Summary of Interagency Working Comments on Draft Language under 

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

1 

Environmental Protection Agency (EPA): Proposed Rule 

Protection of Visibility: Amendments to Requirements for State Plans 

RIN 2060-AS55 

Reviewer recommends revising the language below based on the redline-strikeout: 

I. Changes to FLM Consultation Requirements 

The EPA believes that state consultation with FLMs is a critical part of the creation of 

quality SIPs. As mentioned earlier, the EPA is proposing to extend the FLM consultation 

requirements of §51.308(i)(2) to progress reports that are not SIP revisions. In addition, the EPA 

believes further edits to §51.308(i)(2) are necessary because the current requirement for 

consultation at least 60 days prior to a public hearing may not occur sufficiently early in the 

state’s planning process to meaningfully inform the state’s development of the long-term 

strategy. This proposed rule change would add a requirement that such consultation occur early 

enough to allow the state time for full consideration of FLM input, but no fewer than 60 days 

prior to a public hearing or other public comment opportunity. A consultation opportunity that 

takes place no less than 120 days prior to a public hearing or other public comment opportunity 

would be deemed to have been “early enough.” 

Finally, the EPA notes that pursuant to the existing provisions of §51.307(a), the SIP for 

every state must require the new source permitting authority to consult with FLMs regarding 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 that may affect visibility in 

any Class I Federal area. As required by the regulations, that consultation must include sharing 
Summary of Interagency Working Comments on Draft Language under 

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

2 

with the FLMs a copy of all information relevant to the proposed new stationary source or major 

modification permit application and also supporting material including state’s interpretation and 

proposed decision for Best Available Control Technology, and resultant permit limits. for the 

proposed new stationary source or major modification. The regulations also specify that this 

material must be provided within particular time frames. Also, under §51.307(b)(2), a proposed 

new major source or major modification locating in a nonattainment area is subject to review if it 

may have an impact on visibility in any mandatory Class I area. Two EPA guidance documents 

interpret the consultation requirement, particularly with regard to evaluating whether a proposed 

new major source or major modification may affect visibility in a Class I area and thus 

consultation is required.1 The need to notify FLMs of proposed new stationary sources or major 

modifications is not limited to 100 kilometers in light of responsibilities under the regional haze 

rule. The EPA regional offices can provide additional assistance to states in ensuring that their 

permitting programs meet the regulations and that the appropriate consultation is being 

conducted for affected permits. No changes are being proposed to these consultation 

requirements. 

 

1

 New Source Review Workshop Manual - Prevention of Significant Deterioration and 

Nonattainment Area Permitting (Draft), October 1990, available at: 

https://www.epa.gov/sites/production/files/2015-07/documents/1990wman.pdf; and Appendix A 

of Timely Processing of Prevention of Significant Deterioration (PSD) Permits when EPA or a 

PSD-Delegated Air Agency Issues the Permit, October 2012, available at: 

https://www.epa.gov/sites/production/files/2015-07/documents/timely.pdf.