Section R18-2-410. Visibility Protection

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 sub- section (B)(3) and the factors described in subsections (B)(1) and (2).

C.      The Director shall not issue a permit or permit revision pursu- ant 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 sub- section (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 Fed- eral 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 per- mit 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 com- ment 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 Direc- tor 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

Department of Environmental Quality – Air Pollution Control

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 modifi- cation.

4.        When the proposed permit decision is made, pursuant to R18-2-304(J), and available for public review, the Direc- tor 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 mak- ing that determination.

Historical Note

Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-410 renumbered without change as Section R18-2-410 (Supp. 87-3). Section R18-2-410 renumbered to R18-2-610, new Section R18-2-410 adopted effective November 15, 1993 (Supp. 93-4).