Summary of Interagency Working Comments on Draft Language under 

EO12866/13563 Interagency Review. Subject to Further Policy Review.

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Environmental Protection Agency (EPA): Proposed Rule 

Protection of Visibility: Amendments to Requirements for State Plans 

RIN 2060-AS55 

Reviewer recommends adding the language below that is in red: 

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C. Air Permitting 

One part of the visibility protection program, 40 CFR §51.307, New Source Review , was 

created in 1980 with the rationale that while most new sources that may impair visibility were 

already subject to review under the Prevention of Significant Deterioration (PSD) provisions 

(Part C of Title I of the CAA), additional regulations would “ensure that certain sources exempt 

from the PSD regulations because of geographic criteria will be adequately reviewed for their 

potential impact on visibility in the mandatory Class I Federal area.” 45 FR 80084 (December 2, 

1980). The EPA explained at proposal that this was necessary because the PSD regulations did 

not call for the review of major emitting facilities (or major modifications) located in 

nonattainment areas,1

 and that it was appropriate to “clarify certain procedural relationships 

between the FLM and the state in the review of new source impacts on visibility in Federal class 

 

1

 In 1978, PSD rules were put in place that required permitting agencies to interact with FLMs 

and for air quality related values (AQRVs) to be taken into consideration in the PSD permitting 

process. 43 FR 26380 (June 19, 1978). Those PSD rules did not cover sources in nonattainment 

areas, and while there were EPA rules for nonattainment new source review in existence, they 

did not require consideration of Class I areas. In 1979, 40 CFR part 51, appendix S established 

rules for nonattainment permitting, but they did not (and still do not) require consideration of 

visibility or FLM notification. (The same is also true of a more recent addition, 40 CFR 51.165. 

Where applicable to nonattainment areas, this rule does not require Class I reviews. While 40 

CFR 51.165(b) requires that sources located in attainment areas cannot cause or contribute to a 

NAAQS violation anywhere, this does not cover AQRVs in Class I areas.) As a result, in 1980, 

the EPA added requirements to 40 CFR 51.307 for notification of FLMs of pending permits for 

new sources in nonattainment areas. 
Summary of Interagency Working Comments on Draft Language under 

EO12866/13563 Interagency Review. Subject to Further Policy Review.

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I areas.” 45 FR 34765 (May 22, 1980). The EPA envisioned that state and FLM consultation 

would commence with the state notifying the FLM of a potential new source, and that 

consultation would continue throughout the permitting process. We are proposing to revise 

§51.307 as needed to maintain consistency with revisions to other sections of 40 CFR part 50 

subpart P. We are also asking for public comment on clarifications to enhance coordination 

between the New Source Review and the Regional Haze Programs. 

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H. Consistency Revisions Related to Permitting of New and Modified Major Sources 

Proposed changes to §51.307, New Source Review, involve a few proposed changes to 

maintain consistency with other sections of the Regional Haze Rule and with the CAA. The first 

change involves §51.307(b)(1) concerning integral vistas, for which we are proposing deletion of 

obsolete language regarding the now-expired identification period for integral vistas. Instead, the 

newly proposed addition of a listing of integral vistas in §51.304(b) will be referenced. In section 

§51.307(b)(2), the deletion of a reference to specific sections of the CAA is proposed in order to 

remove unnecessary language, as the EPA believes a reference simply to section “107(d)(1)” is 

sufficient. 

EPA is also requesting public comment on additional clarifications to this section to enhance 

coordination between the New Source Review and the Regional Haze Programs. Specifically we 

are considering changes to ensure that permit authorities: 

1) Account for significant visibility impacts that can result from anthropogenic emissions 

transported hundreds of kilometers (beyond 100 km); 
Summary of Interagency Working Comments on Draft Language under 

EO12866/13563 Interagency Review. Subject to Further Policy Review.

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2) Provide specific, complete, and timely information to Federal Land Managers to facilitate 

meaningful consultation on New Source Review; and 

3) Address a source’s emissions to be consistent with making reasonable progress toward 

the national visibility goal referred to in section 51.300 (a), such that the full visibility 

impact of the source, post modification, may be considered.