### EPA’s RESPONSE to Summary of Interagency Working Co mments on Draft

Language under EO12866/13563 Interagency Review. S ubject to Further Policy Review.

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

RIN 2060-AS55

EPA proposes revising the preamble language of sect ion IV.I to read as follows:

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

### EPA’s RESPONSE to Summary of Interagency Working Co mments on Draft

Language under EO12866/13563 Interagency Review. S ubject to Further Policy Review.

2 any Class I Federal area. As required by the regula tions, that consultation must include sharing with the FLMs a copy of all information relevant to the permit application for the proposed new stationary source or major modification. The regula tions 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 a rea 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 EPA regional offices can provide additional as sistance 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 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.