A.
For any new major source or major modification subject to
the provisions of this Chapter, no permit or permit revision under this Article
shall be issued to a person proposing to construct or modify the source unless
the applicant has provided:
1.
An analysis of the anticipated impacts of the
proposed source on visibility in any Class I areas which may be affected by the
emissions from that source; and
2.
Results of monitoring of visibility in any area near
the proposed source for such purposes and by such means as the Director
determines is necessary and appropriate.
B.
A determination of an adverse impact on visibility shall be
made based on consideration of all of the following factors:
1.
The times of visitor use of the
area;
2.
The frequency and timing of natural conditions in
the area that reduce visibility;
3.
All of the following visibility impairment
characteristics:
a.
Geographic extent,
b.
Intensity,
c.
Duration,
d.
Frequency,
e.
Time of day;
4.
The correlation between the characteristics listed
in subsection (B)(3) and the factors described in subsections (B)(1) and
(2).
C.
The Director shall not issue a permit or permit revision
pursuant to this Article or Article 3 of this Chapter for any new major source
or major modification subject to this Chapter unless the following requirements
have been met:
1.
The Director shall notify the individuals identified
in subsection (C)(2) within 30 days of receipt of any advance notification of
any such permit or permit revision under this Article.
2.
Within 30 days of receipt of an application for a
permit or permit revision under this Article for a source whose emissions may
affect a Class I area, the Director shall provide written notification of the
application to the Federal Land Manager and the federal official charged with
direct responsibility for management of any lands within any such area. The
notice shall:
a.
Include a copy of all information relevant to the
permit or permit revision under this Article,
b.
Include an analysis of the anticipated impacts of
the proposed source on visibility in any area which may be affected by
emissions from the source, and
c.
Provide for no less than a 30-day period within
which written comments may be submitted.
3.
The Director shall consider any analysis provided by
the Federal Land Manager that is received within the comment period provided in
subsection (C)(2).
a.
Where the Director finds that the analysis provided
by the Federal Land Manager does not demonstrate to the satisfaction of the
Director that an adverse impact on visibility will result in the area, the
Director shall, within the public notice required under R18-2-330, either
explain the decision or specify where the explanation can be
obtained.
b.
When the Director finds that the analysis provided
by the Federal Land Manager demonstrates to the satisfaction of the Director
that an adverse impact on visibility will result in the area, the Director
shall not issue a permit or permit revision under this Article for the proposed
major new source or major modification.
4.
When the proposed permit decision is made, pursuant
to R18-2-304(J), and available for public review, the Director shall provide
the individuals identified in subsection (C)(2) with a copy of the proposed
permit decision and shall make available to them any materials used in making
that determination.
A.
Applicability.
1. All of the requirements of
this Section apply to a new major source or major modification that would be
constructed in an area that is designated attainment or
unclassifiable.
2. Subsections (B)
to (D) apply to the following:
a. A new major
source or major modification that may have an impact on any integral vista of a
mandatory federal Class I area, if it is identified in accordance with
40 CFR
51.304 by the Federal Land Manager at least
twelve months before submission of a complete permit application for the source
or modification, except where the Federal Land Manager has provided notice and
opportunity for public comment on the integral vista, in which case the review
must include impacts on any integral vista identified at least six months
before submission of a complete permit application. This subsection shall not
apply if the Director determines under
40 CFR
51.304(d) that the
identification was not in accordance with the identification
criteria.
b. A new major source or
major modification that proposes to locate in an area designated as
nonattainment and that may have an impact on visibility in any mandatory
federal Class I area.
B. Application Requirements. Any application
for a permit or permit revision to construct a major source or major
modification subject to this section shall contain:
1. An analysis of the impairment to
visibility, soils, and vegetation that would occur as a result of the new
source or modification and general commercial, residential, industrial, and
other growth associated with the new source or modification. The applicant need
not provide an analysis of the impact on vegetation having no significant
commercial or recreational value.
2. An analysis of the air quality impact
projected for the area as a result of general commercial, residential,
industrial, and other growth associated with the new source or
modification.
C.
Notification Requirements.
1. The Director
shall provide written notice of the application for a permit or permit revision
subject to this section to the Administrator, the Federal Land Manager and the
federal official charged with direct responsibility for management of any lands
within any Class I area that may be affected by the source or modification. The
notice shall be provided within 30 days of receipt of the application and at
least 60 days before any public hearing on the application. The notice shall:
a. Include a copy of the application and all
information relevant to the permit or permit revision under this
Article;
b. Include an analysis of
the anticipated impacts of the proposed source on visibility in any federal
Class I area; and
c. Provide for no
less than a 30-day period within which written comments may be
submitted.
2. The
Director shall notify the individuals identified in subsection (C)(1) within 30
days of receipt of any advance notification of any such permit or permit
revision.
3. The Director shall
notify the individuals identified in subsection (C)(1) of the preliminary
determination for the application under
R18-2-402(I)(2)(c)
and shall make available any materials used
in making that determination.
4.
The Director shall provide notice to the administrator of every action related
to the consideration of such permit or permit revision.
D. Consideration of Federal Land Manager
Analysis.
1. The Federal Land Manager and the
federal official charged with direct responsibility for management of federal
Class I areas have an affirmative responsibility to protect the air quality
related values, including visibility, of any such areas and to consider, in
consultation with the Administrator, whether a proposed source or modification
would have an adverse impact on such values.
2. The Director shall consider any analysis
performed by the Federal Land Manager and provided within 30 days of the
notification required by subsection (C)(1) that shows that a proposed new major
stationary source or major modification may have an adverse impact on
visibility in a federal Class I area or integral vista.
3. In considering the analysis, the Director
shall ensure that the source's emissions will be consistent with making
reasonable progress toward the national visibility goal referred to in
40 CFR
51.300(a), taking into
account the costs of compliance, the time necessary for compliance, the energy
and nonair quality environmental impacts of compliance, and the useful life of
the source.
4. If the Director
concurs with the analysis, the Director shall deny the permit or permit
revision.
5. If the Director finds
that the analysis does not demonstrate to the satisfaction of the Director that
an adverse impact on visibility will result in the federal Class I area or
integral vista, the Director shall, in the notice required by
R18-2-402(I)(2)(c),
either explain that decision or give notice as to where the explanation can be
obtained.
E. Federal
Land Manager Analysis Showing Adverse Impact Despite Compliance with Maximum
Allowable Increases for Class I Area.
1.
Within 30 days after the notification required by subsection (C)(3), the
Federal Land Manager may present to the Director a demonstration that the
emissions attributed to a new major source or major modification would have an
adverse impact on visibility or other specifically defined air quality related
values of any mandatory federal Class I area, even though the change in air
quality resulting from emissions attributable to the source or modification
will not cause or contribute to concentrations that exceed the maximum
increases allowed for the area in
R18-2-218.
2. If the Director concurs with the
demonstration, the Director shall not issue a permit or permit revision for the
major source or major modification.
F. Class I Variance with Federal Land Manager
Concurrence.
1. The owner or operator of a
proposed source or modification may demonstrate to the Federal Land Manager
that emissions from the source will have no adverse impact on the air quality
related values (including visibility) of federal Class I areas, even though the
change in air quality resulting from emissions from the source or modification
are projected to cause or contribute to concentrations that exceed the maximum
increases allowed for a Class I area under
R18-2-218.
2. If the Federal land manager concurs with
the demonstration and so certifies to the Director, the Director may issue the
permit, provided that:
a. Applicable
requirements are otherwise met; and
b. The permit contains emission limits
necessary to assure that emissions of sulfur dioxide,
PM
2.5, PM
10, and nitrogen oxides
will not cause increases in ambient concentrations of those pollutants
exceeding the following maximum allowable increases over minor source baseline
concentrations:
|
Pollutant
|
Maximum
allowable increase
(micrograms per cubic
meter)
|
|
PM2.5
|
|
Annual arithmetic mean
|
4
|
|
24-hr maximum
|
9
|
|
PM10
|
|
Annual arithmetic mean
|
17
|
|
24-hr maximum
|
30
|
|
Sulfur dioxide:
|
|
Annual arithmetic mean
|
20
|
|
24-hr maximum
|
91
|
|
3-hr maximum
|
325
|
|
Nitrogen dioxide
|
|
Annual arithmetic mean
|
25
|
G. Class I Sulfur Dioxide Variance by
Governor with Concurrence by Federal Land Manager or President.
1. The owner or operator of a proposed source
or modification that cannot be approved under subsection (F) may demonstrate to
the Governor that the source cannot be constructed by reason of any maximum
allowable increase for sulfur dioxide for a period of twenty-four hours or less
applicable to any Class I area and, in the case of mandatory federal Class I
areas, that a variance under this clause would not adversely affect the air
quality related values of the area (including visibility). The Governor, after
consideration of the Federal Land Manager's recommendation (if any) and subject
to his concurrence, may, after notice and public hearing, grant a variance from
the maximum allowable increase. If the variance is granted, the Director shall
issue a permit or permit to the source or modification pursuant to the
requirements of subsection (G)(3), provided that the applicable requirements of
R18-2-406 are otherwise
met.
2. In any case where the
Governor recommends a variance in which the Federal Land Manager does not
concur, the recommendations of the Governor and the Federal Land Manager shall
be transmitted to the President. The President may approve the Governor's
recommendation if the President finds that the variance is in the national
interest. If the variance is approved, the Director shall issue a permit
pursuant to subsection (G)(3), provided that the applicable requirements of
R18-2-406 are otherwise
met.
3. In the case of a permit
issued pursuant to subsection (G)(1) or (G)(2) the source or modification shall
comply with emission limitations necessary to assure that emissions of sulfur
dioxide from the source or modification will not (during any day on which the
otherwise applicable maximum allowable increases are exceeded) cause or
contribute to concentrations that would exceed the following maximum allowable
increases over the baseline concentration and to assure that the emissions will
not cause or contribute to concentrations that exceed the otherwise applicable
maximum allowable increases for periods of exposure of 24 hours or less for
more than 18 days, not necessarily consecutive, during any annual period:
|
Maximum Allowable Increase [Micrograms per cubic
meter]
|
|
Period of exposure
|
Terrain areas
|
|
Low
|
High
|
|
24-hr maximum
|
36
|
62
|
|
3-hr maximum
|
130
|
221
|
H. Visibility Monitoring. The Director may
require monitoring of visibility in any federal Class I area near a proposed
major source or major modification for such purposes and by such means as the
Director deems necessary and appropriate.
