G/TBT/N/USA/442/Rev.1  
7 July 2023  
(23-4621) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
Revision  
The following notification is being circulated in accordance with Article 10.6.  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Articles 3.2 and 7.2):  State of 
California  
2. Agency responsible:   
State of California, Air Resources Board (CARB)  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [ X], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading.  ICS numbers may be provided in addition, where applicable):  
Automotive refrigerant; Environmental protection (ICS code(s): 13.020); Air quality (ICS 
code(s): 13.040); Barrels. Drums. Canisters (ICS code(s): 55.140); Refrigerants and 
antifreezes (ICS code(s): 71.100.45)  
5. Title, number of pages and language(s) of the notified document:  Proposed 
Amendments to the Regulation for Small Containers of Auto motive Refrigerant; (22 
page(s), in English)  
6. Description of content:  In 2009, CARB approved for adoption the Regulation for Small 
Containers of Automotive Refrigerant (Regulation) as a discrete early action measure to 
reduce HFC -134a refrigerant emissi ons from Do -It-Yourself motor vehicle air conditioning 
(MVAC) servicing. The emission reductions are primarily achieved through two key 
regulatory requirements: a mandatory self -sealing valve and a deposit and return 
program. The Regulation was amended in 2016, clarifying the requirements for properly 
utilizing unclaimed deposits and expanding the scope of the enhanced education program.  
Upon initial adoption of the Regulation, staff projected the quantity of refrigerant 
remaining in small containers upon r eturn to be 22 percent of the container volume. After 
implementation of the Regulation, staff determined the actual amount remaining to be 
approximately 4 percent, resulting in lower emission reductions from the deposit and 
return program than originally e stimated. Container manufacturers launched an enhanced 
education program from midway of 2018 through 2020, with the aim of increasing the 
container return rate. However, return rates showed little change.  
Due to the low HFC -134a emission reductions from us ed container refrigerant recovery, 
unchanged return rates, and financial impacts to do -it-yourselfers, staff is proposing to 
remove the deposit and return program. In addition, staff is proposing requirements that G/TBT/N/USA/442/Rev.1  
 
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  reclaimed refrigerant be used in the manuf acturing of small containers of automotive 
refrigerant sold in California to compensate for the emission reductions currently achieved 
by the deposit and return program. Revisions to the expenditure of unclaimed deposits 
will be aimed at MVAC repairs and i ncreasing refrigerant recovery and reclamation in 
California.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of the environment; Cost saving and productivity enhancement   
8. Relevant documents:  California Air Resources Board, Small Containers of Automotive 
Refrigerant: https://ww2.arb.ca.gov/rulemaking/2023/smallcontainer2023  
Small Containers of Automotive Refrigerant Progr am: https://ww2.arb.ca.gov/our -
work/programs/small -containers -automotive -refrigerant  
California Air Resources Board bulletin 3 July 2023: 
https://content.govdelivery.com/accounts/C ARB/bulletins/3628b9f  
The California Air Resources Board (CARB or Board) will conduct a public hearing (with a 
remote option via Zoom) at the date and time noted below to consider approving for 
adoption the proposed amendments to the Regulation for Small C ontainers of Automotive 
Refrigerant. The Board encourages members of the public to bring to the attention of staff 
in advance of the hearing any suggestions for modification of the proposed regulatory 
action.  
Date: 26 October 2023  
Time: 9:00 a.m.  Pacific Time  
Location: California Environmental Protection Agency  
California Air Resources Board  
Byron Sher Auditorium  
1001 I Street  
Sacramento, California 95814  
This public meeting may continue at 9:00 a.m.  Pacific Time , on 27 October 2023. Please 
consult the public agenda, which will be posted ten days bef ore the 26 October 2023, 
Board Meeting, for important details, including the day on which this item will be 
considered and how the public can participate via Zoom if they choose to be remote.  
9. Proposed date of adoption:  To be determined  
Proposed date of  entry into force:  To be determined  
10. Final date for comments:  21 August 2023; WTO Members and their stakeholders are 
asked to submit comments to the USA TBT Enquiry Point by or before 4pm Eastern Time 
on 21 August 2023. Comments received by the USA TBT Enquiry Point from WTO Members 
and their stakeholders will be shared with the regulator and will also be submitted to the 
docket. Comments submitted outside the comment period are considered untimely. CARB 
may, but is not required to, respond to untime ly comments, including those raising 
significant environmental issues.  
11. Texts available from:  National enquiry point [ ] or address, telephone or fax 
numbers  and email and website address es, if available , of other body:   
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2023/small_container_2023/not
ice.pdf  
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2023/small_container_2023/app
a-1.pdf 
https://members.wto.org/crnattachments/2023/TBT/USA/23_10840_00_e.pdf  
https://members.wto.org/crnattachments/2023/TBT/USA/23_10840_01_e.pdf