EPA’s RESPONSE to 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 

EPA proposes revising the preamble language of section 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 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 
EPA’s RESPONSE to Summary of Interagency Working Comments on Draft 

Language under EO12866/13563 Interagency Review. Subject to Further 

Policy Review.

2 

any Class I Federal area. As required by the regulations, 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 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 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.