## ·

# .

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 subparagraphsection, "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 1ike 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 inother sUbparagraphssections ofthis 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 tojustifytheRACT recommendation andwhether or not the recommended RACT level is proper. This wi11 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) inMay 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. Compliancewith this Rule was required byJanuary 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 allowableVOC 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 SIPprimarilyregulates VOC andNOx 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 existingSIP contains specificworkpractice standards and recordkeeping/reportingrequirementstoensurecompliancewith 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 inthis 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) Ademonstration of appropriatereasonably available control technology for controlling NOx emissions from the source must be submitted to the Division no later than September 1, 1993. (ii) 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 equipmentmust 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 tojustifythe 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, byreviewing the cost analyses for reasonableness, by independently contacting other state air pollution control agencies andtheU.S. EPA todeterminewhat 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

- recommendedemissiontestprocedures are applicable theywould normallyberequired. 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).

### neTfor "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 othernitrogenoxideRule 391-3-1-.02(2)(d) inthatthere is not a specific numerical limit or reductionrequired. 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 listingwould 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) wouldbe 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 GasolineVapor Control State ImplementationPlan Revision
5. Enclosed as evidence that Georgia followed all the procedural requirements in adopting this proposed plan are: Copyof the Rules for Administrative Procedures July12, 1992 and September 20, 1992 Public Notices July 15, 1992 and September 25, 1992 letters to Legislative CounselMr. 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 nothesitate to contact Bob Collom of the Air Protection Branch. sincerely,

# ~CVv'&~~'\ Harold F. Reheis Director HFR:njj cc: Winston smith (wjenclosures) Bob CollomMr. Greer Tidwell Page 2 November 13, 1992

The cornrnittal schedule for developmentof the enhancedvehicle 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 herebymaking) 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 whichpercent reduction requirementswill be gauged to meet the Clean Air Act requirements concerning VOC controls. It is recognizedthat for SIP modellingand overall strategydevelopment, 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 ButlerStreet,S.E., East FloydTower,Atlanta, Georgia30334 Joe D.Tanner.Commissioner HaroldF. Reheis,Director EnvironmentalProtectionDivision

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 IVhas 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 publichearing 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.'""'" ".

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 subparagraphsection, "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 1ike 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 requirementscontained inother 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 CollomMr. Greer Tidwell Page 2 November 13, 1992

The committal schedule for developmentof 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 (Whichwe are herebymaking) 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 againstwhich percentreduction requirementswill be gauged tomeet the Clean Air Act requirements concerning VOC controls. It is recognizedthat for SIPmodellingand overall strategydevelopment, 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 ----=---...:..._---, ',.

205ButlerStreet,S.E., East ydTower,Atlanta,Georgia30334

• Joe D.Tanner,Commissioner HaroldF. 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. Althoughnot required for EPA approval, Region IVhas givenus 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 publichearing onthese 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 GasolineVaporControl State ImplementationPlan Revision 5. Enclosed as evidence that Georgia followed all the procedural requirements in adopting this proposed plan are: Copyof the Rules for Administrative Procedures July12, 1992 and September 20, 1992 Public Notices July 15, 1992 and September 25, 1992 letters to Legislative CounselThe 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 

### 11Mregulations guidance, the stateof Georgia is seeking conditional approval of the 

### 11MSIP 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, includingmandatory 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 CleanAirAct Amendmentsrequires 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 classifiedunder the 1990 CleanAirActAmendments as serious and includes an urbanized area with population of 200,000 or more, an enhanced vehicle inspection and maintenance programmust 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 theChapter 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 theInspection 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) 0f 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 thepartyrequesting 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 ImplementingAuthority, 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 agencymay 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 asChapter 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 orInspection 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 appea1 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) Atitle 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 sUbject 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 Certificateof 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 byChapter 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 certificateInspection 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 motortion sticker vehicle thatis 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 

### EmissionInspectionSticker Location. The Mechanic Inspector, immediately after the vehicle passes an emission inspection, shall place the emission inspection sticker inChapter 391-3-10 Inspectionand 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 VehicleReturningto 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

asChapter 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 systemequipment, 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 sUbject to approval by the Implementing Authority. The wording on the sign shall include: "state Approved Emission Inspection station", (minimumChapter 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 orInspection 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) Afterdesignation 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 withthe 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 compliancewith the requirements of this Rule if done within 90 days of the expiration of the preceding certificate. If such compliance is not accomplished within theInspection 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 charged1, 19 by 92, eacha 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 ImplementingAuthority 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); andInspection 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 inspectionof 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 asChapter 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 orInspection 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) Atitle 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 sUbject 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 certificateof 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 byChapter 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) TheMechanic 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 certificateInspection 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 affixedto 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 motortion sticker vehicle thatis 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 EmissionInspectionsticker Location. The Mechanic Inspector, immediately after the vehicle passes an emission inspection, shall place the emission inspection sticker inChapter 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 VehicleReturning 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

asChapter 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 ownerChapter 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:

NANCYJ.JOHNS NaIIrYPlMc,GwInnettCOUnty,Georgia MyCCIIm1iIIIanExpnsMay23. 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:

NANCYJ.JOHNS NaeIryNIIo.GMnMttCounty,Geora1a

..,Colli'1.lIaw.ExpIr-.May23.1998· 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, EastTower, 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 IIGasolineVapor Control State ImplementationPlan Revision
5. Enclosed as evidence that Georgia followed all the procedural requirements in adopting this proposed plan are: Copyof the Rules for Administrative Procedures July12, 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 requestthat localtelevision stationsshowthePublicService 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.

4rendered 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 acquireexperience inthedevelopment of stage II controls, includingevaluationof 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.

3391-3-1-.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 thatthe facilities be sUbjectto 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 systemswill bethoroughly inspectedbythe 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 gasolinepermonth; 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 Facilitiesthat 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 October28, 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 etAir 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, sulfurdioxide, 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-seamSpray" means a coating sprayed on the exterior and interior of a welded, cemented or solder seam toprotect 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" ishereby 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 eitherthe 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 inpounds

### 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; orChapter 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 andovervarnish) 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 amendedRule 391-3-1-.02 shall complywith 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 productquality 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 otherVeC-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 suchmaterials 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 shallwillfully, negligently orthrough failure toprovide 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 orwhichunreasonably interfereswith 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 countieswhosepotential 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 (jjj) 

### "VolatileOrganic 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 whichparticipates inatmosphericphotochemical 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 ButlerStreet, S.E., Suite 1252,Atlanta, Georgia 30334 Joe D. Tanner. Commissioner JohnC. 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
DearMr. 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
EnclosuresDEPARTMENT 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)--Addedthisruletorequireverificationforms to be issued by certain county tag registration offices and the Implementing Authority.3. Two membersselected bythe upper house ofthe State Legislature who are owners, or who represent owners, of small business stationary sources (one membereach by the majority and minority leadership); and
4. One memberselected bytheChiefoftheAirProtection Branch.
VI. STATE IMPLEMENTATION
A. TheAirProtectionBranch hasrequested EPAgrantassistanceforitsSBAP during FY-92forapersontobegintheimplementationoftheSBAP.
B. TheAirProtectionBranchhasrequested FY-94statefundsforthehiringof Environmental Specialists, office equipment, and motorvehicles. These fundsareexpectedtobe madeavailableJuly 1, 1993. Thiswouldenable the SBAPto be developed and functional by no laterthan November 15, 1994.
C. The members of the Small Business Compliance Advisory Panel will be appointed bytheendof 1992. TheAdvisoryPanelwillbefunctional byno laterthanJuly 1, 1993.
D. The initial Georgia AirQualityControl Rules regarding permitfeesadopted bytheBoardofNatural Resourcesdonotrequirethatsmallbusinessespay feesfortheirairqualitypermitsatthepresenttime. Thesepermitfeerules are expectedtochangeatsomefuturetime.
E. SIP Revision ScheduleSummary:
Action Required Date

1. Enabling Legislation
- July1,1992 2. SBAPofficedesignation

- July1,1992 3. SBAPestablishment

- July 1,1992 4. Small BusinessOmbudsmanestablishment

- July 1, 1992 5. SBAPComplianceAdvisory Panel appointment

- December 15, 1992 6. Advisory Panel functional

- July 1, 1993 7. SBAP Rulesadopted
- July 1, 1993 8. SBAPofficefunding--Initial Requests

- FY-93 Requested
- FY-94 9. SBAPfunctional
- November 15, 1994

-7­3. The SBAP will provide small businesses with schedules of specific requirementsoftheCAA. Thesescheduleswillbe developed bythe Air Protection Compliance Program. The SBAPwill require thatthe schedules meetthe requirementsoftheCAA. The SBAPwill notify small businessesoftheseschedulesduringtheearlydevelopmentof theschedules.
F. Developproceduresforconsideringrequestsfromsmallbusinessstationary sources for modifications of work practices or technological methods of complianceorcompliance procedures. Onceanewormodified regulation reachesthefirstdraftstage,thesedraftregulationswillbe mailedtosmall businesses and to EPA. The ombudsman may hold meetings with the interested parties to discuss the regulations and the impact of these regulationsontheirbusinesses. Apublichearingwillbeheldinordertoget publiccommentfrom interestedparties. Should regulationsrequirefurther change,themodifiedregulationsrequireanother30dayreviewperiod prior toadoption bythe DepartmentofNatural Resources Board.
V. ASmallBusinessComplianceAdvisoryPanelwascreatedbytheamendedGeorgia AirQualityAct.
A. Thedutiesofthe Panel areto:
1. RenderadvisoryopinionsconcerningtheeffectivenessoftheProgram, difficultiesencountered, and degreeand severityofenforcement;
2. MakeperiodicreportstotheAdministratoroftheEPAconcerningthe compliance ofthe Program withthe requirements ofthe Paperwork ReductionAct,theregulatory FlexibilityAct,andthe Equalaccessto JusticeAct;
3. Review information for small business stationary sourcesto assure such informationis understandable bythelayperson; and
4. Havethe Program serve as the secretariatforthe developmentand disseminationofsuch reportsand advisoryopinions.
B. Theseven memberPanel shallconsistof:
1. Two members, selected bythe Governor, who are not owners, or representatives of owners of small business stationary sources, to representthegeneral public;
2. Two membersselected bythelowerhouse ofthe State Legislature who are owners, or who represent owners, of small business stationary sources (one member each by the majority and minority leadership);

-6­4. Accidental Release Prevention and Detection--TheSBAPwillconsult withtheappropriate EPAofficesforinformationregarding accidental releasepreventionanddetection. Thebasicinformationwillcoverfour areas:

a. Requirements under the accidental release provisions of the CAAA.
b. Related requirementsunderSARATitleIII.

c. TheOSHAprocesssafetystandardas required bytheCAAA.
d. General informationon prevention practicesandtechnologies.
C. ProvideassistancefordeterminingapplicablerequirementsundertheActfor permitissuance, including butnotlimitedtothefollowing:
1. Technical specialists to advise and assist small businesses in the interpretationofRulerequirementsandobtainingneededtechnicaland complianceassistanceinthe permitprocess.
2. Technicalspecialiststoexplainproceduressuchasfees(ifapplicable), wheretoapplyforapermit,thelengthoftimenecessarytoreceivea permit,theconsequences ofoperating in violation, finesand appeal procedures.
D. Providemechanismsfornotifyingsmallbusinessstationarysourcesoftheir responsibilitiesundertheActonatimelybasis,includingbutnotlimitedto, thefollowing: Smallbusinesseswillbenotifiedoftheirresponsibilitiesunder theCAAAwithsufficientleadtimetoevaluatetheapplicablerequirements, through mail-outs, using the established databases, and legal notices published in local newspapers.
E. Develop adequate mechanisms for informing small business stationary sourcesoftheirobligationsundertheAct,includingaprogramforreferring sourcestoqualifiedauditorsorforthe Stateto provide forsuchauditsto determinecompliancewiththeAct.
1. The SBAPdatabasewill be used toinform small businesses oftheir obligationsundertheCAAA.
2. TheSBAPmayestablishanauditprogramtoincludetechnicalauditors from the SBAP officeas resources allow, and a listing of qualified environmentalconsultantsthathave requestedtobe includedonthe listing. Any consultants will be hired and paid for by the small businesses.

-5­1. Proactive component--A small business database including names, addresses,typeandsizeofbusinesswillbedevelopedfromincluding, butnotlimitedto,thefollowing:

a. Georgia Department of Industry and Trade manufacturing directory.
b. Informationfromemissioninventorysurveyforms. Thedatabase is updated on a continuing basis through the permit system. Data are extracted from permit applications, plant inspections andthrough surveys. Thecomputer program SAMSand AIRS will be updatedaschangesin emissiondataoccur.
2. Provide information packets which describe in layman terms compliance and technical information relevant to a small business stationarysource'sobligation undertheAct.
3. MeetingsheldthroughouttheStatewithinterested parties.
4. Reactivecomponent--The SBAPwillprovidesmall businesstechnical assistancethroughthefollowing activities:

a. A trained technical specialist to handle inquiries from small businesses.
b. A technical specialist to interface with the Air Protection Branch'sengineering, permitting, and compliance programsfor needed information.

c. AninformationclearinghouseofinformationfromEPA'stechnical support services, other states' ombudsmen and professional organizations.
B. Provide assistance to small business stationary sources on pollution preventionandaccidentalreleasepreventionanddetectionincluding,butnot limitedto,thefollowing:
1. Pollution Prevention--The SBAP may develop pollution prevention trainingprograms,workshopsandtrainingseminars;andconductonsite pollution preventionopportunityassessments.
2. The SBAP maycoordinate pollution prevention with otherstateand EPAand NationalClearinghouses ofinformation;
3. The SBAPwillsetupalibraryofinformation on pollution prevention and makeavailabletosmall businesses.C. TheofficeoftheSmallBusinessOmbudsmanwillbefundedinitiallythrough EPA grants and the state budget throughout the development of the program. It is anticipated thatas permit requirements expand to include more categories of small sources, the possibilities of permit fees will be required. The funding ofthe Small BusinessAssistance Program maybe shifted to permit fees as the funding source. The SBAP will have the necessaryresourcesavailabletoconductbusiness.
D. Theombudsmanwillhavesufficientauthoritytoobtaindatafromotherstate agencies. The ombudsman will use existing channels for proposing legislationoradministrativeactionnecessarytoassistsmallbusiness. This channel includestheChiefoftheAirProtectionBranchandtheDirectorof 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. Todevelop,collect,coordinate,anddisseminateinformationtosmall businessstationarysourcesand facilities;
2. To provide assistance to small business stationary sources and facilities in understanding compliance requirements, permitting procedures, compliance methods and technologies, alternative technologies,allowablemodifications,methodsofpollutionprevention, accidental release prevention and detection, and other areas concerningtechnicaland environmental compliance;
3. To advise, consult, and cooperate with any private or public organizationsorpersons,including,butnotlimitedto,federalandstate agencies, political subdivisions ofthe 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. Aprogramforreferringsmallbusinessstationarysourcesandfacilities to qualified auditors who can determine whetherthe operation of a smallbusinessstationarysourceorfacilityisincompliancewithpermit requirements.
IV. THE SMALLBUSINESSASSISTANCE PROGRAM
TheSBAPwill be responsibleforthefollowing:
A. Develop, collect and coordinate information on compliance methods and controltechnologies.

-3­F. Section507(c)(3)(B)allowsStatesinconjunctionwiththeAdministratorof the Small Business Administration, and after providing notice and opportunity for public comment, to exclude from the small business stationary source definitionthose categories of small business stationary sourceswhichtheStatedeterminestohavesufficientfinancialandtechnical support to meet the requirements of the Clean Air Act without the applicationofSection507.
G. Section507(f)allowsStatestoreduceanyfeesrequiredundertheCleanAir Act for small business stationary sources by considering their available financial resources.
II. GEORGIA'S LEGALAUTHORITY
A. Georgia'sAirQualityAct,Section 12-9-25,providesfortheestablishment 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. TheGeorgialawdefinessmallbusinessstationarysourceandsmallbusiness advisory panel; delegates authority to the board of Natural Resourcesto establish rules, regulations, standards, policies and procedures for implementationoftheSBAPprogram;allowsforthemanager(ombudsman) to be delegated defined responsibilities; provides for the appointment of sevenadvisorypanelmembersanddefinestheadvisorypanelfunctions,and providesforfunding oftheSBAPofficeand SBAPadvisorypanel.
III. STATEOFFICE 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 primaryreasonsaretoutilizeavailableexperienceandtomaintainefficiency duringthedevelopmentoftheprogram.
B. The ombudsman will have access to the Governor's office as a liaison betweenthe interestsofsmall businesses and the interestsofthe state. Theombudsmanwill reportthroughtheChiefoftheAirProtection Branch tothe Director ofthe Environmental Protection whointurn reportstothe Governor. The Environmental Protection Division Director's and the Air Protection Branch Chief's support of the program is very important and strengthenstheSmall BusinessAssistance Program.

-2­

## ..

GEORGIA SMALLBUSINESSSTATIONARYSOURCETECHNICALAND ENVIRONMENTALCOMPLIANCEASSISTANCE PROGRAM STATE IMPLEMENTATION PLAN REVISION

I. INTRODUCTION
A. TitleV,Section507oftheCleanAirActAmendmentsof 1990(CAAA-90) providesforsmallbusinessestohaveaccesstothetechnicalandcompliance information necessaryto comply with the Clean Air Act. In addition to mandatedrequirementsthatthestatesmustmeet,Section507allowsState discretionincertainimplementationelementsofthe program.
B. States are required to establish the Small Business Stationary Source Technical and Environmental Compliance Assistance Program with three maincomponents,asfollow:
1. Designation of a State office to serve as Ombudsman for small businesses inconnectionwiththeimplementationofthe**CAAA~90.** 2. Theestablishmentofasmallbusinessassistanceprogram (SBAP)for providing technicaland complianceassistancetosmall businesses.
3. Thecreationofacomplianceadvisorypanelfordeterminingtheoverall effectivenessoftheSBAP.
C. State Implementation Plan revisions which incorporate this program are required to be submittedtothe Environmental ProtectionAgencyno later than November 15, 1992. This plan is required tocontain aschedulefor implementation ofthe program elements by no laterthan November 15, 1994.
D. Section 507(c) definesasmall business stationarysourceas astationary sourcethat:
1. Is owned or operated by a person that employs 100 or fewer individuals;
2. Isasmall businessconcernasdefined intheSmall BusinessAct;
3. Is not a major stationary source as defined in Titles I and III ofthe CleanAirAct;
4. Doesnotemit50tons/yearormoreofanyregulated pollutant; and
5. Emitslessthan 75tons/yearofall regulated pollutants.
E. Section507(c)allowsStatestoextendthedefinitionofeligiblesource,upon petition by the source and after public notice and opportunity for public comment,toincludesmall businessstationarysourceswhichdonotmeet thecriteriaasstatedin3,4or5above,butdonotemitmorethan 100tons peryearofall 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 tradejournals and newspaper articles by local media.

The Division will attempt to acquire Public Service Announcements from EPA and other appropriate sources, and requestthat localtelevision stations showthePublic 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.

4rendered 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 memberswill acquireexperience inthedevelopment of stage II controls, includingevaluationof 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.

3391-3-1-.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 thatthe facilities be subjectto 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 systemswill bethoroughly inspectedbythe 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

2STAGE 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 gasolinepermonth; 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 Facilitiesthat 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 October28, 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.

2Georgia 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/Mregulations 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 CleanAirAct 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 CleanAirActAmendments as Serious and includes an urbanized area with population of 200,000 or more, an enhanced vehicle inspection and maintenance programmust 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 theChapter 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 theInspection 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 ImplementingAuthority 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 emergencypower 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 inCherokee, 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 andRockdale. Rule 391-3-1-.02, subsection (2) (ww) thereof, relatingto "PerchloroethyleneDry 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 inthose 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 applicabilityof 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, "ReasonablyAvailable ControlTechnology" 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 meansChapter 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 intopackagingproducts 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 bymeans 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 andpictures to a substrate bymeans 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 exceedthe limits inparagraph 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 systemapprovedby 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; orAir 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, relatingto 

## "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 inpounds VOC per gallon of coating, excluding water, stated in paragraph 1. of this subsection; orAir 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, relatingto

## "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 newparagraphs 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 systemthat 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 coatingdeliveredto 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) "LargeAppliances" means doors, cases, lids, panels and interior support parts of residential and commercial washers, dryers, ranges, refrigerators, freezers, waterheaters, 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; orAir 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 LargeAppliance 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) ofmetal 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; orAir 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, relatingto "vec Emissions fromMetal 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 itsentirety 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 inthis 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 inwhich 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" ishereby 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; orInspection 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", (minimumChapter 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 additionaI 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" stationsmust 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 orInspection 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) Afterdesignation 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) Compliancewith theminimum 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 theInspection 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 charged1, 1992, by eacha 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 activitieswhichwould 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); andInspection 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) Foremission inspectionof 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 stationsmaymaintain 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 calibrationgases 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 correctlyperform 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~anic**



### 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 

### ± 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) Lockingmetal box affixedto 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 ifthe 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 simultaneouslyInspection 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 displayprompts 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 beChapter 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 withmore 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 RuleChapter 391-3-10 Inspection'and Maintenance

TABLE 1

ExhaustEmissionStandards

CarbonMonoxide Hydrocarbons (CO),Percent (HC),PPM

1972to 1974,inclulive 6.0 600 1975to 1979,inclulive 4.0 400 1980 2..5 2.50 1981andlater 1.2 220 ·PPM-pampermillion(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 presentingthe responsible motor vehicle for the emission inspection required under the Act. 

### (0) "Owner of station" means the individual, partnership, firm, corporation, association, municipality, governmentalagency, 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 sUbsidiaryequipment, 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 themeaning hereinafterrespectively 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 Departmentof 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 HearingsInspection 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 EmissionAnalyzerSpecifications 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 Authorizationi Same Appointment Inspectors Certificate of FailuretoRemit

of Mechanic Renewal of Mechanic Inspector Permit Official station on Military Installations• List costs of the abovepossible controltechniques. 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 tojustifythe 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 adoptedRule 391-3-1-.02(2)(tt) inMay 1985 torequire 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 byJanuary 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 specificnumerical 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 workpractices orprocedures 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, EastTower, 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 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 EmissionAnalyzerSpecifications 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 Failureto Remit

of Mechanic Renewal of Mechanic Inspector Permit Official station on Military Installations

# o50·13·4 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 1990amendment,effectiveJuly I, 1990,deleted"DepartmentofMedicalAssistance nor to the" preceding "Environmental Protection Division" near the be· ginningofparagraph(1)ofsubsection(g), deleted "Department of Medical Assistanceandtothe"preceding"Environmental Protection Division" near the end of paragraph (1) ofsubsection (g), and deleted "Department ofMedical Assistance ortothe"preceding"EnvironmentalProtectionDivision"inparagraph(2) ofsubsection (g).

JUDICIAL DECISIONS

Sectionmandatesfullconsiderationof allwrittenandoralsubmissions.Outdoor Adv.Ass'nv.DepartmentofTransp., 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)invalidatesanamendedrule.Outdoor Adv.Ass'nv.DepartmentofTransp., 186 Ga. App. 550, 367 S.E.2d 827, cert. denied, 186 Ga. App. 918, 367 S.E.2d 827 (1988).

Economicimpactonbusinesses.

- The mere fact thatmostoftheaffectedbusinesseshavelessthan 100employeesisnot asufficientreasontoconcludethatcompliance with paragraph (a) (3) (A-D) is not necessary. OutdoorAdv. Ass'n v. DepartmentofTransp., 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.

- Underthischaptertheadoption ofrulesrelatingtobenefitsbythestateor of an agency is expressly exempted by § 50-13-2(6)(1)fromthestrictrule-making procedural requirements of this section. Thisincludesthepromulgationofpolicies determiningeligibilityforentitlementand rulesforgrantingunemploymentbenefits. Caldwell v. Amoco Fabrics Co., 165 Ga. App. 674, 302 S.E.2d 596 (1983).

CitedinCullersv.HomeCreditCo., 130 Ga. App. 441, 203 S.E.2d 544 (1973); GeorgiaStateBd.ofDentalExmrs.v.Daniels, 137 Ga. App. 706, 224 S.E.2d 820 (1976);Statev.Strickman,173Ga.App. 1, 325S.E.2d775(1984);Brownv.StateBd. ofExmrs.ofPsychologists, 190Ga. App. 311, 378 S.E.2d 718 (1989).

OPINIONS OF THE ATTORNEY GENERAL

Rulesmustbeproperlyadoptedtobe validagainstpersonsorparties.

- Any rule,regulation,resolution,etc.,bywhatever name called, which falls under the definition of a "rule," as defined by § 50-13-2, must be adopted'pursuant to the procedureforadoptionofrules, i.e., this section and §§ 50-13-5 through 50-13-7,ifitistobevalidagainstanypersonorparty. Op. Att'y Gen. No. 71-158.

Agency pronouncements should be promulgatedinaccordancewithchapter.

- Those pronouncements by which an agencyseekstointerpretitsrulesandregulations by formulating explicit and detailedstandardswhichhavesubstantialimpactshouldbepromulgatedinaccordance withthischapter. 1976Op.Att'yGen.No. 76-78.

Effective date of emergency rules adopted by agency.
- Emergency rules adoptedbystateagenciesmaybemadeeffectivebytheagencyonthedateofadoption, ifthe agency so desires; all emergency rules should be accompanied by a statementfromtheagencyindicatingtheir effective date. 1975 Op. Att'y Gen. No. 75-123.

539

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# 1 50·13·4 STATE GOVERNMENT 50·13·4
houseforreview. Intheeventapresidingofficerisunavailableforthe purposeofmakingtheassignmentwithinthetimelimitations,thelegislativecounselshallassignthenoticetotheappropriatestandingcommittee.EachstandingcommitteeoftheSenateandtheHouseofRepresentativesisgrantedalltherightsprovidedforinterestedpersonsandgovernmentalsubdivisionsinparagraph(2) ofsubsection (a) ofthisCode section. (f) Intheeventastandingcommitteetowhichanoticeisassignedas providedin subsection (e) ofthis Code section files anobjection toa proposedrulepriortoitsadoptionandtheagencyadoptstheproposed ruleovertheobjection,therulemaybeconsideredbythebranchofthe GeneralAssemblywhosecommitteeobjectedtoitsadoptionbytheintroductionofaresolutionforthepurposeofoverridingtheruleatanytime withinthefirst30daysofthenextregularsessionoftheGeneralAssembly.Itshallbethedutyofanyagencywhichadoptsaproposedruleover suchobjectionsotonotifythepresidingofficersoftheSenateandthe HouseofRepresentatives,thechairmenoftheSenateandHousecommitteestowhichtherulewasreferred,andthelegislativecounselwithin tendaysaftertheadoptionoftherule. Intheeventtheresolutionis adoptedbysuchbranchoftheGeneralAssembly,itshallbeimmediately transmittedtotheotherbranchoftheGeneralAssembly.Itshallbethe dutyofthepresidingofficeroftheotherbranchoftheGeneralAssemblytohavesuchbranch,withinfivedaysafterthereceiptoftheresolution,toconsidertheresolutionforthepurposeofoverridingtherule.In theeventtheresolution is adoptedby two-thirdsofthevotesofeach branchoftheGeneralAssembly,theruleshallbevoidonthedayafter the adoption ofthe resolution by the second branch ofthe General Assembly.Intheeventtheresolutionisratifiedbylessthantwo-thirdsof thevotesofeitherbranch,theresolutionshallbesubmittedtotheGovernorforhisapprovalorveto. Intheeventofhisveto, theruleshall remainineffect.Intheeventofhisapproval,theruleshallbevoidon the day after the dateofhis approval. (g) (1) Subsection(f)ofthisCodesectionshallnotapplytotheEnvironmental Protection Division of the Department of Natural Resources,butparagraph(2) ofthissubsectionshallapplytotheEnvi50·13.4 1977,p. 152 § 50; Ga. L

The 1990amel 1990,deleted"De sistance nor to tl mental Protectior ginningofparagr deleted "Depann tanceandtothe"

"-.; Sectionmandat allwrittenandor, Adv,Ass'nv. Dep Ga. App. 550, 3( nied, 186 Ga. Ap (1988).

Failure to com (1)invalidatesan Adv,Ass'nv. Dep. Ga. App. 550, 36 nied. 186 Ga. Ap (1988).

Economicimpa mere fact thatme nesseshavelesstr. asufficientreasor ance with parag necessary. Outd' mentofTransp S.E.2d 827, cer 918, 367 S.E.2d

Rulesmustbe validagainstpel rule,regulation,
ever name callec**-:~~~** definition of a

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

.. sources. the procedurefc

,.. ,.;'

. ­

# 'I:···~·~··.';!·~··:··· this section ar

-r'**~-i~** (2) Intheeventthechairmanofanystandingcommitteetowhicha 50-13-7,ifitistc proposedrulerelativetotheEnvironmentalProtectionDivisionofthe 

# .<i: sonorparty. Or DepartmentofNaturalResourcesisassignednotifiestheagencythat Agency pron promulgatedin thecommitteeobjects to theadoptionoftherule orhas questions

- Those prone concerningthepurpose,nature,ornecessityoftherule,itshallbethe agencyseeks toi dutyoftheagencytoconsultwiththecommitteepriortotheadoption oftherule.(Ga.L. 1964,p.338,§4;Ga.L. 1965,p.283,§ 6;Ga. L.
538 

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# o;0·13-4 ADMINISTRATIVE PROCEDL'RE 50-13-4 ployeesorlessbyimplementingoneormoreofthefollowingactions whenit is legal andfeasible in meetingthe stated objectives ofthe statutes which are the basis ofthe proposed rule: (A) Establishdifferingcomplianceorreportingrequirementsor timetables for small businesses; (B) Clarify,consolidate,orsimplifythecomplianceandreporting requirements under the rule for small businesses; (C) Establishperformanceratherthandesignstandardsforsmall businesses; or (D) Exemptsmallbusinessesfromanyorallrequirementsofthe rules. (b) Ifany agencyfindsthatanimminentperilto thepublichealth, iafety,orwdf;-,re,includingbutnotlimitedto,summaryprocessessuch is quarantines, contrabands, seizures, and the like authorized by law ,vithoutnotice, requires adoptionofa ruleupon fewer than 30days' :1oticeandstatesinwritingitsreasonsforthatfinding,itmayproceed without prior notice or hearingor upon any abbreviated notice and hearingthat itfindspracticabletoadoptanemergencyrule.Therule maybeeffectiveforaperiodofnotlongerthan 120daysbuttheadoptionofanidenticalruleunderparagraphs(1)and(2)ofsubsection(a)of chis Code section is not precluded. (c) Itis the intentofthis Code section to establish basic minimum 3rocedural requirements for the adoption, amendment, or repeal of :tdministrativerules.Exceptforemergencyruleswhichareprovidedfor t I 

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# I I 

## I 

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I



# , f ;nsubsection(b)ofthisCodesection,theprovisionsofthisCodesection lreapplicabletotheexerciseofanyrule-makingauthorityconferredby lOystatute,butnothinginthisCodesectionrepealsordiminishesaddiLionalrequirementsimposedbylaw ordiminishesorrepealsanysum­

.

### i mary power granted by law to the state or any agency thereof. I' f: (d) NoruleadoptedafterApril3, 1978,shallbevalidunlessadopted inexactcompliancewithsubsections(a)and(e)ofthisCodesectionand in substantialcompliancewith the remainderofthis Code section. A

## ;~Ii

,**proceedin~** tocontestanyruleonthegroundofnoncompliancewiththe 

### r procedural requirements of this Code section must be commenced I: r within two years from the effective dateofthe rule.

. (e) Theagencyshalltransmitthreecopiesofthenoticeprovidedfor 10paragraph(1)ofsubsection(a)ofthisCodesectiontothelegislative counsel.Thecopiesshallbetransmittedatleast30dayspriortothedate oftheagency'sintendedaction.Withinthreedaysafterreceiptofthe copies,ifpossible,thelegislativecounselshallfurnishthepresidingofficersofeachhousewithacopyofthenotice,andthepresidingofficers shall assigll the notice to the appropriate standingcommitteeineach
537

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# .i 50-13-4 STATE GOVERNMENT 50-13-4
RESEARCH REFERENCES
Am.Jur.2d.

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

C.J.S.

- 73AC.j.S.,PublicAdministrative Lawand Procedure. §§ 89. 112, 113, 152.

V.L.A.

- Model State Administrative Procedure Act (V.L.A.) §§ 3-101-3-117. ALR.

- What constitutes preliminary draftsornotesprovidedbvorforstateor localgovernmentalagency,orintra-agency memorandums,exemptfromdisclosureor inspection under state freedom ofinformation acts. 26 ALR4th 639.

50-13-4.Proceduralrequirementsforadoption,amendment,orrepeal ofrules;emergencyrules;limitationonactiontocontestrule; legislative override. (a) Prior totheadoption, amendment, orrepealofanyrule, other thaninterpretiverulesorgeneralstatementsofpolicy,theagencyshall: (l) Giveatleast30days' noticeofitsintendedaction.Thenotice shallincludeanexactcopyoftheproposedrule. Itshallalsoinclude theexactdateonwhichtheagencyshallconsidertheadoptionofthe rule and shall include the time and place in orderthat interested personsmaypresenttheirviewsthereon.Thenoticeshallalsocontain acitationoftheauthoritypursuanttowhichtheruleisproposedfor adoptionand,iftheproposalisanamendmentorrepealofanexisting rule,theruleshallbeclearlyidentified.Thenoticeshallbemailedto allpersonswhohaverequestedinwritingthattheybeplacedupona mailinglistwhichshallbemaintainedbytheagencyforadvancenotice ofitsrule-makingproceedingsandwhohavetenderedtheactualcost ofsuch mailing as from time to time estimated by the agency; (2) Affordtoallinterestedpersonsreasonableopportunitytosubmit data, views, orarguments, orally orin writing. In thecase of substantive rules, opportunity for oral hearing must be granted if requestedby25personswhowillbedirectlyaffectedbytheproposed rule,byagovernmentalsubdivision,orbyanassociationhavingnot lessthan25members.Theagencyshallconsiderfully allwrittenand oral submissionsrespectingtheproposedrule. Upon adoption ofa rule,theagency,ifrequestedtodosobyaninterestedpersoneither prior toadoptionorwithin 30daysthereafter, shall issue aconcise statementoftheprincipalreasons for andagainstits adoption and incorporatethereinitsreasonforoverrulingtheconsiderationurged againstits adoption; and (3) Intheformulationandadoptionofanyrulewhichwillhavean economicimpactonbusinessesinthestate,reducetheeconomicimpactoftheruleonsmallbusinesseswhichareindependentlyowned andoperated,arenotdominantintheirfield, andemploy 100em

### 536 50-13·4 ployeesorIe when it is Ie statutes whic (A) Esta timetables (B) Clar reqUlreme (C) Esta businesses:

. (D) Exel rules. (b) Ifanya§ safety,orwelf;-, as quarantines, withoutnotice. noticeandstat, without prior hearingthatit maybeeffectiv tionofanident this Code sec (c) Itis the procedural re administrative insubsection( areapplicable anystatute,bu tionalrequirer mary power g (d) Norule inexactcompl in substantial proceedingto procedural re within two ye, (e) Theage inparagraph counsel.Thec oftheagencY' copies,ifpossi cersofeachh shall assign trI

# o 'II 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. Adoptionofrulesoforgani­ zation and practice; public inspection and validitv of rules, policies, orders, deci­ sions, and opinions. Proceduralrequirementsfor adoption, amendment, or repeal of rules; emergency rules;limitationonactionto contestrule;legislativeover­ ride. Filingofpreviouslyadopted rules. Rules noteffective until 20 days after filed with Secre­ tary of State; exceptions; rulesgoverningmannerand form offiling. SecretaryofStatetopublish compilation of rules and monthly bulletin. Judicial noticeofrules. Petition for promulgation, amendment, or repeal of rule; agency response. Declaratoryjudgmentonva­ lidityofrules;venueforac­ tions. Declaratoryrulingsbyagen­ cies. Department of Revenue to hold hearing when de-

Crossreferences.

- Monthlymeetings ofcountyboardsofeducation, § 20-2-58. Administrative procedurebefore Department of Human Resources and county boardsofhealth,§ 31-5-1etseq.ConductingofhearingsbyCommissionerofInsurance,§ 33-2-17etseq.Administrativeproceedings before Department of Human Resources and county boards of health pursuanttoenforcementofmentalhealth laws, § 37-1-50etseq. 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 ofremedies. 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; conductinghearings by uti­ lizing remote telephonic communications. Proposalfordecisionincon­ tested cases; opportunity to file exceptions and present briefs and arguments. Initialdecisionsincontested cases; review ofinitial deci­ sions;finaldecisionsandor­ ders; Public Service Com­ mission exceptions. Procedure upon grant, de­ nial, renewal, revocation, suspension, annulment, or withdrawal oflicenses. Judicial review ofcontested cases. Review offinaljudgment. Compliance with filing and hearing requirements by Safety Fire Commissioner andCommissionerofInsur­ ance. Construction ofchapter.

tax administration and equalization, § 48-5-260 et seq.

Lawreviews.

- ForsurvevofEleventh Circuitdecisionscoveringlaw'applicableto administrativeagencies, see 35 Mercer L. Rev. 1029(1984).Forannualsurveyofadministrativelaw,see36MercerL.Rev.393 (1984).Forarticlesurveyingrecentdevelopmentsinadministrativelaw,see37Mercer L. Rev. 503 (1985). Forarticle, "The OfficeofLegislativeCounsel,"see 23 Ga. ...H. o.J admlnl: 17 (19K velopm

k Chap of cit)· (BZA), agenCle

....
, law. La 631, 3; "'!: State 

## ., ""**.-1~** emedb demote 

### J dation ment 0 

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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 qualitypermits which will be issued to businesses sUbject to these rules, including small businesses. These permits willconsolidateallcomplianceandreportingrequirements. TheDivisionwill notrequire anyroutinereportingthat is notnecessarytocomplywith stateor 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 smallbusinesses

- The federal CleanAirAct Amendments of 1990 

### require the Division to adopt these VOC rules. Only businesses that emit VOC's in quantities less thanthe applicability levels intherulesmay be exempted.

RCM:lr

## Georgia**Departmer/~of** 

## Natural Resources
205 ButlerStreet,S.E., East FloydTower,Atlanta,Georgia 30334 Joe D.Tenner, Commissioner Herold F. Reheil,Director EnviroM1entel ProtectionDivision 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 GeorgiaMotor 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

.. FloydTowers 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 inthe 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 TheDivision isproposingchanges to itsAir QualityRules in order to meet the recent changes in the Georgia Motor Vehicle Emission Inspection andMaintenance 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 repairwaiver cost increasesandhearingproceduresthatenableDPS to continue the program with minimum changes.

### Memorandum Page 3 October 20, 1992



### c. Performanceratherthandesign standards for smallbusiness 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 otherexemptions 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 proposingchanges to its Air QualityRules in order to meet the recent changes in the Georgia Air Quality Act which establisheda small business assistanceprogram as required by the Clean Air Act Amendments of 1990. 

### Therulechanges includeaddeddefinitions, delegationofduties 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 thandesign 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 Programhasbeenprovidedto assist smallbusinesses inmeetingthe air quality rules and regulations. This program will place requirements ontheAir ProtectionBranch in itsefforts toprovide assistanceto smallbusinesses, notplacenewrequirements 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 eitherpollutant, 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 regardingthe economic impacton small businesses, the Divisionhas 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' ofNatural Resources
205 ButlerStreet,S.E., East Floyd Tower,Atlanta, Georgia 30334 JoeO. 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. Establishingdifferentrequirements orreportingrequirements 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 abovepossible 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 justifythe 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 adoptedRule 391-3-1-.02(2)(tt) inMay 1985 torequire 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 byJanuary 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 otherrules typically specify allowableVOC 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.,

# .

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 anypoint, please do not hesitate to contactBob 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

Thecommittal schedule for development ofthe enhancedvehicle 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 (whichwe are herebymaking) 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 againstwhichpercentreductionrequirements will be gauged tomeet the Clean Air Act requirements concerning VOC controls. It is recognizedthat for SIPmodelling and overall strategydevelopment, 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 ButlerStreet,S.E., East

### FI~Yd·Tower, Atlanta,Georgia30334 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 IVhas givenus 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 pUblichearing onthese matters, we have added an SIP narrative for Stage II implementation dealingwith 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.

rInspection 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 affixedto 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 ifthe 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 simultaneouslyInspection 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 displayprompts 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 beChapter 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) Vehicleswithmore 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 minimumrequirements 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 RuleChapter 391-3-10 Inspection'and Maintenance

TABLE 1

ExhaustEmissionSLandards

CarbonMonoxide (CO), Percent Hydrocarbons (HC).PPM

1972to 1975to 1980 1981andlater 1974,incluaive 1979,incluaive 6.0 4.0 2.S 1.2 600 400 2S0 220 ·PPM-palUpermillion(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 performthe emission inspections requiredby the Act. (n) "Owner" means theregistered owner or the individual presentingtheresponsiblemotor vehicle for the emission inspection required under the Act. (0) 

### "Owner of Station" means the individual, partnership, firm, corporation, association, municipality, governmentalagency, or lessee having control of thedaily 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 enforcethe 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 sUbsidiaryequipment, 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 shallhave themeaninghereinafter 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" meanstheDepartmentof 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 inthis 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 Ademonstration of appropriatereasonablv 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 equipmentmustbe 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. Therequirements contained inthis 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) Ademonstration of appropriatereasonablv 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 ofprocess or fuel-burning equipmentmustbe 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:

-9­Georgia Environmental Protection Division will then review this submittal and determine whether or not the RACT demonstration proposal is adequate tojustifythe RACT recommendation andwhether 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 pollutioncontrol agencies andthe u.s. EPA to determinewhat 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

- recommendedemissiontestprocedures are applicabletheywould normally berequired. 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 nitrogenoxide sources. Georgiaproposes torevise itsSIPto incorporate this Rule. Acopy is attached. Proposed Rule 391-3-1-.02(2)(yy) 

### requires (RACT), butdiffers from Georgia'sothernitrogenoxideRule 391-3-1-.02(2)

### (d) inthatthere is nota specificnumerical limitorreductionrequired. Rule 391­ 3-1-.02(2)

### (d) specifies allowableemission limitspermillion 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 othergroupings of fuel burning equipment. Georgia will require each source emitting 50 tons or greater per year of nitrogen oxides intheAtlanta 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 proposewhat 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 controldevices, etc. This listingwouldalsodetail 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 controlpertonofemissionreduction) wouldbe 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 abovepossible 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 tojustifythe 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) inMay 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. Compliancewith 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 specificnumerical limit or reduction required. The other rules typically specify allowableVOC contents in inks or coatings, required reduction efficiencies for add-on control equipment, or work practices orprocedures 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.

# ·

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# ._<.

TECHNICAL SUPPORT FOR NOVEMBER 13, 1992 PROPOSED SIP REVISION



### 1. Theproposed SIPprimarilyregulatesVOC andNOx 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 SIPcontains specificworkpractice standards and recordkeeping/reportingrequirementstoensurecompliancewith 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 GasolineVapor Control StateImplementationPlan Revision
5. Enclosed as evidence that Georgia followed all the procedural requirements in adopting this proposed plan are: Copyof the Rules for Administrative Procedures July12, 1992 and September 20, 1992 Public Notices July 15, 1992 and September 25, 1992 letters to Legislative CounselMr. 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 CollomMr. Greer Tidwell Page 2 November 13, 1992

Thecommittal schedulefor development of theenhancedvehicle 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 (whichwe areherebymaking) 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 againstwhichpercentreduction requirements will be gauged tomeet the Clean Air Act requirements concerning VOC controls. It is recognizedthat for SIPmodelling and overall strategydevelopment, 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 

## -fNatu!'31 Resourc
205ButlerStreet,S.E., East ._tJTower,Atlant2, Geory;;j303:.:­ Jo"D.**Tann~r** ::;ommission6 HaroldF. 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 notrequired for EPA approval, Region IVhas givenus 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 dealingwith**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.

'•.