·~··.';!·~··:··· ,.. ,.;' . ­ the procedure fc

this section ar 

- r' ~-i~ (2) In the event the chairman of any standing committee to which a 50-13-7, if it is tc 

proposed rule relative to the Environmental Protection Division of the .<i: son or party. Or 

Department of Natural Resources is assigned notifies the agency that Agency pron 

promulgated in the committee objects to the adoption of the rule or has questions - Those prone concerning the purpose, nature, or necessity of the rule, it shall be the agency seeks to i 

duty of the agency to consult with the committee prior to the adoption
 

of the rule. (Ga. L. 1964, p. 338, § 4; Ga. L. 1965, p. 283, § 6; Ga. L.
 

538 

I 
c o
 
;0·13-4 ADMINISTRATIVE PROCEDL'RE 50-13-4 

ployees or less by implementing one or more of the following actions 

when it is legal and feasible in meeting the stated objectives of the 

statutes which are the basis of the proposed rule: 

(A) Establish differing compliance or reporting requirements or 

timetables for small businesses; 

(B) Clarify, consolidate, or simplify the compliance and reporting 

requirements under the rule for small businesses; 

(C) Establish performance rather than design standards for small 

businesses; or 

(D) Exempt small businesses from any or all requirements of the 

rules. 

(b) If any agency finds that an imminent peril to the public health, 

iafety, or wdf;-,re, including but not limited to, summary processes such 

is quarantines, contrabands, seizures, and the like authorized by law 

,vithout notice, requires adoption of a rule upon fewer than 30 days' 

:1otice and states in writing its reasons for that finding, it may proceed 

without prior notice or hearing or upon any abbreviated notice and 

hearing that it finds practicable to adopt an emergency rule. The rule 

may be effective for a period of not longer than 120 days but the adoption of an identical rule under paragraphs (1) and (2) of subsection (a) of 

chis Code section is not precluded. 

(c) It is the intent of this Code section to establish basic minimum 

3rocedural requirements for the adoption, amendment, or repeal of 

:tdministrative rules. Except for emergency rules which are provided for 

t

I

i

I

I

,

I

I

I

I

I 

,

;n subsection (b) of this Code section, the provisions of this Code section f

lre applicable to the exercise of any rule-making authority conferred by 

lOy statute, but nothing in this Code section repeals or diminishes addiLional requirements imposed by law or diminishes or repeals any sum­ . 

i 

mary power granted by law to the state or any agency thereof. I' f:

(d) No rule adopted after April 3, 1978, shall be valid unless adopted 

in exact compliance with subsections (a) and (e) of this Code section and 

in substantial compliance with the remainder of this Code section. A ;~
 Ii 

, 

proceedin~ to contest any rule on the ground of noncompliance with the r 

procedural requirements of this Code section must be commenced I: 

within two years from the effective date of the rule. r

. (e) The agency shall transmit three copies of the notice provided for 

10 paragraph (1) of subsection (a) of this Code section to the legislative 

counsel. The copies shall be transmitted at least 30 days prior to the date 

of the agency's intended action. Within three days after receipt of the 

copies, if possible, the legislative counsel shall furnish the presiding officers of each house with a copy of the notice, and the presiding officers 

shall assigll the notice to the appropriate standing committee in each 

537
 
c o
 
, 

I 

I: 

f ' 

I 

I 

I, 

j I 

I 

, I i

.i 

50-13-4 STATE GOVERNMENT 50-13-4 

RESEARCH REFERENCES 

Am. Jur. 2d. - 1 Am. Jur. 2d, Administrative Law, § 94.2 Am. Jur. 2d, Administrative Law. §§ 279, 287. 

C.J.S. - 73A C.j.S., Public Administrative Law and Procedure. §§ 89. 112, 113, 

152. 

V.L.A. - Model State Administrative 

Procedure Act (V.L.A.) §§ 3-101-3-117. 

ALR. - What constitutes preliminary 

drafts or notes provided bv or for state or 

local governmental agency, or intra-agency 

memorandums, exempt from disclosure or 

inspection under state freedom of information acts. 26 ALR4th 639. 

50-13-4.	 Procedural requirements for adoption, amendment, or repeal 

of rules; emergency rules; limitation on action to contest rule; 

legislative override. 

(a) Prior to the adoption, amendment, or repeal of any rule, other 

than interpretive rules or general statements of policy, the agency shall: 

(l) Give at least 30 days' notice of its intended action. The notice 

shall include an exact copy of the proposed rule. It shall also include 

the exact date on which the agency shall consider the adoption of the 

rule and shall include the time and place in order that interested 

persons may present their views thereon. The notice shall also contain 

a citation of the authority pursuant to which the rule is proposed for 

adoption and, if the proposal is an amendment or repeal of an existing 

rule, the rule shall be clearly identified. The notice shall be mailed to 

all persons who have requested in writing that they be placed upon a 

mailing list which shall be maintained by the agency for advance notice 

of its rule-making proceedings and who have tendered the actual cost 

of such mailing as from time to time estimated by the agency; 

(2) Afford to all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. In the case of 

substantive rules, opportunity for oral hearing must be granted if 

requested by 25 persons who will be directly affected by the proposed 

rule, by a governmental subdivision, or by an association having not 

less than 25 members. The agency shall consider fully all written and 

oral submissions respecting the proposed rule. Upon adoption of a 

rule, the agency, if requested to do so by an interested person either 

prior to adoption or within 30 days thereafter, shall issue a concise 

statement of the principal reasons for and against its adoption and 

incorporate therein its reason for overruling the consideration urged 

against its adoption; and 

(3) In the formulation and adoption of any rule which will have an 

economic impact on businesses in the state, reduce the economic impact of the rule on small businesses which are independently owned 

and operated, are not dominant in their field, and employ 100 em536
 

50-13·4 

ployees or Ie 

when it is Ie 

statutes whic 

(A) Esta 

timetables 

(B) Clar 

reqUlreme 

(C) Esta 

businesses: 

. (D) Exel 

rules. 

(b) If any a§ 

safety, or welf;-, 

as quarantines, 

without notice. 

notice and stat, 

without prior 

hearing that it 

may be effectiv 

tion of an ident 

this Code sec 

(c) It is the 

procedural re 

administrative 

in subsection ( 

are applicable 

any statute, bu 

tional requirer 

mary power g 

(d) No rule 

in exact compl 

in substantial 

proceeding to 

procedural re 

within two ye, 

(e) The age 

in paragraph 

counsel. The c 

of the agencY' 

copies, if possi 

cers of each h 

shall assign tr 

I 
o 'I 
I

Sec. 

50-13-1. 

50-13-2. 

50-13-3. 

50-13-4. 

50-13-5. 

50-13-6. 

50-13-7. 

50-13-8. 

50-13-9. 

50-13-10. 

50-13-11. 

50-13-12. 

STATE GOVERNMENT 

CHAPTER 13
 

ADMINISTRATIVE PROCEDURE
 

Short title; purpose. 

Definitions. 

Adoption of rules of organi­


zation and practice; public
 

inspection and validitv of
 

rules, policies, orders, deci­


sions, and opinions.
 

Procedural requirements for
 

adoption, amendment, or
 

repeal of rules; emergency
 

rules; limitation on action to
 

contest rule; legislative over­


ride.
 

Filing of previously adopted
 

rules.
 

Rules not effective until 20
 

days after filed with Secre­


tary of State; exceptions;
 

rules governing manner and
 

form of filing.
 

Secretary of State to publish
 

compilation of rules and
 

monthly bulletin.
 

Judicial notice of rules.
 

Petition for promulgation,
 

amendment, or repeal of
 

rule; agency response.
 

Declaratory judgment on va­


lidity of rules; venue for ac­


tions.
 

Declaratory rulings by agen­


cies.
 

Department of Revenue to
 

hold hearing when de-


Cross references. - Monthly meetings 

of county boards of education, § 20-2-58. 

Administrative procedure before Department of Human Resources and county 

boards of health, § 31-5-1 et seq. Conducting of hearings by Commissioner of Insurance, § 33-2-17 et seq. Administrative proceedings before Department of Human 

Resources and county boards of health 

pursuant to enforcement of mental health 

laws, § 37-1-50 et seq. Uniform property 

526
 

Sec. 

50-13-13. 

50-13-14. 

50-13-15. 

50-13-16. 

50-13-17. 

50-13-18. 

50-13-19. 

50-13-20. 

50-13-21. 

50-13-22. 

manded bv aggrieved taxpayer; election of remedies. 

Opportunitv for hearing in 

contested cases; notice; 

counsel; subpoenas; record; 

revenue cases.
 

Intervention in contested
 

cases.
 

Rules of evidence in con­


tested cases; official notice;
 

conducting hearings by uti­


lizing remote telephonic
 

communications.
 

Proposal for decision in con­


tested cases; opportunity to
 

file exceptions and present
 

briefs and arguments.
 

Initial decisions in contested
 

cases; review of initial deci­


sions; final decisions and or­


ders; Public Service Com­


mission exceptions.
 

Procedure upon grant, de­


nial, renewal, revocation,
 

suspension, annulment, or
 

withdrawal of licenses.
 

Judicial review of contested
 

cases.
 

Review of final judgment.
 

Compliance with filing and
 

hearing requirements by
 

Safety Fire Commissioner
 

and Commissioner of Insur­


ance.
 

Construction of chapter.
 

tax administration and equalization, 

§ 48-5-260 et seq. 

Law reviews. - For survev of Eleventh 

Circuit decisions covering law' applicable to 

administrative agencies, see 35 Mercer L. 

Rev. 1029 (1984). For annual survey of administrative law, see 36 Mercer L. Rev. 393 

(1984). For article surveying recent developments in administrative law, see 37 Mercer L. Rev. 503 (1985). For article, "The 

Office of Legislative Counsel," see 23 Ga. 

...H. o.J 

admlnl: 

17 (19K 

velopm 

k 

Chap 

of cit)· 

(BZA), 

agenCle .... 

,	 law. La 

631, 3; 

"'!: State .,

""

.-1~	 emed b 

demote J dation 

ment 0

i

*" sued h~

nating "':'•. ?­ State f 

tioned 

view, it 

govern. 

Procedl 

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Memorandum 

Page 2 

August 11, 1992 

2.	 clarify, consolidate, or simplify compliance and reporting 

requirements - The Division has developed "standard" air 

quality permits which will be issued to businesses sUbject 

to these rules, including small businesses. These permits 

will consolidate all compliance and reporting requirements. 

The Division will not require any routine reporting that is 

not necessary to comply with state or federal requirements. 

The rule modifications to clarify compliance on a solids 

basis are drafted to consolidate and simplify compliance 

determinations. 

3.	 Performance rather than design standards - These rules are 

performance standards rather than design standards. 

Businesses, including small businesses, have different 

options and control strategies that can be considered to 

meet the standards. 

4.	 Exemptions for small businesses - The federal Clean Air Act 

Amendments of 1990 require the Division to adopt these VOC 

rules. Only businesses that emit VOC's in quantities less 

than the applicability levels in the rules may be exempted. 

RCM: lr 

Georgia	 Departmer/~of Natural Resources 

205 Butler Street, S.E., East Floyd Tower, Atlanta, Georgia 30334 

Joe D. Tenner, Commissioner 

Herold F. Reheil, Director 

EnviroM1entel Protection Division 

August 11, 1992 

M E M 0 RAN DUM 

TO:	 Robert H. Collom 

FROM:	 Ronald C. Methier~

SUBJECT:	 Economic Impact of Proposed Rules on Small Businesses 

VOC Rules 

The Administrative Procedures Act requires that we consider and 

attempt to minimize the economic impact of proposed rules on small 

businesses in the State. Small businesses are those which are 

independently owned or operated and are not dominant in the field 

and employ 100 employees or less.. The Act specifically requires 

that the following four actions be considered in reducing the 

economic impact: 

1.	 Establishing different requirements or reporting 

requirements on time tables for small businesses. 

2.	 Clarifying, consolidating, or simplifying the compliance 

and reporting requirements under the Rule for small 

businesses. 

3.	 Establishing performance rather than design standards for 

small businesses. 

4.	 Exempting small businesses from any and all requirements of 

the Rules. 

The Division is proposing reVl.Sl.ons to its Air Quality Control 

Rules to expand existing volatile organic compound (VOC) control 

rules into Cherokee and Forsyth counties, to revise the definition 

of VOC and to modify most of the VOC surface coating and printing 

rules to clarify that compliance must be met on a solids basis. 

In addressing the four actions required by the State statute, we 

have considered the following: 

1.	 Different requirements or reporting requirements - The 

federal Clean Air Act Amendments of 1990 require the 

Division to expand the existing VOC rules into these two 

counties and to revise the VOC definition. The impact on 

small businesses in these two counties should be no 

different than the impact has been in the existing 11 

counties of the Atlanta metro area which have previously 

been regulated. The Division will not require any routine 

reporting requirements that are not necessary to comply 

with State or federal requirements. The rule modification 

to clarify compliance on a solids basis does not change the 

basic requirements of the rules, so should have minimal 

impact. 

Memo: Economic Impact of I&M on Small Business 

Page 2 

October 15, 1992 

In addressing the four actions required in the State statute, we 

have considered: 

a.	 Different requirements or reporting requirements for 

small businesses--with the exception of a few fleet 

stations, emission stations are small businesses. With 

regards to the inspection fee, the current fees range 

from $7.50 to $10.00. Even though most stations charge 

$10.00, some stations have posted signs which advertise 

inspection fees at $7.50 and $8.00. The mandatory ten 

dollar fee will mean more money for those stations that 

test for less than the current maximum of ten dollars. 

The increase in the administrative fee to the State from 

fifty cents to one dollar ($1. 00) will impact small 

businesses in the emission testing business. This 

increased administrative fee must be absorbed by the 

station owners. Considerations included in setting the 

administrative fee are that present test equipment is 

adequate and most likely has been amortized already; the 

state furnishes the necessary forms, tapes for the 

analyzer data and both mechanic inspector and station 

certification forms at no charge. The $1. 00 fee is 

similar, in percentage of the overall fee from the 

motorist, to other vehicle test programs in the nation. 

b.	 Consolidate and/or simplify compliance or reporting 

requirements for small businesses -- These rules do not 

significantly change the reporting requirements. 

c.	 Performance rather than design standards for small 

businesses -- This consideration is not applicable in 

that design standards remain unchanged. 

d. Exemptions for small business. 

rules is on small businesses 

small businesses can be made. 

Since the focus of these 

no exemptions regarding 

The Georgia inspection and maintenance program is vital to the 

reduction of ozone precursors. Recent changes in the Georgia Motor 

Vehicle Emission Inspection and Maintenance Act mandate that DNR 

assume the implementation of the inspection and maintenance 

program. These rules will enable the DNR to take over the 

responsibility of the entire program, through a contract with DPS. 

RHC:cel 

Georgia Departme,"1t of Natural Resources 

205 Butler Street. S.E.. Floyd Towers East. Atlanta. Georgia 30334 

• •	 Joe D. Tanner. CommISSIoner 

Harold F. RehllS. Director 

Environmental Protection D,vISion 

October 15, 1992 

M E M 0 RAN 0 U M 

TO:	 Harold F. Rehei~ FROM: . Robert H. Collom 

SUBJECT:	 Economic Impact of Proposed Vehicle Emission Inspection 

Rules on Small Business, Chapter 391-3-10 

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, attempts be made to reduce the economic 

impact of the Rule on small businesses which are independently 

owned and operated and are not dominant in the field and employ 100 

employees or less. The statute specifically requires that four 

actions be considered in reducing the economic impact. These four 

actions are: 

a.	 Establishing different requirements or reporting 

requirements or time tables for small businesses; 

b.	 Clarify, consolidate or simplify the compliance and 

reporting requirements under the Rule for small 

businesses; 

c.	 Establish performance rather than design standards for 

small businesses; or 

d.	 Exempt small businesses from any or all requirements of 

the Rules. 

INSPECTION AND MAINTENANCE 

The Division is proposing changes to its Air Quality Rules in order 

to meet the recent changes in the Georgia Motor Vehicle Emission 

Inspection and Maintenance Act. These changes include setting the 

inspection fee, an administrative fee to the State, model years, 

designation of counties covered, inspection term, contract with 

Department of PUblic Safety COPS) to implement the program, and 

program implementation rules to continue the program including 

repair waiver cost increases and hearing procedures that enable DPS 

to continue the program with minimum changes. 

Memorandum 

Page 3 

October 20, 1992 

c.	 Performance rather than design standards for small business 

The design standards and performance standards included in 

these rules are federally required for final approval. 

d.	 Exemptions for small business These exemptions are 

described in (a) as previously stated, based on amount of 

gasoline pumped. Any other exemptions would not meet federal 

requirements. 

The stage II program is an important strategy in the overall 

reduction of ozone precursors. 

SMALL BUSINESS ASSISTANCE PROGRAM 

The Division is proposing changes to its Air Quality Rules in order 

to meet the recent changes in the Georgia Air Quality Act which 

established a small business assistance program as required by the 

Clean Air Act Amendments of 1990. 

The rule changes include added definitions, delegation of duties to 

the Ombudsman and added a listing of actions to be carried out by 

the small business assistance program office. 

In addressing the four actions required in the State statue, we 

have considered: 

a.	 Different requirements or reporting requirements for small 

businesses There are no requirements or reporting 

requirements or time tables imposed on small businesses. 

b.	 Consolidate and/or simplify compliance or reporting 

requirements for small businesses -- There are no compliance 

requirements for small businesses. 

c.	 Performance rather than design standards for small businesses 

There are no performance or design standards for small 

businesses. 

d.	 Exemptions for small businesses -- There are no requirements 

for small business; therefore no exemptions. 

These rules are intended to assist in the implementation of the 

Small Business Assistance Program. The Small Business Assistance 

Program has been provided to assist small businesses in meeting the 

air quality rules and regulations. This program will place 

requirements on the Air Protection Branch in its efforts to provide 

assistance to small businesses, not place new requirements on small 

businesses. 

RHC:njj 

·.
 

Memorandum 

Page 2 

October 20, 1992 

2.	 Clarify, consolidate, or simplify compliance and reporting 

requirements - The Division will develop standard emission 

statement reporting requirements to be used by businesses 

sUbject to this rUle, including small businesses. The 

Division will not require any reporting that is not necessary 

to comply with state or federal requirements. The volatile 

organic compound and nitrogen oxide emission controls will be 

required of all businesses, including small businesses, 

emitting in excess of 50 tons per year of either pollutant, as 

stipulated by the federal Act. 

3.	 Performance rather than design st~ndards - These rules are 

emission control performance standards rather than design 

standards. Businesses, including small businesses, have 

different options and control strategies that can be 

considered to meet the standards. 

4.	 Exemptions for small businesses - The federal Clean Air Act 

Amendments of 1990 require the Division to adopt these VOC 

rules. Only businesses that emit VOC's in quantities less 

than the applicability levels in the rules may be exempted. 

STAGE I AND STAGE II CONTROLS OF GASOLINE VAPORS 

The Division is proposing changes to its Air Quality Rules to meet 

the requirements of the Clean Air Act Amendments of 1990. 

The existing Stage I rules are changed to add Cherokee and Forsyth 

counties to meet the new nonattainment area requirements. 

stage II rules were added to meet the federal requirements as 

stated in the Clean Air Act Amendments of 1990 and EPA guidance 

documents. They apply to all 13 counties and stations therein. 

In addressing the four actions required in the State statute 

regarding the economic impact on small businesses, the Division has 

considered: 

a.	 Different requirements or reporting requirements for small 

businesses -- These proposed rules adopt the exemption of up 

to 10,000 gallons per month throughput and the Independent 

Small Business Marketing exemptions of up to 50,000 gallons 

per month throughput along with the allowed schedules for the 

ISBM's stations 50,000 and above gallons per month. 

b.	 Clarify, consolidate or simplify the compliance and reporting 

requirements for small businesses -- Efforts were made to 

minimize and clarify the reporting requirements during the 

development of these rules. 

Georgia Departme' of Natural Resources 

205 Butler Street, S.E., East Floyd Tower, Atlanta, Georgia 30334 

Joe O. renner, COrTVTl'SSloner 

Herold F. Renei•. D,rector 

En"';ronmental Protection DIVISIon 

October 20, 1992 

M B M 0 RAN 0 0 M 

TO:	 Harold F. Rehei~~ FROM:	 Robert H. Collom 

SUBJECT:	 Economic Impact of Proposed Rules on Small Businesses 

VOC Rules 

The Administrative Procedures Act requires that we consider and 

attempt to minimize the economic impact of proposed rules on small 

businesses in the State. Small businesses are those which are 

independently owned or operated and are not dominant in the field 

and employ 100 employees or less. The Act specifically requires 

that the following four actions be considered in reducing the 

economic impact: 

1.	 Establishing different requirements or reporting requirements 

or time tables for small businesses. 

2.	 Clarifying, consolidating, or simplifying the compliance and 

reporting requirements under the Rule for small businesses. 

3.	 Establishing performance rather than design standards for 

small businesses. 

4.	 Exempting small businesses from any and all requirements of 

the Rules. 

STATIONARY SOURCE EMISSION CONTROL 

The Division is proposing reVl.Sl.ons to its Air Quality Control 

Rules to require nitrogen oxide emission controls, annual emission 

statements, and tighter controls on volatile organic compound and 

nitrogen oxide emissions in the Atlanta ozone nonattainment area, 

as required by the Federal Clean Air Act Amendments of 1990. 

In addressing the four actions required by the State statute, we 

have considered the following: 

1.	 Different requirements or reporting requirements The 

Division is proposing to adopt the minimum requirements for 

emission controls and reporting contained in the federal Act 

to minimize the impact on small businesses. 

•	 List costs of the above possible control techniques. Initial 

cost as well as cost effectiveness (cost of control per ton 

of emission reduction) would be included. 

•	 Where applicable, list regulatory requirements in other 

states in which the source or similar sources may have 

operating facilities subject to RACT requirements. 

•	 Recommend the level of control to be determined to be RACT. 

Georgia Environmental Protection Division will then review this 

submittal and determine whether or not the RACT demonstration 

proposal is adequate to justify the RACT recommendation and whether 

or not the recommended RACT level is proper. This will be 

accomplished by reviewing the list of alternate control techniques 

evaluated to ensure that all possibilities were considered, by 

reviewing the cost analysis for reasonableness, by independently 

contacting other state air pollution control agencies and the u.s. 

EPA to determine what level of control is required or suggested at 

similar sources in other areas, and by comparing the source's 

recommendation to other similar sources in Georgia. If an initial 

source proposal is determined lacking, the Division will negotiate 

with the source. If necessary, a permit specifying the Division's 

jUdgement (unilaterally) would be issued. 

An air quality permit will be issued to include sufficient 

enforceable conditions to specify the required level or type of 

control, averaging time, and recordkeeping, reporting and testing 

requirements. Typical recordkeeping requirements are detailed in 

existing Rule 391-3-1-.02(6) (a)3. Where EPA-recommended emission 

test procedures are applicable they would normally be required. 

The averaging time for the allowable emission will follow minimum 

EPA requirements for identifiable and enforceable emissions that 

relate to ozone formation (normally daily or no more than monthly, 

depending on source operation). 

RACT for "Major" VOC Sources 

Georgia adopted Rule 391-3-1-.02(2) (tt) in May 1985 to require RACT 

for all 100 tons per year VOC sources. This Rule was revised in 

October 1987 to require RACT for all 25 tons per year VOC sources. 

Compliance with this Rule was required by January 1, 1990. Georgia 

proposes to revise its SIP to incorporate this Rule. The Rule will 

be revised to incorporate the entire 13-county Atlanta 

nonattainment area. A copy is attached. 

Rule 391-3-1-.02(2) (tt) requires Reasonably Available Control 

Technology (RACT) , but differs from Georgia's other VOC rules in 

that there is not a specific numerical limit or reduction required. 

The other rules typically specify allowable VOC contents in inks or 

coatings, required reduction efficiencies for add-on control 

equipment, or work practices or procedures to be used. These rules 

were adopted based on EPA's Control Technique Guidelines (CTG's), 

which were developed after researching different types of VOC 

emitting categories and determining what RACT was for each 

category. 

Rule 391-3-1-.02(2) (tt) does not contain such specific limits due 

to the diversity of VOC source categories to which this Rule 

applies. For example, this Rule has been applied to offset 

printing, wood furniture surface coating, plastic parts surface 

coating, bakeries, paint manufacturing plants, expandable 

polystyrene foam production plants, oil recycling operations, and 

non-CTG coating and other operations at can manufacturing and 

automobile assembly plants. 

Georgia proposes to continue implementing Rule 391-3-1-.02(2) (tt) 

as it has in the past. Georgia will require each source emitting 

over 25 tons per year of VOC's in the Atlanta ozone nonattainment 

area to investigate all possible emission reduction methods and 

propose what it considers to be RACT. This will require each 

source to: 

•	 Fully describe the applicable emission points and basis for 

estimating current emissions. 

•	 List the emission rates and possible source emission points 

available for emission reductions. 

•	 List alternative VOC control techniques such as alternative 

coatings or raw materials, process modif ications, add-on 

control devices such as thermal incineration, catalytic 

incineration, condensation, or carbon adsorption, or changes 

in work practices (fugitive VOC control techniques). This 

listing would also detail the amount of VOC reduction 

achievable with each alternative. 

, . 

Mr. Greer Tidwell 

Page 3 

November 13, 1992 

We look forward to prompt review and approval by EPA of these 

submittals. If you or your staff desire detailed explanations or 

interpretations of any point, please do not hesitate to contact Bob 

Collom of the Air Protection Branch. 

Sincerely, 

~~l~~~\JJM~,\ Harold F. Reheis 

Director 

HFR:njj 

cc:	 Winston smith (wjenclosures) 

Bob Collom 
.." 
' .

." 

Mr. Greer Tidwell 

Page 2 

November 13, 1992 

The committal schedule for development of the enhanced vehicle 

emission testing program in Atlanta includes timeframes which EPA 

indicated were needed to gain EPA's acceptance of that commitment. 

We will work diligently to meet the various actions and time 

deadlines. If matters beyond our control create any delays, we 

will inform Region IV and work out the best possible new schedule. 

It appears this may be needed because we understand some EPA 

interpretations and the final requirements issued by EPA on 

November 5 may have already changed from the dates Region IV had 

initially indicated as needed. The bottom line is that we will do 

what is actually needed as soon as it is practical to do properly. 

Although the public hearing notice did not specifically highlight 

or mention the I&M committal schedule, it was covered in that 

notice in referring to ozone SIP requirements, was available for 

pUblic review 30 days before the hearing and was discussed during 

that hearing. I understand that EPA will be able to accept this 

schedule either as a letter commitment (which we are hereby making) 

or as an SIP revision, assuming you conclude that the required SIP 

notice and review requirements have been satisfied. 

Enclosed with the SIP package are certifications that the 

required pUblic notices in the newspapers were provided, hearings 

held and comments received on these proposals, in satisfaction of 

the federal sIP-processing regulations. We have also enclosed the 

administrative materials and technical support to satisfy the SIP 

submittal completeness criteria checklist. 

with regard to the 1990 baseline inventory for the 13-county 

ozone nonattainment area around Atlanta, we understand that this 

fixed level of emissions (adjusted as required) will be the base 

against which percent reduction requirements will be gauged to meet 

the Clean Air Act requirements concerning VOC controls. It is 

recognized that for SIP modelling and overall strategy development, 

this inventory may need updating to use improved calculation and 

projection methods (Mobile 5 and other improvements). We are 

committed to doing so for SIP development purposes. However, we 

understand that inventory updating for SIP strategy needs will not 

change the "fixed" 1990 adjusted baseline inventory, used for 

percent reduction requirements. 

The off-road mobile emissions shown in the 1990 inventory for 

Atlanta are those furnished to us recently by EPA (prepared by a 

contractor). Since we have not been given adequate information to 

understand the basis of this part of the inventory, we reserve the 

right (upon receipt of such information) to make some changes to 

it. It is not likely these would be significant. 
•
 
Georgia Department~ Natural Resources 

205 Butler Street, S.E., East FI~Yd·Tower, Atlanta, Georgia 30334 

Joe D. Tanner, Commissioner 

Harold F. Reheis, Director 

Environmental Protection Division 

November 13, 1992 

Mr. Greer Tidwell 

Regional Administrator 

u.s. Environmental Protection Agency 

""

,..: .....'. 

345 Courtland street, NE 

Atlanta, Georgia 30365 

Dear Mr. Tidwell: 

By copy of this letter, we are supplying to Winston Smith two 

copies of the various state regulations, SIP commitments and 

narratives regarding ozone SIP requirements for the Atlanta area 

due by November 15, 1992 to satisfy the Clean Air Act. We 

appreciate the helpful comments and reviews that Region IV has 

provided to our staff in the development of these regulations and 

operating program procedures. We look forward to continued close 

discussion and cooperation as other programs and further details 

need to be developed. 

It is our understanding that the material being submitted is 

satisfactory and approvable by EPA in meeting the Clean Air Act 

requirements at the current time. 

Although not required for EPA approval, Region IV has given us 

some comments as to preferences on certain program operating 

procedures. We will seriously consider those suggestions and work 

further with your staff on at least some of them. As required for 

EPA approval, as stated in Region IV's official comments for our 

pUblic hearing on these matters, we have added an SIP narrative for 

Stage II implementation dealing with public education, enforcement 

and training. with regard to the annual emissions statements from 

point sources of VOC and NOx in the Atlanta area, we already have 

adequate authority to require that the affected sources sign a 

certification statement when the data is submitted to us. This 

will be done. 

r 

Inspection and Maintenance ~hapter 391-3-10 

(2) Applicants must take a written 

examination covering the required training, and 

must receive a grade of at least 70 of a 

possible 100 to achieve a passing grade. 

(3) Each mechanic inspector shall obtain 

training on the specific analyzer the mechanic 

inspector is to use. Such training must be 

provided by an instructor representing the 

manufacturer of the specific analyzer. 

(4) A mechanic inspector shall 

demonstrate to the Department his or her 

ability to efficiently and correctly perform an 

emissions test using an emissions analyzer as 

specified in Chapter 391-3-10-.03 of these 

Rules. 

(5) 

least 18 

Authority, 

A 

ye

mechanic 

ars of age. 

O.C.G.A. § 

inspector 

12-9-40, 

shall 

et 

be 

seq., 

at 

as 

amended. 

Rule 391-3-10-.08 Calibration Gas 

Requirements. 

(1) Calibration gases shall be a triblend of propane, carbon monoxide, and carbon 

dioxide using nitrogen as a balance gas. 

(2) The concentration of calibration 

gases shall be 600 ppm propane, 1.6% CO, and 

11% CO2 in nitrogen, ± 2% accuracy ± a blend. 

(3) All standard gases purchased by the 

owner or operator of a participating inspection 

station for use in the analyzer must conform to 

the requirements established in 1984 by the 

California BAR for Test Analyzer System 

Calibration Gases (October 16, 1984). These 

requirements include the testing and 

certification of the concentration, accuracy, 

Chapter 391-3-10 Inspection and Maintenance 

(d) An exhaust probe and adaptor/extender 

for vehicle exhaust configurations that prevent 

probe insertion to the required depth; 

(e) One-fourth inch (~") punch, scraper 

and black pen; 

(f) License frame 8"x10"; 

(g) Locking metal box affixed to analyzer 

for inspection forms; 

(h) Industrial grade electrical cord of 

not more than 25 feet in length; 

(i) A dedicated electrical power source 

for analyzer; 

(j) Emission Control System Application 

Guide Manual; 

(k) A sufficient amount of printer 

supplies (ink cartridge, ribbon) to ensure 

proper legible documents; and 

(1) Telephone. 

Authority, O.C.G.A. 

amended. 

§ 12-9-40, et seq., as 

Rule 391-3-10-.07 

Mechanic Inspectors. 

Qualifications for 

(1) Mechanic inspectors shall attend 

State approved training courses on the 

following sUbjects: 

(a) The "Georgia Motor Vehicle Emission 

Inspection and Maintenance Act." 

(b) The Department of Natural Resources 

Rules promulgated under such Act. 

Inspection and Maintenance 'Chapter 391-3-10 

with the inspector's exhaust analyzer and with 

a calibrated analyzer owned by the Department. 

(b) Determine if regulations regarding 

vehicle inspections have been violated; 

(c) Determine if the vehicle meets the 

requirements for passing the vehicle 

inspection. If the vehicle does meet the 

requirements, an inspection certificate and 

sticker shall be issued to the owner; 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

391-3-10-.06 Emission Inspection 

stations. Amended. 

(1) Emission inspection stations shall be 

located within the territorial boundaries of 

Cobb, DeKalb, Fulton and Gwinnett counties of 

the state of Georgia. 

(2) The inspection station shall employ 

at least one approved mechanic inspector. 

(3) The emission inspection stations 

shall have the following minimum equipment and 

supplies: 

(a) An infrared exhaust gas analyzer 

approved by the Director; 

(b) A sufficient quantity of calibration 

gases to enable the necessary calibration of 

test equipment to be performed; 

(c) One gas calibration kit including a 

gauge to measure calibration gas pressure in 

pounds per square inch (PSI); 

Chapter 391-3-10 Inspection and Maintenance 

returned to idle and tested again to determine 

passing or failing. 

(i) In the case of a vehicle with dual 

exhausts, both exhaust pipes shall be tested 

and averaged for each test phase. 

(j) The printed entries on the 

certificate of Emission Inspection shall be 

verified by the mechanic inspector. The 

mechanic inspector shall sign the Certificate 

of Emission Inspection. Errors by the mechanic 

inspector shall require a retest at no charge 

to the vehicle owner. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

Rule 391-3-10-.05 Referee Procedures. 

Should disputes arise between vehicle 

emission inspectors and owners concerning test 

procedures, inspection equipment accuracy, or 

test requirements, and if such disputes cannot 

be resolved between the inspector and the 

owner; the owner may request that a station 

Inspector confer with the owner and the 

inspector at the inspection station. All 

determinations made by the Station Inspector 

shall be considered final. In resolving the 

dispute the Station Inspector shall: 

(a) Determine if the inspector's emission 

analyzer is accurately measuring the 

hydrocarbon and carbon monoxide exhaust 

emissions of the owner's vehicle by: 

1. Checking the calibration of the 

exhaust analyzer, or; 

2. Measuring the hydrocarbon and carbon 

monoxide exhaust concentrations simultaneously 

Inspection and Maintenance 'Chapter 391-3-10 

(e) In accordance with the analyzer 

display prompts, the mechanic inspector shall 

enter the necessary vehicle information into 

the analyzer. It is the responsibility of the 

mechanic inspector, as part of the inspection 

procedure, to obtain and verify the necessary 

vehicle information from the vehicle being 

inspected. However, the responsibility of 

obtaining vehicle information from a vehicle to 

be inspected may be delegated to an employee of 

the inspection station, provided, that it is 

still the responsibility of the mechanic 

inspector to verify and insure the accuracy of 

the vehicle information obtained by the 

employee before entering such information into 

the analyzer. Under no circumstance shall a 

person who is not a mechanic inspector or 

employee of the inspection station be required 

or allowed to obtain or verify the vehicle 

information to be entered into the analyzer. 

(f) The probe shall be inserted 8 to 12 

inches into the exhaust pipe, using an exhaust 

adaptor/extender, if necessary. 

(g) The tachometer lead shall be 

connected to the appropriate pickup point. 

(h) The analyzer display prompts shall be 

followed to start the test procedure which 

includes: 

1. Initial idle test. Vehicle shall be 

at normal idling and operating temperature. If 

this test shows compliance with applicable 

emission standards no further testing is 

required. 

2. If vehicle fails the initial idle 

test, the engine rpm shall be increased to 2500 

± 200 rpm for 30 seconds. The engine shall be 

Chapter 391-3-10 Inspection and Maintenance 

391-3-10-.03, analyzers which fail to perform 

in accordance with specifications required by 

Rule 391-3-10-.03, or analyzers which fail to 

receive manufacturer's repair service within 

two business days after vendor notification, 

may be prohibited for use in Georgia's Vehicle 

Emissions Program. 

Authority, D.C.G.A. § 12-9-40, et seq., as 

amended. 

Rule 391-3-10-.04 Emission Control 

Inspection Procedures. Amended. 

Procedures for performing an emission 

inspection shall be as follows: 

(a) The analyzer shall be turned ON at 

the beginning of each inspection day and 

allowed to complete the warm-up period prior to 

any test functions. 

(b) The analyzer shall be checked to 

insure that it is in calibration and that the 

zero and span requirements have been met. 

(c) Each vehicle shall be visually 

inspected to insure that the emission control 

devices are in place and that the devices show 

no evidence of being disabled. The devices to 

be inspected are: 

1. Catalytic converter; 

2. Air injection system or air pump; and 

3. Fuel filler neck restrictor. 

(d) After the visual inspection, the 

analyzer display prompts, which direct the 

keyboard entry to be made throughout the 

inspection procedures, shall be followed. 

Inspection and Maintenance Chapter 391-3-10 

(6) Conditions of compliance with the 

above emission standards include the 

requirement that the RPM measured at low idle 

speed shall not exceed the following: 

(a) Vehicles with more than 4 cylinders-­

1200 RPM; or 

(b) Vehicles with equal to or less than 4 

cylinders--1600 RPM; and 

(c) Any measured values above these 

stated values shall be an invalid test and so 

stated. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

Rule 391-3-10-.03 Emission Analyzer 

specifications. 

All analyzers used to perform hydrocarbon 

and/or carbon monoxide vehicle emission tests 

as part of an official state inspection shall 

conform to the following minimum requirements. 

(a) General Requirements and Performance 

Specifications. 

1. Analyzer specifications other than 

those defined in this section shall meet the 

minimum requirements of the "Specifications for 

Vehicle Gas Analyzer Systems for Use in the 

Georgia Vehicle Emissions 

Inspection/Maintenance Program (August 1987)." 

2. Analyzers shall utilize a cassette 

tape data storage medium compatible with 

existing Georgia Department of Public Safety 

data processing equipment. 

3. Analyzers which fail to meet the 

minimum specifications required by Rule 

Chapter 391-3-10 Inspection' and Maintenance 

TABLE 1 

Exhaust Emission SLandards 

Carbon Monoxide 

(CO), Percent 

Hydrocarbons 

(HC). PPM 

1972 to 

1975 to 

1980 

1981 and later 

1974, incluaive 

1979, incluaive 

6.0 

4.0 

2.S 

1.2 

600 

400 

2S0 

220 

·PPM-palU per million (volume/volume). 

(2) Conditions of compliance with the 

above emission standards include the 

requirement that all federally required 

emission control devices are installed and 

properly operating in accordance with emission 

control specifications of the motor vehicle 

manufacturer. 

(3) Conditions of compliance with the 

above emission standards include the 

requirement that the sum of CO + CO2 levels will 

be measured and the results show at least the 

following values: 

(a) Vehicles equipped with air 

injection--4%i or 

(b) Vehicles without air injection--6%. 

(4) In cases where the "model year" of 

the engine is different from the body, the 

"model year" of the body shall be considered 

the model year of the vehicle. 

(5) In the case of kit cars where the 

body is placed on a chassis/engine of different 

"model year", the model year of the engine 

shall be considered the "model year" of the 

vehicle. 

Inspection and Maintenance ~hapter 391-3-10 

(m) "Mechanic Inspector" means a person 

approved and issued a license by the Department 

to perform the emission inspections required by 

the Act. 

(n) "Owner" means the registered owner or 

the individual presenting the responsible motor 

vehicle for the emission inspection required 

under the Act. 

(0) "Owner of Station" means the 

individual, partnership, firm, corporation, 

association, municipality, governmental agency, 

or lessee having control of the daily operation 

of the station and having responsibility for 

the emission inspections. 

(p) "State Inspection" means the annual 

vehicle exhaust emission inspections as 

required by the Act. 

(q) "station Inspector" means a person 

designated by the Implementing Authority to 

supervise the operation of emission inspection 

stations, to enforce the inspection laws, these 

rules and regulations, and to perform any 

related duties. 

Authority, O.C.G.A. § 12-9-40, et seq., as 

amended. 

Rule 391-3-10-.02 Emission standards. 

Amended. 

(1) Carbon Monoxide and Hydrocarbon 

Emissions in Idle Mode. Any motor vehicle 

which is sUbject to the Act and these Rules 

must not emit carbon monoxide (CO) and/or 

hydrocarbons (HC) in its exhaust emissions in 

excess of standards set forth in Table 1 when 

measured with an approved exhaust gas analyzer 

and by the approved test procedure. 

Chapter 391-3-10 Inspection and Maintenance 

(f) "Emissions Analyzer" means a device 

for measuring the concentration of certain 

exhaust gases emitted by a motor vehicle. 

(g) "Emissions Test" means the 

determination of the concentration of specified 

gases in a vehicle's exhaust. 

(h) "Fleet Station" means an 

establishment whether owned by a person, firm, 

association, corporation, municipality, or 

governmental agency, operating a minimum of 

fifteen (15) vehicles being registered, leased 

or inventoried to such fleet stations subject 

to emission inspection, and licensed as a 

periodic motor vehicle inspection station. 

(i) "Implementing Authority" means the 

Department of Public Safety which, pursuant to 

O.C.G.A. section 12-9-46 and a contract 

executed July 17, 1992, between the Board of 

Natural Resources and the Department of Public 

Safety, has contracted to perform certain 

services for the Board of Natural Resources in 

implementing the inspection and maintenance 

program. 

(j) "Gas Calibration" means the 

calibration of an emission analyzer by the 

use of a manufactured calibration gas. 

(k) "Gas Calibration Kits" means the 

attachments and sUbsidiary equipment, necessary 

for a gas calibration. 

(1) "Kit Car" means a motor vehicle which 

lacks the original manufacturer's 

identification due to having the original body 

replaced with a body of a different make and/or 

style including bodies made of fiberglass or 

plastic materials. 

......
 .. 

Inspection and Maintenance Chapter 391-3-10 

Chapter 391-3-10-0.25 entitled "Inspection and 

Maintenance" is hereby amended by striking 

Chapter 391-3-10-0.25 in its entirety and 

substituting in lieu thereof a new Chapter 

391-3-10 entitled "Inspection and Maintenance" 

to read as follows: 

Rule 391-3-10-.01 Definitions. Amended. 

The following terms as used in these rules 

shall have the meaning hereinafter respectively 

ascribed, except that to the extent terms are 

not defined in these rules, the Act' s 

definitions control; and provided that 

definitions within any subsequent rule or 

subdivision thereof, which are expressly made 

applicable to the rule or subdivision within 

which they appear, shall apply for purposes of 

such specific ru~e or subdivision thereof. 

(a) "Act" means O.C.G.A. § 12-9-40 et 

seq., as amended, "The Georgia Motor Vehicle 

Emission Inspection and Maintenance Act. 

(b) "Calibration" means the process of 

establishing or verifying the response curve of 

the emissions analyzer using the applicable 

calibration gases. 

(c) "Certification of Emission 

Inspection" means a serially numbered form 

indicating that a motor vehicle has met the 

emissions inspection requirements as 

established by Chapter 391-3-10-.02 and 

391-3-10-.04 of these Rules. 

(d) "Department" means the Department of 

Natural Resources. 

(e) "Director" means the Director of the 

Environmental Protection Division of the 

Department of Natural Resources. 

<yyl Nitrogen Oxide Emissions from Major Sources 

1. No oerson shall cause. let . permit. suffer or allow the 

emissions of nitrogen oxides from any source to exceed 50 tons per 

year unless such source has been approved by the Director as 

meeting the appropriate requirement for all reasonably available 

control technology in controlling those nitrogen oxide emissions. 

2. The requirements contained in this subsection shall apply to 

all such sources located in those counties of Cherokee. Clayton. 

Cobb. Coweta, DeKalb. Douglas. Fayette. Forsyth. Fulton. Gwinnett. 

Henry. Paulding and Rockdale. 

3. All existing sources of nitroqen oxide emissions sUbject to 

this subsection shall comply with the following compliance 

schedule: 

<il A demonstration of appropriate reasonablv available control 

technology for controlling NOx emissions from the source must be 

submitted to the Division no later than september I. 1993. 

(iil A final control plan and application for a permit to 

construct for the installation of nitrogen oxide emission control 

systems and/or modifications of process or fuel-burning equipment 

must be submitted to the Division no later than February I. 1994. 

<iii) On-site construction of emission control systems and/or 

modification of process or fuel-burning equipment must be completed 

by May 31, 1995 . 

(iv) Full compliance with the applicable requirements of this 

subsection must be demonstrated through approved methods and 

procedures before July 31. 1995. 

4. The requirements contained in this subsection shall not 

apply to individual equipment at the source which emits nitrogen 

oxides in quantities less than a de minimis level of one ton per 

year or to air pollution control devices which are installed to 

effect compliance with any requirement of this Chapter 391-3-1. 

'>~';J';""'~"""'~'.' .. T/ .' ~.

./ ./ 

,;.Y .' 

Rule 391-3-1-.02, section (2) thereof, relating to "Emission 

Standards" is hereby amended by adding a new subsection (2) (yy) to 

read as follows: 

(yy) Nitrogen Oxide Emissions from Major Sources 

1. No person shall cause. let. permit. suffer or allow the 

emissions of nitrogen oxides from any source to exceed 50 tons per 

year unless such source has been approved by the Director as 

meeting the appropriate requirement for all reasonably available 

control technology in controlling those nitrogen oxide emissions. 

2. The requirements contained in this subsection shall apply to 

all such sources located in those counties of Cherokee. Clayton. 

Cobb. Coweta. DeKalb. Douqlas, Fayette. Forsyth. Fulton. Gwinnett. 

Henry. Paulding and Rockdale. 

3. All existing sources of nitroaen oxide emissions subject to 

this subsection shall comply with the following compliance 

schedule: 

(i) A demonstration of appropriate reasonablv available control 

technology for controlling NOx emissions from the source must be 

submitted to the Division no later than September I. 1993. 

(ii) A final control plan and application for a permit to 

construct for the installation of nitroqen oxide emission control 

systems and/or modifications of process or fuel-burning equipment 

must be submitted to the Division no later than February I. 1994. 

(iii) On-site construction of emission control systems and/or 

modification of process or fuel-burning equipment must be completed 

by May 31. 1995. 

(iv) Full compliance with the applicable reauirements of this 

subsection must be demonstrated through approved methods and 

procedures before July 31. 1995. 

4. The requirements contained in this subsection shall not 

apply to individual equipment at the source which emits nitrogen 

oxides in quantities less than a de minimis level of one ton per 

year or to air pollution control devices which are installed to 

effect compliance with any requirement of this Chapter 391-3-1. 

Rule 391-3-1-.02, Section (2) thereof, relating to "Emission 

Standards" is hereby amended by adding to such section a new 

subsection (zz) relating to "Gasoline Dispensing Facility--Stage 

II," to read as follows: 

-9­

Georgia Environmental Protection Division will then review this 

submittal and determine whether or not the RACT demonstration 

proposal is adequate to justify the RACT recommendation and whether 

or not the recommended RACT level is proper. This will be 

accomplished by reviewing the list of alternate control techniques 

evaluated to ensure that all reasonable available and demonstrated 

control techniques were considered, by reviewing the cost analyses 

for reasonableness, by independently contacting other state air 

pollution control agencies and the u.s. EPA to determine what level 

of control is required or suggested at similar sources in other 

areas, and by comparing the source's recommendation to other 

similar sources in Georgia. If an initial source proposal is 

determined lacking, the Division will negotiate with the source. 

If necessary, a permit specifying the Division's jUdgement 

(unilaterally) would be issued. 

An air quality permit will be issued to include sufficient 

enforceable c9nditions to specify the required level or type of 

control, averaging time, and recordkeeping, reporting and testing 

requirements. Where EPA - recommended emission test procedures are 

applicable they would normally be required. The averaging time for 

the allowable emission will follow minimum EPA requirements for 

identifiable and enforceable emissions that relate to ozone 

formation (normally daily or no more than monthly, depending on 

source operation). 

neT tor "Major" Nit:roqen oxide Sources 

Georgia. proposes to adopt Rule 391-3-1-.02 (2) (yy) to require 

reasonably available control technology (RACT) for all 50 tons per 

year nitrogen oxide sources. Georgia proposes to revise its SIP to 

incorporate this Rule. A copy is attached. 

Proposed Rule 391-3-1-.02(2) (yy) requires (RACT) , but differs from 

Georgia's other nitrogen oxide Rule 391-3-1-.02 (2) (d) in that there 

is not a specific numerical limit or reduction required. Rule 391­

3-1-.02(2) (d) specifies allowable emission limits per million BTU, 

for fuel burning equipment qreater than 250 million BTU per hour. 

Proposed Rule 391-3-1-.02(2)(yy) does not contain such numerical 

limits due to the diversity of nitrogen oxide source categories to 

which this Rule applies. For example, this Rule will regulate 

large utility boilers, portland cement kilns, industrial dryers, 

industrial boilers, and other groupings of fuel burning equipment. 

Georgia will require each source emitting 50 tons or greater per 

year of nitrogen oxides in the Atlanta ozone nonattainment area to 

investigate all reasonably available emission reduction methods 

which have been demonstrated on identical or similar type of NOx 

emitting equipment and propose what it considers to be RACT. This 

will require each source to: 

•	 Fully describe the applicable emission points and basis 

for estimating current emissions. 

•	 List the emission rates and possible source emission 

points available for emission reductions. 

•	 List alternative nitrogen oxide control techniques such 

as burner modifications, process modifications, add-on 

control devices, etc. This listing would also detail the 

amount of nitrogen oxide reduction achievable with each 

alternative. 

•	 List costs of the alternative control techniques. 

Initial cost as well as cost effectiveness (cost of 

control per ton of emission reduction) would be included. 

•	 Where applicable, list regulatory requirements in other 

states in which the source or similar sources may have 

operating facilities SUbject to NOx RACT requirements. 

•	 Recommend the level of control considered to be RACT. 

•	 List costs of the above possible control techniques. Initial 

cost as well as cost effectiveness (cost of control per ton 

of emission reduction) would be included. 

•	 Where applicable, list regulatory requirements in other 

states in which the source or similar sources may have 

operating facilities sUbject to RACT requirements. 

•	 Recommend the level of control to be determined to be RACT. 

Georgia Environmental Protection Division will then review this 

submittal and determine whether or not the RACT demonstration 

proposal is adequate to justify the RACT recommendation and whether 

or not the recommended RACT level is proper. This will be 

accomplished by reviewing the list of alternate control techniques 

evaluated to ensure that all possibilities were considered, by 

reviewing the cost analysis for reasonableness, by independently 

contacting other state air pollution control agencies and the u.s. 

EPA to determine what level of control is required or suggested at 

similar sources in other areas, and by comparing the source's 

recommendation to other similar sources in Georgia. If an initial 

source proposal is determined lacking, the Division will negotiate 

with the source. If necessary, a permit specifying the Division's 

judgement (unilaterally) would be issued. 

An air quality permit will be issued to include sufficient 

enforceable conditions to specify the required level or type of 

control, averaging time, and recordkeeping, reporting and testing 

requirements. Typical recordkeeping requirements are detailed in 

existing Rule 391-3-1-.02(6) (a)3. Where EPA-recommended emission 

test procedures are applicable they would normally be required. 

The averaging time for the allowable emission will follow minimum 

EPA requirements for identifiable and enforceable emissions that 

relate to ozone formation (normally daily or no more than monthly, 

depending on source operation) . 
•
 
RACT for "Major" VOC Sources 

Georgia adopted Rule 391-3-1-.02(2) (tt) in May 1985 to require RACT 

for all 100 tons per year VOC sources. This RUle was revised in 

October 1987 to require RACT for all 25 tons per year VOC sources. 

Compliance with this Rule was required by January 1, 1990. Georgia 

proposes to revise its SIP to incorporate this Rule. The Rule will 

be revised to incorporate the entire 13-county Atlanta 

nonattainment area. A copy is attached. 

Rule 391-3-1-.02(2) (tt) requires Reasonably Available Control 

Technology (RACT), but differs from Georgia's other VOC rules in 

that there is not a specific numerical limit or reduction required. 

The other rules typically specify allowable VOC contents in inks or 

coatings, required reduction efficiencies for add-on control 

equipment, or work practices or procedures to be used. These rules 

were adopted based on EPA's Control Technique Guidelines (CTG's), 

which were developed after researching different types of VOC 

emitting categories and determining what RACT was for each 

category. 

Rule 391-3-1-.02(2) (tt) does not contain such specific limits due 

to the diversity of VOC source categories to which this Rule 

applies. For example, this Rule has been applied to offset 

printing, wood furniture surface coating, plastic parts surface 

coating, bakeries, paint manufacturing plants, expandable 

polystyrene foam production plants, oil recycling operations, and 

non-CTG coating and other operations at can manufacturing and 

automobile assembly plants. 

Georgia proposes to continue implementing Rule 391-3-1-.02(2) (tt) 

as it has in the past. Georgia will require each source emitting 

over 25 tons per year of VOC's in the Atlanta ozone nonattainment 

area to investigate all possible emission reduction methods and 

propose what it considers to be RACT. This will require each 

source to: 

•	 Fully describe the applicable emission points and basis for 

estimating current emissions. 

•	 List the emission rates and possible source emission points 

available for emission reductions. 

•	 List alternative VOC control techniques such as alternative 

coatings or raw materials, process modifications, add-on 

control devices such as thermal incineration, catalytic 

incineration, condensation, or carbon adsorption, or changes 

in work practices (fugitive VOC control techniques). This 

listing would also detail the amount of VOC reduction 

achievable with each alternative. 
·

­
._<.
 

TECHNICAL SUPPORT FOR NOVEMBER 13, 1992 PROPOSED SIP REVISION 

1.	 The proposed SIP primarily regulates VOC and NOx emissions for 

the Atlanta ozone nonattainment area. However, parts of the 

New Source Review rule changes and the Small Business 

Assistance Program will deal with all other regulated 

pollutants across the State. 

2.	 The proposed SIP regulates the 13 county Atlanta ozone 

nonattainment area. Except for a lead nonattainment area in 

Muscogee County, the rest of the State is attainment for all 

other criteria pollutants. 

3.	 The proposed SIP includes emission limitation rules and 

requirements mandated by the 1990 Clean Air Act Amendments. 

Since this proposed SIP does not include an attainment plan, 

specific emission reductions have not been estimated. 

4.	 The NAAQS, PSD increments, RFP demonstration and visibility 

will be"protected if this plan is approved and implemented, 

since the proposed SIP requires stricter limits. 

5.	 No modeling was required for this proposed SIP. 

6.	 The emission limits in the proposed SIP have been developed 

from EPA guidance, which requires continuous emission 

reduction technology. 

7.	 The existing SIP contains specific work practice standards and 

recordkeeping/reporting requirements to ensure compliance with 

emission limits. 

8.	 Enforcement will be carried out in accordance with the 

Georgia/EPA Air Enforcement Agreement. 

9.	 No special economic or technological justifications are 

required for this proposed SIP. 

ADMINISTRATIVE MATERIALS FOR NOVEMBER 13, 1992 PROPOSED SIP 

REVISION 

1.	 The cover letter transmitting this proposed SIP revision is 

the formal letter of submittal. 

2.	 Enclosed as evidence that Georgia has adopted the plan in the 

State regulations are: 

November 2, 1992 Certification of Administration rules 

filed with the Secretary of State, Chapter 391-3-1, Air 

Quality Control, and Chapter 391-3-10, Inspection and 

Maintenance 

August 27, 1992 Certification of Administrative Rules 

filed with the Secretary of State, Chapter 391-3-1, Air 

Quality Control 

3.	 Enclosed is a copy of the Georgia Air Quality Act, which 

contains the necessary authority to adopt the plan (12-9-5; 

12-9-6). 

4.	 copies of the actual Air Quality Control and Inspection and 

Maintenance Regulations filed August 27, 1992 and November 2, 

1992 are enclosed with Item No.2. Also enclosed as part of 

this proposed plan submittal are: 

. /.:. RACT for "Major"Nitrogen Oxide Sources 

RACT	 FOR "Major" VOC Sources 

Georgia Small Business Stationary Source Technical and 

Environmental Compliance Assistance Program State 

Implementation Plan Revision 

The 1990 Baseline Ozone Inventory 

Georgia Enhanced Vehicle Inspection & Maintenance (I&M) 

Program State Implementation Plan Committal 

stage II Gasoline Vapor Control State Implementation Plan 

Revision 

5.	 Enclosed as evidence that Georgia followed all the procedural 

requirements in adopting this proposed plan are: 

Copy	 of the Rules for Administrative Procedures 

July	 12, 1992 and September 20, 1992 Public Notices 

July 15, 1992 and September 25, 1992 letters to 

Legislative Counsel 

Mr. Greer Tidwell 

Page 3 

November 13, 1992 

We look forward to prompt review and approval by EPA of these 

submittals. If you or your staff desire detailed explanations or 

interpretations of any point, please do not hesitate to contact Bob 

Collom of the Air Protection Branch. 

Sincerely, 

~W~~J,~,\ Harold F. Reheis 

Director 

HFR:njj 

cc:	 Winston smith (w/enclosures) 

Bob Collom 

Mr. Greer Tidwell 

Page 2 

November 13, 1992 

The committal schedule for development of the enhanced vehicle 

emission testing program in Atlanta includes timeframes which EPA 

indicated were needed to gain EPA's acceptance of that commitment. 

We will work diligently to meet the various actions and time 

deadlines. If matters beyond our control create any delays, we 

will inform Region IV and work out the best possible new schedule. 

It appears this may be needed because we understand some EPA 

interpretations and the final requirements issued by EPA on 

November 5 may have already changed from the dates Region IV had 

initially indicated as needed. The bottom line is that we will do 

what is actually needed as soon as it is practical to do properly. 

Although the public hearing notice did not specifically highlight 

or mention the I&M committal schedule, it was covered in that 

notice in referring to ozone SIP requirements, was available for 

public review 30 days before the hearing and was discussed during 

that hearing. I understand that EPA will be able to accept this 

schedule either as a letter commitment (which we are hereby making) 

or as an SIP revision, assuming you conclude that the required SIP 

notice and review requirements have been satisfied. 

Enclosed with the SIP package are certifications that the 

required pUblic notices in the newspapers were provided, hearings 

held and comments received on these proposals, in satisfaction of 

the federal SIP-processing regulations. We have also enclosed the 

administrative materials and technical support to satisfy the SIP 

submittal completeness criteria checklist. 

with regard to the 1990 baseline inventory for the 13-county 

ozone nonattainment area around Atlanta, we understand that this 

fixed level of emissions (adjusted as required) will be the base 

against which percent reduction requirements will be gauged to meet 

the Clean Air Act requirements concerning VOC controls. It is 

recognized that for SIP modelling and overall strategy development, 

this inventory may need updating to use improved calculation and 

projection methods (Mobile 5 and other improvements). We are 

committed to doing so for SIP development purposes. However, we 

understand that inventory updating for SIP strategy needs will not 

change the "fixed" 1990 adjusted baseline inventory, used for 

percent reduction requirements. 

The off-road mobile emissions shown in the 1990 inventory for 

Atlanta are those furnished to us recently by EPA (prepared by a 

contractor). since we have not been given adequate information to 

understand the basis of this part of the inventory, we reserve the 

right (upon receipt of such information) to make some changes to 

it. It is not likely these would be significant. 

..
 Georgia Departmt -f Natu!'31 Resourc 

205 Butler Street, S.E., East ._ tJ Tower, Atlant2, Geory;;j 303:.:­

Jo" D. Tann~r ::;ommission6 

Harold F. Reheis, Director 

) Environmental Protection Divisi.Jn 

November 13, 1992 

Mr. Greer Tidwell 

Regional Administrator 

u.s. Environmental Protection Agency 

345 Courtland street, NE 

Atlanta, Georgia 30365 

Dear Mr. Tidwell: 

By copy of this letter, we are supplying to Winston Smith two 

copies of the various state regulations, SIP commitments and 

narratives regarding ozone SIP requirements for the Atlanta area 

due by November 15, 1992 to satisfy the Clean Air Act. We 

appreciate the helpful comments and reviews that Region IV has 

provided to our staff in the development of these regulations and 

operating program procedures. We look forward to continued close 

discussion and cooperation as other programs and further details 

need to be developed. 

It is our understanding that the material being submitted is 

satisfactory and approvable by EPA in meeting the Clean Air Act 

requirements at the current time. 

Although not required for EPA approval, Region IV has given us 

some comments as to preferences on certain program operating 

procedures. We will seriously consider those suggestions and work 

further with your staff on at least some of them. As required for 

EPA approval, as stated in Region IV's official comments for our 

public hearing on these matters, we have added an SIP narrative for 

stage II implementation dealing with p~blic education, enforcement 

and training. with regard to the annual emissions statements from 

point sources of VOC and NOx in the Atlanta area, we already have 

adequate authority to require that the affected sources sign a 

certification statement when the data is submitted to us. This 

will be done. 

'•.