### 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 revising the language below bas ed 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 prop osing to extend the FLM consultation requirements of §51.308(i)(2) to progress reports t hat are not SIP revisions. In addition, the EPA believes further edits to §51.308(i)(2) are necessa ry because the current requirement for consultation at least 60 days prior to a public hea ring 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 req uirement that such consultation occur early enough to allow the state time for full considerati on of FLM input, but no fewer than 60 days prior to a public hearing or other public comment o pportunity. 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 existin g 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 attainmen t or unclassified that may affect visibility in any Class I Federal area. As required by the regula tions, that consultation must include sharing

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

EO12866/13563 Interagency Review. Subject to Furth er 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 int erpretation and proposed decision for Best Available Control Techno logy, and resultant permit limits. for the proposed new stationary source or major modificatio n. The regulations also specify that this material must be provided within particular time fr ames. 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 C lass I area. Two EPA guidance documents interpret the consultation requirement, particularl y with regard to evaluating whether a proposed new major source or major modification may affect v isibility 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 l ight of responsibilities under the regional haze rule. The EPA regional offices can provide additional ass istance to states in ensuring that their permitting programs meet the regulations and that t he appropriate consultation is being conducted for affected permits. No changes are bein g 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 D eterioration (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.