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

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

1 Environmental Protection Agency (EPA): Proposed Rul e Protection of Visibility: Amendments to Requirement s for State Plans RIN 2060-AS55 Reviewer recommends adding the language below that is in red: Around page 37 C. Air Permitting One part of the visibility protection program, 40 C FR §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 S ignificant Deterioration (PSD) provisions (Part C of Title I of the CAA), additional regulati ons would “ensure that certain sources exempt from the PSD regulations because of geographic crit eria will be adequately reviewed for their potential impact on visibility in the mandatory Cla ss 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 facilitie s (or major modifications) located in nonattainment areas, 1 and that it was appropriate to “clarify certain pr ocedural 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 ta ken into consideration in the PSD permitting process. 43 FR 26380 (June 19, 1978). Those PSD rul es did not cover sources in nonattainment areas, and while there were EPA rules for nonattain ment 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 no t (and still do not) require consideration of visibility or FLM notification. (The same is also t rue 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 atta inment 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 not ification of FLMs of pending permits for new sources in nonattainment areas.

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

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

2 I areas.” 45 FR 34765 (May 22, 1980). The EPA envis ioned 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 permitti ng process. We are proposing to revise §51.307 as needed to maintain consistency with revi sions to other sections of 40 CFR part 50 subpart P. We are also asking for public comment on clarificat ions to enhance coordination between the New Source Review and the Regional Haze Programs.

Around page 91 H. Consistency Revisions Related to Permitting of N ew and Modified Major Sources Proposed changes to §51.307, New Source Review, inv olve a few proposed changes to maintain consistency with other sections of the Reg ional Haze Rule and with the CAA. The first change involves §51.307(b)(1) concerning integral v istas, for which we are proposing deletion of obsolete language regarding the now-expired identif ication period for integral vistas. Instead, the newly proposed addition of a listing of integral vi stas in §51.304(b) will be referenced. In section §51.307(b)(2), the deletion of a reference to speci fic 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 autho rities: 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 La nguage under

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

3 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 con sidered.