Summary of Interagency Working Comments on Draft Language under 

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

Environmental Protection Agency (EPA): Proposed Rule 

Protection of Visibility: Amendments to Requirements for State Plans 

RIN 2060-AS55 

Reviewer recommends the modifications provided below: 

§51.307 New source review. 

 (a) For purposes of new source review of any new major stationary source or major modification 

that would be constructed in an area that is designated attainment or unclassified under section 

107(d) of the CAA, the State plan must, in any review under §51.166 with respect to visibility 

protection and analyses ensure the source’s emissions will be consistent with 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 affect visibility in any Federal Class I area. 

Such notification must be made in writing and include 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 publishing 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, complete application, and 

an analysis of the anticipated impacts on visibility in any Federal Class I area. 

(2) Where the State requires or receives advance notification (e.g. early consultation with the 

source prior to submission of the application or notification 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 advance notification, and 

(3) Consideration of any analysis performed by the Federal Land Manager provided within 30 

days of the notification and analysis required by paragraph (a)(1) of this section, that such 

proposed new major stationary source or major modification may have an adverse impact on 

visibility in any Federal Class I area. To ensure that a source’s emissions will be consistent with 

making reasonable progress toward the national visibly goal referred to in §51.300(a), the 

Federal Land Manager may consider the full visibility impact of the source, post modification, in 

support of such findings. Where the State finds that such an analysis does not demonstrate to the 

satisfaction of the State that an adverse impact will result in the Federal Class I area, the State 

must, in the notice of public hearing, either explain its decision or give notice as to where the 

explanation can be obtained. 

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

modification: 

(1) That may have an impact on any integral vista of a mandatory Class I Federal area listed in 

§51.304(b), or 
Summary of Interagency Working Comments on Draft Language under 

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

(2) That proposes to locate in an area classified as 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 paragraph (a) of this section, and §51.166(o), 

(p)(1) through (2), and (q). In conducting such reviews 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 necessary 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 such purposes and by such means as the State 

deems necessary and appropriate.