FINAL REGULATION ORDER 

REGULATION FOR THE MANAGEMENT OF HIGH GLOBAL WARMING 

POTENTIAL REFRIGERANTS FOR STATIONARY SOURCES 

Adopt new Subarticle 5.1, sections 95380 to 95398 in Division 3, Chapter 1, 

Subchapter 10, Article 4, title 17, California Code of Regulations, to read as 

follows: 

(Note: The entire text of sections 95380 to 95398 set forth below is new language 

to be added to the California Code of Regulations.) 

Subarticle 5.1: MANAGEMENT OF HIGH GLOBAL WARMING POTENTIAL 

REFRIGERANTS FOR STATIONARY SOURCES 

§ 95380. Purpose. 

The purpose of this subarticle is to reduce emissions of high global warming 

potential refrigerants from stationary, non-residential refrigeration equipment and 

from the installation and servicing of stationary refrigeration and air-conditioning 

appliances using high-GWP refrigerants. 

NOTE: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 

39601, and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 

38562, 38563, 38580, 38597, 39600, 39601, and 41511, Health and Safety Code. 

§ 95381. Applicability. 

(a) This subarticle applies to any person who owns or operates a stationary 

refrigeration system, as defined in this subarticle. This subarticle also applies to 

any person who installs, repairs, maintains, services, replaces, recycles, or 

disposes of a stationary refrigeration or air-conditioning appliance, and to any 

person who distributes or reclaims refrigerants with high global warming potential. 

(b) The provisions of this subarticle do not apply to tactical support equipment. 

NOTE: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 

39601, and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 

38562, 38563, 38580, 38597, 39600, 39601, and 41511, Health and Safety Code. 
2

§ 95382. Definitions. 

(a) For the purposes of this subarticle, the following definitions shall apply:

(1) “Additional refrigerant charge” means the quantity, in pounds, of refrigerant 

added to a refrigeration system or appliance in order to bring the system to a full 

charge. “Additional refrigerant charge” does not include an initial refrigerant 

charge. 

(2) “Air-conditioning” means any stationary, non-residential appliance, including a 

computer-room air conditioner, that provides cooling to a space to an intended 

temperature of not less than 68o

F for the purpose of cooling objects or occupants. 

(3) “Air district” means an air quality management district or air pollution control 

district created or continued in existence under Health and Safety Code sections 

40000-41357. 

(4) “Air Pollution Control Officer” or “APCO" means the appointed head of a local 

air quality management district or air pollution control district whose appointment 

and duties are set forth in Health and Safety Code sections 40750-40753. 

(5) “Appliance” means any device which contains and uses a high-GWP 

refrigerant, including any air conditioner, refrigerator, chiller, freezer, or 

refrigeration system. 

(6) “Automatic leak detection system” means a calibrated device using continuous 

monitoring for detecting leakage of refrigerants that on detection, alerts the 

operator, and may be either: 

(A) A direct system that automatically detects the presence in air of 

refrigerant leaked from a refrigeration system; or 

(B) An indirect system that automatically interprets measurements (e.g. 

temperature or pressure) within a refrigeration system that indicate a 

refrigerant leak (e.g., in refrigerated cases and other locations in the 

system) and alerts the operator to the presence of a refrigerant leak. 

(7) “Certified reclaimer” means a person who is a certified reclaimer in accordance 

with Title 40 of the Code of Federal Regulations, Part 82, §82.164. 

(8) “Certified refrigerant recovery or recycling equipment” means any refrigerant 

recovery or recycling equipment that meets the standards specified in Title 40 of 

the Code of Federal Regulations, Part 82, §82.152 (as amended April 13, 2005). 

(9) “Certified technician” means a person who holds a current, valid, and 

applicable certificate pursuant to Title 40 of the Code of Federal Regulations, Part 

82, §82.40 or §82.161. 
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(10) “Change of ownership” means a transfer of the title of a facility subject to this 

subarticle. 

(11) “Chlorofluorocarbon” or “CFC” means a class of compounds primarily used as 

refrigerants, consisting of only chlorine, fluorine, and carbon. 

(12) “Commercial refrigeration” means a refrigeration appliance utilized in the retail 

food and cold storage warehouse sectors. “Retail food” includes the refrigeration 

equipment found in supermarkets, convenience stores, restaurants and other food 

service establishments. “Cold storage” includes the equipment used to store meat, 

produce, dairy products, and other perishable goods. 

(13) “Component” means a part of a refrigeration system or appliance (including 

condensing units, compressors, condensers, evaporators, receivers) and all of its 

connections and subassemblies, without which the refrigeration system or 

appliance will not properly function or will be subject to failures. 

(14) "Computer-room air conditioner" means a central air conditioner specifically 

designed for use in data processing areas, maintaining an ambient temperature of 

approximately 72oF and a relative humidity of approximately 52 percent. 

(15) “Continuous monitoring” means measuring the ambient concentration of 

refrigerant using electronic or mechanical sensors or interpreting measurements 

(e.g. temperature or pressure) within a refrigeration system that indicate a 

refrigerant leak in real time. 

(16) “Detected refrigerant leak” means a refrigerant leak that is known to the 

owner or operator, or should reasonably have been known to the owner or 

operator. 

(17) “Direct emissions” means high-GWP refrigerant emissions from a facility that 

are emitted by refrigeration systems under the operational control of a facility 

owner or operator. Direct emissions are calculated as the total weight in pounds 

of each type of high-GWP refrigerant that was charged into a refrigeration system 

minus the total weight in pounds of each type of high-GWP refrigerant that was 

recovered from a refrigeration system, as reported in the annual Facility Stationary 

Refrigeration report pursuant to section 95388. 

(18) “Enclosed building or structure" means a building or structure with a roof and 

walls that prevent wind from entering the facility. 

(19) “Equipment type” means commercial refrigeration, industrial process 

refrigeration, or other refrigeration. 

(20) “Executive Officer” means the Executive Officer of the California Air 

Resources Board, or his or her delegate. 
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(21) “Facility” means any property, plant, building, structure, stationary source, 

stationary equipment or grouping of stationary equipment or stationary sources 

located on one or more contiguous or adjacent properties, in actual physical 

contact or separated solely by a public roadway or other public right-of way, and 

under common operational control, that includes one or more refrigeration systems 

or appliance subject to this subarticle. Operators of military installations may 

classify such installations as more than a single facility based on distinct and 

independent functional groupings within contiguous military properties. 

(22) “Facility identification number” means a unique identification number provided 

by the Executive Officer for each facility with one or more refrigeration systems in 

operation, pursuant to section 95383. 

(23) “Follow-up verification test” means those tests that involve checking the 

repairs within 30 days of the refrigeration system’s returning to normal operating 

characteristics and conditions. “Follow-up verification tests” for a refrigeration 

system from which the refrigerant charge has been evacuated means a test 

conducted after the refrigeration system or portion of the refrigeration system has 

resumed operation at normal operating characteristics and conditions of 

temperature and pressure, except in cases where sound professional judgment 

dictates that these tests will be more meaningful if performed prior to the return to 

normal operating characteristics and conditions. “Follow-up verification test” for a 

refrigeration system from which the refrigerant charge has not been evacuated 

means a reverification test conducted after the initial verification test and usually 

within 30 days of returning to normal operating characteristics and conditions. 

Where a refrigeration system is not evacuated, it is only necessary to complete 

any required changes to return the refrigeration system to normal operating 

characteristics and conditions. 

(24) “Full charge”, “optimal charge”, or “critical charge” means the amount of 

refrigerant required in the refrigerant circuit for normal operating characteristics 

and conditions of a refrigeration system or appliance, as determined by using one 

of the following three methods: 

(A) Use of the equipment manufacturer's specifications of the full charge; 

(B) Use of calculations based on component sizes, density of refrigerant, 

volume of piping, seasonal variances, and other relevant considerations; or 

(C) The midpoint of an established range for full charge based on the best 

available data regarding the normal operating characteristics and conditions 

for the system. 

(25) “Global warming potential” or “GWP” means the radiative forcing impact of 

one mass-based unit of a given greenhouse gas relative to an equivalent unit of 

carbon dioxide over a given period of time. 
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(26) “Global warming potential value” or “GWP value” means the 100-yr GWP 

value first published by the Intergovernmental Panel on Climate Change (IPCC) in 

its Second Assessment Report (SAR) (IPCC, 1995); or if a 100-yr GWP value was 

not specified in the IPCC SAR, it means the GWP value published by the IPCC in 

its Fourth Assessment A-3 Report (AR4) (IPCC, 2007); or if a 100-yr GWP value 

was not specified in the IPCC AR4, then the GWP value will be determined by the 

Executive Officer based on data, studies and/or good engineering or scientific 

judgment. Both the 1995 IPCC SAR values and the 2007 IPCC AR4 values are 

published in table 2.14 of the 2007 IPCC AR4, which table is incorporated by 

reference herein. The SAR GWP values are found in column “SAR (100-yr)” of 

Table 2.14.; the AR4 GWP values are found in column “100 yr” of Table 2.14.” 

(27) “High-GWP refrigerant” means a compound used as a heat transfer fluid or 

gas that is: (A) a chlorofluorocarbon, a hydrochlorofluorocarbon, a 

hydrofluorocarbon, a perfluorocarbon, or any compound or blend of compounds, 

with a GWP value equal to or greater than 150, or (B) any ozone depleting 

substance as defined in Title 40 of the Code of Federal Regulations, Part 82, 

§82.3 (as amended March 10, 2009). 

(28) “Hydrochlorofluorocarbon” or “HCFC” means a class of compounds primarily 

used as refrigerants, consisting of only hydrogen, chlorine, fluorine, and carbon. 

(29) “Hydrofluorocarbon” or “HFC” means a class of compounds primarily used as 

refrigerants, consisting of only hydrogen, fluorine, and carbon. 

(30) “Indirect emissions“ means any emissions that are a consequence of the 

activities of a facility but occur at sources owned or controlled by another person 

related to energy consumed for electricity, heat, steam, and cooling. 

(31) “Industrial process refrigeration” means complex customized appliances used 

in the chemical, pharmaceutical, petrochemical and manufacturing industries that 

are directly linked to the industrial process. “Industrial process refrigeration” 

includes industrial ice machines, appliances used directly in the generation of 

electricity, and ice rinks. Where one appliance is used for both industrial process 

refrigeration and other applications, it will be considered industrial process 

refrigeration equipment if 50 percent or more of its operating capacity is used for 

industrial process refrigeration. 

(32) “Industrial process shutdown” means that an industrial process or facility 

temporarily ceases to operate or manufacture whatever is being produced at that 

facility. 

(33) “Initial refrigerant charge” means the quantity, in pounds, of high-GWP 

refrigerant added to a refrigeration system or appliance in order to bring the 

system to a full charge upon initial installation of a refrigeration system or 

appliance. 
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(34) “Initial verification test” means a leak test that is conducted as soon as 

practicable after the repair is completed. “Initial verification test” with regard to leak 

repairs that require the evacuation of the refrigeration system or portion of the 

refrigeration system, means a test conducted prior to the replacement of the full 

charge and before the refrigeration system or portion of the refrigeration system 

has reached operation at normal operating characteristics and conditions of 

temperature and pressure. “Initial verification test” with regard to repairs conducted 

without the evacuation of the full charge means a test conducted as soon as 

practicable after the conclusion of the repair work. 

(35) “Intended to be operated year round” means a refrigeration system at a facility 

that is not a seasonal facility. 

(36) “Leak inspection” means an inspection of a refrigeration system to detect a 

leak of a high-GWP refrigerant. 

(37) “Low temperature refrigeration system” means a commercial or industrial 

process refrigeration system used for frozen products. 

(38) “Medium temperature refrigeration system” means a commercial or industrial 

process refrigeration system used for chilled products. 

(39) “Newly constructed” means a facility that is not yet operational, or that has 

been operational for less than 6 months. 

(40) “Non-certified technician” means a person who installs, maintains, services, 

repairs, modifies, or disposes of refrigeration or air-conditioning appliances that 

does not hold a current, valid, and applicable certificate pursuant to Title 40 of the 

Code of Federal Regulations, Part 82, §82.161. 

(41) “Non-refillable cylinder” means a cylinder with a refrigerant capacity of two 

pounds or greater that is designed not to be refilled and is used in the servicing, 

maintenance or filling of a refrigeration system, appliance, motor vehicle airconditioning system, or heat pump equipment. 

(42) “Normal operating characteristics and conditions” means a refrigeration 

system operating temperatures, pressures, fluid flows, speeds, and other 

characteristics, including full charge of the refrigeration system that would be 

expected for a given process load and ambient condition during operation. Normal 

operating characteristics and conditions are marked by the absence of atypical 

conditions affecting the operation of the refrigeration system. 

(43) “Operating” means the use of a refrigeration system for cooling or freezing. A 

refrigeration system is considered to be operating or in operation for the entirety of 

any calendar month where it is used for cooling or freezing in any manner for more 

than a total of 24 hours. 

(44) “Operator” means the entity having operational control of a facility. 
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(45) “Other refrigeration” means any stationary, non-residential appliance that is 

used for an application other than industrial process refrigeration, commercial 

refrigeration, or air-conditioning, or is used for two or more applications including 

industrial process refrigeration, commercial refrigeration, or air-conditioning. 

(46) “Owner” means the entity having title of the facility which is subject to this 

subarticle. 

(47) “Perfluorocarbon” or “PFC” means a class of compounds consisting only of 

carbon and fluorine. 

(48) “Person” means any person, firm, association, organization, partnership, 

business trust, corporation, limited liability company, company, federal, state, or 

local governmental agency or public district. 

(49) “Reclaim” means to reprocess refrigerant to all of the specifications specified 

in Title 40, Code of Federal Regulations, Part 82, §82.152 (as amended 

April 13, 2005). 

(50) “Recover” means to remove refrigerant in any condition from an appliance 

and to store it in an external container without necessarily testing or processing it 

in any way. 

(51) “Recycle” means to extract refrigerant from an appliance and clean refrigerant 

for reuse without meeting all of the requirements for reclamation. In general, 

recycled refrigerant is refrigerant that is cleaned using oil separation and single or 

multiple passes through devices, such as replaceable core filter-driers, which 

reduce moisture, acidity, and particulate matter. 

(52) “Refillable cylinder” means a cylinder with a refrigerant capacity of two pounds 

or greater that is designed to be refilled and is used in the servicing, maintenance 

or filling of a refrigeration system, appliance, motor vehicle air-conditioning system, 

or heat pump equipment. 

(53) “Refrigerant circuit” means the parts of a refrigeration system that are 

normally connected to each other (or are separated by isolation valves) and are 

designed to contain a high-GWP refrigerant. A single refrigerant circuit is defined 

by all piping and components that use refrigerant from a common reservoir of a 

high-GWP refrigerant. 

(54) “Refrigerant distributor or wholesaler” means a person to whom a product is 

delivered or sold for purposes of export, subsequent resale, or delivery to a 

certified technician, employer of a certified technician, appliance manufacturer, or 

another refrigerant distributor or wholesaler. “Refrigerant distributor or wholesaler” 

includes any person who imports refrigerant from outside of this state to distribute 

or sell refrigerant to a certified technician, employer of a certified technician, 

appliance manufacturer, or another refrigerant distributor or wholesaler, or who 

acts as an agent or broker in buying refrigerant. 
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(55) “Refrigerant leak” means any discharge of refrigerant into the atmosphere 

from an appliance, certified refrigerant recovery or recycling equipment, refrigerant 

cylinder, or other container. 

(56) “Refrigerant leak detection device” means a device that can be calibrated to 

accurately detect and measure the ambient concentration of refrigerant at a 

minimum concentration level of 10 parts per million of vapor of a specific 

refrigerant or selection of refrigerants. 

(57) “Refrigeration system” means stationary, non-residential equipment that is an 

industrial process refrigeration, commercial refrigeration, or other refrigeration 

appliance with a single refrigerant circuit that requires more than 50 pounds of any 

combination of high-GWP refrigerant to maintain normal operating characteristics 

and conditions. “Refrigeration system” does not include an air-conditioning 

appliance. A single refrigeration system is defined by a single refrigerant circuit. 

(58) “Residential” means a residential dwelling containing four or fewer dwelling 

units on one lot or parcel. 

(59) “Retire” means the permanent removal from service of a refrigeration system, 

or component, rendering it unfit for use by the current or any future owner or 

operator. 

(60) “Retrofit” means the replacement of the refrigerant used in a refrigeration 

system with a refrigerant approved under the Significant New Alternatives Policy 

(SNAP) program pursuant to Title 40 of the Code of Federal Regulations, Part 82, 

§82.170, or a refrigerant approved by the Executive Officer, and related 

refrigeration system changes required to maintain the refrigeration system 

operation and reliability following refrigerant replacement. 

(61) “Seasonal adjustment” means the need to add refrigerant to a refrigeration 

system due to a change in ambient conditions caused by a change in season, 

followed by the subsequent removal of refrigerant in the corresponding change in 

season, where both the addition and removal of refrigerant occurs within one 

consecutive 12-month period after the initial installation of a refrigeration system or 

a repair of a refrigeration system requiring evacuation or partial evacuation of the 

refrigerant circuit. 

(62) “Seasonal facility” means a facility where the purpose of the refrigeration 

system(s) at a facility ceases to be required during certain seasons of the year. 

(63) “Stationary” means meeting at least one of the following conditions: 

(A) Is installed in a building, structure, or facility. 

(B) Is attached to a foundation, or if not so attached, will reside at the same 

location for more than 12 consecutive months. 
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(C) Is located at the same single location on a permanent basis (at least 

two consecutive years) and that operates at that single location at least 

three months each year. 

(64) “System identification number” means a unique identification number for each 

refrigeration system at a facility. The system identification number is comprised of 

the facility identification number followed by a hyphen, followed by a three digit 

number starting at 001 sequentially assigned to each unique refrigeration system 

at a facility. For example, if a facility has a facility identification number of 

ARB000001, then the system identification number for the first refrigeration system 

would be ARB000001-001. 

(65) “System mothballing” means the intentional shutting down of a refrigeration 

system for a period of time greater than 60 days by the owners or operators of that 

facility, where the refrigerant has been evacuated from the refrigeration system or 

the affected component of the refrigeration system, at least to atmospheric 

pressure. 

(66) “Tactical support equipment” means equipment that meets military 

specifications, owned by the U.S. Department of Defense, the U.S. military 

services, or its allies, and used in combat, combat support, combat service 

support, tactical or relief operations, or training for such operations. 

(67) “Temperature classification” means low temperature refrigeration system, 

medium temperature refrigeration system, or other. 

(68) “Topping off” means adding refrigerant to a refrigeration system or appliance 

in order to bring the system to a full charge. 

(69) Total Evaporator Cooling Load” means the total cooling in British thermal 

units (Btus) per hour required to maintain a facility’s refrigeration systems at the 

temperature for which they are designed. The total cooling for the evaporator 

cooling load does not include the cooling load of a facility’s heating, ventilation, 

and air-conditioning systems, sub-cooling, heat of rejection, or pump heat. 

(70) “U.S. EPA” means the United States Environmental Protection Agency. 

NOTE: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 

39601, and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 

38562, 38563, 38580, 38597, 39600, 39601, and 41511, Health and Safety Code. 

§ 95383. Registration Requirements for Facilities with Stationary 

Refrigeration Systems. 

(a) Refrigeration Systems with a Full Charge Greater Than or Equal to 2,000 

Pounds. On or before March 1, 2012, the owner or operator of a facility with a 
10

refrigeration system that begins operation before January 1, 2012, with a full 

charge greater than or equal to 2,000 pounds of a high-GWP refrigerant, must 

register with the Executive Officer by providing the information specified in 

subsection (e). The owner or operator of a facility with a refrigeration system that 

begins operation on or after January 1, 2012, with a full charge greater than or 

equal to 2,000 pounds of a high-GWP refrigerant, must register with the Executive 

Officer by March 1 of the calendar year after the calendar year in which the 

refrigeration system begins operating at the facility. 

(b) Refrigeration Systems with a Full Charge Greater Than or Equal to 200 

Pounds, but Less Than 2,000 Pounds. On or before March 1, 2014, the owner or 

operator of a facility with a refrigeration system that begins operation before 

January 1, 2014, with a full charge greater than or equal to 200 pounds, but less 

than 2,000 pounds, of a high-GWP refrigerant must register with the Executive 

Officer by providing the information specified in subsection (e). The owner or 

operator of a facility with a refrigeration system that begins operation on or after 

January 1, 2014, with a full charge greater than or equal to 200 pounds, but less 

than 2,000 pounds, of a high-GWP refrigerant must register with the Executive 

Officer by March 1 of the calendar year after the calendar year in which the 

refrigeration system begins operating at the facility. 

(c) Refrigeration Systems with a Full Charge Greater Than 50 Pounds, but Less 

Than 200 Pounds. On or before March 1, 2016, the owner or operator of a facility 

with a refrigeration system that begins operation before January 1, 2016, with a full 

charge greater than 50 pounds, but less than 200 pounds, of a high-GWP 

refrigerant, must register with the Executive Officer by providing the information 

specified in subsection (e). The owner or operator of a facility with a refrigeration 

system that begins operation on or after January 1, 2016, with a full charge greater 

than 50 pounds, but less than 200 pounds, of a high-GWP refrigerant must 

register with the Executive Officer by March 1 of the calendar year after the 

calendar year in which the refrigeration system begins operating at the facility. 

(d) New Owners of Facilities. If there is a change of ownership of a facility that has 

been registered pursuant to this section, the new owner or operator, by March 1 of 

the calendar year after the change of ownership has occurred, must register with 

the Executive Officer by providing the information specified in subsection (e). 

(e) Registration Information Requirements. To register, the owner or operator must 

provide the following information to the Executive Officer: 

 (1) Facility information: 

(A) Name of operator. 

(B) Operator Federal Tax Identification Number. 

(C) Facility North American Industry Classification System (NAICS) 

Business Type Code based on the 2007 NAICS United States 

structure. 

(D) Facility Standard Industrial Classification (SIC) code. 
11

(E) Name of facility, including a facility identifier such as store 

number. 

(F) Facility mailing address including a street address, city, state, 

and zip code. 

(G) Facility physical location address including a street address, city, 

state, and zip code. 

(H) Facility contact person. 

(I) Facility contact person phone number. 

(J) Facility contact person e-mail address. 

(2) Refrigeration system information – provided for each refrigeration 

system: 

(A) System identification number (assigned by the facility owner or 

operator). 

(B) Equipment type. 

(C) Equipment manufacturer. 

(D) Equipment model or description. 

(E) Equipment model year. 

(F) Equipment serial number. The serial number(s) of the affected 

equipment or component must be recorded when present and 

accessible. When the affected equipment or component is part of an 

assembly without a serial number or does not have an individual 

serial number or is not accessible after assembly, the physical 

location of the affected equipment must be recorded in enough detail 

to permit positive identification. 

(G) Physical location of a refrigeration system through schematic or 

floor plan with equipment locations clearly noted. 

(H) Temperature classification – The refrigeration system must be 

identified as a low temperature system, a medium temperature 

system, or other. 

(I) Full charge of the refrigeration system. 

(J) Type of high-GWP refrigerant(s) used. 

(f) Change of Ownership Requirements. Before any change of ownership, a 

person selling a refrigeration system must insure that it is free of refrigerant leaks 

through a leak inspection performed by a certified technician. In addition, a person 

selling a refrigeration system that has been registered pursuant to this section 

must inform the buyer of the registration requirements specified in this section and 

must submit a change of ownership notification to the Executive Officer. The 

change of ownership notification must include the following information: 

(1) Seller information: 
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(A) Facility identification number. 

(B) Name of owner or operator. 

(C) Name of facility, including a facility identifier such as store 

number. 

(2) Buyer information: 

(A) Name of owner or operator. 

(B) Name of facility, including a facility identifier such as store 

number. 

(C) Facility mailing address including a street address, city, state, 

and zip code. 

(D) Facility contact person. 

(E) Facility contact person phone number. 

(F) Facility contact person e-mail address. 

NOTE: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 

39601, and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 

38562, 38563, 38580, 38597, 39600, 39601, and 41511, Health and Safety Code. 

§ 95384. Implementation Fees for Facilities with Stationary Refrigeration 

Systems. 

(a) Initial Implementation Fee Upon Registration. An implementation fee must be 

paid by each owner or operator of a facility with a refrigeration system with a full 

charge greater than or equal to 200 pounds of a high-GWP refrigerant. The fee is 

due and payable to the Executive Officer on the same date that the owner or 

operator is required to register pursuant to section 95383. The amount of the fee 

is specified in subsection (c). 

(b) Annual Implementation Fee. An annual implementation fee must be paid by 

each owner or operator of a facility with a refrigerator system with a full charge 

greater than or equal to 200 pounds of a high-GWP refrigerant. The annual fee is 

due and payable to the Executive Officer no later than March 1 of each calendar 

year after the calendar year in which registration is required under section 95383. 

The amount of the implementation fee is specified in subsection (c). 

(c) Amount of Implementation Fee. The amount of the initial and annual 

implementation fee is based on the refrigeration system with the largest full charge 

that is operating at the facility, and is as follows: 

(1) The initial and annual implementation fee for a facility with a refrigeration 

system with a full charge of 2,000 pounds or greater is $370. 
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(2) The initial and annual implementation fee for a facility with a refrigeration 

system with a full charge of 200 pounds or greater, but less than 2,000 

pounds is, $170. 

(d) Facilities Exempt from Paying Fees. Notwithstanding subsections (a), (b), (c), 

and (f) of this section, the owner or operator is not required to pay the initial or 

annual implementation fee for any calendar year if during the previous calendar 

year all of the refrigeration systems at the facility have been maintained using the 

following advanced strategies and practices to reduce refrigerant charges and 

emissions of ozone-depleting substances and greenhouse gases. 

(1) If the facility is not a newly constructed facility, all of the following 

criteria must be met: 

(A) The facility must use only refrigerants with zero ozone-depleting 

potential; and 

(B) The facility must use only refrigerants found acceptable by the 

U.S. EPA Significant New Alternatives Policy (SNAP) program 

pursuant to Title 40 of the Code of Federal Regulations, Part 82, 

§82.170 for the specific end use; and 

(C) The facility must achieve an average HFC full charge equal to or 

less than 1.25 lbs. of refrigerant per 1000 Btu per hour total 

evaporator cooling load; and 

(D) The facility must achieve a facility-wide annual refrigerant leak 

rate, as defined in Title 40 of the Code of Federal Regulations, Part 

82, §82.152 (as amended April 13, 2005), of 10% or less; and 

(E) The owner or operator must swear under penalty of perjury that 

the criteria specified in subsection (d)(1) have been met. 

(2) If the facility is a newly constructed facility, all of the following criteria 

must be met: 

(A) The facility must use only refrigerants with zero ozone-depleting 

potential; and 

(B) The facility must use only refrigerants found acceptable by the 

U.S. EPA Significant New Alternatives Policy (SNAP) program 

pursuant to Title 40 of the Code of Federal Regulations, Part 82, 

§82.170 for the specific end use; and 

(C) The facility must achieve an average HFC full charge equal to or 

less than 1.25 lbs. of refrigerant per 1000 Btu per hour total 

evaporator cooling load; and 

(D) The owner or operator must swear under penalty of perjury that 

the criteria specified in subsection (d)(2) have been met. 

(e) Upon request by an authorized representative of the Executive Officer 

including a local Air Pollution Control Officer, the owner or operator claiming that 

the facility meets the criteria of subsection (d) must provide documentation to 
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demonstrate that the criteria are met, and must provide a written statement as 

provided in subsection (d)(1)(E) or (d)(2)(D). 

(f) Summary of Requirements to Pay Implementation Fees. The following table 

summarizes the requirements of section 95384 to pay implementation fees. 

 Initial Implementation 

Fee Upon Registration 

Annual Implementation 

Fee 

Facilities with a 

refrigeration system that 

begin operation before

January 1, 2012 with a full 

charge of 2,000 pounds or 

greater. 

Amount: $370 

Due Date: The owner or 

operator must register 

and pay the fee by 

March 1, 2012. 

Amount: $370 

Due Date: Fee is due by 

March 1, 2013, and each 

year thereafter. 

Facilities with a 

refrigeration system that 

begin operation on or after

January 1, 2012 with a full 

charge of 2,000 pounds or 

greater. 

Amount: $370 

Due Date: The owner or 

operator must register 

and pay the fee by March 

1 of the calendar year 

after the refrigeration 

system begins operating. 

Amount: $370 

Due Date: By March 1 of 

the calendar year after the 

refrigeration system is 

required to be registered, 

and each year thereafter. 

Facilities with a 

refrigeration system that 

begin operation before

January 1, 2014 with a full 

charge of 200 pounds or 

greater, but less than 2,000 

pounds. 

Amount: $170 

Due Date: The owner or 

operator must register 

and pay the fee by 

March 1, 2014. 

Amount: $170 

Due Date: Fee is due by 

March 1, 2015, and each 

year thereafter. 

Facilities with a 

refrigeration system that 

begin operation on or after

January 1, 2014 with a full 

charge of 200 pounds or 

greater, but less than 2,000 

pounds. 

Amount: $170 

Due Date: The owner or 

operator must register 

and pay the fee by March 

1 of the calendar year 

after the refrigeration 

system begins operating. 

Amount: $170 

Due Date: By March 1 of 

the calendar year after the 

refrigeration system is 

required to be registered, 

and each year thereafter. 

(g) Fees collected pursuant to this section shall be deposited into the California 

Air Pollution Control Fund. 

NOTE: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 

39601, and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 

38562, 38563, 38580, 38597, 39600, 39601, and 41511, Health and Safety Code. 
15

§ 95385. Leak Detection and Monitoring Requirements for Facilities with 

Stationary Refrigeration Systems. 

(a) Refrigeration Systems with a Full Charge Greater Than or Equal to 2,000 

Pounds. The owner or operator of a refrigeration system with a full charge greater 

than or equal to 2,000 pounds of a high-GWP refrigerant must do the following: 

(1) (A) Except as provided in subsection (a)(1)(B), after January 1, 

2011, the owner or operator of a refrigeration system that operates 

year round, or is intended to be operated year round, must conduct a 

leak inspection of the refrigeration system monthly using a refrigerant 

leak detection device, a bubble test, or observation of oil residue if: 

1. The refrigerant circuit is located entirely within an enclosed 

building or structure, or 

2. The compressor, evaporator, condenser, or any other 

component of the refrigeration system(s) with a high potential 

for a refrigerant leak is located inside an enclosed building or 

structure. 

(B) A monthly leak inspection of the refrigeration system is not 

required pursuant to subsection (a)(1)(A) if an automatic leak 

detection system meeting the specifications provided in subsections 

95385(a)(5) or 95385(a)(6) is used to monitor the refrigeration 

system. 

(2) By January 1, 2012, the owner or operator of a refrigeration system, that 

operates year round, or is intended to be operated year-round, must install 

an automatic leak detection system if: 

(A) The refrigerant circuit is located entirely within an enclosed 

building or structure, or 

(B) The compressor, evaporator, condenser, or any other component 

of the refrigeration system(s) with a high potential for a refrigerant 

leak is located inside an enclosed building or structure. 

(3) After January 1, 2011, the owner or operator of a refrigeration system 

that does not operate with the refrigerant circuit located entirely within an 

enclosed building or structure must conduct a leak inspection once every 

three months using a calibrated refrigerant leak detection device, a bubble 

test, or observation of oil residue of all refrigerant circuit components that 

are not located within an enclosed building or structure or that are not 

monitored using an automatic leak detection system meeting the 

specifications provided in subsections 95385(a)(5) or 95385(a)(6). 

(4) If a facility has installed an automatic leak detection system which 

directly detects the presence in air of a high-GWP refrigerant, sensors or 

intakes must be placed so that they will continuously monitor the refrigerant 
16

concentrations in air in proximity of the compressor, evaporator, condenser, 

and other areas with a high potential for a refrigerant leak. 

(5) If a facility has installed an automatic leak detection system which 

detects the presence in air of a high-GWP refrigerant, the owner or operator 

must annually audit and calibrate the system using manufacturer 

recommended procedures, so that it: 

(A) Accurately detects a concentration level of 10 parts per million of 

vapor of the specific refrigerant or refrigerants used in the 

refrigeration system(s), and 

(B) Alerts the operator when a refrigerant concentration of 100 parts 

per million of vapor of the specific refrigerant or refrigerants used in 

the refrigeration system(s) is reached. 

(6) If a facility has installed an automatic leak detection system that 

automatically interprets measurements to indicate a refrigerant leak, the 

owner or operator must annually audit and calibrate the system, so that it 

will automatically alert the operator when measurements indicate a loss of 

refrigerant of 50 pounds or 10 percent of the refrigeration system full 

charge, whichever is less. 

(7) If an automatic leak detection system alerts the owner or operator 

pursuant to subsections 95385(a)(5) or 95385(a)(6), the owner or operator 

must ensure that a leak inspection is conducted within 24 hours after the 

system alert. The leak inspections must be conducted using a calibrated 

refrigerant leak detection device or a bubble test to confirm a refrigerant 

leak and determine the refrigerant leak location(s). 

(b) Refrigeration Systems with a Full Charge Greater Than or Equal to 200 

Pounds, but Less Than 2,000 Pounds. After January 1, 2011, the owner or 

operator of a refrigeration system with a full charge greater than or equal to 200 

pounds, but less than 2,000 pounds, of a high-GWP refrigerant, and that is 

intended to be operated year round, must conduct a leak inspection of the 

refrigeration system once every three months. The leak inspection must be 

conducted using a calibrated refrigerant leak detection device, a bubble test, or 

observation of oil residue. A leak inspection of the refrigeration system is not 

required pursuant to this subsection (b) if an automatic leak detection system 

meeting the specifications provided in subsections 95385(a)(5) or 95385(a)(6) is 

used to monitor the refrigeration system. 

(c) Refrigeration Systems with a Full Charge Greater Than 50 Pounds, but Less 

Than 200 Pounds. After January 1, 2011, the owner or operator of a refrigeration 

system with a full charge greater than 50, but less than 200 pounds, of a highGWP refrigerant, and that is intended to be operated year round, must annually 

conduct a leak inspection of the refrigeration system. The leak inspection must be 

conducted using a calibrated refrigerant leak detection device, a bubble test, or 

observation of oil residue. A leak inspection of the refrigeration system is not 

required pursuant to this subsection (c) if an automatic leak detection system 
17

meeting the specifications provided in subsections 95385(a)(5) or 95385(a)(6) is 

used to monitor the refrigeration system. 

(d) Requirements That Apply When Additional Refrigerant is Added to All 

Refrigeration Systems Regulated by this Subarticle. After January 1, 2011, the 

owner or operator of any refrigeration system with a full charge greater than 50 

pounds of a high-GWP refrigerant must conduct a leak inspection each time an 

additional refrigerant charge equal to or greater than 5 pounds, or one percent of 

the refrigeration system full charge, whichever amount is greater, is added to a 

refrigeration system. The leak inspection must be conducted using a calibrated 

refrigerant leak detection device, a bubble test, or observation of oil residue. 

(e) Refrigeration Systems Not Operated Year-Round. The owner or operator of a 

refrigeration system that does not operate, or is not intended to operate, yearround must conduct a leak inspection within 30 days after starting each operation 

of the refrigeration system, and once every three months thereafter until the 

refrigeration system is shut down. The leak inspection must be conducted using a 

calibrated refrigerant leak detection device, a bubble test, or observation of oil 

residue. A leak inspection is not required after starting operation if there has been 

a leak inspection of the refrigeration system conducted within the preceding 90 

days. 

(f) Alternative Test Methods. The leak inspections required by this section may be 

conducted using alternative test methods that are demonstrated to the written 

satisfaction of the Executive Officer to be equally or more accurate than using a 

calibrated refrigerant leak detection device or bubble test. 

(g) Leak Inspection Requirements if Oil Residue is Observed. If during a required 

leak inspection or at any time oil residue is observed indicating a refrigerant leak, a 

leak inspection must be conducted using a calibrated refrigerant leak detection 

device or bubble test to confirm a refrigerant leak. 

NOTE: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 

39601, and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 

38562, 38563, 38580, 38597, 39600, 39601, and 41511, Health and Safety Code. 

§ 95386. Leak Repair Requirements for Facilities with Stationary 

Refrigeration Systems. 

(a) Leak Repair Requirements. After January 1, 2011, the owner or operator of a 

refrigeration system must ensure that all detected refrigerant leaks are repaired as 

provided in this section, and must maintain records pursuant to section 95389 of 

all refrigerant leak repairs. 

(b) Refrigerant Leak Repair 14-Day Requirement. A refrigerant leak must be 

repaired by a certified technician within 14 days of its detection, except in 

situations when a longer time period is allowed under subsections (c), (d), or (i) of 

this section. 
18

(c) Refrigerant Leak Repair 45-Day Allowance. The owner or operator of a 

refrigeration system has 45 days to repair a refrigerant leak or replace a leaking 

component(s) if one or more of the following conditions apply: 

(1) A certified technician is not available to complete the repair or replace 

the component(s). A written record(s) must be kept pursuant to section 

95389 to document that no certified technician was available within 14 days 

of the initial leak detection. 

(2) The parts necessary to repair a refrigerant leak are unavailable, and the 

owner or operator obtains a written statement from the refrigeration system 

or component manufacturer or distributor stating that the parts are 

unavailable. A written record(s) must be kept pursuant to section 95389 to 

document that the necessary parts were not available within 14 days of the 

initial leak detection. 

(3) The refrigerant leak repair requires an industrial process shutdown that 

results in a process temporarily ceasing to manufacture the intermediate or 

final product that is produced when the industrial process refrigeration 

appliance is in operation. 

(d) Refrigerant Leak Repair 120-Day Allowance. The owner or operator of a 

refrigeration system has 120 days to repair a refrigerant leak or replace a leaking 

component(s) if all of the following conditions apply: 

(1) The facility owner or operator is an entity subject to Mandatory 

Greenhouse Gas Emissions Reporting requirements pursuant to section 

95101 of Title 17, California Code of Regulations; and 

(2) The refrigeration system is an industrial process refrigeration appliance; 

and 

(3) The refrigerant leak repair requires an industrial process shutdown that 

results in a process temporarily ceasing to manufacture the intermediate or 

final product that is produced when the industrial process refrigeration 

appliance is in operation; and 

(4) Written records are maintained as provided in section 95389 to 

document that all the conditions required under this subsection are met. 

(e) Initial Verification Test. An initial verification test must be conducted upon 

completion of refrigerant leak repairs. 

(f) Follow-up Verification Test. After the initial verification test has been conducted, 

a follow-up verification test must be conducted on the complete refrigeration 

system. If the refrigeration system was evacuated during the refrigerant leak 

repair, the follow-up verification test must be conducted when the system is 

operating at normal operating characteristics and conditions. If the refrigeration 

system was not evacuated during the refrigerant leak repair, the follow-up 

verification test requirement of this subsection is satisfied once required changes 

are made to return the refrigeration system to normal operating characteristics and 

conditions. 
19

(g) Refrigerant Leak Repair Requirements After An Unsuccessful Verification Test. 

(1) If either an initial verification test or follow-up verification test indicate 

that a refrigerant leak is still occurring within the refrigeration system, the 

owner or operator must ensure repair of the refrigerant leak through a 

subsequent repair attempt(s) of the refrigerant leak within the time required 

for refrigerant leak repair by subsections (b), (c), or (d), or prepare a retrofit 

or retirement plan pursuant to section 95387. 

(2) If a follow-up verification test pursuant to subsection 95386(f) indicates 

that a refrigerant leak has not been successfully repaired within the 14 days 

allowed for a refrigerant leak repair under subsection (b), and the owner or 

operator does not have an approved exemption pursuant to section 95397, 

then the owner or operator must either successfully repair the refrigerant 

leak within 45 days of the initial refrigerant leak detection or must prepare a 

retrofit or retirement plan pursuant to section 95387 within 60 days of the 

initial refrigerant leak detection. 

(3) If a follow-up verification test pursuant to subsection 95386(f) indicates 

that a refrigerant leak has not been successfully repaired within the 45 days 

allowed for a refrigerant leak repair under subsection (c), and the owner or 

operator does not have an approved exemption pursuant to section 95397, 

the owner or operator must prepare a retrofit or retirement plan pursuant to 

section 95387 within 60 days of the initial refrigerant leak detection. 

(4) If a follow-up verification test pursuant to subsection 95386(f) indicates 

that a refrigerant leak has not been successfully repaired within the 120 

days allowed for a refrigerant leak repair under subsections (d), and the 

owner or operator does not have an approved exemption pursuant to 

section 95397, the owner or operator must prepare a retrofit or retirement 

plan pursuant to section 95387 within 135 days of the initial refrigerant leak 

detection. 

(h) Refrigerant Leak Repair Contractors License Requirement. 

(1) Except as provided below in subsection(h)(2), all refrigerant leaks must 

be repaired by a certified technician holding a current and active California 

contractors license in the C38 - Refrigeration Contractor licensing 

classification, or by an employee of a contractor with these qualifications. If 

the refrigeration system requiring service is also used in an air-conditioning 

application, it is acceptable for the refrigerant leak to be repaired by a 

certified technician holding a current and active California contractors 

license in the C20 - Warm-Air Heating, Ventilating and Air-Conditioning 

Contractor licensing classification, or by an employee of a contractor with 

these qualifications. 

(2) A current and active California contractors license is not required if: 

(A) the refrigeration system service or refrigerant leak repair is 

performed by the facility owner or operator or its employees with 

wages as sole compensation, or 
20

(B) the refrigeration system service or refrigerant leak repair is 

performed by the facility owner or operator through one undertaking 

or by one or more contracts, and the aggregate contract price for 

labor, materials, and all other items is less than five hundred dollars 

($500), or 

(C) the refrigeration system service or refrigerant leak repair is 

performed pursuant to a contract entered into before January 1, 

2011, by any political subdivision of the United States government or 

the State of California, or by any incorporated town, city, county, 

irrigation district, reclamation district, or other municipal or political 

corporation. 

(i) Refrigerant Leak Repair Requirements During System Mothballing. The leak 

repair requirements of this section shall not apply during the time that a 

refrigeration system is undergoing or is in system mothballing. The leak repair 

requirements of this section shall resume on the day that the refrigeration system 

resumes operation at a facility. 

(j) Refrigerant Leak Repair Requirements Exemption. If the owner or operator of a 

refrigeration system has received an exemption from the Executive Officer 

pursuant to section 95397, a refrigerant leak repair is not required during the time 

period the exemption is in effect. If the owner or operator of a refrigeration system 

has submitted a request for an exemption pursuant to section 95397, a refrigerant 

leak repair is not required until a final exemption determination is made by the 

Executive Officer. A written record(s) must be kept pursuant to section 95389 to 

document that the owner or the operator has requested or received an exemption. 

NOTE: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 

39601, and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 

38562, 38563, 38580, 38597, 39600, 39601, and 41511, Health and Safety Code. 

§ 95387. Requirements to Prepare Retrofit or Retirement Plans for Facilities 

with Leaking Stationary Refrigeration Systems. 

(a) Retrofit or Retirement Plan Requirements. 

(1) After January 1, 2011, the owner or operator of a refrigeration system 

with a refrigerant leak that has not been successfully repaired within the 

time required for refrigerant leak repair under subsection (b), (c), or (d) of 

section 95386 must prepare and implement a dated retrofit or retirement 

plan as provided in section 95386(g). The plan must establish a schedule 

to retrofit or retire a leaking refrigeration system no later than six months 

after the initial detection of the refrigerant leak, and all work must be 

completed during this six-month period. 

(2) The retrofit or retirement plan must be kept at the site of the 

refrigeration system with a refrigerant leak. If a refrigeration system is to be 

retired and replaced, the plan must include information required under this 

subsection specific to the new refrigeration system to be constructed or 
21

installed. If a refrigeration system is to be retrofitted, the plan must include 

information required under this subsection specific to the refrigeration 

system after the retrofit has been completed. A retrofit or retirement plan 

must include the following information: 

(A) The system identification number of the refrigeration system 

being retired or retrofitted. 

(B) Equipment type. 

(C) Equipment manufacturer. 

(D) Equipment model or description. 

(E) Intended physical location of the refrigeration system through 

schematic or floor plan with locations clearly noted. 

 (F) Temperature classification – The refrigeration system must be 

identified as a low temperature system, a medium temperature 

system, or other. 

(G) Full charge of the refrigeration system. 

(H) Type of high-GWP refrigerant(s) used. 

(I) If a refrigeration system is to be retired and replaced, a plan to 

dispose of the retired refrigeration system. 

(J) A timetable which includes, at a minimum: 

1. the date installation, construction, or retrofit of the 

refrigeration system is expected to begin, and 

2. the expected completion date of the installation, 

construction, or retrofit of the refrigeration system. 

(K) A signature by a representative of the facility, including the date 

signed. 

(b) Retrofit or Retirement Plan Requirements During System Mothballing. The 

retrofit or retirement requirements of this section shall not apply during the time 

that a refrigeration system is undergoing or is in system mothballing. The retrofit 

or retirement requirements of this section shall apply on the day that the 

refrigeration system resumes operation at a facility. 

(c) Retrofit or Retirement Plan Requirements Exemption. If the owner or operator 

of a refrigeration system has received an exemption from the Executive Officer 

pursuant to section 95397, the preparation and implementation of a retrofit or 

retirement plan is not required during the time period the exemption is in effect. If 

the owner or operator of a refrigeration system has submitted a request for an 

exemption pursuant to section 95397, the preparation and implementation of a 

retrofit or retirement plan is not required until a final exemption determination is 

made by the Executive Officer. A written record(s) must be kept pursuant to 

section 95389 to document that the owner or the operator has requested or 

received an exemption. 
22

NOTE: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 

39601, and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 

38562, 38563, 38580, 38597, 39600, 39601, and 41511, Health and Safety Code. 

§ 95388. Reporting Requirements for Facilities with Stationary Refrigeration 

Systems. 

(a) Reporting Requirements for Refrigeration Systems with a Full Charge Greater 

Than or Equal to 200 Pounds. After January 1, 2011, the owner or operator of a 

facility with a refrigeration system in operation with a full charge greater than or 

equal to 200 pounds of a high-GWP refrigerant must annually submit to the 

Executive Officer a Facility Stationary Refrigeration Report (Annual Report) that 

contains the information specified below in subsections 95388(b)(1) and 

95388(b)(2). Each Annual Report must provide this information for the previous 

calendar year and must be submitted by the following dates: 

(1) By March 1, 2012, the owner or operator of a facility with a refrigeration 

system that begins operation before January 1, 2012, with a full charge 

greater than or equal to 2,000 pounds of a high-GWP refrigerant must 

submit an Annual Report for the 2011 calendar year. By March 1, 2013, 

and each calendar year thereafter, the owner or operator must submit an 

Annual Report providing information for the previous calendar year. 

(2) The owner or operator of a facility with a refrigeration system that begins 

operation on or after January 1, 2012, with a full charge greater than or 

equal to 2,000 pounds of a high-GWP refrigerant must submit the first 

Annual Report for the previous calendar year by March 1 of the calendar 

year after the refrigeration system begins operating at a facility. Subsequent 

Annual Reports for the previous calendar year must be submitted by March 

1 of each year thereafter. 

(3) By March 1, 2014, the owner or operator of a facility with a refrigeration 

system that begins operation before January 1, 2014, with a full charge 

greater than or equal to 200 pounds, but less than 2,000 pounds, of a highGWP refrigerant must submit an Annual Report for the 2013 calendar year. 

By March 1, 2015, and each calendar year thereafter, the owner or operator 

must submit an Annual Report providing information for the previous 

calendar year. 

(4) The owner or operator of a facility with a refrigeration system that begins 

operation on or after January 1, 2014, with a full charge greater than or 

equal to 200 pounds, but less than 2,000 pounds, of a high-GWP refrigerant 

must submit the first Annual Report for the previous calendar year by March 

1 of the calendar year after the refrigeration system begins operating at a 

facility. Subsequent Annual Reports for the previous calendar year must be 

submitted by March 1 of each year thereafter. 

(b) The Annual Report must include the following information. 
23

(1) Refrigeration system information. The following information must be 

provided for each refrigeration system: 

(A) System identification number. 

(B) Equipment type. 

(C) Equipment manufacturer. 

(D) Equipment model or description. 

(E) Equipment model year. 

(F) Equipment serial number. The serial number(s) of the affected 

equipment or component must be recorded when present and 

accessible. When the affected equipment or component is part of an 

assembly without a serial number or does not have an individual 

serial number or is not accessible after assembly, the physical 

location of the affected equipment must be recorded in enough detail 

to permit positive identification. 

(G) Physical location of a refrigeration system through schematic or 

floor plan with equipment locations clearly noted. 

(H) Temperature classification – The refrigeration system must be 

identified as a low temperature system, a medium temperature 

system, or other. 

(I) Full charge of the refrigeration system. 

(J) Type of high-GWP refrigerant(s) used. 

(K) Date of initial installation. 

(2) Refrigeration system service and leak repair information. The following 

information must be provided for each automatic leak detection system 

audit, leak inspection, and refrigeration system service or refrigerant leak 

repair that required an additional refrigerant charge of five pounds or more, 

or an additional refrigerant charge equal to or greater than one percent of 

the full charge, whichever amount is greater: 

(A) Date leak detected, if applicable. 

(B) Date of service provided or leak repair completed. 

(C) Cause of refrigerant leak, if applicable. 

(D) Description of service provided or leak repair completed 

(E) Date(s) of initial verification test(s), if applicable. 

(F) Date(s) of follow-up verification test(s), if applicable. 

(G) Total additional refrigerant charge of each type of high-GWP 

refrigerant, if applicable. 

(H) Purpose for additional refrigerant charge (leak repair, topping off, 

initial refrigerant charge, or seasonal adjustment), if applicable. 
24

(I) Name of certified technician completing leak repair, if applicable. 

(J) The certified technician’s identification number issued by an 

approved technician certification program pursuant to Title 40 of the 

Code of Federal Regulations, Part 82, §82.161, if applicable. 

(K) The certified technician’s certification type(s) issued by an 

approved technician certification program pursuant to Title 40 of the 

Code of Federal Regulations, Part 82, §82.161, if applicable. 

(3) Refrigerant Purchases and Use Information. The following information 

must be provided on refrigerant purchase and use: 

(A) The total weight in pounds of each type of high-GWP refrigerant 

that was purchased during the calendar year. 

(B) The total weight in pounds of each type of high-GWP refrigerant 

that was charged into a refrigeration system during the calendar 

year. 

(C) The total weight in pounds of each type of high-GWP refrigerant 

that was recovered from a refrigeration system during the calendar 

year. 

(D) The total weight in pounds of each type of high-GWP refrigerant 

that was stored in inventory at the facility, or stored at a different 

location for use by the facility, on the last day of the calendar year. 

(E) The total weight in pounds of high-GWP refrigerant that was 

shipped by the owner or operator for reclamation and destruction 

during the calendar year. 

(c) Reporting Requirements for Refrigeration Systems with a Full Charge Greater 

Than 50 Pounds, but Less Than 200 Pounds. The owner or operator of a facility 

with a refrigeration system in operation with a full charge greater than 50 pounds, 

but less than 200 pounds, of a high-GWP refrigerant is not required to submit 

annual reports. However, owners and operators of these facilities must report to 

the Executive Officer the information specified in this section within 60 days of 

receipt of a request from the Executive Officer. 

NOTE: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 

39601, and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 

38562, 38563, 38580, 38597, 39600, 39601, and 41511, Health and Safety Code. 

§ 95389. Recordkeeping Requirements for Facilities with Stationary 

Refrigeration Systems. 

(a) After January 1, 2011, the owner or operator of a facility with a refrigeration 

system in operation with a full charge greater than 50 pounds of a high-GWP 

refrigerant must maintain the following records for a minimum of 5 years. The 

records must be kept at the facility where the refrigeration system(s) is in operation 
25

and must be made available to an authorized representative of the Executive 

Officer, including a local Air Pollution Control Officer, upon request: 

(1) All registration information required by section 95383. 

(2) Documentation of all leak detection systems, leak inspections, and 

automatic leak detection system annual audit and calibrations required by 

section 95385. 

(3) Records of all refrigeration system service and refrigerant leak repairs, 

and documentation of any conditions allowing repair of a refrigerant leak to 

be conducted more than 14 days after leak detection, as required pursuant 

to section 95386. Refrigeration system and refrigeration system service 

and refrigerant leak repair records must include documentation of all items 

reported pursuant to section 95388. 

(4) Any retrofit or retirement plans required by section 95387. 

(5) All reports required by section 95388. 

(6) Any application for exemption submitted pursuant to subsection 95397 

and any notification of an exemption approved, denied, revoked, or 

modified pursuant to subsection 95397. 

(7) Invoices of all refrigerant purchases. 

(8) Records of all shipments of refrigerants for reclamation or destruction, 

which must include the following information: 

(A) Name and address of the person the high-GWP refrigerant was 

shipped to. 

(B) Weight in pounds of high-GWP refrigerant shipped. 

(C) Type of high-GWP refrigerant shipped. 

(D) Date of shipment. 

(E) Purpose of shipment (e.g. reclamation, destruction, etc.). 

(9) Records of all refrigeration systems component data, measurements, 

calculations and assumptions used to determine the full charge. 

NOTE: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 

39601, and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 

38562, 38563, 38580, 38597, 39600, 39601, and 41511, Health and Safety Code. 

§ 95390. Required Service Practices for Stationary High-GWP Appliances. 

(a) Required Service Practices. A person performing any installation, 

maintenance, service, repair, or disposal of a stationary appliance that could 

reasonably be expected to release refrigerant from the appliance into the 

environment must satisfy all of the following requirements: 

(1) In preparing an appliance for recycling or disposal, the person must not 

intentionally disrupt the refrigerant circuit of the appliance resulting in a 
26

discharge of refrigerant into the atmosphere, unless an attempt to recover 

the refrigerant is made using certified refrigerant recovery or recycling 

equipment; and 

(2) The person must make a recovery attempt using certified refrigerant 

recovery or recycling equipment for that type of appliance before opening 

the appliance to atmospheric conditions. Attempts to recover refrigerant 

must be made even if the person believes that all refrigerant has been 

removed or has previously leaked from the appliance. Refrigerant may be 

returned to the appliance from which it is recovered or to another appliance 

owned by the same person without being recycled or reclaimed; and 

(3) The person must not add any additional refrigerant to a refrigeration or 

air-conditioning appliance during manufacture or service, unless such 

refrigerant: (A) consists wholly of a class I or class II substance, as 

identified by section 602 of the federal Clean Air Act; or (B) is an alternative 

that has been found acceptable, under the Significant New Alternatives 

Policy (SNAP) program pursuant to section 612 of the federal Clean Air 

Act, for the specific refrigeration or air-conditioning end-use in which it is 

being employed; or (C) has been approved by the Executive Officer for the 

specific refrigeration or air-conditioning end-use in which it is being 

employed; and 

(4) The person must not add an additional refrigerant charge to any 

appliance known to have a refrigerant leak, except that it is permissible to 

add an additional refrigerant charge for seasonal adjustment or an 

additional refrigerant charge required to maintain operations while preparing 

or conducting a leak repair pursuant to and in compliance with section 

95386; and 

(5) The person must hold a current, valid, and applicable certificate issued 

in accordance with Title 40 of the Code of Federal Regulations, Part 82,

§82.161; and 

(6) The person must employ procedures for which the certified refrigerant 

recovery or recycling equipment was approved by the U.S. EPA or 

Executive Officer; and 

(7) The person must use certified refrigerant recovery or recycling 

equipment as specified by the certified refrigerant recovery or recycling 

equipment manufacturer, unless the manufacturer's specifications conflict 

with the procedures approved by the U.S. EPA or the Executive Officer for 

the certified refrigerant recovery or recycling equipment; and 

(8) The person must evacuate refrigerant from a non-refillable cylinder to a 

vacuum of 15 inches of mercury, relative to standard atmospheric pressure 

of 29.9 inches of mercury, before recycling or disposal; and 
27

(9) The person must satisfy job site evacuation of refrigerants during 

recycling, recovering, reclaiming, or disposing in accordance with Title 40 of 

the Code of Federal Regulations, Part 82, §82.156 (as amended 

January 11, 2005). 

NOTE: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 

39601, and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 

38562, 38563, 38580, 38597, 39600, 39601, and 41511, Health and Safety Code. 

§ 95391. Prohibitions. 

(a) Prohibitions. On or after January 1, 2011, no person shall sell, supply, offer for 

sale, or distribute any high-GWP refrigerant for use as a refrigerant, unless for 

reclamation or destruction, in a container with a refrigerant capacity of two pounds 

or greater unless: 

(1) The buyer is a certified technician pursuant to Title 40 of the Code of 

Federal Regulations, Part 82, §82.40 or §82.161; or

(2) The buyer is an authorized representative of a person employing at least 

one certified technician who is certified pursuant to Title 40 of the Code of 

Federal Regulations, Part 82, §82.40 or §82.161 and is in full compliance 

with Title 40 of the Code of Federal Regulations, Part 82, §82.166 (as 

amended January 11, 2005), and the buyer has provided evidence that at 

least one technician is properly certified; or 

(3) The refrigerant is sold only for eventual resale to a certified technician, 

an employer of a certified technician, or a refrigeration or air-conditioning 

appliance manufacturer, or the refrigerant is being sent for reclamation; or 

(4) The refrigerant is contained in a refrigeration or air-conditioning 

appliance. 

(b) No person shall sell, supply, offer for sale, or distribute used high-GWP 

refrigerant to any person for use as a refrigerant unless the used refrigerant has 

first been reclaimed by a certified reclaimer. 

(c) No person shall sell, supply, offer for sale, or distribute any high-GWP 

refrigerant unless such refrigerant: (1) consists wholly of a class I or class II 

substance, as identified by Section 602 of the U.S. Clean Air Act; or (2) is an 

alternative that has been found acceptable, under the Significant New Alternatives 

Policy (SNAP) program pursuant to Section 612 of the U.S. Clean Air Act, for the 

specific refrigeration or air-conditioning end-use in which it is being employed; or 

(3) has been approved by the Executive Officer for the specific refrigeration or airconditioning end-use in which it is being employed.

(d) No person shall recycle or dispose of a non-refillable cylinder before the nonrefillable cylinder has been evacuated to a vacuum of 15 inches of mercury, 

relative to standard atmospheric pressure of 29.9 inches of mercury. 
28

(e) No person shall distribute or sell certified refrigerant recovery or recycling 

equipment unless such equipment meets the levels of evacuation to be achieved 

by recovery or recycling equipment as specified in Title 40 of the Code of Federal 

Regulations, Part 82, §82.158 (as amended June 18, 2008). 

(f) No person shall refill a non-refillable cylinder or use it as a temporary receiver 

during service. 

(g) No person shall repair or modify a non-refillable cylinder in any way that allows 

the non-refillable cylinder to be refilled. 

NOTE: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 

39601, and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 

38562, 38563, 38580, 38597, 39600, 39601, and 41511, Health and Safety Code. 

§ 95392. Reporting Requirements for Refrigerant Distributors, Wholesalers, 

and Reclaimers. 

(a) Reporting Requirements for Refrigerant Distributors and Wholesalers. A 

refrigerant distributor or wholesaler that sells, supplies, or distributes any amount 

of a high-GWP refrigerant for any purpose other than sales to a refrigerant 

distributor or wholesaler for eventual resale, or to any person for reclamation or 

destruction must submit an annual report to the Executive Officer by March 1, 

2012, for the 2011 calendar year. By March 1, 2013, and each calendar year 

thereafter, the refrigerant distributor or wholesaler must submit an annual report 

providing information for the previous calendar year. The annual report must 

cover all California facilities under the operational control of the refrigerant 

distributor or wholesaler, must provide statewide annual aggregated data for the 

previous calendar year, and must include the following information: 

(1) Name of refrigerant distributor or wholesaler. 

(2) Refrigerant distributor or wholesaler mailing address including an 

address, city, state, and zip code. 

(3) Refrigerant distributor or wholesaler contact person. 

(4) The phone number of the refrigerant distributor or wholesaler contact 

person. 

(5) The e-mail address of the refrigerant distributor or wholesaler contact 

person. 

(6) The total statewide annual aggregated weight in pounds of each type of 

high-GWP refrigerant that was purchased or received for the purpose of 

subsequent resale or delivery for any purpose other than reclamation or 

destruction. 

(7) The total statewide annual aggregated weight in pounds of each type of 

high-GWP refrigerant that was sold or distributed, excluding all sales to a 

facility outside of California or to a refrigerant distributor or wholesaler for 

eventual resale. 
29

(8) The total statewide annual aggregated weight in pounds of high-GWP 

refrigerant that was shipped to a certified reclaimer. 

(9) Name of all refrigerant distributor or wholesaler facilities under the 

operational control of the refrigerant distributor or wholesaler. 

(10) Address of each refrigerant distributor or wholesaler facility under the 

operational control of the refrigerant distributor or wholesaler. 

(11) Contact person name, phone number, and e-mail address for each 

refrigerant distributor or wholesaler facility under the operational control of 

the refrigerant distributor or wholesaler. 

(b) Reporting Requirements for Certified Reclaimers. A certified reclaimer 

reclaiming any high-GWP refrigerant in California must submit an annual report to 

the Executive Officer by March 1, 2012, for the 2011 calendar year. By March 1, 

2013, and each calendar year thereafter, the certified reclaimer must submit an 

annual report providing information for the previous calendar year. The annual 

report must cover all California facilities under the operational control of the 

certified reclaimer, must provide statewide annual aggregated data for the 

previous calendar year, and must include the following information: 

(1) Name of the certified reclaimer. 

(2) Mailing address of the certified reclaimer including a street address, city, 

state, and zip code. 

(3) Certified reclaimer contact person. 

(4) The phone number of the certified reclaimer contact person. 

(5) The e-mail address of the certified reclaimer contact person. 

(6) The total statewide annual aggregated weight in pounds of high-GWP 

refrigerant that was received by the certified reclaimer for reclamation or 

destruction. 

(7) The total statewide annual aggregated weight in pounds of each type of 

high-GWP refrigerant that was reclaimed in California. 

(8) The total statewide annual aggregated weight in pounds of high-GWP 

refrigerant that was shipped out of California for reclamation. 

(9) The total statewide annual aggregated weight in pounds of high-GWP 

refrigerant that was destroyed or shipped out of California for destruction. 

(10) Name of all certified reclaimer facilities under the operational control of 

the certified reclaimer. 

(11) Address of each certified reclaimer facility under the operational control 

of the certified reclaimer. 

(12) Contact person name, phone number, and e-mail address for each 

certified reclaimer facility under the operational control of the certified 

reclaimer. 
30

NOTE: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 

39601, and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 

38562, 38563, 38580, 38597, 39600, 39601, and 41511, Health and Safety Code. 

§ 95393. Recordkeeping Requirements for Refrigerant Distributors, 

Wholesalers, and Reclaimers. 

(a) The following records must be kept by each refrigerant distributor or 

wholesaler and certified reclaimer for a minimum of five years. These records 

must be kept at the facility of each distributor or wholesaler, or certified reclaimer 

and must be made available to an authorized representative of the Executive 

Officer upon request: 

(1) Annual reports submitted pursuant to section 95392. 

(2) Invoices of all high-GWP refrigerant received through sale or transfer 

and all high-GWP refrigerant distributed through sale or transfer. These 

invoices must indicate the name of the purchaser, the date of sale, and the 

quantity and the type of High-GWP refrigerant purchased, sold, or 

transferred. 

(b) A refrigerant distributor or wholesaler selling a high-GWP refrigerant to a 

purchaser that is an employer of a certified technician must obtain written 

documentation from the purchaser showing that the purchaser currently employs 

at least one certified technician. This documentation must be kept at the facility of 

the refrigerant distributor or wholesaler for a minimum of five years, and must be 

made available to an authorized representative of the Executive Officer upon 

request. 

NOTE: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 

39601, and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 

38562, 38563, 38580, 38597, 39600, 39601, and 41511, Health and Safety Code. 

§ 95394. Confidentiality. 

(a) All of the information identified in section 95388(b)(3) is a public record and 

may not be claimed as confidential. 

(b) Except for the information identified in subsection (a) above, any person 

submitting information to the Executive Officer pursuant to this subarticle may 

claim such information as “confidential” by clearly identifying such information as 

“confidential”. Any claim of confidentiality by a person submitting information must 

be based on the person’s belief that the information marked as confidential is 

either trade secret or otherwise exempt from public disclosure under the California 

Public Records Act (Government Code, section 6250 et seq.). All such requests 

for confidentiality shall be handled in accordance with the procedures specified in 

California Code of Regulations, title 17, sections 91000 to 91022. 
31

NOTE: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 

39601, and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 

38562, 38563, 38580, 38597, 39600, 39601, and 41511, Health and Safety Code. 

§ 95395. Enforcement. 

(a) Injunctions. Any violation of this subarticle may be enjoined pursuant to the 

Health and Safety Code section 41513. 

(b) Each day or portion thereof that any leak inspection or leak repair is not 

completed after the date the leak inspection or leak repair is required to be 

completed, or each day or portion thereof that any registration, report, or plan 

required by this subarticle remains unsubmitted, is submitted late, or contains 

incomplete or inaccurate information, shall constitute a single, separate violation of 

this subarticle. 

(c) Failure to pay the full amount of any fee required by this subarticle shall 

constitute a single, separate violation of this subarticle for each day or portion 

thereof that the fee has not been paid after the date the fee is due. 

(d) Enforcement of this subarticle may be carried out by authorized 

representatives of the Executive Officer including a local Air Pollution Control 

Officer. 

NOTE: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 

39601, and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 

38562, 38563, 38580, 38597, 39600, 39601, and 41511, Health and Safety Code. 

§ 95396. Equivalent Local Rules. 

(a) The requirements specified in sections 95383, 95384, 95385, 95386, 95387, 

95388, and 95389 of this subarticle shall not be enforced within the geographical 

boundaries of any air district that adopts and enforces requirements that will 

achieve emission reductions from stationary refrigeration systems that are 

equivalent to or greater than those achieved pursuant to sections 95383, 95384, 

95385, 95386, 95387, 95388, and 95389. 

(b) Subsection (a) shall not become effective unless the Executive officer issues 

an Executive Order containing written findings that the criteria of subsection (a) 

have been met. The Executive Order shall include such terms and conditions as 

are necessary to insure that these criteria continue to be met. 

NOTE: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 

39601, and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 

38562, 38563, 38580, 38597, 39600, 39601, and 41511, Health and Safety Code. 
32

§ 95397. Approval of Exemptions.

(a) Exemption Criteria. The owner or operator of facility with a refrigeration system 

may request the Executive Officer for an exemption from the requirements of 

section 95386 and section 95387. To request an exemption, the applicant must 

follow the application procedure specified in subsection 95397(b), and must 

demonstrate that the criteria for one or more of the three exemptions allowed by 

this section have been satisfied. Information submitted pursuant to this section 

shall be handled in accordance with the provision of section 95394. The Executive 

Officer may approve the following exemptions: 

(1) Emissions Lifecycle Exemption. The Executive Officer may allow the 

continuation of a refrigerant leak for a specified time period of no longer 

than three years if the Executive Officer determines that the applicant has 

provided clear and convincing documentation that the refrigerant leak 

cannot be repaired and that allowing the refrigerant leak to continue will 

result in less combined direct and indirect emissions than replacing the 

leaking refrigeration system. The documentation must include information 

quantifying the lifecycle direct emissions and indirect emissions, including 

energy use, and must include a calculation of these emissions based on the 

average lifetime of the refrigeration system or facility. The applicant must 

also provide a mitigation plan that includes a list of proposed actions to 

minimize emissions. The plan must include an analysis of options to 

minimize usage, reduce leaks or venting, and recycle or destroy high-GWP 

refrigerant. 

(2) Economic Hardship Exemption. The Executive Officer may allow the 

continuation of a refrigerant leak for a specified time period of no longer 

than three years if the Executive Officer determines that the applicant has 

provided clear and convincing documentation that all of the following criteria 

are met: 

(A) Compliance would result in extraordinary economic hardship, 

such as closure of the entire facility or a large portion of the facility, 

or loss of a large portion of the revenue from the facility; and 

(B) The applicant has prepared a compliance report that can be 

implemented and will achieve compliance as expeditiously as 

possible. The compliance report must reasonably detail when 

compliance will be achieved and the method by which compliance 

will be achieved. 

(3) Natural Disaster Exemption. The Executive Officer may allow the 

continuation of a refrigerant leak for a specified time period of no longer 

than three years if the Executive Officer determines that the applicant has 

provided clear and convincing documentation that failure to satisfy the 

conditions set forth in this subarticle was due to a natural disaster such as 

an earthquake or flood, an act of war or an act by a public enemy, or a civil 

disorder or riot. 
33

(4) Any exemption granted pursuant to subsection 95397(a)(1), (a)(2), or 

(a)(3) may be extended for one or more additional periods of up to three 

years if the Executive Officer determines that the demonstration made 

pursuant to 95397(a)(1), (a)(2), or (a)(3) remains valid. 

(b) Application for Exemptions. 

(1) To apply for an exemption the applicant must submit a written 

application demonstrating that the criteria have been met for one or more of 

the three exemptions specified in subsection (a). 

(2) Within 30 days of receipt of the exemption application the Executive 

Officer shall determine whether the application is complete, and shall notify 

the applicant of this determination. 

(3) If the exemption application is determined to be incomplete, the 

Executive Officer shall notify the applicant and specify the specific 

information needed to make the application complete. 

(4) Within 90 days after an application is determined to be complete, the 

Executive Officer shall determine whether and under what conditions an 

exemption will be permitted. The applicant and the Executive Officer may 

mutually agree to a longer time period for reaching a decision. During the 

review period, the Executive Officer may request, and the applicant shall 

provide, such additional information that is reasonably necessary to the 

decision. The applicant may also on his or her own initiative submit 

additional supporting documentation before a decision has been reached. 

The Executive Officer shall notify the applicant of the decision in writing and 

shall specify such terms and conditions as are necessary to insure that 

emissions will be minimized, and that the criteria specified in subsection (a) 

will continue to be met. Such conditions may include, but are not limited to, 

a requirement that best management practices be followed or that the 

applicant must implement the mitigation plan submitted by the applicant or 

mitigation measures identified by the Executive Officer. 

(c) The exemption shall cease to be effective upon the failure of the person to 

whom the exemption was granted to comply with any term or condition of the 

exemption. 

(d) Revocation or Modification of An Exemption. If the Executive Officer 

determines that an exemption no longer meets the criteria specified in subsection 

(a) of this section, the Executive Officer may revoke or modify the exemption as 

necessary to insure that the exemption continues to meet the criteria. 

(e) Effect of Denial or Revocation of an Exemption. Except as provided below in 

subsections (e)(1) and (e)(2), if an applicant for an exemption is denied, or an 

existing exemption is revoked, within 14 days of a notice of such denial or 

revocation the refrigerant leak must be repaired, or within 30 days of a notice of 

such denial or revocation the owner or operator of the facility must prepare a 

retrofit or retirement plan in accordance with subsection 95387(a)(2). The plan 

must establish a schedule to retrofit or retire a leaking refrigeration system no later 
34

than six months after a notice of denial or revocation, and all work must be 

completed during this six-month period. 

(1) The time requirements for refrigerant leak repair under subsection (b), 

(c), or (d) of section 95386 remain applicable and are not reduced if an 

exemption is denied, or an existing exemption is revoked. 

(2) The time requirements for the preparation and implementation of a 

retrofit or retirement plan under subsection (a) of section 95387 remain 

applicable and are not reduced if an exemption is denied, or an existing 

exemption is revoked. 

NOTE: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 

39601, and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 

38562, 38563, 38580, 38597, 39600, 39601, and 41511, Health and Safety Code. 

§ 95398. Severability. 

(a) Each part of this subarticle is deemed severable, and in the event that any 

part of this subarticle is held to be invalid, the remainder of this subarticle 

shall continue in full force and effect. 

NOTE: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 

39601, and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 

38562, 38563, 38580, 38597, 39600, 39601, and 41511, Health and Safety Code.