R307-406-3. Notification of Federal Land Managers

(1) The director shall notify the Federal Land Manager having jurisdiction over any mandatory Class I area of any proposed new major source or major modification that may reasonably be expected to affect visibility in that mandatory Class I area. Such notification shall be in writing and shall include a copy of all information relevant to the Notice of Intent and visibility impact analysis submitted by the source. The notification shall be made within thirty (30) days of receipt of the completed Notice of Intent and at least sixty (60) days prior to any public hearing or the commencement of any public comment period, held in accordance with R307-401-4 of these regulations, on the proposal. The director shall consider, as a part of the new or modified source review required by R307-406, any analysis performed by the Federal Land Manager that such proposed new major source or major modification may have an adverse impact on visibility in any mandatory Class I area, provided such analysis is submitted to the director within sixty (60) days of the notification to the Federal Land Manager as required by this paragraph. If the director determines that the major source or major modification will have an adverse impact on visibility in any mandatory Class I area, the director shall not issue the approval order. Where the director determines that such analysis does not demonstrate that adverse impact on visibility will result in a mandatory Class I area, the director will, in the notice of any public hearing held on the new major source or major modification proposal, explain the decision or give notice where the explanation can be obtained.

(2) Where the director receives advance notification or early consultation with a major new source or major modification which may affect visibility prior to the submission of a Notice of Intent to Construct for the major new source or major modification, the director will notify the affected Federal Land Manager within thirty (30) days of such advance notification.