On October 8, 2026, the U.S. Environmental Protection Agency (EPA) published the final rule approving a revision to Georgia’s State Implementation Plan (SIP) that removes nonattainment new source review (NNSR) permitting requirements and certain emission reduction credit (ERC) provisions from the Georgia Rules for Air Quality Control, Chapter 391-3-1. Georgia Environmental Protection Division (EPD) adopted the underlying rule changes at the state level in 2023 and submitted the SIP revision to EPA on June 27, 2024. EPA’s approval becomes effective November 9, 2026, at which point the federally enforceable SIP will match the state rules already in place.
Background
NNSR is the Clean Air Act preconstruction permitting program for new major stationary sources and major modifications located in areas that do not meet a National Ambient Air Quality Standard (NAAQS). Compared to Prevention of Significant Deterioration (PSD) permitting, which applies in attainment and unclassifiable areas, NNSR requires projects to meet the Lowest Achievable Emission Rate (LAER) and to obtain emission offsets for the nonattainment pollutant and its precursors.
For much of the past three decades, metro Atlanta was designated nonattainment for ozone under the 1-hour, 1997 8-hour, 2008 8-hour, and 2015 8-hour ozone standards. As a result, major projects in the metro counties were subject to NNSR for nitrogen oxides (NOx) and volatile organic compounds (VOC). Effective November 16, 2022, EPA redesignated the Atlanta 2015 8-hour ozone area to attainment and approved Georgia’s maintenance plan for the seven-county area (Bartow, Clayton, Cobb, DeKalb, Fulton, Gwinnett, and Henry Counties). With that action, no area of Georgia is currently designated nonattainment for any NAAQS, and the state’s NNSR provisions no longer apply anywhere in Georgia.
What Changed in the Georgia SIP
EPA approved changes to the following Georgia rules:
- Rule 391-3-1-.03(8), Permit Requirements: removes the permitting requirements related to nonattainment areas, including NNSR, along with other minor changes.
- Rule 391-3-1-.03(13), Emission Reduction Credits: removes wording that allows for or refers to the use of ERCs and makes other minor updates.
- Rule 391-3-1-.03(6)(j), Construction Permit Exemption for Pollution Control Projects: removes the cross-reference to the NNSR requirements in Rule 391-3-1-.03(8)(c).
- Rule 391-3-1-.02(2)(nnn), NOx Emissions from Large Stationary Gas Turbines: removes outdated provisions that no longer apply to any source in the state and cross-references to rules previously removed from the SIP.
- Rule 391-3-1-.02(1), General Requirement: non-substantive formatting and title corrections.
EPA did not act on several other items included in Georgia’s June 2024 submittal, including changes to Rules 391-3-1-.02(6)(a) and 391-3-1-.03(11)(b)7. Those items are not part of this action.
What This Means for Georgia Facilities
For most facilities, this action formalizes how permitting in metro Atlanta has worked since the 2022 redesignation. Key takeaways include:
- New major sources and major modifications anywhere in Georgia are reviewed under PSD (Rule 391-3-1-.02(7), which incorporates 40 CFR 52.21), rather than NNSR. PSD requires Best Available Control Technology (BACT) and an air quality analysis demonstrating that the project will not cause or contribute to a NAAQS violation but does not require LAER or emission offsets.
- Existing NNSR permits are not automatically changed. EPA notes that NNSR is a prospective program, so conditions issued under previous NNSR permits, along with any associated emission offsets, remain in effect. Facilities wishing to revisit NNSR-based permit conditions (for example, LAER limits or synthetic minor limits taken to avoid NNSR) will need to work through EPD’s permitting process, and any changes must still be evaluated under current PSD and minor source requirements.
- Facilities holding banked ERCs should review how the revised Rule 391-3-1-.03(13) affects the future use and value of those credits.
- Gas turbine operators subject to Rule 391-3-1-.02(2)(nnn) should confirm that permit conditions referencing the removed provisions are still accurate.
Facilities should also keep an eye on Atlanta’s ozone air quality. Comments submitted on the proposed rule noted that 2024 ozone design values at monitors in Fulton and Henry Counties exceeded the 2015 ozone NAAQS of 0.070 parts per million (ppm). EPA responded that a violation in a maintenance area triggers the contingency measures in Georgia’s maintenance plan rather than automatically reinstating NNSR. However, if an area of Georgia is designated or redesignated nonattainment in the future, Georgia would need to re-establish NNSR requirements for that area. Petitions for judicial review of EPA’s action may be filed through December 7, 2026. The full record is available in docket EPA-R04-OAR-2024-0626.
How Trinity Can Help
Planning a new project or expansion in Georgia? Trinity Consultants can assist with PSD applicability and netting analyses, BACT evaluations, air dispersion modeling, review of legacy NNSR permit conditions and ERCs, and permit applications to Georgia EPD. Reach out to Trinity’s Atlanta office at 678.441.9977 or contact Chris Pool.
