Code of Federal Regulations Title 40. Protection of Environment § 40.52.1437 Visibility protection

(a) Regional Haze. The requirements of section 169A of the Clean Air Act are not met because the regional haze plan submitted by Nebraska on July 13, 2011, does not include approvable measures for meeting the requirements of 40 CFR 51.308(d)(3) and 51.308(e) with respect to emissions of SO₂ from Nebraska Public Power District, Gerald Gentleman Station, Units 1 and 2. EPA has disapproved the provisions of the July 13, 2011 SIP pertaining to the SO₂ BART determination for this facility, including those provisions of the long-term strategy addressing the SO₂ BART measures for these units.

(b) Measures Addressing Partial Disapproval Associated with SO₂. The deficiencies associated with the SO₂ BART determination for Nebraska Public Power District, Gerald Gentleman Station, Units 1 and 2 identified in EPA's partial disapproval of the regional haze plan submitted by Nebraska on July 13, 2011, are satisfied by § 52.1429.