Appendix A    A.1 
 APPENDIX A  
 
Proposed Regulation: Prohibitions on Use of Certain Hydrofluorocarbons in 
Stationary Refrigeration and Foam End -Uses  
 
California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 10 Climate 
Change, Article 4  
[Note:  Subarticle s 4 and  5 would be amended as indicated.  The proposed 
amendments to existing text are shown in underline  to indicate addition and strikeout  to 
show deletions from the existing regulatory text.  All other portions of the article remain 
unchanged .] 
Subarticl e 4. [RESERVED] Small Containers of Automotive Refrigerant  
Subarticle 5.  Small Containers of Automotive Refrigerant  
*** 
Adopt new sections 95371, 95372, 95373, 95374, 95375, 95376, and 95377, Article 4, 
Subarticle 5 , Chapter 1, Division 3, Title 17, California Code of Regulations to read as 
follows:  
Subarticle 5.   Prohibitions on Use of Certain Hydrofluorocarbons in Stationary 
Refrigeration and Foam End -Uses  
§ 95371.  Purpose.  
(a) The purpose of this subarticle  is to reduce hydrofluorocarbon emissions by adopting 
specific United States Significant New Alternatives Policy Program (SNAP) prohibitions 
for certain substitutes in refrigeration and foam end -uses.  
(b) This subarticle is designed to support California’s  progress toward the 2030 
greenhouse gas reduction targets identified in Health and Safety Code sections 38500 
et seq., hydrofluorocarbon emissions reduction targets identified in Health and Safety 
Code section 39730.5, and in the Short Lived Climate Pollu tant Strategy developed 
pursuant to Health and Safety Code sections 39730 and 39730.5.  
NOTE: Authority: Sections 38510, 38598, 38560, 38562, 38566, 38580, 39600, 39601, 
39730, 39730.5, an d 41511, Health and Safety Code.  Reference: Sections 38510, 
38598, 38560, 38562, 38566, 38580, 39600, 39601, 39730, 39730.5, and 41511, 
Health and Safety Code.  Appendix A    A.2 
 § 95372.  Applicability.  
This subarticle applies to any person who sells, installs, uses, or enters into commerce, 
in the State of California, any substitute in end -uses listed in Table 1, section 95374, of 
this subarticle.  
NOTE: Authority: Sections 38510, 38598, 38560, 38562, 38566, 38580, 39600, 39601, 
39730.5, an d 41511, Health and Safety Code.  Reference: Sections 38510, 38598, 
38560, 38562, 38566, 38580, 39600, 39601, 39730, 39730.5, and 41511, Health and 
Safety Code.  
§ 95373.  Definitions.  
(a) For the purposes of this subarticle, the following definitions shall apply:  
“Blowing Agent” or “Foam Blowing Agent” or “Foam Expansion Agent” or “Foaming 
Agent”  is a substance which is capable of producing a cellular structure via a foaming 
process in a variety of materials that undergo hardening or phase transition, such as 
polymers and plastics. Blowing agents are typically applied when the blown material is 
in a liquid stage.  
“Capital Cost ” means an expense incurred in the production of goods or in rendering 
services, including but not limited to the cost of engineering, purchase, and installation 
of co mponents or systems, and instrumentation, and contractor and construction fees.   
“Class I Substance ” means any  ozone -depleting compound defined in the Clean Air Act, 
as amended, 42 U.S.C. § 7671(3) (effective November 15, 1990).  
“Class II Substance ” means  any ozone -depleting compound defined in the Clean Air 
Act, as amended, 42 U.S.C. § 7671(4) (effective November 15, 1990).  
“Component ” means a part of a refrigeration system, including but not limited to 
condensing units, compressors, condensers, evaporato rs, and receivers; and all of its 
connections and subassemblies, without which the refrigeration system will not properly 
function or will be subject to failures.  
“Cumulative Replacement ” means the addition of or change in multiple components 
within a three-year period.   
‘‘End -use’’ means processes or classes of specific applications within industry sectors, 
such as those listed in Table 1, section 95374 of this subarticle.  
“Executive Officer ” means the Executive Officer of the California Air Resources Bo ard or 
his or her delegate.  Appendix A    A.3 
 “Flexible Polyurethane”  means polyurethane foam including but not limited to that used 
in furniture, bedding, chair cushions, and shoe soles.  
“Foam System”  means a multipart liquid material that expands when mixed to form a 
solid or flexible substance in which thin films of material separate pockets of gas.  
“Greenhouse Gas ” or “ GHG ” means carbon dioxide (CO 2), methane  (CH 4), nitrous oxide 
(N2O), nitrogen tri fluoride (NF 3) sulfur hexafluoride (SF 6), hydrofluorocarbons (HFCs), 
perfluorocarbons (PFCs), and other fluorinated gases.  
“Hydrofluorocarbon ” or “ HFC” means a class of GHGs which are saturated organic 
compounds containing hydrogen, fluorine, and carbon; primarily used as refrigerants, 
foam blowing agents, aerosol propellants, solvents, and fire suppressants.   
“Integral Skin Polyurethane ” means polyurethane foam , including but not limited to that 
used in car steering wheels, dashboards, and shoe soles.  
“New Refrigeration Equipment”  means:  
(1) Any refrigeration equipment that is first installed using new or used components; or  
(2) Any refrigeration equipment that is modified such that it is:  
(i) Expanded after the date at which this subarticle  becomes effective, to handle 
an expanded cooling load by the addition of components in which the full charge 
of the system is increased, including refrigerant lines, evaporators, compressors, 
condensers, and other components; or  
(ii) Replaced or cumulativ ely replaced after the date at which this subarticle 
becomes effective, such that the capital cost of replacing or cumulatively 
replacing components exceeds 50 percent of the capital cost of replacing the 
entire refrigeration system.   
“Person ” means any i ndividual, firm, association, organization, manufacturer, distributor, 
partnership, business trust, corporation, limited liability company, company, state, or 
local governmental agency or public district.  
“Phenolic Insulation Board and Bunstock ” means phe nolic insulation including  but not 
limited to  that used for roofing and walls. Bunstock or bun stock is a large solid box -like 
structure formed during the production of polystyrene insulation.  
“Polystyrene Extruded Sheet ” means polystyrene foam including t hat used for 
packaging and buoyancy or floatation.   It is also made into food -service items, including 
hinged polystyrene containers (for "take -out" from restaurants); food trays (meat and 
poultry) plates, bowls, and retail egg containers.  Appendix A    A.4 
 “Refrigerant ” or “Refrigerant Gas”  means any substance, including blends and mixtures, 
which is a compound or gas used in vapor compression cycle refrigeration  that is used 
for heat transfer purposes and provides a cooling effect.  
“Refrigerated Food Processing and D ispensing E quipment” means equipment that 
dispenses and/or processes a variety of food and beverage products  by either 
combining ingredients, mixing or preparing them  at the proper temperature, or by  
function as a holding tank to deliver the product at the desired temperature or to deliver 
chilled ingredients for the processing, mixing and preparation. Some may use a 
refrigerant in a heat pump, or utilize waste heat from the cooling sys tem to provide hot 
beverages. Some may also provide heating functions to melt or dislodge ice or for 
sanitation purposes. This equipment can be self -contained or connected by piping to a 
dedicated condensing unit located elsewhere. Equipment within this end -use category 
include but are not limited to: chilled and frozen beverag es (carbonated and non -
carbonated, alcoholic and nonalcoholic); frozen custards, gelato, ice cream, Italian ice, 
sorbets and yogurts; milkshakes, ‘‘slushies’’ and smoothies, and whipped cream.  
“Refrigeration ” means the use of a refrigerant gas to mechanic ally move heat from one 
region to another to create a cooled region via a vapor compression cycle.   
“Refrigeration Equipment ” means any stationary device that is designed to contain and 
use refrigerant gas, including any device li sted in Section 95374, Ta ble 1.  For a device 
with multiple circuits, each independent circuit is considered a separate article of 
equipment.  
“Remote Condensing Units ” means refrigeration equipment or units that have a central 
condensing portion and may consist of one (and sometimes two) compressor(s), one 
condenser, and one receiver assembled into a single unit, which is normally located 
external to the sales area. The condensing portion (and often other parts of the system) 
is located outside the space or area cooled by th e evaporator. Remote condensing units 
are commonly installed in convenience stores, specialty shops (e.g., bakeries, butcher 
shops), supermarkets, restaurants, and other locations where food is stored, served, or 
sold.  
“Retail Food Refrigeration”  or “Comme rcial Refrigeration ” means equipment designed to 
store and display chilled or frozen goods for commercial sale. This end -use includes the 
following categories of equipment: stand -alone units (equipment), refrigerated food 
processing and dispensing units (e quipment), remote condensing units, and 
supermarket systems . 
“Retrofit ” means the replacement of the refrigerant used in refrigeration equipment with 
a different refrigerant, and any related changes to the refrigeration equipment required 
to maintain its o peration and reliability following refrigerant replacement.  Appendix A    A.5 
 “Rigid Polyurethane and Polyisocyanurate Laminated Boardstock ” means laminated 
board insulation made with polyurethane or polyisocyanurate foam, including that used 
for roofing and walls.  This do es not include the following end -use categories: rigid 
polyurethane appliance foam, rigid polyurethane commercial refrigeration and sandwich 
panels, rigid polyurethane marine flotation foam, rigid polyurethane spray foam, and 
rigid polyurethane one -compone nt foam sealants.  
“Stand -alone Units or Equipment ” means refrigerators, freezers, and reach -in coolers 
(either open or with doors) where all refrigeration components are integrated and, for 
the smallest types, the refrigeration circuit is entirely brazed or welded. These systems 
are fully charged with refrigerant at the factory and typically require only an electricity 
supply to begin operation.  
“Stationary ” means the system is (i) installed in a building, structure, or facility; (ii) 
attached to a foundat ion, or if not attached, will reside at the same location for more 
than twelve consecutive months; or (iii) located intermittently at the same facility for at 
least two consecutive years and operates at that facility a total of at least 90 days each 
year.  
“Substitute ” means any chemical, product substitute, or alternative manufacturing 
process, whether new or retrofit, intended for use as a replacement for a class I or II 
compound or substitute listed in Table 1, section 95374 of this subarticle.  
“Supermarket Systems”  means multiplex or centralized systems designed to cool or 
refrigerate, which operate with racks of compressors installed in a machinery room. Two 
main design classifications are used: Direct and indirect systems.  
(1) “Direct Systems ” mea ns the refrigerant circulates from the machinery room to the 
sales area, where it evaporates in display -case heat exchangers, and then returns 
in vapor phase to the suction headers of the compressor racks. Another direct 
supermarket design, often referred to as a distributed refrigeration system, uses 
an array of separate compressor racks located near the display cases rather than 
having a central compressor rack system.  
 
(2) “Indirect Systems ” means the system uses a central refrigeration system to cool a 
seco ndary fluid that is then circulated throughout the store to the cases. This 
includes secondary loop systems and cascade refrigeration.  
“Use” means any utilization of a Class I or Class II ozone -depleting compound or any 
substitute, including but not limited to utilization in a manufacturing process or product in 
California, consumption by the end -user in the State of California, or in intermediate 
applications in the State of California, such as formulation or packaging for other 
subsequent applications.  Appendix A    A.6 
 “Vending Machines”  means self -contained units that dispense goods that must be kept 
cold or frozen.  
NOTE: Authority: Sections 38510, 38598, 38560, 38562, 38566, 38580, 39600, 39601, 
39730.5, an d 41511, Health and Safety Code.  Reference: Sections 38510, 38598, 
38560, 38562, 38566, 38580, 39600, 39601, 39730, 39730.5, and 41511, Health and 
Safety Code.  
§ 95374.  List of  Prohibited  Substitutes.  
(a) The f ollowing table lists prohibited substitutes as of their relevant dates:  
Table 1: End -use and Prohibited S ubstitutes.  
General End -use Specific End -use Substitute  Status and 
Effective Date  
Retail food 
refrigeration 
equipment  Supermarket 
systems (new)  HFC-227ea, R -404A, 
R-407B, R -421B, R -
422A, R -422C, R -
422D, R -428A, R -
434A, R -507A  Prohibited as of 
September 1, 2018  
Retail food 
refrigeration 
equipment  Supermarket 
systems (retrofit)  R-404A, R -407B, R -
421B, R -422A, R -
422C, R -422D, R -
428A, R -434A, R -
507A  Prohibited as of 
September 1, 2018  
Retail food 
refrigeration 
equipment  Remote 
condensing units 
(new)  HFC-227ea, R -404A, 
R-407B, R -421B, R -
422A, R -422C, R -
422D, R -428A, R -
434A, R -507A  Prohibited as of 
September 1, 2018  
Retail food 
refrigeration 
equipment  Remote 
condensing units 
(retrofit)  R-404A, R -407B, R -
421B, R -422A, R -
422C, R -422D, R -
428A, R -434A, R -
507A  Prohibited as of 
September 1, 2018  Appendix A    A.7 
 General End -use Specific End -use Substitute  Status and 
Effective Date  
Retail food 
refrigeration 
equipment  Stand -alone 
medium -
temperature units 
with a compressor 
capacity below 
2,200 Btu/hr and 
not containing a 
flooded evaporator 
(new)  FOR12A, FOR12B, 
HFC-134a, HFC -
227ea, KDD6, R -
125/290/134a/600a 
(55.0/1.0/42.5/1.5), R -
404A, R -407A, R -
407B, R -407C, R -
407F, R -410A, R -
410B, R -417A, R -
421A, R -421B, R -
422A, R -422B, R -
422C, R -422D, R -
424A,  R-426A, R -
428A, R -434A, R -
437A, R -438A, R -
507A, RS -24 (2002 
formulation), RS -44 
(2003 formulation), 
SP34E, THR -03 Prohibited as of 
January 1, 2019  
Retail food 
refrigeration 
equipment  Stand -alone 
medium -
temperature units 
with a compressor 
capacity below 
2,200 Btu/hr and 
containing a 
flooded evaporator 
(new)  FOR12A, FOR12B, 
HFC-134a, HFC -
227ea, KDD6, R -
125/290/134a/600a 
(55.0/1.0/42.5/1.5), R -
404A, R -407A, R -
407B, R -407C, R -
407F, R -410A, R -
410B, R -417A, R -
421A, R -421B, R -
422A, R -422B, R -
422C, R -422D, R -
424A, R-426A, R -
428A, R -434A, R -
437A, R -438A, R -
507A, RS -24 (2002 
formulation), RS -44 
(2003 formulation), 
SP34E, THR -03 Prohibited as of 
January 1, 2020  Appendix A    A.8 
 General End -use Specific End -use Substitute  Status and 
Effective Date  
Retail food 
refrigeration 
equipment  Stand -alone 
medium -
temperature units 
with a compressor 
capacity equal  to 
or greater than 
2,200 Btu/hr (new)  FOR12A, FOR12B, 
HFC-134a, HFC -
227ea, KDD6, R -
125/290/134a/600a 
(55.0/1.0/42.5/1.5), R -
404A, R -407A, R -
407B, R -407C, R -
407F, R -410A, R -
410B, R -417A, R -
421A, R -421B, R -
422A, R -422B, R -
422C, R -422D, R -
424A, R -426A, R -
428A, R-434A, R -
437A, R -438A, R -
507A, RS -24 (2002 
formulation), RS -44 
(2003 formulation), 
SP34E, THR -03 Prohibited as of 
January 1, 2020  
Retail food 
refrigeration 
equipment  Stand -alone low -
temperature units 
(new)  HFC-227ea, KDD6, 
R-125/290/134a/600a 
(55.0/1. 0/42.5/1.5), R -
404A, R -407A, R -
407B, R -407C, R -
407F, R -410A, R -
410B, R -417A, R -
421A, R -421B, R -
422A, R -422B, R -
422C, R -422D, R -
424A, R -428A, R -
434A, R -437A, R -
438A, R -507A, RS -44 
(2003 formulation)  Prohibited as of 
January 1, 2020  
Retail food 
refrigeration 
equipment  Stand -alone units 
(retrofit)  R-404A, R -507A  Prohibited as of 
September 1, 2018  Appendix A    A.9 
 General End -use Specific End -use Substitute  Status and 
Effective Date  
Vending machines  Vending machines 
(new)  FOR12A, FOR12B, 
HFC-134a, KDD6, R -
125/290/134a/600a 
(55.0/1.0/42.5/1.5), R -
404A, R -407C, R -
410A, R -410B, R-
417A, R -421A, R -
422B, R -422C, R -
422D, R -426A, R -
437A, R -438A, R -
507A, RS -24 (2002 
formulation), SP34E  Prohibited as of 
January 1, 2019  
Vending machines  Vending machines 
(retrofit)  R-404A, R -507A  Prohibited as of 
September 1, 2018  
Retail food 
refrigeration 
equipment  Refrigerated food 
processing and 
dispensing 
equipment (new)  HFC-227ea, KDD6, 
R-125/290/134a/600a 
(55.0/1.0/42.5/1.5), R -
404A, R -407A, R -
407B, R -407C, R -
407F, R -410A, R -
410B, R -417A, R -
421A, R -421B, R -
422A, R -422B, R -
422C, R -422D, R -
424A, R -428A, R -
434A, R -437A, R -
438A, R -507A, RS -44 
(2003 formulation)  Prohibited as of 
January 1, 2021  
  
  
Foams  Rigid polyurethane 
and 
polyisocyanurate 
laminated 
boardstock  HFC-134a, HFC -
245fa, HFC -365mfc 
and blends thereof  
Prohibited as of 
September 1, 2018  Flexible 
polyurethane  HFC-134a, HFC -
245fa, HFC -365mfc, 
and blends thereof  
Integral skin 
polyurethane  HFC-134a, HFC -
245fa, HFC -365mfc, 
and blends thereof; 
Formacel TI, and 
Formacel Z -6 Appendix A    A.10 
 General End -use Specific End -use Substitute  Status and 
Effective Date  
  Polystyrene 
extruded sheet  HFC-134a, HFC -
245fa, HFC -365mfc, 
and blends thereof; 
Formacel TI, and 
Formacel Z -6   
  Phenolic  insulation 
board and 
bunstock  HFC-143a, HFC -
134a, HFC -245fa, 
HFC-365mfc, and 
blends thereof    
 
NOTE: Authority: Sections 38510, 38598, 38560, 38562, 38566, 38580, 39600, 39601, 
39730.5, and 41511, Health and Safety Code.  Reference: Sections 38510, 38598, 
38560, 38562, 38566, 38580, 39600, 39601, 39730, 39730.5, and 41511, Health and 
Safety Code.  
§ 95375.  Requirements.  
(a) Prohibitions . As of the effective date listed in Table 1, section 95374 of this 
subarticle , no person may sell, install, use, or enter into commerce, in the State of 
California, any listed substitute for use in end -uses listed as prohibited in Table 1, 
section 95374 of this subarticle.  
(b) Exceptions .  The effective date for foam end -uses iden tified in Table 1, section 
95374 of this subarticle is extended to January 1, 2022 for military or space - and 
aeronautics -related end -uses where reasonable efforts have been made to ascertain 
that other alternatives are not technically feasible due to perf ormance or safety 
requirements.   
(c) Disclosure and Recordkeeping for Refrigeration End -Use Categories.  
(1) Disclosure Statement .  As of the effective date of this subarticle, any person who 
sells or enters into commerce, new refrigeration equipment , in the State of California, 
must provide a written disclosure to the buyer as part of the sales transaction and 
invoice. The required written disclosure must state: “ This equipment  is designed for use 
with California compliant refrigerants and may only be used  in California with California 
compliant refrigerants in accordance with California Code of Regulations, title 17, 
section 95374. This disclosure statement has been reviewed and approved by [THE 
COMPANY] and [THE COMPANY] attests, under penalty of perjury,  that these 
statements are true and accurate .” 
(2) Recordkeeping .  As of the effective date of this subarticle, any person who sells or 
places into commerce, new refrigeration equipment , in the State of California, must Appendix A    A.11 
 maintain for five years and make ava ilable, upon request by the California Air 
Resources Board’s Executive Officer, a copy of the following records:  
(A) Name, address, telephone number, and email address of the person purchasing the 
equipment . 
(B) Model and serial number of the equipment .  When the affected equipment  is part of 
an assembly without an individual serial number, the serial number of each component 
must be recorded.  If a component or equipment  does not have an individual serial 
number or the serial number is inaccessible after assembly the physical description 
must be recorded in enough detail for positive identification.  
(C) Date of manufacture of the equipment . 
(D) Date of sale of the equipment . 
(E) The refrigerants which may be legally used in the equipment . 
(F) The refrigerant and full charge capacity of the equipment . 
(G) The complete invoice containing the disclosure statement.  
(d) Disclosure and Recordkeeping for Foam End -Use Categories.   
(1) Disclosure Statement .  As of the effective date of this subarticle, any person who 
manufactures for sale or enters into commerce in the State of California any foam 
system in an end -use category listed in Table 1, section 95374 of this subarticle, must 
provide a written disclosure to the buyer as part of the sa les transaction and invoice. 
The required written disclosure must state: “ The blowing agent in this foam system is a 
California compliant blowing agent in accordance with California Code of Regulations, 
title 17, section 95374. This disclosure statement ha s been reviewed and approved by 
[THE COMPANY] and [THE COMPANY] attests, under penalty of perjury, that these 
statements are true and accurate .” 
(2) Recordkeeping .  As of the effective date of this subarticle, any person who sells or 
places into commerce i n the State of California, a foam system in any end -use category 
as listed in Table 1, section 95374 of this subarticle, must maintain for five years and 
make available, upon request by the California Air Resources Board’s Executive Officer, 
a copy of the following records:  
(A) Name, address, telephone number, and email address of the person purchasing the 
foam system.  
(B) The type of foam end -use category.  Appendix A    A.12 
 (C) Date of manufacture of the foam system.  
(D) Date of sale of the foam system.  
(E) The blowing age nt used in the foam system.  
(F) The complete invoice containing the disclosure statement.  
NOTE: Authority: Sections 38510, 38598, 38560, 38562, 38566, 38580, 39600, 39601, 
39607, 39730.5, and 41511, Health and Safety Code.  Reference: Sections 38510, 
38598,  38560, 38562, 38566, 38580, 39600, 39601, 39730, 39730.5, and 41511, 
Health and Safety Code.  
§ 95376.  Enforcement.  
(a) Failure to comply with any requirement of this subarticle constitutes a separate 
violation of this subarticle, including but not limited  to failure to retain or produce any 
records.  
(b) Submitting or producing inaccurate information or record required to be submitted or 
retained by this subarticle constitutes a separate violation of this subarticle.  
(c) Falsifying any information or reco rd required to be submitted or retained by this 
subarticle constitutes a separate violation of this subarticle.  
(d) Violations of this subarticle are subject to penalties under the Health and Safety 
Code section 38580.  
(e) Any violation of this subarticl e may be enjoined pursuant to the Health and Safety 
Code section 41513.  
NOTE: Authority: Sections 38510, 38598, 38560, 38562, 38566, 38580, 39600, 39601, 
39730.5, an d 41511, Health and Safety Code.  Reference: Sections 38510, 38598, 
38560, 38562, 38566, 385 80, 39600, 39601, 39730, 39730.5, and 41511, Health and 
Safety Code.  
§ 95377.  Severability.  
Each part of this subarticle shall be deemed severable, and in the event that any 
provision of this subarticle is held to be invalid, the remainder of this subartic le shall 
continue in full force and effect.  
NOTE: Authority: Sections 38510, 38598, 38560, 38562, 38566, 38580, 39600, 39601, 
39730.5, an d 41511, Health and Safety Code.  Reference: Sections 38510, 38598, 
38560, 38562, 38566, 38580, 39600, 39601, 39730, 39730.5, and 41511, Health and 
Safety Code.