Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Proposed Rules 53613 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51, 52, 72, 78, and 97 

[EPA–HQ–OAR–2009–0491; FRL–9194–9] 

RIN 2060–AP50 

Notice of Data Availability Supporting 

Federal Implementation Plans To 

Reduce Interstate Transport of Fine 

Particulate Matter and Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of data availability 

(NODA) for the Proposed Transport 

Rule. 

SUMMARY: The EPA is providing notice 

that it is supplementing the record to 

the Proposed Transport Rule (75 FR 

45210). The EPA has placed in the 

docket for the Proposed Transport Rule 

(Docket ID No. EPA–HQ–OAR–2009– 

0491) additional information relevant to 

the rulemaking, including, among other 

things, an updated version of the power 

sector modeling platform that EPA 

proposes to use to support the final rule. 

This new power sector modeling 

platform consists of updated unit level 

input data (the National Electric Energy 

Data System (NEEDS v4.10)) and a set 

of model run results with the updated 

modeling platform (Integrated Planning 

Model (IPM) v4.10), detailed 

documentation of the updated version 

of the model, and user guides to input 

assumptions and model outputs. The 

additional information also includes a 

list of further planned updates to 

support the final rulemaking. Except as 

explained below, EPA is not extending 

the comment period on the Proposed 

Transport Rule beyond October 1st, 

2010. 

DATES: Comments must be received on 

or before October 15, 2010. Please refer 

to SUPPLEMENTARY INFORMATION for 

additional information on submitting 

comments. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2009–0491 by one of the following 

methods: 

• http://www.regulations.gov. Follow 

the online instructions for submitting 

comments. Attention Docket ID No. 

EPA–HQ–OAR–2009–0491. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2009– 

0491. 

• Mail: EPA Docket Center, EPA West 

(Air Docket), Attention Docket ID No. 

EPA–HQ–OAR–2009–0491, U.S. 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460. 

Please include 2 copies. In addition, 

please mail a copy of your comments on 

the information collection provisions to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB), Attn: Desk Officer for 

EPA, 725 17th Street, NW., Washington, 

DC 20503. 

• Hand Delivery: U.S. Environmental 

Protection Agency, EPA West (Air 

Docket), 1301 Constitution Avenue, 

NW., Room 3334, Washington, DC 

20004, Attention Docket ID No. EPA– 

HQ–OAR–2009–0491. 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–HQ–OAR–2009– 

0491. 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 

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, avoid any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

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 and Radiation Docket and 

Information Center, EPA/DC, EPA East 

Building, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

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

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding the NEEDS database 

Version 4.10 contact Erich Eschmann, 

Clean Air Markets Division, USEPA 

Headquarters, Ariel Rios Building, 1200 

Pennsylvania Avenue, NW., Mail Code: 

6204J, Washington, DC 20460; 

telephone number: (202) 343–9128; fax 

number: (202) 343–2359. For question 

regarding the IPM Version 4.10 

assumptions contact Serpil Kayin, Clean 

Air Markets Division, USEPA 

Headquarters, Ariel Rios Building, 1200 

Pennsylvania Avenue, NW., Mail Code: 

6204J, Washington, DC 20460; 

telephone number: (202) 343–9390; fax 

number: (202) 343–2359. 

SUPPLEMENTARY INFORMATION: Detailed 

background information describing the 

proposed rulemaking may be found in a 

previously published notice: Federal 

Implementation Plans To Reduce 

Interstate Transport of Fine Particulate 

Matter and Ozone (Proposed Transport 

Rule); Proposed Rule 75 FR 45210, 

August 2, 2010. 

The information placed in the docket 

is also available for public review on the 

Web site for this rulemaking at http:// 

www.epa.gov/airtransport/. If additional 

relevant supporting information 

becomes available in the future, EPA 

will place this information in the docket 

and make it available for public review 

on this Web site. Today’s notice of data 

availability does not extend the 

comment period for the Proposed 

Transport Rule, which ends on October 

1, 2010. However, during the comment 

period for the NODA, EPA will accept 

comments on both the specific data that 

EPA is placing in the docket as well as 

any potential impacts of that data on the 

Proposed Transport Rule until October 

15th, 2010. 


hsrobinson on DSK69SOYB1PROD with PROPOSALS
53614 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Proposed Rules 

I. Additional Information on 

Submitting Comments 

A. How can I help EPA ensure that my 

comments are reviewed quickly? 

To expedite review of your comments 

by Agency staff, you are encouraged to 

send a separate copy of your comments, 

in addition to the copy you submit to 

the official docket, to Murat Kavlak, 

Clean Air Markets Division, USEPA 

Headquarters, Ariel Rios Building, 1200 

Pennsylvania Avenue, NW., Mail Code: 

6204J, Washington, DC 20460; 

telephone number: (202) 343–9634; fax 

number: (202) 343 2359. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through EDOCKET, 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. Send or deliver 

information identified as CBI only to the 

following address: Gene Sun, Clean Air 

Markets Division, USEPA Headquarters, 

Ariel Rios Building, 1200 Pennsylvania 

Avenue, NW., Mail Code: 6204J, 

Washington, DC 20460; telephone 

number: (202) 343–9119; fax number: 

(202) 343 2359. 

2. Tips for preparing your comments. 

When submitting comments, 

remember to: 

i. Identify the NODA by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions—The agency 

may ask you to respond to specific 

questions or organize comments by 

referencing a Code of Federal 

Regulations (CFR) part or section 

number. 

iii. Explain your comments, why you 

agree or disagree; suggest alternatives 

and substitute language for your 

requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Web Site for Rulemaking 

Information 

The EPA has previously established a 

Web site for the proposed rulemaking at 

http://www.epa.gov/airtransport. The 

Web site includes the proposed 

rulemaking actions and other related 

information that the public may find 

useful in addition to a link to this 

NODA. 

III. New Information Placed in the 

Docket 

The EPA has placed the information 

described below in the Proposed 

Transport Rule docket EPA–HQ–OAR– 

2009–0491. 

• An updated version of NEEDS 

(v4.10). This database provides unit 

level characteristics of the electric 

generating units (EGUs) included in the 

IPM modeling. This includes both units 

affected by the Proposed Transport Rule 

and other EGUs (e.g. fossil-fired units 

smaller than 25 MWe, non-fossil-fired 

units, and fossil-fired units 25 MWe or 

greater in States not subject to the 

Proposed Transport Rule). 

• User Guide to NEEDS v4.10. 

• Detailed documentation of the IPM 

v4.10. 

• New base case modeling run results 

with the updated IPM platform (v4.10): 

Summary Reports (for 2012, 2015, 2020, 

2030) and unit level parsed file for 2012 

(this modeling run is analogous to the 

base case run used to support the air 

quality modeling that determined which 

States significantly contributed to nonattainment or interference with 

maintenance in the Proposed Transport 

Rule). 

• New policy case modeling run 

(identified as ‘‘TR SB Limited Trading’’) 

with the updated IPM platform (v4.10): 

Summary Reports (for 2012, 2015, 2020, 

2030) and unit level parsed file for 2014 

(this modeling run is analogous to the 

preferred policy option run in the 

Proposed Transport Rule). 

• New base case run results with the 

updated IPM platform (v4.10), as 

described above, except with the Energy 

Information Administration’s Annual 

Energy Outlook (AEO) 2010 gas resource 

assumptions: Summary Reports (for 

2012, 2015, 2020, 2030) and unit level 

parsed file for 2012. 

• New policy case (identified as ‘‘TR 

SB Limited Trading’’) with the updated 

IPM platform (v4.10), as described 

above, except with AEO 2010 gas 

resource assumptions: Summary 

Reports (for 2012, 2015, 2020, 2030) and 

unit level parsed file for 2014. 

These policy runs include the same 

State-level caps that EPA modeled in 

the Proposed Transport Rule. The caps 

have not been modified to account for 

any changes that the new modeling 

might suggest; they are merely provided 

for informational purposes to allow 

commenters to understand the impact 

that changes in the model platform have 

on the projected impacts of the caps. 

• User Guide to IPM v4.10 output 

files (system summary report and parsed 

files). 

• A description of how to build an 

alternative gas resource assumption 

input for modeling (an intermediate 

option between AEO 2010 and EPA gas 

resource assumptions). 

• A summary of other planned input 

updates to be implemented in the final 

rulemaking (further described below). 

EPA proposes to use this version of 

the IPM model in the final Transport 

Rule, modified to address any 

comments that EPA receives as part of 

the transport rulemaking effort and 

other power sector analysis. Changes 

from the projections relied on in the 

proposed rule, from using an updated 

model, could impact the final 

rulemaking in a number of ways 

including, but not limited to: 

1. Changing emission projections that 

were used to determine which 

downwind areas have air quality 

concerns (i.e., non-attainment or 

maintenance) absent this rulemaking 

and to determine which States 

contribute to those problems. 

2. Changing cost and emission 

projections used in the multi-factor test 

to determine the amount of emissions 

that represent significant contribution. 

EPA believes that the assumptions 

regarding natural gas resources in the 

primary IPM v4.10 base case are the 

appropriate ones to use. EPA is however 

providing information on an alternative 

set of assumptions (AEO 2010), as well 

as a third way that gas price 

assumptions could be developed. EPA 

requests comment on the appropriate 

natural gas assumptions to use. 

EPA intends to update the NOX rates 

for fossil-fuel fired units in the final rule 

to reflect the more recent 2009 data. IPM 

v4.10 and the previous version of IPM 

used for the Proposed Transport Rule 

analysis relied on 2007 unit level NOX

rates. The updated NOX rates will more 


hsrobinson on DSK69SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Proposed Rules 53615 

accurately portray the unit level control 

installations that have occurred at 

power plants during the past several 

years. In general, about 25% of coal 

plants have a 2009 NOX rate that reflects 

a change from the 2007 that is greater 

than 0.1 lb/mmbtu and 10% of the 2007 

value. The 2009 unit level data can be 

retrieved from EPA’s Data and Maps at 

http://camddataandmaps. 

epa.gov/gdm/. 

EPA also intends to update 

information related to new units, new 

installation of pollution controls, and 

planned retirements. Information on 

changes in these areas that EPA believes 

have happened since IPM v4.10 version 

of the model has been finalized is also 

included in the docket. 

Between now and the time that EPA 

finalizes the Transport Rule, additional 

information used to support the final 

transport rulemaking may be placed in 

the docket. 

Dated: August 25, 2010. 

Dina W. Kruger, 

Acting Director, Office of Atmospheric 

Programs. 

[FR Doc. 2010–21699 Filed 8–31–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS-R2-ES-2009-0039] 

[MO 92210-0-0008] 

Endangered and Threatened Wildlife 

and Plants; 12-Month Finding on a 

Petition to List the White-Sided 

Jackrabbit as Threatened or 

Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 12–month petition 

finding. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

12–month finding on a petition to list 

the white-sided jackrabbit as 

endangered and to designate critical 

habitat under the Endangered Species 

Act of 1973, as amended. After review 

of all available scientific and 

commercial information, we find that 

listing the full species, Lepus callotis, is 

not warranted at this time. We further 

find that listing one or both of the 

subspecies, Lepus callotis callotis and 

Lepus callotis gaillardi, is not warranted 

at this time. We find that listing the 

northern populations of the subspecies 

L. c. gaillardi as a Distinct Population 

Segment is not warranted at this time. 

However, we ask the public to submit to 

us any new information that becomes 

available concerning the threats to the 

full species of the white-sided 

jackrabbit, or to either of the two 

currently recognized subspecies, or the 

species’ habitat at any time. 

DATES: The finding announced in this 

document was made on September 1, 

2010. 

ADDRESSES: This finding is available on 

the Internet at http:// 

www.regulations.gov at Docket Number 

FWS-R2-ES-2009-0039. Supporting 

documentation we used in preparing 

this finding is available for public 

inspection, by appointment, during 

normal business hours at the U.S. Fish 

and Wildlife Service, New Mexico 

Ecological Services Field Office, 2105 

Osuna NE, Albuquerque, NM 87113. 

Please submit any new information, 

materials, comments, or questions 

concerning this finding to the above 

address. 

FOR FURTHER INFORMATION CONTACT: 

Wally Murphy, Field Supervisor, New 

Mexico Ecological Services Field Office, 

2105 Osuna NE, Albuquerque, NM 

87113; by telephone at 505-346-4781; or 

by facsimile at 505-346-2542. If you use 

a telecommunications device for the 

deaf (TDD), please call the Federal 

Information Relay Service (FIRS) at 800- 

877-8339. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 4(b)(3)(B) of the Endangered 

Species Act of 1973, as amended (Act) 

(16 U.S.C. 1531 et seq.), requires that, 

for any petition to revise the Federal 

Lists of Endangered and Threatened 

Species that contains substantial 

scientific or commercial information 

that listing the species may be 

warranted, we make a finding within 12 

months of the date of receipt of the 

petition. In this finding, we will 

determine that the petitioned action is: 

(1) Not warranted, (2) warranted, or (3) 

warranted, but the immediate proposal 

of a regulation implementing the 

petitioned action is precluded by other 

pending proposals to determine whether 

species are threatened or endangered, 

and expeditious progress is being made 

to add or remove qualified species from 

the Federal Lists of Endangered and 

Threatened Species. We must publish 

this 12–month finding in the Federal 

Register. 

Previous Federal Action 

On October 15, 2008, we received a 

petition dated October 9, 2008, from 

WildEarth Guardians requesting that the 

white-sided jackrabbit (Lepus callotis) 

be emergency listed as endangered 

under the Act and critical habitat be 

designated. Included in the petition was 

supporting information regarding the 

species’ taxonomy and ecology, 

historical and current distribution, 

present status, and actual and potential 

causes of decline. We acknowledged the 

receipt of the petition in a letter to 

WildEarth Guardians, dated November 

26, 2008. However, emergency listing a 

species is not a petitionable action 

under the Act or the Administrative 

Procedure Act (APA; 5 U.S.C. 

Subchapter II), and is treated solely as 

a petition to list. In our letter we also 

stated that we had reviewed the petition 

and determined that available 

information did not indicate that the 

species was at significant risk of wellbeing, thereby necessitating the need to 

provide the temporary protections 

under section 4(b)(7)the Act (i.e., 

emergency listing). In our letter, we 

advised the petitioner that, to the 

maximum extent practicable, we would 

address the petition within 90 days. 

During our review of the petition, we 

found that the majority of information 

cited in the petition was not readily 

available to us. Therefore, on January 

13, 2009, we requested that the 

petitioner provide additional references. 

On February 13, 2009, the petitioner 

provided references. We received a 60– 

day notice of intent to sue from the 

petitioner dated January 28, 2009, and 

on April 15, 2009, the petitioner brought 

a lawsuit against us for failure to 

respond to the petition within 90 days 

of its receipt. On July 22, 2009, we 

published a 90–day finding indicating 

that the petition presented substantial 

information that listing the jackrabbit 

may be warranted, and initiated a status 

review (74 FR 36152). This notice 

constitutes the 12–month finding on the 

October 9, 2008, petition to list the 

white-sided jackrabbit as endangered. 

The white-sided jackrabbit was first 

listed as a candidate (Category 2) for 

Federal listing as either a threatened or 

endangered species under the Act in the 

1982 Candidate Notice of Review (47 FR 

58454, December 30, 1982). Category 2 

status included those taxa for which 

information in the Service’s possession 

indicated that a proposed listing rule 

was possibly appropriate, but for which 

sufficient data on biological 

vulnerability and threats were not 

available to support a proposed rule. In 

the Candidate Notice of Review 

published on February 28, 1996, we 

announced a revised list of animal and 

plant taxa that were regarded as 

candidates for possible addition to the 


hsrobinson on DSK69SOYB1PROD with PROPOSALS