Georgia Dumps Old Smog Rules: Clean Air Victory Lap
Published Date: 10/8/2026
Rule
Summary
The EPA is giving a thumbs-up to Georgia’s plan to drop old air pollution rules that no longer fit because the state meets clean air standards. This means businesses in Georgia won’t need special permits for new pollution sources tied to those outdated rules, starting November 9, 2026. It’s a win for smoother operations without extra costs, since no areas in Georgia currently struggle with air quality limits.
Analyzed Economic Effects
4 provisions identified: 2 benefits, 1 costs, 1 mixed.
Nonattainment NSR Removed From Georgia SIP
If you run or plan a stationary source in Georgia, the State Implementation Plan (SIP) will no longer include Nonattainment New Source Review (NNSR) permitting requirements as of November 9, 2026. The EPA approved Georgia's June 27, 2024 SIP revision removing NNSR because there are no areas in Georgia designated nonattainment for any National Ambient Air Quality Standards (NAAQS).
Major Source Permitting Shift to PSD Program
Because no areas in Georgia are designated nonattainment, new major source and major modification permitting in attainment areas will be governed by the Prevention of Significant Deterioration (PSD) program rather than NNSR after this SIP revision, effective November 9, 2026. The EPA notes Georgia's SIP-approved PSD regulations at Rule 391-3-1-.02(7) will continue to apply and include prohibitions on construction or modification that would cause or contribute to a NAAQS violation.
Emission Reduction Credits Language Removed
Georgia's SIP revisions remove wording that allows for or refers to the use of Emission Reduction Credits (ERCs); the State-effective date for the revised rules incorporated into the SIP is June 19, 2023, and EPA approval is effective November 9, 2026. The EPA incorporated the revised Rule 391-3-1-.03(13) (Emission Reduction Credits) into the SIP as part of this action.
Existing NNSR Permits and Offsets Stay Enforceable
If you already have an NNSR permit in Georgia, the permit conditions and any associated emissions offsets issued under those permits will remain in effect after the SIP removes NNSR. The EPA explicitly states that conditions issued pursuant to existing NNSR permits and associated offsets will continue to apply after removal.
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