A. For any new major source or major modification subject to the provisions of this title, 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 control officer determines are 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 subdivision 3 of this subsection and the factors described in subdivisions 1 and 2 of this subsection.
C. The control officer shall not issue a permit or permit revision pursuant to this chapter or Chapters 17.11, 17.12, and 17.13 for any new major source or major modification subject to this title unless the following requirements have been met:
1. The control officer shall notify the individuals identified in subdivision 2 of this subsection within thirty days of receipt of any advance notification of any such permit or permit revision application under this article.
2. Within thirty days after receipt of the permit or permit revision application under this article for a source whose emissions may affect a Class I area, the control officer 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 application 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 thirty-day period within which written comments may be submitted.
3. The control officer shall consider any analysis provided by the federal land manager that is received within the comment period provided in subdivision 2 of this subsection.
a. Where the control officer finds that the analysis provided by the federal land manager does not demonstrate to the satisfaction of the control officer that an adverse impact on visibility will result in the area, the control officer shall, within the public notice required under Sections 17.12.190 and 17.13.210, either explain the decision or specify where the explanation can be obtained.
b. When the control officer finds that the analysis provided by the federal land manager demonstrates to the satisfaction of the control officer that an adverse impact on visibility will result in the area, the control officer 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 Section 17.12.010(J)(8), and available for public review, the control officer shall provide the individuals identified in subdivision 2 of this subsection with a copy of the proposed permit decision and shall make available to them any materials used in making that determination.
(Ord. 2017-20 § 3 (part), 2017: Ord. 1994-83 § 68, 1994: Ord. 1993-128 § 4 (part), 1993)