### Summary of Interagency Working Comments on Draft La nguage under

EO12866/13563 Interagency Review. Subject to Furth er Policy Review.

Environmental Protection Agency (EPA): Proposed Rul e
Protection of Visibility: Amendments to Requirement s for State Plans

RIN 2060-AS55

Reviewer recommends the modifications provided belo w:

§51.307 New source review.

(a) For purposes of new source review of any new m ajor stationary source or major modification that would be constructed in an area that is design ated attainment or unclassified under section 107(d) of the CAA, the State plan must, in any revi ew under §51.166 with respect to visibility protection and analyses ensure the source’s emissions will be consistent wi th making reasonable progress toward the national visibly goal referred to in §51.300(a), and provide for:

(1) Written notification of to all affected Federal Land Managers of any proposed new major stationary source or major modification that may af fect visibility in any Federal Class I area. Such notification must be made in writing and inclu de a copy of all information relevant to the permit application within 30 days of receipt. The state must provide notification to all affected Federal Land Managers at least 30 days prior to pub lishing the notice of public comment and at least 60 days prior to public hearing by the State on the application for permit to construct. Such

notification must include the public notice, draft permit, staff analysis, co mplete application, and an analysis of the anticipated impacts on visibilit y in any Federal Class I area

. (2) Where the State requires or receives advance no tification (e.g. early consultation with the source prior to submission of the application or no tification of intent to monitor under §51.166) of a permit application of a source that may affect visibility the State must notify all affected Federal Land Managers within 30 days of such advanc e notification, and

(3) Consideration of any analysis performed by the Federal Land Manager provided within 30 days of the notification and analysis required by p aragraph (a)(1) of this section, that such proposed new major stationary source or major modif ication may have an adverse impact on visibility in any Federal Class I area

. To ensure that a source’s emissions will be consist ent with making reasonable progress toward the national visi bly goal referred to in §51.300(a), the Federal Land Manager may consider the full visibili ty impact of the source, post modification, in support of such findings. Where the State finds that such an analysis does no t demonstrate to the satisfaction of the State that an adverse impact wi ll result in the Federal Class I area, the State must, in the notice of public hearing, either expla in its decision or give notice as to where the explanation can be obtained.

(b) The plan shall also provide for the review of a ny new major stationary source or major

modification:

(1) That may have an impact on any integral vista o f a mandatory Class I Federal area listed in §51.304(b), or

### Summary of Interagency Working Comments on Draft La nguage under

EO12866/13563 Interagency Review. Subject to Furth er Policy Review.

(2) That proposes to locate in an area classified a s nonattainment under section 107(d)(1) of the Clean Air Act that may have an impact on visibility in any mandatory Class I Federal area.

(c) Review of any major stationary source or major modification under paragraph (b) of this section, shall be conducted in accordance with para graph (a) of this section, and §51.166(o), (p)(1) through (2), and (q). In conducting such rev iews the State must ensure that the source's emissions will be consistent with making reasonable progress toward the national visibility goal referred to in §51.300(a). The State may consider the full visibility impact of a source , post modification, and take into account the costs of compliance, the time nece ssary for compliance, the energy and nonair quality environmental impacts of compliance, and the useful life of the

source.
(d) The State may require monitoring of visibility in any Federal Class I area near the proposed new stationary source or major modification for suc h purposes and by such means as the State deems necessary and appropriate.