---
kind: "section"
citation: "40 C.F.R. § 52.2498"
title: "40"
number: "52.2498"
heading: "Visibility protection."
url: "https://uscodex.org/cfr/40/52.2498"
---

# §52.2498. Visibility protection.

- (a) The requirements of section 169A of the Clean Air Act are not fully met because the plan does not include approvable procedures for visibility new source review for:
  - (1) Sources subject to the jurisdiction of Olympic Region Clean Air Agency;
  - (2) Indian reservations in Washington except for non-trust land within the exterior boundaries of the Puyallup Indian Reservation (also known as the 1873 Survey Area) as provided in the Puyallup Tribe of Indians Settlement Act of 1989, [25 U.S.C. 1773](/usc/25/1773.md), and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction.
- (b) **Regulations for visibility new source review.** The provisions of [§ 52.28](/cfr/40/52.28.md) are hereby incorporated and made a part of the applicable plan for Washington for the facilities, emission sources, and geographic areas listed in [paragraph (a)](#a) of this section.
- (c) The requirements of sections 169A and 169B of the Clean Air Act are not met because the plan does not include approvable provisions for protection of visibility in mandatory Class I Federal areas, specifically the Best Available Retrofit Technology (BART) requirement for regional haze visibility impairment ([§ 51.308(e)](/cfr/40/51.308.md?p=e)). The EPA BART requirements are found in [§ 52.2501](/cfr/40/52.2501.md).

## Notes

### Amendments

[51 FR 23228, June 26, 1986, as amended at 79 FR 33453, June 11, 2014; 80 FR 23730, Apr. 29, 2015; 82 FR 17143, Apr. 10, 2017; 82 FR 24537, May 30, 2017; 85 FR 22362, Apr. 22, 2020; 85 FR 36161, June 15, 2020; 86 FR 24726, May 10, 2021; 87 FR 41074, July 11, 2022; 90 FR 46073, Sept. 25, 2025]

### Authority

Authority: 42 U.S.C. 7401 et seq.

### Amendments

[40 FR 5521, Feb. 6, 1975]

### Amendments

[51 FR 23228, June 26, 1986, as amended at 79 FR 33453, June 11, 2014; 80 FR 23730, Apr. 29, 2015; 82 FR 17143, Apr. 10, 2017; 82 FR 24537, May 30, 2017; 85 FR 22362, Apr. 22, 2020; 85 FR 36161, June 15, 2020; 86 FR 24726, May 10, 2021; 87 FR 41074, July 11, 2022; 90 FR 46073, Sept. 25, 2025]