Georgia: EPD Proposes Amendments of Definitions in the Rules for Air Quality Control

In a notice dated May 27, 2022, the Georgia Environmental Protection Division (“EPD”) proposed amendments and adoptions to the Rules for Air Quality Control, Chapter 391-3-1. EPD proposes to amend provisions of six rules in this Chapter to be consistent with the federal standards. The Director of EPD certifies that the amendments to rule 391-3-1-.02 are required to comply with Sections 110(a), 111(c)(1), and 112(l) of the Federal Clean Air Act and to exercise authority approved and/or delegated by the U.S. Environmental Protection Agency to implement Section 110 of the Federal Clean Air Act.

 

Rule 391-3-1-.02(5), “Open Burning,” is being revised to clarify the exemption for leaves by changing “leaves” to “leaf piles” and adding “yard debris” and “hand-piled natural vegetation” to the exemption. This will make EPD’s rule consistent with the permitting requirements in the Georgia Forest Fire Protection Act, Section 12-6-90. This rule is also being revised to remove Catoosa, Jackson, and Spalding counties from the current list of counties subject to year-round open burning restrictions and return to the previous list of counties which can be defined as counties with a population exceeding 65,000 as of the 2010 Census. To provide the public an opportunity to comment upon and provide input into the proposed Air Rule Amendments, a public hearing will be held at 2:00 p.m. on June 30, 2022. EPD will be hosting this public hearing via Zoom. The proposed Air Rule Amendments will be considered for adoption by the Board of Natural Resources at its meeting at 9:00 a.m. on Tuesday, August 23, 2022. The meeting will be open to the public and held at the Charlie Elliott Wildlife Center Banquet Room – Dining Hall located at 543 Elliott Trail, Mansfield, GA 30055.

 

Subparagraph (b), “Sulfur Dioxide,” of Rule 391-3-1-.02(4), “Ambient Air Standards,” is being revised to remove the 1971 annual and 24-hour ambient air quality primary standards for sulfur dioxide (SO2) because the federal revocation of these standards was effective on April 30, 2022. Rule 391-3-1-.02(4)(b) will be submitted as a SIP revision to EPA. Rule 391-3-1-.02(8), “New Source Performance Standards,” is being revised to adopt the Federal Performance Standards into the Georgia Rules by reference to ensure consistency between the State and Federal programs. Rule 391-3-1-.02(9), “Emission Standards for Hazardous Air Pollutants,” is being revised to adopt the Federal Emission Standards into the Georgia Rules by reference to ensure consistency between the State and Federal programs. To provide the public an opportunity to comment upon and provide input into the proposed Air Rule Amendments, a public hearing will be held at 11:00 a.m. on June 30, 2022. EPD will be hosting this public hearing via Zoom. The proposed Air Rule Amendments will be considered for adoption by the Board of Natural Resources at its meeting at 9:00 a.m. on Tuesday, August 23, 2022. The meeting will be open to the public and held at the Charlie Elliott Wildlife Center Banquet Room – Dining Hall located at 543 Elliott Trail, Mansfield, GA 30055.

 

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