Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 52  /  Sec. 52.2533 Visibility protection.

(a) Reasonably Attributable Visibility Impairment. The requirements of section 169A of the Clean Air Act are not met because the plan does not include approvable measures for meeting the requirements of 40 CFR 51.305, 51.306, and 51.307 for protection of visibility in mandatory Class I Federal areas.

(b) Regulation for visibility monitoring and new source review. The provisions of Sec. Sec. 52.26 and 52.28 are hereby incorporated and made a part of the applicable plan for the State of West Virginia.

(c) Long-term strategy. The provisions of Sec. 52.29 are hereby incorporated and made part of the applicable plan for the State of West Virginia.

(d) Regional Haze. The requirements of section 169A of the Clean Air Act are not met because the regional haze plan submitted by West Virginia on June 18, 2008, does not include fully approvable measures for meeting the requirements of 40 CFR 51.308(d)(3) and 51.308(e) with respect to emissions of NOX and SO2 from electric generating units. EPA has given limited approval and limited disapproval to the plan provisions addressing these requirements.

(e) Measures Addressing Limited Disapproval Associated with NOX. The deficiencies associated with NOX identified in EPA's limited disapproval of the regional haze plan submitted by West Virginia on June 18, 2008, are satisfied by Sec. 52.2540.

(f) Measures Addressing Limited Disapproval Associated with SO2. The deficiencies associated with SO2 identified in EPA's limited disapproval of the regional haze plan submitted by West Virginia on June 18, 2008, are satisfied by Sec. 52.2541. [50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 77 FR 16940, Mar. 23, 2012; 77 FR 33659, June 7, 2012]