Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Rules and Regulations 14731 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 0023.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction, from further 

environmental documentation as the 

rule pertains to a temporary safety zone 

established and extended to address an 

emergency situation lasting more than 

one week. The written environmental 

analysis checklist and Categorical 

Exclusion Determination prepared for 

the initial effective period of this safety 

zone regulation is applicable to this 

extension. These documents are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR Part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise temporary § 165.T01–1272, 

to read as follows: 

§ 165.T01–1272 Safety Zone: Underwater 

Object, Massachusetts Bay, MA. 

(a) Location. The following area is a 

safety zone: All navigable waters, from 

surface to bottom, of Massachusetts Bay 

within a 500 yard radius of underwater 

object, in approximate position 

42°24′27.34′′ N, 70°27′17.23′′ W. 

(b) Definitions. The following 

definition applies to this section: 

Designated representative means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, state, and federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port Boston. 

(c) Regulations. (1) The general 

regulations contained in 33 CFR 

§ 165.23 apply. 

(2) In accordance with the general 

regulations in § 165.23 of this part, all 

vessels and persons are prohibited from 

entering the safety zone without 

permission from the Captain of the Port 

Boston. In addition, all vessels and 

persons are prohibited from anchoring, 

diving, dredging, dumping, fishing, 

trawling, laying cable, or conducting 

salvage operations in this zone except as 

authorized by the Coast Guard Captain 

of the Port Boston. 

(3) All persons and vessels shall 

comply with the Coast Guard Captain of 

the Port Boston or designated 

representative. 

(4) Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light or other means, the operator of the 

vessel shall proceed as directed. 

(5) Persons desiring to enter the safety 

zone may request permission from the 

Captain of the Port Boston via VHF 

Channel 16 or via telephone at (617) 

223–3201. 

(d) Enforcement Period. This rule will 

be enforced from 11 p.m. January 8, 

2009, until 11 p.m. April 28, 2009. 

Dated: March 6, 2009. 

G.P. Kulisch, 

Captain, U.S. Coast Guard, Captain of the 

Port Boston. 

[FR Doc. E9–7260 Filed 3–31–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2008–0509; FRL–8788–8] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Albuquerque/Bernalillo County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the New 

Mexico Albuquerque/Bernalillo County 

State Implementation Plan (SIP). This 

revision replaces Regulation 8, Airborne 

Particulate Matter, with New Mexico 

Administrative Code (NMAC), 20.11.20, 

Fugitive Dust Control. This rulemaking 

action is being taken under section 110 

of the Clean Air Act (CAA). 

DATES: This rule is effective on June 1, 

2009 without further notice, unless EPA 

receives adverse comment by May 1, 

2009. If EPA receives such comment, 

EPA will publish a timely withdrawal in 

the Federal Register informing the 

public that this rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2008–0509, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by email to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand Delivery: Mr. Guy Donaldson, 

Chief, Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2008– 

0509. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

14732 Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Rules and Regulations 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 am and 

4:30 pm weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal is also available 

for public inspection at the State Air 

Agency listed below during official 

business hours by appointment: 

The City of Albuquerque, 

Environmental Health Department, One 

Civic Plaza, Albuquerque, NM, 87102. 

FOR FURTHER INFORMATION CONTACT: Joe 

Kordzi, Air Planning Section (6PD–L), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–7186; fax number 214–665– 

7263; e-mail address 

kordzi.joe@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

Outline 

I. Background 

II. Evaluation of the Albuquerque Fugitive 

Dust Control Rule 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

The Albuquerque/Bernalillo County 

Air Quality Control Board (AQCB) is the 

federally delegated air quality authority 

for Albuquerque and Bernalillo County. 

The AQCB is authorized to administer 

and enforce the CAA and the New 

Mexico Air Quality Control Act, and to 

require local air pollution sources to 

comply with air quality standards. 

EPA approved the AQCB’s Rule 8, 

Airborne Particulate Matter, on 

February 23, 1993 (58 FR 10970). The 

AQCB revised this regulation with 

NMAC 20.11.20, Airborne Particulate 

Matter, in 1996. The AQCB later 

substantially revised NMAC 20.11.20 on 

January 14, 2004, and renamed it 

‘‘Fugitive Dust Control.’’ On September 

7, 2004, the Governor of New Mexico 

submitted a SIP revision requesting that 

EPA revise the New Mexico 

Albuquerque/Bernalillo County SIP by 

replacing Regulation 8 with NMAC 

20.11.20, Fugitive Dust Control. The 

AQCB later requested that this SIP 

submission be placed on hold, 

anticipating that NMAC 20.11.20 would 

again be revised. Subsequently, on April 

3, 2008, the Governor of New Mexico 

submitted a SIP revision with the newly 

revised NMAC 20.11.20. 

II. What did the state submit and how 

did we evaluate it? 

The AQCB’s SIP revision package 

included (1) Regulation 8, Airborne 

Particulate Matter; (2) NMAC 20.11.20, 

Fugitive Dust Control; (3) documents 

associated with a public hearing and a 

public meeting conducted on February 

13, 2008; (4) evidence that legal notices 

were published in the local newspaper 

and the New Mexico Register, and (5) 

evidence NMAC 20.11.20, Fugitive Dust 

Control was filed with the New Mexico 

State Records Center on February 15, 

2008. 

NMAC 20.11.20, Fugitive Dust 

Control has a number of changes over 

Regulation 8, Airborne Particulate 

Matter, that will enable the City of 

Albuquerque Air Quality Division to 

improve its ability to address particulate 

matter emissions. In general, NMAC 

20.11.20, Fugitive Dust Control is 

designed to capture all sources of 

fugitive dust, in contrast to Regulation 

8, which targeted industrial and 

commercial activities. Examples of the 

improvements incorporated into NMAC 

20.11.20, Fugitive Dust Control include 

the following: 

• The use of reasonably available 

control measures identified in the 

regulation, or other effective control 

measures to prevent or abate fugitive 

dust leaving a property where human 

actions may or will generate fugitive 

dust. 

• The stabilization of new and 

existing unpaved roadways and 

unpaved lots in Bernalillo County to 

abate fugitive dust. 

• A requirement that permits be 

obtained for surface disturbing activities 

involving 3⁄4 acre or more. 

• Control of greenwaste (e.g., grass 

clippings or leaves) from being 

deposited on publicly owned properties, 

where it can become airborne. 

• Provisions for programmatic 

permits for routine maintenance, 

routine surface disturbance activities, or 

routine ongoing active operations. 

• Provisions for construction permits. 

• Re-seeding specifications for native 

plants. 

• Provisions for public outreach and 

training on fugitive dust for those 

involved in earthwork activities. 

• Guidelines for responding to 

complaints, especially where damage to 

private property by fugitive dust is 

alleged. 

• Appeal procedures for permits and 

enforcement actions. 

See the Technical Support Document 

for a more detailed comparison of 

NMAC 20.11.20, Fugitive Dust Control 

with the earlier Regulation 8. 

Under section 110(l), EPA cannot 

approve a SIP revision if the revision 

would interfere with any applicable 

requirement concerning attainment and 

reasonable further progress (RFP), or 

any other applicable requirement of the 

CAA. As shown above, this revision 

makes the SIP more stringent and 

includes coverage of more sources. It 

will not result in increased emissions. 

Therefore, EPA’s approval of this SIP 

revision will not interfere with any 

Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Rules and Regulations 14733 

applicable requirement concerning 

attainment and RFP or any other CAA 

requirement in compliance with the 

requirements of section 110(l) of the 

Act. 

III. What is our final action? 

The EPA is approving the April 3, 

2008 revision to the New Mexico 

Albuquerque/Bernalillo County SIP 

regarding Fugitive Dust Control. This 

revision replaces Regulation 8, Airborne 

Particulate Matter, with NMAC 

20.11.20, Fugitive Dust Control because 

it is a substantial improvement over the 

approved SIP. Furthermore, as the April 

3, 2008 SIP submission is a replacement 

of the September 7, 2004 SIP 

submission, we are taking no action on 

the September 7, 2004 submission. This 

rulemaking action is being taken under 

section 110 of the CAA. 

IV. Why is this a ‘‘final action?’’ 

EPA is publishing this rule without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

received. This rule will be effective on 

June 1, 2009 without further notice 

unless we receive adverse comment by 

May 1, 2009. If we receive adverse 

comments, we will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. We will address all 

public comments in a subsequent final 

rule based on the proposed rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. Please note that if we receive 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, we may adopt as 

final those provisions of the rule that are 

not the subject of an adverse comment. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 1, 2009. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: March 16, 2009. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7402 et seq. 

Subpart GG—New Mexico 

■ 2. In § 52.1620(c), the second table 

entitled ‘‘EPA Approved Albuquerque/ 

Bernalillo County, NN Regulations,’’ is 

amended as follows: 

■ a. Under the centered heading 

‘‘Albuquerque/Bernalillo County, Air 

Quality Control Regulations,’’ by 

removing the entry for ‘‘Regulation No. 

8, Airborne Particulate Matter;’’ and 

■ b. Under the centered heading ‘‘New 

Mexico Administrative Code (NMAC) 

Title 20—Environment Protection, 

Chapter 11- Albuquerque/Bernalillo 

County Air Quality Control Board,’’ 

immediately following the entry for 

‘‘Part 8 (20.11.8 NMAC),’’ by adding a 

new entry for ‘‘Part 20 (20.11.20 

NMAC), Fugitive Dust Control,’’ to read 

as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(c) * * * 

14734 Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Rules and Regulations 

EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NN REGULATIONS

State citation Title/subject 

State 

approval/ 

effective date 

EPA approval 

date Explanation 

*******

New Mexico Administrative Code (NMAC) Title 20—Environment Protection, Chapter 11—Albuquerque/Bernalillo County Air Quality 

Control Board 

*******

Part 20 (20.11.20 NMAC) ............... Fugitive Dust Control ...................... 3/17/2008 April 1, 2009 [Insert FR page 

where document begins].

*******

[FR Doc. E9–7296 Filed 3–31–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2008–0020; 

FRL–8775–6] 

Approval and Promulgation of 

Implementation Plans; Variance 

Determination for Particulate Matter 

From a Specific Source in the State of 

New Jersey 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the State Implementation Plan (SIP) 

submitted by the State of New Jersey. 

This SIP revision consists of a sourcespecific reasonably available control 

technology (RACT) determination for 

controlling particulate matter from the 

cooling tower operated by the PSEG 

Nuclear LLC Hope Creek and Salem 

Generating Stations. This action 

approves a source-specific variance 

determination and emission limitations 

that were made by New Jersey in 

accordance with the provisions of its 

rule to help meet the national ambient 

air quality standards (NAAQS) for 

particulate matter. The intended effect 

of this rule is to approve source-specific 

emissions limitations required by the 

Clean Air Act. 

DATES: Effective Date: This rule will 

become effective on May 1, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2008–0020. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Environmental Protection 

Agency, Region II Office, Air Programs 

Branch, 290 Broadway, 25th Floor, New 

York, New York 10007–1866. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is 212–637–4249. 

FOR FURTHER INFORMATION CONTACT: Paul 

Truchan, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10278, (212) 637–3711, e-mail: 

Truchan.Paul@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What Action Is EPA Taking Today? 

EPA is approving New Jersey’s 

revision to the particulate matter (PM) 

State Implementation Plan (SIP) 

submitted on November 2, 2007. This 

SIP revision relates to New Jersey’s PM 

variance determination for the cooling 

tower at the PSEG Nuclear LLC Hope 

Creek and Salem Generating Stations 

located in Lower Alloways Creek 

Township, Salem County. As part of 

this variance evaluation, alternate 

emission limitations are specified for 

total suspended particulates (TSP) and 

PM–10 (particles with an aerodynamic 

diameter of 10 micrometers or less). No 

variance was requested, or is being 

granted for PM2.5. This evaluation and 

variance only involves the operation of 

the cooling tower. The reader is referred 

to the proposed rulemaking on this 

action (May 29, 2008, 73 FR 30873) for 

additional details. 

II. What Comments Were Received and 

What Is EPA’s Response? 

EPA received one anonymous 

comment which did not support the 

variance request. The commenter 

indicated concern with the health 

effects of particulate matter and the 

need to clean up our air. The 

commenter also stated that the plant 

should be forced to upgrade and that the 

proposed SIP revision should have 

included a discussion of particulates 

smaller than 2.5 parts per million 

(ppm). 

EPA is also concerned with the health 

effects of particulates and revised the 

national ambient air quality standard 

(NAAQS) for PM2.5 in September 2006, 

lowering the 24-hour PM2.5 NAAQS 

from 65 μg/m3 to 35 μg/m3 and 

readopted the annual PM2.5 NAAQS at 

15 μg/m3. States were required to make 

recommendations for designating their 

counties as either attainment or 

nonattainment by December 2007. On 

December 18, 2008, EPA’s 

Administrator signed a final rulemaking 

containing the new PM2.5 air quality 

designations. 

Based on current air quality 

monitoring data, Salem County is in 

attainment of the new 24-hour PM2.5 

standard. Salem County is currently 

designated as attaining the previous 24- 

hour PM2.5 standard, and annual PM2.5 

standard, and this is confirmed with air 

quality monitoring data. Therefore, the 

County where the cooling tower is 

located is currently attaining the 65 μg/ 

m3 NAAQS and is also attaining the 

new lower 35 μg/m3 NAAQS.