[Federal Register Volume 74, Number 179 (Thursday, September 17, 2009)]
[Proposed Rules]
[Pages 47774-47775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22425]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2004-0488; FRL-8956-5]
Protection of the Stratospheric Ozone: Alternatives for the Motor
Vehicle Air Conditioning Sector Under the Significant New Alternatives
Policy (SNAP) Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Data availability.
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SUMMARY: Under section 612 of the Clean Air Act, the Environmental
Protection Agency (EPA) reviews and lists as acceptable alternatives to
ozone-depleting substances (ODS). In 2006, EPA proposed to list R-744
(CO2) as ``acceptable with use conditions'' as a substitute
for CFC-12 in the motor vehicle air conditioning (MVAC) end-use within
the refrigeration and air-conditioning sector. When using
CO2 as a refrigerant, MVAC systems would be required to use
the refrigerant according to those legally enforceable conditions. EPA
proposed use conditions because of the potential risk of exposure to
elevated concentrations of CO2 within the passenger
compartment if there was a leak of the MVAC system. Elevated
CO2 levels could cause passengers, and of particular
concern, the driver, to become drowsy. Since the time of the proposed
rule, additional information regarding the effects of short-term
CO2 exposures has become available and EPA is now making
that information available to the public. As noted in the proposed
rule, EPA is considering whether to establish a breathing zone ceiling
and this short-term exposure information is relevant to EPA's decision
on this issue. In addition, EPA is providing the public with
opportunity to respond to an issue raised in a public comment on the
proposed rule.
DATES: Comments must be received on or before November 16, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0488, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: 202-566-1741.
Mail: EPA Docket Center (EPA/DC), Mailcode 6102T,
Attention Docket ID No. EPA-HQ-OAR-2004-0488, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460.
Hand Delivery: Public Reading Room, Room 3334, EPA West
Building, 1301 Constitution Avenue, NW., Washington, DC.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2004-0488. 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, 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 Docket, EPA/
DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC.
This Docket Facility 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: Melissa Fiffer, Stratospheric
Protection Division, Office of Atmospheric
[[Page 47775]]
Programs (6205J), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, telephone number: (202) 343-9464, fax
number: (202) 343-2363; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
Outline
1. What is today's action?
2. What information is EPA making available for review and comment?
3. Where can I get the information?
4. What is EPA taking comment on and what supporting documentation
do I need to include in my comments?
5. What should I consider as I prepare my comments for EPA?
1. What is today's action?
This notice of data availability (NODA) makes available to the
public a human health effects review of R-744 (CO2) that EPA
will consider as it moves forward to address its proposed ``acceptable
subject to use conditions'' listing for R-744 in MVACs. In the proposed
rule (71 FR 55140), EPA noted that a maximum CO2
concentration never to be exceeded (``ceiling limit'') in the space
where people breathe (``breathing zone'') may be needed in addition to
the proposed CO2 exposure limit of 3.0% by volume averaged
over 15 minutes. A breathing zone ceiling limit may provide additional
assurance regarding vehicle driver alertness. EPA subsequently hired a
contractor to examine the human health effects of elevated
CO2 concentrations within the confined space of a vehicle
passenger compartment. Today we are making available for comment the
contractor-authored memo on ceiling limits for R-744 in the passenger
compartment space of a motor vehicle. This memo reflects the latest
information on short-term exposure to R-744 in an enclosed space.
In 2006, EPA proposed to amend the acceptability of R-744 to
include the use condition that MVAC systems must be designed to avoid
occupant exposure to concentrations above the CO2 short-term
exposure limit of 3% averaged over 15 minutes. In the proposal, EPA
also suggested including a ceiling limit within the 3% average limit.
Based on the analysis in the contractor-author memo made available
today, EPA is considering a ceiling limit of 4% R-744, or 40,000 parts
per million (ppm). This ceiling limit could not be exceeded for any
duration inside the passenger compartment.
In addition, during the public comment period, one commenter
suggested that the proposed use conditions should be clarified to
address whether the same standard applies or whether a requirement even
applies when the motor vehicle ignition is off.
2. What information is EPA making available for review and comment?
EPA is making available, for review and comment, a contractor-
authored memo on the toxicological impacts of short-term exposure to
CO2 in the confined space of a vehicle passenger
compartment, ``Review of Health Impacts from Short-Term Carbon Dioxide
Inhalation Exposures,'' as well as the papers cited in the memo. This
memo provides information concerning a ceiling limit for the passenger
compartment of vehicles using R-744 in MVAC systems. In addition, the
public comment concerning application of the proposed use conditions
when the ignition is off is available in the public docket as item EPA-
HQ-OAR-2004-0488-35.1.
3. Where can I get the information?
All of the information can be obtained through the Air Docket and
at http://www.regulations.gov (see ADDRESSES section above for docket
contact information).
4. What is EPA taking comment on and what supporting documentation do I
need to include in my comments?
EPA is only accepting comment on two topics:
1. Whether EPA should include a ceiling limit of 4% R-744, or
40,000 ppm, in the final rule on the use of R-744 in new MVAC systems,
in addition to the short-term exposure limit of 3% averaged over 15
minutes, and
2. Whether the proposed use conditions on R-744 in new MVAC systems
should apply when the ignition is off.
Commenters may provide any published studies or supporting
statements. At this time, EPA is not requesting comments of a general
or editorial nature. EPA is not accepting comments more generally on
the proposed listing of R-744 as acceptable with use conditions.
Interested readers are directed to 71 FR 55140 for additional
information regarding EPA's proposed listing of R-744 as acceptable
with use conditions in the MVAC sector.
5. What should I consider as I prepare my comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information or data you used that support
your views.
4. Provide specific examples to illustrate your concerns.
5. Make sure to submit your comments by the comment period deadline
identified.
6. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your comments.
List of Subjects in 40 CFR Part 82
Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements.
Dated: August 14, 2009.
Brian J. McLean,
Director, Office of Atmospheric Programs.
[FR Doc. E9-22425 Filed 9-16-09; 8:45 am]
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