1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Consent Decree UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA, ) ) Plaintiff, ) Case No. C-13-4086 ) v. ) ) SAFEWAY INC., ) ) Defendant. ) )

CONSENT DECREE Case3:13-cv-04086-JST Document11 Filed11/07/13 Page1 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ii Consent Decree TABLE OF CONTENTS I. JURISDICTION, VENUE, AND NOTICE ..........

............................... ....................2 II. APPLICABILITY .

..................................................... ..............................................2 III. OBJECTIVES ......

.................................................... ................................................3 IV. DEFINITIONS ....

.................................................... .................................................3 V. CIVIL PENALTIES

............................................... ..................................................6 VI. COMPLIANCE REQUIREMENTS .................

................................ .......................6 A. Refrigerant Compliance Management Syst em ............. ...............................6 B. Corporate-Wide Leak Rate Reduction

................................. ........................7 C. Emissions Reductions at Highest-Emission Stores......................................8 VII. PARTICIPATION IN RECO GNITION PROGRAMS .........................................10 VIII. REPORTING REQUIREMENTS ..............

................................ ...........................10 IX. STIPULATED PENALTI ES .......................................... .......................................12 X. FORCE MAJEURE ........

..................................................... ..................................14 XI. DISPUTE RESOLUTI ON .......................................... ...........................................16 XII. INFORMATION COLLECTI ON AND RETENTI ON ........................................18 XIII. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS ..............................19 XIV. COSTS ........................

..................................................... ...................................... 20 XV. NOTICES ........................

..................................................... ..................................21 XVI. EFFECTIVE DATE

............................................... ................................................22 XVII. RETENTION OF JURI SDICTION ...............

................................ ........................22 XVIII. MODIFICATION

.................................................... ..............................................22 XIX. TERMINATION

..................................................... ...............................................22 XX. PUBLIC PARTICIPAT ION ........................................... .......................................23

Case3:13-cv-04086-JST Document11 Filed11/07/13 Page2 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 iii Consent Decree XXI. SIGNATORIES/SERV ICE........................................ ............................................23 XXII. INTEGRATION .......

..................................................... ........................................24 XXIII. FINAL JUDGMENT

............................................... ..............................................24 XXIV. APPENDICES ....

..................................................... ..............................................24

Case3:13-cv-04086-JST Document11 Filed11/07/13 Page3 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Consent Decree WHEREAS, Plaintiff, the United States of America, on behalf of the United States Environmental Protection Agency (“EPA”), has fi led a Complaint in this action concurrently with this Consent Decree alleging that Defendant Safeway Inc. (“Safeway”) violated Section 608 of the Clean Air Act (“CAA” or the “Act”), 42 U.S.C. § 7671g, and the commercial refrigerant repair and recordkeeping regu lations at 40 C.F.R. Part 82, Subpart F, §§ 82.150-82.169 (Recycling and Emissions Reduction); WHEREAS, the Complaint alleges that Safeway has failed to comply with the leak repair and/or recordkeeping requirements of 40 C.F.R. Part 82, Subpart F, at some or all of the grocery stores identified in Appendi x A to this Consent Decree; WHEREAS, on November 1, 2007, EPA issued an information request to Safeway pursuant to Section 114 of the Act, 42 U.S.C. § 7414, regarding the re pair of leaks from commercial refrigeration appliances normally contai ning more than 50 pounds of refrigerant that includes a class I or class II ozone-depleting su bstance, and EPA subsequently narrowed such request to cover 46 stores in California, Nevada, and Hawaii; WHEREAS, on April 21, 2008, and July 1, 2010, Safeway submitted its responses to EPA’s information request, including approximately 10,000 pages of equipment records; WHEREAS, the allegations in the Compla int are based on EPA’s analysis of the information contained in Safeway’s re sponses to EPA’s information request; WHEREAS, Safeway’s Corporate-Wide Averag e Leak Rate for the calendar year 2012 was 25 percent; WHEREAS, Safeway disputes the allegations in the Complaint and does not admit any liability to the United States arising out of th e transactions or occu rrences alleged in the Complaint; WHEREAS, the Parties recognize, and the Court by entering this Consent Decree finds, that this Consent Decree has been negotiated by the Parties in good faith and will avoid litigation between the Parties and that this Consent Decree is fair, reasonable, and in the public interest; NOW, THEREFORE, before the taking of any testimony, without the adjudication of or admission of any issue of fact or law except as prov ided in Section I, and with the consent of the

Case3:13-cv-04086-JST Document11 Filed11/07/13 Page4 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Consent Decree Parties, IT IS HEREBY ADJUDGED, ORDERED, AND DECREED as follows: I. JURISDICTION, VENUE, AND NOTICE 1. This Court has jurisdiction over the subj ect matter of this action and over the Parties pursuant to Section 113(b) of the Act, 42 U.S.C. § 7413(b), and 28 U.S.C. §§ 1331, 1345, and 1355. Venue lies in this district pursuant to Section 113(b) of the Act, 42 U.S.C. § 7413(b), and 28 U.S.C. §§ 1391(b) and 1395( a), because some of the allege d violations in the Complaint occurred in, and Safeway’s principal place of busin ess is located in, this judicial district. For purposes of this Decree, or any action to enfo rce this Decree, Safeway consents to the Court’s jurisdiction over this Decree and any such action and over Safeway and cons ents to venue in this district.2. The United States has given notice of the commencement of this action to the applicable air pollution control agencies as re quired by Section 113(b) of the Act, 42 U.S.C. § 7413(b). II. APPLICABILITY 3. The obligations of this Consent Decree apply to and are binding upon the United States, and upon Safeway and any successors, assign s, or other entities or persons otherwise bound by law. 4. Safeway shall provide a copy of this C onsent Decree to all officers, employees, and agents whose duties might re asonably include compliance with any provision of this Decree. 5. At least 30 days prior to any transfer of ownership or operation of a retail division that includes one or more Stores covered by this Consent Decree, Safeway shall provide a copy of this Consent Decree to the proposed transferee. At least 15 days prior to the transfer, Safeway shall provide written notice of the prospective tran sfer to the United Stat es in accordance with Section XV of this Decree (Notices), and shall su bmit to the United States a plan to ensure that (a) the Refrigerant Compliance Management System, or another refrigerant compliance management system approved by EPA, continues to be implemented at all stores in such retail division; and (b) the terms of Paragraph 16 of th is Decree (Emissions Reductions at HighestEmission Stores) are implemente d notwithstanding the transfer, provided that, in place of

Case3:13-cv-04086-JST Document11 Filed11/07/13 Page5 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Consent Decree Highest-Emission Stores that are transferred, Sa feway may achieve reductions required under Paragraph 16(b) from Stores that are not transferred. Any atte mpt to transfer ownership or operation of a retail division w ithout complying with th is Paragraph constitute s a violation of this Decree. 6. In any action to enforce this Consent Decree, Safeway shall not raise as a defense the failure by any of its officers, directors, empl oyees, agents, or contractors to take any actions necessary to comply with the prov isions of this Consent Decree. III. OBJECTIVES 7. The objectives of this Consent Decree are: (a) to further the goals of Subchapter VI of the Act, 42 U.S.C. §§ 7671-7671q, and EPA’s commercial refrigerant repair and recordkeeping regulati ons at 40 C.F.R. Part 82, Subpart F, an d (b) to resolve the civil claims of the United States as provided in Section XIII(Effect of Settlement/Reservation of Rights). IV. DEFINITIONS 8. Terms used in this Consent Decree that are defined in the Act or in regulations promulgated pursuant to the Act shall have the meanings assigned to them in the Act or such regulations as of the date of l odging of this Decree, unless otherw ise provided in this Decree. Whenever the terms set forth below are used in this Consent Decree, th e following definitions shall apply: a. “Appliance” shall have the definiti on provided in 40 C.F.R. § 82.152; b. “Complaint” shall mean the complaint filed by the United States in this action; c. “Consent Decree” or “Dec ree” shall mean this Decree and all appendices attached hereto (liste d in Section XXIV); d. “Corporate-Wide Average Leak Rate ” for a given calendar year shall mean the total number of pounds of Refrigerant a dded to all Covered Appliances at all Stores during the period of Safeway’s ownership or operati on in such calendar year divided by the total Full Charge of all Covered Appliances at all Stores du ring such calendar year. For purposes of this subparagraph, the “total number of pounds of Refrigerant a dded to all Covered Appliances”

Case3:13-cv-04086-JST Document11 Filed11/07/13 Page6 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Consent Decree shall not include (i) the initial charge of Refrigerant added to any new Covered Appliance; (ii) where Refrigerant has been recovered from an existing Covered Appliance in compliance with 40 C.F.R. § 82.156, the amount of any Refrigerant used to recharge such Covered Appliance, up to the amount of Refrigerant recovered; or (iii) the amount of any Refrigerant added to a Covered Appliance to replace Refrigerant released as the re sult of an event that is determined by EPA or the Court to constitute a force majeure event un der Section X of this Consent Decree (Force Majeure). For purposes of this subparagraph, the “total Full Charge of all Covered Appliances” shall include the Full Charge of any appliance that was at one time a Covered Appliance and that, after the Effective Date of the Consent Decree, has been retrofitted to us e, or replaced by an appliance that uses, refrigerant that does not consis t in part or whole of a class I or class II ozonedepleting substance, or that has been retired. e. “Covered Appliance” shall mean a commercial refrigeration Appliance with a Full Charge of more than 50 pounds of Refrigerant; f. “Day” shall mean a calendar day. In computing any period of time under this Consent Decree, where the last day would fa ll on a Saturday, Sunday, or federal holiday, the period shall run until the close of bu siness of the next business day; g. “Effective Date” shall have the definition provided in Section XVI; h. “EPA” shall mean the United States Environmental Protection Agency and any successor departments or ag encies of the United States; i. “Full Charge” shall have the defini tion provided in 40 C.F.R. § 82.152; j. “Highest-Emission Stores,” for a give n calendar year, shall mean those Stores with Storewide Average Leak Rates in the 90th percentile or above out of all Stores for such calendar year. To determine which Stor es are Highest-Emission Stores, Safeway shall (i) prepare a list of all Stores for that calendar year; (ii) calc ulate the Storewide Average Leak Rate for each Store; (iii) rank each Store by Storewide Averag e Leak Rate, from highest to lowest; and (iv) identify those Stores with Stor ewide Average Leak Rates in the 90th percentile or above; k. “Paragraph” shall mean a portion of this Decree identified by an Arabic

Case3:13-cv-04086-JST Document11 Filed11/07/13 Page7 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Consent Decree numeral or an upper or lower case letter; l. “Parties” shall mean the Un ited States and Safeway; m. “Refrigerant” shall have the defini tion provided in 40 C.F.R. § 82.152; n. “Refrigerant Compliance Management System” shall mean the system described in a Refrigerant Compliance Plan (att ached as Appendix B to this Consent Decree) prepared by Safeway and approved by EPA that is directed at assuring compliance with 40 C.F.R. Part 82, Subpart F, at the Stores, and any subsequent amendments or changes to such system made in accordance with Para graph 13 of this Consent Decree; o. “Safeway” shall mean Defendant Safeway Inc.; p. “Section” shall mean a portion of this Decree identified by a Roman numeral; q. “Store” shall mean any grocery stor e owned or operated by Safeway in the United States as of the date in question that co ntains one or more Covered Appliances, but shall not include any grocery store in Safeway’s Dominick’s Division; r. “Storewide Average Leak Rate” for a given Store and calendar year shall mean the total number of pounds of Refrigerant a dded to all Covered Appliances at such Store during the period of Safeway’s ownership or operati on in such calendar year divided by the total Full Charge of all Covered Appliances at such Store during such calendar year. For purposes of this subparagraph, the “total number of pounds of Refrigerant a dded to all Covered Appliances” shall not include (i) the initia l charge of Refrigerant added to any new Covered Appliance; (ii) where Refrigerant has been recovered from an existing Covered Appliance in compliance with 40 C.F.R. § 82.156, the amo unt of any Refrigerant used to recharge such Covered Appliance, up to the amount of Refrigerant reco vered; or (iii) the amount of any Refrigerant added to a Covered Appliance to replace Refrigerant released as the result of an event that is determined by EPA or the Court to constitute a force majeure event under Section X of this Consent Decree (Force Majeure). For purposes of this subparagraph, the “total Full Charge of all Covered Appliances” shall incl ude the Full Charge of any appl iance that was at one time a Covered Appliance and that, after the Effective Date of the Consent Decree, has been retrofitted

Case3:13-cv-04086-JST Document11 Filed11/07/13 Page8 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 Consent Decree to use, or replaced by an appliance that uses, refrigerant that does not consist in part or whole of a class I or class II ozone-depleting subs tance, or that has been retired; and s. “United States” shall mean the United States of America, acting on behalf of EPA. V. CIVIL PENALTIES 9. Within 30 days after the Effective Date of this Consent Decr ee, Safeway shall pay the sum of $600,000 as civil penalties. 10. Safeway shall pay the civil penalties due by FedWire Electronic Funds Transfer (“EFT”) to the U.S. Department of Justice in acco rdance with written instructions to be provided to Safeway after the Effective Dateby the Financial Litigation Unit of the U.S. Attorney’s Office for the Northern District of California. At the time of paym ent, Safeway shall send a copy of the EFT authorization form and the EFT transaction r ecord, together with a transmittal letter, which shall state that the payment is for the civil pe nalties owed pursuant to the Consent Decree in United States v. Safeway Inc. , and shall reference the civil action number and DOJ case number 90-5-2-1-09644, to the United States in accordance with Section XV of this Decree (Notices); by email to acctsreceivable.CINWD@epa.gov ; and by mail to: EPA Cincinnati Finance Office 26 Martin Luther King Drive Cincinnati, OH 45268 11. Safeway shall not deduct any penalties pa id under this Consent Decree pursuant to this Section or Section IX (Stipulated Pena lties) in calculating its federal income tax. VI. COMPLIANCE REQUIREMENTS A. Refrigerant Compliance Management System 12. Starting no later than 30 days after th e Effective Date, Safeway shall implement the Refrigerant Compliance Mana gement System at all Stores owned or operated by Safeway. 13. Prior to implementing any amendments or changes to its Refrigerant Compliance Management System, Safeway shall submit a revise d Refrigerant Compliance Plan to EPA along with a letter identifying the amendments or ch anges. Safeway shall implement its amended or changed Refrigerant Compliance Management Syst em unless and until EPA notifies Safeway in

Case3:13-cv-04086-JST Document11 Filed11/07/13 Page9 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 Consent Decree writing that it disapproves such amendments orchanges and provides written comments. Within 30 days of receiving EPA’s writ ten notification, Safeway shall eith er (i) revise the Refrigerant Compliance Plan consistent with EPA’s writte n comments and submit the revised Refrigerant Compliance Plan to EPA, or (ii) invoke Dis pute Resolution under Section XI of this Consent Decree. B. Corporate-Wide Leak Rate Reduction 14. Safeway shall achieve a Corporate-Wide Av erage Leak Rate that is at or below 18 percent for the calendar year 2015. 15. If Safeway fails to achiev e a Corporate-Wide Average Leak Rate that is at or below 18 percent for the calendar year 2015 in accordance with Paragraph 14, Sa feway shall take the following measures: a. Safeway shall pay stipulated penaltie s pursuant to Sect ion IX of this Consent Decree. b. By March 1, 2016, Safeway shall su bmit to EPA a proposed Corrective Action Plan for approval pursuant to this Consent Decree. The proposed Corrective Action Plan shall include a description of all actions taken or to be taken to ensure that Safeway achieves a Corporate-Wide Average Leak Rate that is at or below 18 percent for the calendar year 2016, and, with respect to actions not already comp leted, the schedule for their implementation. c. EPA shall, in writing, either approve the proposed Corrective Action Plan or disapprove it and provide written comments. Within 30 days of receiving EP A’s written comments, Safeway shall either (i) revise the Corrective Action Plan consistent with EPA’s written comments and submit the revised Corrective Action Plan to EPA for final approval, or (ii) invoke Dispute Resolution under Section XI of this Consent Decree. To the extent the proposed Corrective Action Plan requires acti on prior to receipt of EPA’s approval or disapproval, Safeway shall implement the proposed Corrective Action Plan in accordance with the schedule set forth therein until EPA approves a Corrective Action Plan or a Corrective Action Plan is completed pursu ant to Dispute Resolution. d. Upon receipt of EPA’s final approvalof the Corrective Action Plan, or Case3:13-cv-04086-JST Document11 Filed11/07/13 Page10 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 Consent Decree upon completion of the Corrective Action Plan pursuant to Dispute Reso lution, Safeway shall implement the Corrective Action Plan in acco rdance with the schedule set forth therein. e. Safeway shall achieve a Co rporate-Wide Average Leak Rate that is at or below 18 percent for the calendar year 2016. f. If Safeway fails to achiev e a Corporate-Wide Average Leak Rate that is at or below 18 percent for the calendar year 2016, Sa feway shall continue to take the measures set forth in Paragraph 15 each subs equent year until it achieves a Corporate-Wide Average Leak Rate that is at or below 18 percent for a calendar year. C. Emissions Reductions at Highest-Emission Stores 16. In calendar years 2013, 2014, and 2015, Safe way shall take the following steps to achieve a reduction in the a ggregate Refrigerant use at its Highest-Emission Stores: a. Within 60 days after the Effective Date of the Consent Decree, and no later than March 1 of each year after the year of the Effective Date, Safeway shall (i) identify its Highest-Emission Stores for the prior calendar year (the “baseline year”), and (ii) calculate the total number of pounds of Refriger ant added during the baseline year to all Covered Appliances at such Highest-Emission Stores. b. During the calendar year after the baseline year (the “target year”), Safeway shall achieve a reduction of at least 10 percent in the total number of pounds of Refrigerant added to al l Covered Appliances at the baseline year’s Highest-Emission Stores. c. In calculating the total number of pounds of Refrigerant added during the baseline year and the target year , Safeway shall not include (i) the initial charge of Refrigerant added to any new Covered Applianc e; (ii) where Refrigerant has be en recovered from an existing Covered Appliance in compliance with 40 C.F.R. § 82.156, the amount of any Refrigerant used to recharge such Covered Appliance, up to the amount of Refrigerant r ecovered; or (iii) the amount of any Refrigerant added to a Covered Appl iance to replace Refrigerant released as the result of an event that is determined by EPA or the Court to constitute a force majeure event under Section X of this Consent Decree (Force Majeure). 17. If, during any target year, Safeway fails to comply with Paragraph 16(b), Safeway Case3:13-cv-04086-JST Document11 Filed11/07/13 Page11 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 Consent Decree shall take the following measures: a. Safeway shall pay stipulated penaltie s pursuant to Sect ion IX of this Consent Decree. b. By March 1 of the year after the targ et year, Safeway shall submit to EPA a proposed Corrective Action Plan for approval pursuant to this Consent Decree. The proposed Corrective Action Plan shall include a description of all actions taken or to be taken to ensure that Safeway, during the calendar year after the target year, achieves a reduction of at least 10 percent in the total number of pounds of Refrig erant added to all Cove red Appliances at the baseline year’s Highest-Emission Stores, and, withrespect to actions not already completed, the schedule for their implementation. c. EPA shall, in writing, either approve the proposed Corrective Action Plan or disapprove it and provide written comments. Within 30 days of receiving EP A’s written comments, Safeway shall either (i) revise the Corrective Action Plan consistent with EPA’s written comments and submit the revised Corrective Action Plan to EPA for final approval, or (ii) invoke Dispute Resolution under Section XI of this Consent Decree. To the extent the proposed Corrective Action Plan requires acti on prior to receipt of EPA’s approval or disapproval, Safeway shall implement the proposed Corrective Action Plan in accordance with the schedule set forth therein until EPA approves a Corrective Action Plan or a Corrective Action Plan is completed pursu ant to Dispute Resolution. d. Upon receipt of EPA’s final approvalof the Corrective Action Plan, or upon completion of the Corrective Action Plan pursuant to Dispute Reso lution, Safeway shall implement the Corrective Action Plan in acco rdance with the schedule set forth therein. e. Safeway shall, during the calendar ye ar after the target year, achieve a reduction of at least 10 percent in the total number of pounds of Refrigerant added to all Covered Appliances at the baseline ye ar’s Highest-Emission Stores. 18. Safeway shall continue to take the measures set forth in Paragraph 17 each subsequent year until, during a cale ndar year, it achieves a reduction of at le ast 10 percent in the total number of pounds of Refrigerant added to al l Covered Appliances at the baseline year’s Case3:13-cv-04086-JST Document11 Filed11/07/13 Page12 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 Consent Decree Highest-Emission Stores. VII. PARTICIPATION IN RECOGNITION PROGRAMS 19. Safeway shall not seek partnership in any federal or state recognition program relating to ozone-depleting substances, including EPA’s GreenChill Advanced Refrigeration Partnership, until termination of this Consent Decree. This Paragraph shall not be construed to prohibit Safeway from: (i) exchanging data or info rmation with or through any such recognition program; and/or (ii) seeking cert ification for newly constructed or significantly remodeled stores. 20. Safeway shall not at any time use or re ly on measures taken in order to comply with the obligations of Section VI of this Consent Decree, or on any reduction in its CorporateWide Average Leak Rate or any Storewide Averag e Leak Rate achieved pursuant to this Consent Decree, as the basis for participation in any federal or state recognition program. VIII. REPORTING REQUIREMENTS 21. Within 60 days after the Effective Date of the Consent Decree, and no later than March 1 of each year after the year of the Ef fective Date, continuing until the Parties have submitted for the Court’s approval a joint stipulat ion terminating the Consent Decree pursuant to Paragraph 73, Safeway shall submitto the United States a Comp liance Report that includes the following information for the prior calendar year: a. a list of all Stores, specially noting all openings and closings; b. the Full Charge, in pounds, of each Covered Appliance at each Store; c. the number of pounds of Refrigerant added to each Covered Appliance at each Store; d. the Storewide Average Leak Rate for each Store; e. the Corporate-Wide Average Leak Rate; f. identification of the Highest-Emission Stores and their Storewide Average Leak Rates; g. the total number of pounds of Refrigerant added to all Covered Appliances at the Highest-Emission Stores identi fied in such Compliance Report; h. the total number of pounds of Refrigerant added to all Covered Appliances Case3:13-cv-04086-JST Document11 Filed11/07/13 Page13 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 Consent Decree at the Highest-Emission St ores identified in the Compliance Report covering the calendar year preceding the prior calendar year (not requi red for Safeway’s initial Compliance Report); i. a statement identifying whether Safeway met the requirement for emissions reductions at Highest-E mission Stores set forth in Paragraph 16 (not required for Safeway’s initial Compliance Report); j. a statement identifying whether Safeway met the requirement for emissions reductions at Highest-Emi ssion Stores set forth in Paragraph 17(e) or 18, as applicable (not required for Safeway’s initial two Compliance Reports); k. a certification that Safeway has comp lied with the Refrigerant Compliance Plan during the prior calendar year, or a descripti on of all incidences of noncompliance with the Refrigerant Compliance Plan during the prior ca lendar year and a certific ation that Safeway has otherwise complied with the Refri gerant Compliance Plan (not required for Safeway’s initial Compliance Report); and l. an affirmative statement regarding Safeway’s compliance or noncompliance with 40 C.F.R. Part 82, Subpart F, at the Stores during the prior calendar year (not required for Safeway’s initial Compliance Report). 22. Data in each Compliance Report submitted by Safeway under this Section shall be in Microsoft Excel or equivalent spreadsheet form. Safeway shall submit each Compliance Report to the United States in electronic form in accordance with the requirements of Section XV of this Consent Decree. 23. Each Compliance Report submitted by Safe way under this Sect ion shall be signed by a Safeway official and shall in clude the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervisio n in accordance with a system designed to assure that qualified pe rsonnel properly gather and evaluate the information submitted. Based on my inquiry of the pe rson or persons who manage the system, or those persons directly responsibl e for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page14 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 Consent Decree 24. Whenever any violation of this Consent Decree or any other event affecting Safeway’s performance under this Decree, or the performance of it s Stores, may pose an immediate threat to the public health or welfare or the environment, Safeway shall notify EPA orally or by electronic or facsimile transmissionas soon as possible, but no later than 24 hours after Safeway first knew of the violation or event. Notification to an applicable national reporting hotline, such as the National Response Ce nter, shall suffice to meet this requirement. This procedure is in additi on to the requirements set forth in Paragraphs 21 through 23. 25. The reporting requirements of this Consent Decree do not relieve Safeway of any reporting obligations required by the Clean Air Ac t or implementing regulations, or by any other federal, state, or local law, regul ation, permit, or other requirement. 26. Any information provided pursuant to this Consent Decree may be used by the United States in any proceeding to enforce th e provisions of this Consent Decree and as otherwise permitted by law. IX. STIPULATED PENALTIES 27. Safeway shall be liable for stipulated pe nalties to the United States for violations of this Consent Decree as specified below, unless excused under Section X (Force Majeure). A violation includes failing to perform any obli gation required by the terms of this Decree, including any work plan or schedule approved un der this Decree, according to all applicable requirements of this Decree and within the specified time schedules established by or approved under this Decree. 28. Payment of Civil Penalties . If Safeway fails to pay the civil penalties required to be paid under Section V of this Decree (C ivil Penalties) when due, Safeway shall pay a stipulated penalty of $2,5 00 per day for each day th at the payment is late. 29. Refrigerant Compliance Management System . For each failure to implement the Refrigerant Compliance Management System at a Store as required by Paragraph 12, Safeway shall pay a stipulated penalty of $5 00 per violation per Store per day. 30. Corporate-Wide Average Leak Rate . If Safeway fails to achieve a CorporateWide Average Leak Rate that is at or below 18 percent for the calendar year 2015 in accordance Case3:13-cv-04086-JST Document11 Filed11/07/13 Page15 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 Consent Decree with Paragraph 14, Safeway shall: (a) pay a stipulated penalty of $100,000, and (b) pay a stipulated penalty of $150,000 fo r each subsequent calendar ye ar until Safeway achieves a Corporate-Wide Average Leak Rate th at is at or below 18 percent. 31. Emissions Reductions at Highest-Emission Stores . If, during any target year, Safeway fails to achieve a reduction of at leas t 10 percent in the total number of pounds of Refrigerant added to all Covered Appliances at the baseline year’s Highest-Emission Stores as required by Paragraph 16(b), Safeway shall: (a) pay a stipulated penalty of $25,000 per year, and (b) pay a stipulated penalty of $40,000 for eachcalendar year after the target year in which Safeway fails to achieve a reduction of at leas t 10 percent in the total number of pounds of Refrigerant added to al l Covered Appliances at the baseline year’s Highest-Emission Stores. 32. Reporting Requirements . For each failure to comply with the requirements of Section VIII of this Consent Decree within th e specified time schedules established by this Decree, Safeway shall pay a stipulated penalty of $1,000 per violation per day. 33. Stipulated penalties under this Secti on shall begin to accrue on the day after performance is due or on the day a violation occurs, whichever is applicable, and shall continue to accrue until performance is satisfactorily comp leted or until the violation ceases. Stipulated penalties shall accrue simultaneously for se parate violations of this Consent Decree. 34. Safeway shall pay any stipulated penalty within 30 days of receiving the United States’ written demand. 35. The United States may, in the unreviewable exercise of its discretion, reduce or waive stipulated penalties otherwise due it under this Consent Decree. 36. Stipulated penalties shall continue toaccrue as provided in Paragraph 33 during any Dispute Resolution, but need not be paid until the following: a. If the dispute is resolved by agreement or by a decision of EPA that is not appealed to the Court, Safeway shall pay accrue d penalties determined to be owing, together with interest, to the United Stat es within 30 days of the effective date of the agreement or the receipt of EPA’s decision or order. b. If the dispute is appealed to the Court and the United States prevails in Case3:13-cv-04086-JST Document11 Filed11/07/13 Page16 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 Consent Decree whole or in part, Safeway shall pay all accrued penalties determ ined by the Court to be owing, together with interest, within 60 days of receiv ing the Court’s decision or order, except as provided in subparagraph (c), below. c. If any Party appeals the District Court’s decision, Safeway shall pay all accrued penalties determined to be owing, together with interest, within 15 days of receiving the final appellate court decision. 37. Safeway shall pay stipulated penalties owing to the United States in the manner set forth and with the confirmation notices requir ed by Paragraph 10, except that the transmittal letter shall state that the payment is for stipulat ed penalties and shall state for which violation(s) the penalties are being paid. 38. If Safeway fails to pay stipulated penalt ies according to the terms of this Consent Decree, Safeway shall be liable for interest on such penalties, as provided for in 28 U.S.C. § 1961, accruing as of the date payment became due. Nothing in this Paragraph shall be construed to limit the United States from seek ing any remedy otherwise provided by law for Safeway’s failure to pay any stipulated penalties. 39. Subject to the provisions of Section XIII of this Consent Decree (Effect of Settlement/Reservation of Rights), the stipulated penalties provided for in this Decree shall be in addition to any other rights, reme dies, or sanctions available to the United States for Safeway’s violation of this Decree or applicable law. Wh ere a violation of this Consent Decree is also a violation of Section 608 of the Ac t or 40 C.F.R. Part 82, Subpart F, Safeway shall be allowed a credit, for any stipulated penalties paid, against any statutory penalties imposed for such violation. X. FORCE MAJEURE 40. “Force majeure,” for purposes of this Consent Decree, is defined as any event arising from causes beyond the cont rol of Safeway, of any entity controlled by Safeway, or of Safeway’s contractors, that impedes – i.e., de lays or prevents – the performance of any obligation under this Consent Decree despite Safe way’s best efforts to fulfill the obligation. The requirement that Safeway exercise “best efforts to fulfill the obligation” includes using best Case3:13-cv-04086-JST Document11 Filed11/07/13 Page17 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 Consent Decree efforts to anticipate any potentia l force majeure event and best ef forts to address the effects of any such event (a) as it is occurring and (b) af ter it has occurred to prevent or minimize any resulting impedance to the greatest extent possib le. “Force Majeure” does not include Safeway’s financial inability to perform any obl igation under this Consent Decree. 41. If any event occurs or has occurred that may impede the performance of any obligation under this Consent Decree, whether or not caused by a force majeure event, Safeway shall provide notice orally or by electronic or facsimile transmissi on to EPA, within seven days of when Safeway first knew that the event might cause an impedance. Within 30 days thereafter, Safeway shall provide in writing to EPA an expl anation and description of the reasons for the impedance; the duration or anticipated duration of the impedance; al l actions taken or to be taken to prevent or minimize the impedance; a schedulefor implementation of any measures taken or to be taken to prevent or mitigate the impedance or the effect of th e impedance; Safeway’s rationale for attributing such impedance to a force majeure event if it intends to assert such a claim; and a statement as to whether, in th e opinion of Safeway, such event may cause or contribute to an endang erment to public health, welfare or the environment. Safeway shall include with any notice all available documentation supporting the claim that the impedance was attributable to a force majeure. Failure to co mply with the above requi rements shall preclude Safeway from asserting any claim of force majeure for that event for the period of time of such failure to comply, and for any additional impeda nce caused by such failure. Safeway shall be deemed to know of any circumstance of which Sa feway, any entity controlled by Safeway, or Safeway’s contractors knew or should have known. 42. If EPA agrees that the impedance or anticipated impedance is attributable to a force majeure event, EPA will extend the timefor performance of the obligations under this Consent Decree that are affected by the force majeure event for such time as is necessary to complete those obligations and/or reduce or waiv e stipulated penalties otherwise due under this Decree as a result of Safeway’s failure to perfor m such obligations. An extension of the time for performance of the obligations affected by the forc e majeure event shall not, of itself, extend the time for performance of any other obligation. EPA will notify Safeway in wr iting of its decision, Case3:13-cv-04086-JST Document11 Filed11/07/13 Page18 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 Consent Decree including the length of any extension for performance of the obligations affected by the force majeure event. 43. If EPA does not agree that the impedanc e or anticipated impedance has been or will be caused by a force maje ure event, EPA will notify Safeway in writing of its decision. 44. If Safeway elects to invoke the dispute re solution procedures set forth in Section XI (Dispute Resolution), it shall do so no later th an 30 days after receipt of EPA’s notice. In any such proceeding, Safeway shall have the burden of demonstrating by a preponderance of the evidence that the impedance or anticipated impedance has beenor will be caused by a force majeure event, that the duration of the impedance or the relief sought was or will be warranted under the circumstances, that best efforts were ex ercised to avoid and miti gate the effects of the impedance, and that Safeway complied with the re quirements of Paragraphs 40 and 41, above. If Safeway carries this burden, the impedance at is sue shall be deemed not to be a violation by Safeway of the affected obligation of this Cons ent Decree identified to EPA and the Court. XI. DISPUTE RESOLUTION 45. Unless otherwise expressly provided for in this Consent Decree, the dispute resolution procedures of this Section shall be th e exclusive mechanism to resolve disputes arising under or with respect to this Consent Decree. Safeway’s failure to seek resolution of a dispute under this Section shall preclude Safeway from ra ising any such issue as a defense to an action by the United States to enforce any oblig ation of Safeway arising under this Decree. 46. Informal Dispute Resolution . Any dispute subject to Dispute Resolution under this Consent Decree shall first be the subject of informal negotiations. The dispute shall be considered to have arisen when Safeway sends th e United States a writte n Notice of Dispute. Such Notice of Dispute shall state clearly the matter in dispute. The period of informal negotiations shall not exceed 20 days from the date the dispute arises, unless that period is modified by written agreement. If the Parties ca nnot resolve a dispute by informal negotiations, then the position advanced by the United States shall be considered bi nding unless, within 30 days after the conclusion of th e informal negotiation period, Safeway invokes formal dispute resolution procedures as set forth below. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page19 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17 Consent Decree 47. Formal Dispute Resolution . Safeway shall invoke formal dispute resolution procedures, within the time periodprovided in the preceding Paragraph, by serving on the United States a written Statement of Position regarding th e matter in dispute. The Statement of Position shall include, but need not be limited to, any factual data, analysis, or opinion supporting Safeway’s position and any supporting documentation re lied upon by Safeway. 48. The United States shall serve its Statement of Position within 30 days of receipt of Safeway’s Statement of Position. The United St ates’ Statement of Position shall include, but need not be limited to, any factual data, analysis, or opinion s upporting that position and any supporting documentation relied upon by the United States. The United States’ Statement of Position shall be binding on Safe way, unless Safeway files a motion for judicial review of the dispute in accordance with the following Paragraph. 49. Safeway may seek judicial review of the dispute by filing with the Court and serving on the United States, in accordance with Section XV of this Consent Decree (Notices), a motion requesting judicial resoluti on of the dispute. The motion mu st be filed within 30 days of receipt of the United States’ Statement of Positi on pursuant to the preceding Paragraph. The motion shall contain a written statement of Safe way’s position on the matter in dispute, including any supporting factual data, analysis, opinion, or documentation, and shall set forth the relief requested and any schedule within which th e dispute must be resolved for orderly implementation of the Consent Decree. 50. The United States shall respond to Sa feway’s motion within the time period allowed by the Local Rules of th is Court. Safeway may file a reply memorandum, to the extent permitted by the Local Rules. 51. Standard of Review . Except as otherwise provided in this Consent Decree, in any dispute brought under Paragraph 47, Safeway shall bear the burden of demonstrating that its position complies with this Consent Decree and that it is entitled to relief under applicable principles of law. In their initial filings withthe Court under Paragraphs 49 and 50, the Parties shall state their respective positions as to the applicable standard of law for resolving the dispute. 52. The invocation of dispute resolution procedures under this Section shall not, by Case3:13-cv-04086-JST Document11 Filed11/07/13 Page20 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18 Consent Decree itself, extend, postpone, or affect in any way any obligation of Safeway under this Consent Decree, unless and until final resolution of the dispute so provides. Stipulated penalties with respect to the disputed matter shall continue to accrue from the first day of noncompliance, but payment shall be stayed pending resolution of th e dispute as provided in Paragraph 36. If Safeway does not prevail on the disputed issue, stipulated penalties shall be assessed and paid as provided in Section IX (Stipulated Penalties). XII. INFORMATION COLLECTION AND RETENTION 53. The United States and its representative s, including attorneys, contractors, and consultants, shall have the right of entry into any Store covere d by this Consent Decree, at all reasonable times, upon presentation of credentials, to: a. monitor the progress of activities required under this Consent Decree; b. verify any data or information su bmitted to the United States in accordance with the terms of this Consent Decree; c. obtain documentary evidence, including photographs and similar data; and d. assess Safeway’s compliance with this Consent Decree. 54. Until five years after the termination of this Consent Decree, Safeway shall retain, and shall instruct its contract ors and agents to preserve, al l documents, records, or other information (including documents, records, or other information inelectronic form) necessary to demonstrate Safeway’s performance of its obligations unde r this Consent Decree. This information-retention requirement shall apply regardless of any co ntrary corporate or institutional policies or proce dures. At any time during this informatio n-retention period, upon request by the United States, Safeway shall provid e copies of any documents, records, or other information required to be maintained under this Paragraph. 55. At the conclusion of the information-re tention period provid ed in the preceding Paragraph, Safeway shall notify the United States at least 90 days prior to the destruction of any documents, records, or other information subjectto the requirements of the preceding Paragraph and, upon request by the United States, Safeway sh all deliver any such documents, records, or other information to EPA. Safeway may assert that certain documents, records, or other Case3:13-cv-04086-JST Document11 Filed11/07/13 Page21 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19 Consent Decree information is privileged under the attorney-cli ent privilege or any other privilege recognized by federal law. If Safeway asserts su ch a privilege, it shall provide th e following: (1) the title of the document, record, or information; (2) the date of the document, record, or information; (3) the name and title of each author of the document, record, or information; (4) the name and title of each addressee and recipient; (5) a description of the subject of the document, record, or information; and (6) the privilege asserted by Safeway. However, no documents, records, or other information required to be created or ge nerated under this Consent Decree shall be withheld on grounds of privilege. 56. Safeway may also assert that inform ation required to be provided under this Section is protected as Confidential Business Information (“CBI”) under 40 C.F.R. Part 2. As to any information that Safeway seeks to protect as CBI, Safeway shall follow the procedures set forth in 40 C.F.R. Part 2. 57. This Consent Decree in no way limits or affects any right of entry and inspection, or any right to obtain in formation, held by the United States pursuant to applicable federal laws, regulations, or permits, no r does it limit or affect any duty or obligation of Safeway to maintain documents, records, or other information im posed by applicable federal or state laws, regulations, or permits. XIII. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS 58. This Consent Decree resolves the civil claims of the United States against Safeway for any violations of 40 C.F.R. §§ 82.156(i), 82.166(k), or 82.166(m) at the Stores arising out of facts and events that occurred prior to the date of lodging, including the civil claims of the United States for the violations alleged in the Complaint through the date of lodging. 59. The United States reserves all legal an d equitable remedies available to enforce the provisions of this Consent De cree, except as expressly stated in Paragraph 58. This Consent Decree shall not be construed to limit the rights of the United States to obtain penalties or injunctive relief under the Act or implementi ng regulations, or unde r other federal laws, regulations, or permit conditions, except as expre ssly specified in Paragraph 58. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page22 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20 Consent Decree 60. In any subsequent administrative or j udicial proceeding initiated by the United States for injunctive relief, civil penalties, orother appropriate relief relating to the Stores, Safeway shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any cont ention that the claims raised by the United States in the subsequent proceeding were or should have been brought in the in stant case, except with respect to claims that have beenspecifically resolved pu rsuant to Paragraph 58. 61. This Consent Decree is not a permit, or a modification of any permit, under any federal, state, or local laws or regulations. Sa feway is responsible for achieving and maintaining complete compliance with all applicable federal, state, and local laws, regulations, and permits; and Safeway’s compliance with this Consent Decree shall be no defense to any action commenced pursuant to any such laws, regulations, or permits, except as set forth herein. The United States does not, by its cons ent to the entry of this Consent Decree, warrant or aver in any manner that Safeway’s compliance with any aspect of this Consent Decree will result in compliance with provisions of the Act, 42 U.S.C. § 7401 et seq. , or with any other provisions of federal, state, or local laws, regulations, or permits. 62. This Consent Decree does not limit or affect the rights of Safeway or of the United States against any third parties, not party to this Consent Decree, nor does it limit the rights of third parties, not party to this Cons ent Decree, against Safeway, except as otherwise provided by law. 63. This Consent Decree shall not be construe d to create rights in, or grant any cause of action to, any third party not party to this Consent Decree. XIV. COSTS 64. The Parties shall bear their own costs of this action, including attorney’s fees, except that the United States shall be entitled to collect the costs (including attorney’s fees) incurred in any judicial enforcem ent action necessary to collect any portion of the civil penalties or any stipulated penalties due but not paid by Safeway. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page23 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 Consent Decree XV. NOTICES 65. Unless otherwise specified herein, whenever notifications, submissions, or communications are required by this Consent Decree, they shall be made in writing and addressed as follows: For notifications, submissions, or co mmunications to the United States : Chief, Environmental Enforcement Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box 7611 Ben Franklin Station Washington, DC 20044-7611 eescasemanagement.enrd@usdoj.gov Re: DOJ No. 90-5-2-1-09644 and Brian Riedel (riedel.brian@epa.gov) Joel Jones (jones.joel@epa.gov) U.S. Environmental Protection Agency Region IX 75 Hawthorne Street San Francisco, CA 94105 For notifications, submissions, or communications to EPA : Brian Riedel (riedel.brian@epa.gov) Joel Jones (jones.joel@epa.gov) U.S. Environmental Protection Agency Region IX 75 Hawthorne Street San Francisco, CA 94105 For notifications, submissions, or communications to Safeway : Valerie D. Lewis Senior Corporate Counsel Safeway Inc. 5918 Stoneridge Mall Road Pleasanton, CA 94588 valerie.lewis@safeway.com

66. Any Party may, by written notice to the other Parties, change its designated notice recipient or notice address provided in Paragraph 22 or 65 of this Consent Decree. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page24 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22 Consent Decree 67. Notices submitted pursuant to this Section shall be deemed submitted upon mailing or electronic mailing, as applicable, unless otherwise provided in this Consent Decree or by mutual agreement of the Parties in writing. XVI. EFFECTIVE DATE 68. The Effective Date of this Consent Decree shall be the date upon which this Decree is entered by the Court or a motion to ente r the Decree is granted, whichever occurs first, as recorded on the Court’s docket. XVII. RETENTION OF JURISDICTION 69. The Court shall retain jurisdiction over th is case until termination of this Consent Decree, for the purpose of reso lving disputes arising under this Decree or entering orders modifying this Decree, pursuantto Sections XI and XVIII, or effectuating or enforcing compliance with the terms of this Decree. XVIII. MODIFICATION 70. The terms of this Consent Decree, in cluding any attached appendices, may be modified only by a subsequent written agreement signed by the Parties. Where the modification constitutes a material change to this Decree, it shall be effective only upon approval by the Court. 71. Any disputes concerning modification of th is Decree shall be re solved pursuant to Section XI of this Decree (Dispute Resolution), provided, however, that, instead of the burden of proof provided by Paragraph 51, the Party s eeking the modification bears the burden of demonstrating that it is entitled to the requested modification in accordance with Federal Rule of Civil Procedure 60(b). XIX. TERMINATION 72. After Safeway has completed the requirements of Section VI (Compliance Requirements) of this Consent Decree, has complied with all other requirements of this Decree, and has paid the civil penalties and any accrued stipulated penaltie s as required by this Decree, Safeway may serve upon th e United States a Request for Termination, stating th at Safeway has satisfied those requirements, together wi th all necessary supp orting documentation. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page25 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23 Consent Decree 73. Following receipt by the United States of Safeway’s Request for Termination, the Parties shall confer informally concerning the Request and any di sagreement that the Parties may have as to whether Safeway has satisfactorily co mplied with the requireme nts for termination of this Consent Decree. If the United States agrees that the Consent Decree may be terminated, the Parties shall submit, for the C ourt’s approval, a joint stipul ation terminating the Decree. 74. If the United States does not agree that the Consent Decree may be terminated, Safeway may invoke Dispute Resolution under Section XI of this Decree. However, Safeway shall not seek Dispute Resoluti on of any dispute regarding termination, under Paragraph 47 of Section XI, until 60 days after serv ice of its Request for Termination. XX. PUBLIC PARTICIPATION 75. This Consent Decree shall be lodged with the Court for a period of not less than 30 days for public notice and comment in accordan ce with 28 C.F.R. § 50.7. The United States reserves the right to withdraw or withhold its consent if the comments regarding the Consent Decree disclose facts or considerations indicati ng that the Consent Decree is inappropriate, improper, or inadequate. Safeway consents to entry of this Consent Decree without further notice and agrees not to withdraw from or oppose entry of this Consent D ecree by the Court or to challenge any provision of the De cree, unless the United States has notified Safeway in writing that it no longer supports entry of the Decree. XXI. SIGNATORIES/SERVICE 76. Each undersigned representative of Sa feway and the Assistant Attorney General for the Environment and Natural Re sources Division of the Departme nt of Justice certifies that he or she is fully authorized to enter into the te rms and conditions of this Consent Decree and to execute and legally bind the Party he or she represents to this document. 77. This Consent Decree may be signed in co unterparts, and its va lidity shall not be challenged on that basis. Safeway agrees to accep t service of process by mail with respect to all matters arising under or relating to this Cons ent Decree and to waive the formal service requirements set forth in Rules 4 and 5 of th e Federal Rules of Civil Procedure and any applicable Local Rules of this Court includi ng, but not limited to, service of a summons. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page26 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24 Consent Decree XXII. INTEGRATION 78. This Consent Decree constitutes the fina l, complete, and exclusive agreement and understanding among the Parties with respect to the settlement embodied in the Decree and supersedes all prior agreements and understandings, whether oral or written, concerning the settlement embodied herein. Other than deli verables that are subsequently submitted and approved pursuant to this Consent Decree, no other document, nor any representation, inducement, agreement, understanding, or promise, constitutes any part of this Decree or the settlement it represents, nor shall it be us ed in construing the terms of this Decree. XXIII. FINAL JUDGMENT 79. Upon approval and entry of this Consent Decree bythe Court, this Consent Decree shall constitute a final judgment of the Court as to the United States and Safeway. XXIV. APPENDICES 80. The following appendices are attached to and part of this Consent Decree: “Appendix A” is the list of Stores as of the date of lodging of the Consent Decree. “Appendix B” is the Refrigerant Compliance Plan.

Dated and entered this ___ ___ day of ____ _________________, 20____.

_______

_____________________ __________ United States District Judge Northern District of California Case3:13-cv-04086-JST Document11 Filed11/07/13 Page27 of 1101 THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter of United States v.

Safeway Inc. (N.D. Cal.): 2 3 FOR PLAINTIFF UNITED STATES OF AMERICA:

4 5

6 ROBERT G. DREHER

~ Acting Assistant Attorney General Environment and Natural Resources Division 8 9 10 ~,/' 1/ v ~ AI~~ 1'~~ 11 MARK SABATH Trial Attorney 12 Environmental Enforcement Section Environment and Natural Resources Division 13 U.S. Department of Justice 14 P•O. Box 7611 Washington, DC 20044 -7611 15 (202) 514 -1196

16 17 18 19 20 21 22 23 24 25 26

27 28 25 Consent Decree

Case3:13-cv-04086-JST Document11 Filed11/07/13 Page28 of 110Case3:13-cv-04086-JST Document11 Filed11/07/13 Page29 of 1101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 f

THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter of United States v Safeway Inc. (N.D. Ca1.):

FOR PLAINTIFF UNITED STATES OF AMERICA:

J D BLUMEN LD R Tonal Administrator U.S. Environmental Protection Agency, Region IX 75 Hawthorne Street San Francisco, CA 94105



### 'h 0~ BRIAN P. RI DEL Assistant Regional Counsel U.S. Environmental Protection Agency, Region IX

27 Consent Decree Case3:13-cv-04086-JST Document11 Filed11/07/13 Page30 of 1101 THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter of United States v.

Safewa~Inc. (N.D. Cal.): 2 3 FOR DEFENDANT SAFEWAY INC.:

4 5

6 NAME Valerie D. Lewis

~ [Title) Assistant Vice President & Assistant Secretary 8 9 Agent a~utharize~ to adept serv~:,e on i~ehalF ~f move- signed party: 10 11 12 Corporation Service Company [NAME) 13 [Address) 2730 Gateway Oaks Dr. , 4100 Sacramento, CA 95833 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

28 Consent Decree

Case3:13-cv-04086-JST Document11 Filed11/07/13 Page31 of 110

# APPENDIX A

Case3:13-cv-04086-JST Document11 Filed11/07/13 Page32 of 110Appendix A: List of Stores

Store Street City State ZIP

27 5025 South Kipling St. Littleton CO 80127 41 13111 West Alameda Pkwy. Lakewood CO 80228 91 1227 15th Ave. Longview WA 9 8632 111 105 Neal St. Grass Valley CA 95945 190 424 Howe Ave. Sacramento CA 95825 204 2855 E Manoa Rd. Honolulu HI 96822 211 848 Ala Lilikoi St. Honolulu HI 96818 215 377 Keahole St. Honolulu HI 96825 219 3900 South Othello St. Seattle WA 98118 220 170 E Kamehameha Ave. Kahului Maui HI 96732 236 10926 West Bell Rd. Sun City AZ 85373 239 1601 North Park Dr. Winslow AZ 86047 242 3904 East 120th Ave. Thornton CO 80233 245 1044 Willow Creek Rd. Prescott AZ 86301 247 1225 West Guadalupe Rd. Mesa AZ 85202 249 650 Elm St. Page AZ 86040 250 4752 East Sunrise Dr. Tucson AZ 85718 251 1208 Morgan St. Davenport WA 99122 253 3185 West Apache Trail Apache Junction AZ 85120 261 101 Naco Hwy. Bisbee AZ 85603 262 20 E Main St. Quincy CA 95971 272 650 North Bisbee Ave. Willcox AZ 85643 284 1499 Hwy. 101 Reedsport OR 97467 290 115 SE Seventh St. Grants Pass OR 97526 300 253 Mt. Herman Rd. Scotts Valley CA 95066 305 1071 El Camino Redwood City CA 94063 307 215 East Rose St. Walla Walla WA 99362 313 1601 Hollenbeck Ave. Sunnyvale CA 94087 330 9517 Ralston Rd. Arvada CO 80002 333 1803 George Washington Way Richland WA 99354 344 9160 West Colfax Ave. Lakewood CO 80215 350 702 North 5th Ave. Sandpoint ID 83864 363 700 Hwy. 101 Florence OR 97439 368 2100 Queen Anne Ave. N Seattle WA 98109 371 601 West North St. Enterprise OR 97828 378 2220 North Coast Hwy. Newport OR 97365 379 1640 Williams Hwy. Grants Pass OR 97527 386 1755 Ivy St. Junction City OR 97448 390 2425 Miner St. Idaho Springs CO 80452 400 3707 North Main St. Vancouver WA 98663 406 2836 Pacific Ave. Forest Grove OR 97116 412 1455 Edgewater St. NW Salem OR 97304 424 795 Columbia River Hwy. St. Helens OR 97051

A-1 Consent Decree Case3:13-cv-04086-JST Document11 Filed11/07/13 Page33 of 110Appendix A: List of Stores

429 3380 Lancaster Dr. NE Salem OR 97305 430 1455 NE Division St. Gresham OR 97030 444 990 Hwy. 395 South Hermiston OR 97838 459 20830 108th Ave. SE Kent WA 98031 461 709 North Federal Blvd. Riverton WY 82501 462 205 North 5th Ave. Yakima WA 98902 477 28810 Military Rd. S Federal Way WA 98003 486 3842 Bridgeport Way Tacoma WA 98466 488 3020 Northeast 45th St. Seattle WA 98105 494 152 Roosevelt Ave. E Enumclaw WA 98022 496 15000 N E 24th Redmond WA 98052 497 17202 15th Ave. NE Shoreline WA 98155 502 5702 Summitview Ave. Yakima WA 98908 503 11031 19th Ave. SE Everett WA 98208 508 401 A Ave. Lake Oswego OR 97034 514 642 NE Third St. Bend OR 97701 531 101 Auburn Way S Auburn WA 98002 533 19150 NE Woodinville Duvall Rd. Woodinville WA 98077 534 3532 172nd St. Arlington WA 98223 535 20711 Bothell Hwy. Bothell WA 98012 537 19651 Hwy. 2 Monroe WA 98272 543 4700 Yelm Rd. SE Lacey WA 98503 544 21301 Hwy. 410 Bonney Lake WA 98391 549 500 East Third St. Alliance NE 69301 555 630 228th Ave. NE Sammamish WA 98074 563 613 S. Sixth St. Sunnyside WA 98944 584 711 West First Ave. Toppenish WA 98948 633 710 Rte. 73 South Marlton NJ 08053 635 1295 Victory Way Craig CO 81625 638 4100 Redwood Rd. Oakland CA 94619 640 16 Rancho Del Mar Aptos CA 95003 654 2096 Mountain Blvd. Oakland CA 94611 668 2100 Ralston Ave. Belmont CA 94002 669 5130 Broadway Oakland CA 94611 683 730 West Main St. Farmington NM 87401 687 6310 College Ave. Oakland CA 94618 691 1444 Shattuck Pl. Berkeley CA 94709 706 104 Midvalley Carmel CA 93923 722 457 West Main St. Trinidad CO 81082 737 160 First St. Los Altos CA 94022 739 3350 Mission St. San Francisco CA 94110 759 625 Monterey Blvd. San Francisco CA 94127 761 1212 Forest Ave. Pacific Grove CA 93950 763 2605 The Alameda Ave. Santa Clara CA 95050

A-2 Consent Decree Case3:13-cv-04086-JST Document11 Filed11/07/13 Page34 of 110Appendix A: List of Stores

767 6132 Bollinger Rd. San Jose CA 95129 777 30 Chestnut Ave. S San Francisco CA 94080 782 37601 Hwy. 26 Sandy OR 97055 783 3540 Mt. Diablo Blvd. Lafayette CA 94549 785 850 La Playa St. San Francisco CA 94121 786 6255 Graham Hill Rd. Felton CA 95018 790 555 Bancroft Ave. San Leandro CA 94577 792 17023 SE 272nd St. Kent WA 98042 793 600 F St. Arcata CA 95521 797 231 W Jackson St. Hayward CA 94544 799 117 Morrissey Blvd. Santa Cruz CA 95062 835 5060 North Academy Blvd. Colorado Springs CO 80918 836 1008 N. Summit Blvd. Frisco CO 80443 853 7625 Old Georgetown Rd. Bethesda MD 20814 908 3550 Fruitvale Ave. Oakland CA 94602 910 1554 First St. Livermore CA 94550 913 1620 Clay St. Napa CA 94559 917 600 S Broadway Walnut Creek CA 94596 918 6340 Commerce Blvd. Rohnert Park CA 94928 919 12876 Saratoga Sunnyvale Rd. Saratoga CA 95070 928 600 Patterson Blvd. Pleasant Hill CA 94523 929 2558 Berryessa Rd. San Jose CA 95132 932 950 Las Gallinas Ave. San Rafael CA 94903 933 406 N Main St. Sebastopol CA 95472 936 710 Bancroft Rd. Walnut Creek CA 94598 939 3334 Alhambra Ave. Martinez CA 94553 951 867 Island Dr. Alameda CA 94502 952 139 N Washington St. Easton MD 21601 956 1799 Marlow Rd. Santa Rosa CA 95401 964 4950 Mission St. San Francisco CA 94112 967 2 Camino Sobrante Orinda CA 94563 968 709 Lincoln Rd. W Vallejo CA 94590 969 1355 Moraga Way Moraga CA 94556 970 1655 El Camino Real San Mateo CA 94402 975 701 S Fortuna Blvd. Fortuna CA 95521 976 605 Parker Bldg. A Rodeo CA 94572 978 660 S Main St. Ft Bragg CA 95437 983 1071 11th St. Lakeport CA 95453 984 14922 Olympic Dr. Clearlake CA 95422 988 3002 Story Rd. San Jose CA 95127 993 3902 Washington Blvd. Fremont CA 94538 994 1499 Washington Ave. San Leandro CA 94577 999 921 E Hillsdale Blvd. Foster City CA 94404 1004 2850 Audubon Village Dr. Audubon PA 19403

A-3 Consent Decree Case3:13-cv-04086-JST Document11 Filed11/07/13 Page35 of 110Appendix A: List of Stores

1011 14610 Memorial Dr. Houston TX 77079 1012 5219 Fm 1960 West Houston TX 77069 1013 1407 South Voss Rd. Houston TX 77057 1022 11711 West Bellfort St. Stafford TX 77477 1031 2931 Central City Blvd. Galveston TX 77551 1041 4800 West Bellfort St. Houston TX 77035 1055 7720 East Hwy. 69 Prescott Valley AZ 86314 1057 4540 Kingwood Dr. Kingwood TX 77345 1066 12850 Memorial Dr. Houston TX 77024 1073 6194 SW Murray Blvd. Beaverton OR 97008 1078 2930 Ocean Beach Hwy. Longview WA 98632 1082 3355 Bethel Rd. SE Port Orchard WA 98366 1089 12251 Darnestown Rd. Gaithersburg MD 20878 1090 2685 Mill Bay Rd. Kodiak AK 99615 1094 1891 Pioneer Pkwy. Springfield OR 97477 1103 6701 East Mill Plain Blvd. Vancouver WA 98661 1107 12680 West 64th Ave. Arvada CO 80004 1108 1750 Miramonte Ave. Mountan View CA 94040 1109 2090 Harbison Dr. Vacaville CA 95687 1110 1546 North Main St. Salinas CA 93906 1115 7150 Leetsdale Dr. Denver CO 80224 1116 1050 Ken Pratt Blvd. Longmont CO 80501 1119 3747 Grand Ave. Oakland CA 94610 1123 2249 Cascade Ave. Hood River OR 97031 1125 1366 East Ave. Chico CA 95973 1126 11275 East Via Linda Scottsdale AZ 85259 1127 2401 Waterman Dr. Fairfield CA 94534 1135 804 West First St. Cle Elum WA 98922 1142 12519 NE 85th St. Kirkland WA 98033 1143 8340 15th Ave. NW Seattle WA 98117 1145 1955 South Sheridan Blvd. Denver CO 80227 1146 6775 West 120th Ave. Broomfield CO 80020 1159 121 W. Walnut St. Newport WA 99156 1160 1600 Plaza Way Walla Walla WA 99362 1186 27035 Pacific Hwy. S Des Moines WA 98198 1194 607 Omache Dr. Omak WA 98841 1195 5431 Clayton Rd. Clayton CA 94517 1196 639 S. Bernardo Ave. Sunnyvale CA 94087 1197 1790 Decoto Rd. Union City CA 94587 1201 4005 East Chandler Blvd. Phoenix AZ 85048 1203 2525 SE Tualatin Valley Hwy. Hillsboro OR 97123 1207 2300 West Hwy. 89A Sedona AZ 86336 1210 5150 Mae Anne Ave. Reno NV 89523 1211 3496 Camino Tassajara Danville CA 94506

A-4 Consent Decree Case3:13-cv-04086-JST Document11 Filed11/07/13 Page36 of 110Appendix A: List of Stores

1213 1902 Viers Mill Rd. Rockville MD 20851 1218 2970 Main St. Susanville CA 96130 1223 11919 North Jantzen Ave. Portland OR 97217 1224 5877 Jarvis Ave. Newark CA 94560 1225 1500 East Cedar Ave. Flagstaff AZ 86004 1229 465 West Mariposa Rd. Nogales AZ 85621 1230 2177 N.W. 185th Ave. Hillsboro OR 97124 1232 530 Canal St. King City CA 93930 1234 1125 Second St. Brentwood CA 94513 1242 E 2509 29th Ave. Spokane WA 99223 1245 15549 Union Ave. Los Gatos CA 95032 1246 6201 6th Ave. Tacoma WA 98406 1247 11041 Westheimer Rd. Houston TX 77042 1248 2660 North Federal Blvd. Denver CO 80211 1249 7500 South Pierce Way Littleton CO 80128 1252 253 High School Rd. NE Bainbridge Island WA 98110 1253 23565 North Scottsdale Rd. Scottsdale AZ 85255 1255 7110 North Oracle Rd. Tucson AZ 85704 1257 4495 First St. Livermore CA 94551 1258 1235 Stratford Ave. Dixon CA 95620 1259 3365 Deer Valley Rd. Antioch CA 94531 1260 401 South Roosevelt Dr. Seaside OR 97138 1263 590 Farrington Hwy. #400 Kapolei HI 96707 1265 2785 Yulupa Ave. Santa Rosa CA 95405 1266 11290 Donner Pass Rd. Truckee CA 96161 1267 6460 East Yale Ave. Denver CO 80222 1269 1541 N.E. 181st Ave. Gresham OR 97230 1270 2042 Daniel Stewart Sq. Woodbridge VA 22191 1273 N 1441 Argonne Rd. Spokane WA 99212 1274 4567 E. U.S. Hwy. 60 Miami AZ 85539 1275 599 West 4th St. Benson AZ 85602 1276 6500 Piney Branch Rd., NW Washington DC 20012 1283 8646 Richmond Hwy. Alexandria VA 22309 1285 6130 Rose Hill Dr. Alexandria VA 22310 1286 3275 West Colorado Ave. Colorado Springs CO 80904 1287 800 N.E. Third Ave. Camas WA 98607 1291 13733 Fountain Hills Blvd. Fountain Hills AZ 85268 1293 2341 So Winchester Blvd. Campbell CA 95008 1294 210 Washington Ave. S Kent WA 98032 1297 23632 Hwy. 99 Edmonds WA 98026 1299 10100 N. Newport Hwy. Spokane WA 99218 1300 1330 Chain Bridge Rd. McLean VA 22101 1304 7397 Lee Hwy. Falls Church VA 22042 1344 3129 Marshall Hall Rd. Bryans Rd. MD 20616

A-5 Consent Decree Case3:13-cv-04086-JST Document11 Filed11/07/13 Page37 of 110Appendix A: List of Stores

1358 5101 Wilson Blvd. Arlington VA 22205 1395 4203 Davenport St. NW Washington DC 20016 1415 7605 Crain Hwy. Upper Marlboro MD 20772 1428 299 S Van Dorn St. Alexandria VA 22304 1431 12200 West Ox Rd. Fairfax VA 22033 1434 9080 Brooks Rd. Windsor CA 95492 1436 1624 72nd St. E Tacoma WA 98404 1437 1302 S. 38th Tacoma WA 98418 1438 415 North Main St. Aztec NM 87410 1439 785 El Camino Real Sunnyvale CA 94087 1440 624 Hwy. 105 Monument CO 80132 1443 8785 Branch Ave. Clinton MD 20735 1445 2845 Alabama Ave. SE Washington DC 20020 1446 11051 South Parker Rd. Parker CO 80134 1447 6901 N.E. Sandy Blvd. Portland OR 97213 1448 680F West Washington St. Sequim WA 98382 1449 501 N Miller St. Wenatchee WA 98801 1451 221 NE 122nd Ave. Portland OR 97230 1455 840 E Dunne Ave. Morgan Hill CA 9 5037 1458 1500 East Main St. Cottage Grove OR 97424 1460 1781 Forest Dr. Annapolis MD 21401 1462 5821 Crossroads Ctr. Falls Church VA 22041 1463 2150 South Downing St. Denver CO 80210 1465 5146 Stevens Cr. San Jose CA 95129 1468 4300 NE 4th St. Renton WA 98059 1472 315 East College Way Mt Vernon WA 98273 1473 14020 E. Sprague Ave. Spokane WA 99216 1486 611 North Montana St. Helena MT 59601 1492 110 East 3rd St. Port Angeles WA 98362 1495 1129 Harrison Ave. Centralia WA 98531 1496 1405 East Main Ave. Puyallup WA 98372 1506 19715 Hwy. 99 Lynnwood WA 98036 1508 3820 Rainier Ave. S Seattle WA 98118 1519 13719 Se Mill Plain Blvd. Vancouver WA 98684 1526 3071 Stevens Creek Santa Clara CA 95050 1540 3757 Forest Ln. Dallas TX 75244 1541 1978 Contra Costa Blvd. Pleasant Hill CA 94523 1554 730 Mountain View Rd. Rapid City SD 57702 1556 230 East Johnson Ave. Coos Bay OR 97420 1574 4950 Almaden Expy., Ste. 30 San Jose CA 95118 1580 301 Westfield St. Silverton OR 97381 1623 4001 Inglewood Ave. Redondo Beach CA 90278 1631 122 Robles Dr. Vallejo CA 94591 1640 1503 City Center Rd. McKinleyville CA 95536

A-6 Consent Decree Case3:13-cv-04086-JST Document11 Filed11/07/13 Page38 of 110Appendix A: List of Stores

1648 2449 West Kettleman Ln. Lodi CA 95242 1661 2001 McHenry Ave., Suite C Modesto CA 95350 1669 26518 Bouquet Canyon Rd. Saugus CA 91350 1670 28751 Los Alisos Blvd. Mission Viejo CA 92692 1671 20440 Devonshire St. Chatsworth CA 91311 1672 820 Arneill Rd. Camarillo CA 93010 1673 8201 Topanga Canyon Blvd. Canoga Park CA 91304 1674 4033 Laurel Canyon Blvd. Studio City CA 91604 1676 30252 Crown Valley Pkwy. Laguna Niguel CA 92677 1682 2811 Middlefield Rd. Palo Alto CA 94306 1701 2941 Ygnacio Valley Rd. Walnut Creek CA 94598 1711 15 Marina Blvd. San Francisco CA 94123 1721 906 E. Olive St. Lamar CO 81052 1734 522 N. Orange St. Redlands CA 92374 1735 4241 Tierra Rejada Rd. Moorpark CA 93021 1736 2701 B. Harbor Blvd. Costa Mesa CA 92626 1743 980 N. U.S. Hwy. 491 Gallup NM 87301 1757 591 Tres Pinos Rd. Hollister CA 95023 1769 2808 Country Club Blvd. Stockton CA 95204 1772 3050 N. Fry Rd. Katy TX 77449 1773 2225 Louisiana St. Houston TX 77002 1774 5264 W. 34th St. Houston TX 77092 1776 600 Kingwood Dr. Kingwood TX 77339 1779 2301 Ranch Rd. 620 South Lakeway TX 78734 1780 1000 Keller Pkwy. Keller TX 76248 1781 106 N. Denton-Tap Rd. Coppell TX 75019 1783 2645 Arapaho Rd. Garland TX 75044 1784 1501 Pioneer Rd. Mesquite TX 75149 1785 1075 W Fm 3040 Lewisville TX 75067 1786 4215 S. Carrier Pkwy. Grand Prairie TX 75052 1788 7801 Alma Dr. Plano TX 75025 1789 101 Trophy Lake Dr. Trophy Club TX 76262 1793 2100 Newbury Rd. Newbury Park CA 91320 1802 1340 Gambell St. Anchorage AK 99501 1805 1650 W. Northern Lights Blvd. Anchorage AK 99517 1806 600 E. Northern Lights Blvd. Anchorage AK 99503 1807 11409 Business Park Blvd. Eagle River AK 99577 1808 10576 Kenai Spur Hwy. Kenai AK 99611 1809 5600 Debarr Rd. Anchorage AK 99504 1811 595 East Parks Hwy. Wasilla AK 99654 1812 4000 West Dimond Blvd. Anchorage AK 99502 1813 1501 Huffman Rd. Anchorage AK 99515 1817 7731 East Northern Lights Blvd. Anchorage AK 99504 1820 3033 Vintage Blvd. Juneau AK 99801

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1832 90 Sterling Hwy. Homer AK 99603 1833 1313 Meals Ave. Valdez AK 99686 1834 2029 Airport Beach Rd. Unalaska AK 99692 1835 4th & Bering St. Nome AK 99762 1850 9911 Brodie Ln. Austin TX 78748 1857 12312 Barker Cypress Rd. Cypress TX 77429 1858 10228 W Broadway Pearland TX 77584 1877 880 South Perry St. Castle Rock CO 80104 1896 1400 Cypress Creek Rd. Cedar Park TX 78613 1913 450 South Ventura Rd. Oxnard CA 93030 1914 6351 Haven Ave. Rancho Cucamonga CA 91737 1922 2709 E. Hwy. 101 Port Angeles WA 98362 1925 8805 Lakeview Pkwy. Rowlett TX 75089 1962 29530 Rancho California Rd. Temecula CA 92591 1967 560 Castle Pines Pkwy. Castle Rock CO 80104 1968 3051 Countryside Dr. Turlock CA 95380 1969 5700 Stockdale Hwy. Bakersfield CA 93309 1972 980 Hwy. North 287 Mansfield TX 76063 1973 7000 Snider Plaza University Park TX 75205 1977 6200 Pacific Ave. SE Lacey WA 98503 1979 13440 North 7th St. Phoenix AZ 85022 1985 9705 North Thornydale Rd. Tucson AZ 85742 1986 9050 East Valencia Rd. Tucson AZ 85747 1989 9460 East Golf Links Rd. Tucson AZ 85730 2001 5671 Kanan Rd. Agoura_Hills CA 91301 2002 1311 Wilshire Blvd. Santa Monica CA 90403 2006 505 Telegraph Canyon Rd. Chula Vista CA 91910 2007 431 E. Arrow Hwy. Glendora CA 91740 2008 2616 E. Palmdale Blvd. Palmdale CA 93550 2012 7788 Regents Rd. San Diego CA 92122 2017 3125 Stockton Hill Rd. Kingman AZ 86401 2027 15740 Laforge St. Whittier CA 90603 2028 1201 South Plaza Way Flagstaff AZ 86001 2029 4033 West Ave. L Lancaster CA 93536 2030 25850 N. The Old Rd. Valencia CA 91381 2032 10773 North Scottsdale Rd. Scottsdale AZ 85254 2033 4500 Coffee Rd. Bakersfield CA 93308 2034 13730 Foothill Blvd. Sylmar CA 91342 2035 5360 Olive Dr. Bakersfield CA 93308 2039 19333 Victory Blvd. Reseda CA 91335 2044 260 West Continental Rd. Green Valley AZ 85614 2046 3400 Stine Rd. Bakersfield CA 93309 2047 5805 E. Los Angeles Ave. Simi Valley CA 93063 2048 163 S. Turnpike Rd. Goleta CA 93117

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2049 330 W. El Norte Pkwy. Escondido CA 92026 2051 2951 Marina Bay Dr. League City TX 77573 2053 3645 Midway Dr. San Diego CA 92110 2054 13503 Camino Del Sol Sun City West AZ 85375 2056 932 E. Badillo St. Covina CA 91724 2062 240 S. Diamond Bar Blvd. Diamond Bar CA 91765 2064 2800 Fletcher Pkwy. El Cajon CA 92020 2065 6951 El Camino Real Carlsbad CA 92009 2066 18439 Ventura Blvd. Tarzana CA 91356 2077 3118 S. Sepulveda Blvd. Los Angeles CA 90034 2078 9119 Reseda Blvd. Northridge CA 91324 2079 11986 Bernardo Plaza Dr. San Diego CA 92128 2080 5548 East Grant Rd. Tucson AZ 85712 2081 13255 Black Mountain Rd. San Diego CA 92129 2083 2190 East Fry Blvd. Sierra Vista AZ 85635 2088 4857 East Greenway Rd. Phoenix AZ 85254 2089 600 N. Pacific Coast Hwy. Laguna Beach CA 92651 2090 5922 Edinger Ave. Huntington Beach CA 92649 2092 2048 Avenida De Los Arboles Thousand Oaks CA 91362 2093 8011 University Ave. La Mesa CA 91942 2094 5275 Mission Oak Blvd. Camarillo CA 93012 2096 115 W. Main St. Ventura CA 93001 2100 9860 National Blvd. Cheviot Hills CA 90034 2101 1040 Coast Village Rd. Montecito CA 93108 2105 4365 Glencoe Ave. Marina Del Rey CA 90292 2107 10675 Scrpps Poway Pkwy. San Diego CA 92131 2108 1212 Beryl St. Redondo Beach CA 90277 2109 3855 State St. Santa Barabra CA 93105 2110 715 Pier Ave. Hermosa Beach CA 90254 2111 24160 Lyons Ave. Newhall CA 91321 2116 1702 Garnet St. San Diego CA 92109 2118 3550 Murphy Canyon Rd. San Diego CA 92123 2119 3850 Valley Centre Dr. San Diego CA 92130 2120 4725 Clairemont Dr. San Diego CA 92117 2121 940 S. Santa Fe Ave. Vista CA 92084 2123 777 Glendora Ave. West Covina CA 91790 2124 7789 Foothill Blvd. Tujunga CA 91042 2125 1160 Via Verde Ave. San Dimas CA 91773 2130 4404 Bonita Rd. Bonita CA 91902 2131 12199 Hesperia Rd. Victorville CA 92395 2134 10460 Clairemont Mesa Blvd. San Diego CA 92124 2136 8310 Mira Mesa Blvd. San Diego CA 92126 2137 5630 Lake Murray Blvd. La Mesa CA 91942 2138 1730 South Buckley Rd. Aurora CO 80017

A-9 Consent Decree Case3:13-cv-04086-JST Document11 Filed11/07/13 Page41 of 110Appendix A: List of Stores

2139 1390 N. Allen Ave. Pasadena CA 91104 2142 2560 El Camino Real Carlsbad CA 92008 2143 635 W Foothill Blvd. La Canada CA 91011 2152 155 California Blvd. Pasadena CA 91105 2155 550 E. Baseline Rd. Claremont CA 91711 2156 2345 E. Valley Pkwy. Escondido CA 92027 2158 3840 La Sierra Ave. Riverside CA 92505 2163 660 E. Los Angeles Ave. Simi Valley CA 93065 2164 5688 Telephone Rd. Ventura CA 93003 2167 350 North Lemon Ave. Walnut CA 91789 2169 435 Foothill Blvd. Glendora CA 91741 2174 671 S. Rancho Santa Fe Rd. San Marcos CA 92078 2175 78-271 State Hwy. 111 La Quinta CA 92253 2176 12961 W. Chapman Ave. Garden Grove CA 92840 2177 14200 Palm Dr. Desert Hot Springs CA 92240 2181 7733 North 1st St. Fresno CA 93720 2188 8949 N. Cedar Ave. Fresno CA 93720 2189 4343 N. Blackstone Ave. Fresno CA 93726 2200 130 W. Foothill Blvd. Monrovia CA 91016 2203 5949 E. Spring St. Long Beach CA 90808 2206 16450 Beach Blvd. Westminster CA 92683 2208 25 Kaneohe Bay Dr. Kailua HI 96734 2209 5500 Woodruff Ave. Lakewood CA 90713 2210 26022 Marguerite Pkwy. Mission Viejo CA 92692 2212 11030 Jefferson Blvd. Culver City CA 90230 2213 11750 Wilshire Blvd. Los Angeles CA 90025 2214 1110 W. Alameda Ave. Burbank CA 91506 2215 1135 Lindero Canyon Rd. Thousand Oaks CA 91362 2216 8010 E. Santa Ana Canyon Rd. Anaheim Hills CA 92808 2217 22451 Antonio Pkwy. Rancho S. Margarita CA 92688 2224 845 E. California Blvd. Pasadena CA 91106 2225 6534 Platt Ave. West Hills CA 91307 2226 14845 Ventura Blvd. Sherman Oaks CA 91403 2228 1213 Fair Oaks Ave. South Pasadena CA 91030 2229 727 N. Vine St. Los Angeles CA 90038 2235 1000 Bayside Dr. Newport Beach CA 92660 2250 16830 San Fernando Mission Blvd. Granada Hills CA 91344 2262 710 Broadway Santa Monica CA 90401 2264 655 N. Fair Oaks Ave. Pasadena CA 91103 2266 17380 Sunset Blvd. Pacific Palisades CA 90272 2267 11674 Santa Monica Blvd. Los Angeles CA 90025 2270 4030 Centinela Ave. Culver City CA 90066 2272 123 Metropole Ave. Catalina CA 90704 2273 245 Palos Verdes Blvd. Redondo Beach CA 90277

A-10 Consent Decree Case3:13-cv-04086-JST Document11 Filed11/07/13 Page42 of 110Appendix A: List of Stores

2275 410 Manhattan Beach Blvd. Manhattan Beach CA 90266 2283 1221 Gaffey St. San Pedro CA 90731 2285 11322 Los Alamitos Blvd. Los Alamitos CA 90720 2286 4805 Granite Dr. Rocklin CA 95677 2288 2039 Verdugo Blvd. Montrose CA 91020 2295 600 Edith St. Corning CA 96021 2300 1482 S. Broadway Santa Maria CA 93454 2301 817 E. Main St. Santa Maria CA 93454 2306 3900 Broad St. San Luis Obisbo CA 93401 2312 1130 Los Osos Valley Rd. Los Osos CA 93402 2317 1191 E. Creston Rd. Paso Robles CA 93446 2323 7544 Girard Ave. La Jolla CA 92037 2324 17662 17th St. Tustin CA 92780 2326 780 N. Brea Blvd. Brea CA 92821 2327 931 Lomas Santa Fe Dr. Solana Beach CA 92075 2328 130 W. Lincoln Ave. Anaheim CA 92805 2332 24270 El Toro Rd. Laguna Hills CA 92637 2333 13439 Camino Canada El Cajon CA 92021 2335 2684 N. Tustin St. Orange CA 92865 2336 360 East H St. Chula Vista CA 91910 2338 665 Saturn Blvd. San Diego CA 92154 2341 620 West Platte Ave. Fort Morgan CO 80701 2343 985 Tamarack Ave. Carlsbad CA 92008 2345 1000 W. El Norte Pkwy. Escondido CA 92026 2348 2606 Del Mar Heights Rd. San Diego CA 92014 2349 13438 Poway Rd. Poway CA 92064 2352 6155 El Cajon Blvd. San Diego CA 92115 2353 933 Sweetwater Rd. Spring Valley CA 91977 2355 4145 30th St. San Diego CA 92104 2358 3610 Adams Ave. San Diego CA 92116 2359 6555 Mission Gorge Rd. San Diego CA 92120 2364 868 Orange St. Coronado CA 92118 2365 3681 Avocado Ave. La Mesa CA 91941 2366 12419 Woodside Ave. Lakeside CA 92040 2367 950 N. Second St. El Cajon CA 92021 2370 3993 Governor Dr. San Diego CA 92122 2373 31564 Grape St. Lake Elsinore CA 92532 2376 1270 E. Main St. Barstow CA 92311 2381 535 N. McKinley St. Corona CA 92879 2383 72675 Hwy. 111 Palm Desert CA 92260 2384 4733 E. Palm Canyon Dr. Palm Springs CA 92264 2386 27220 Sun City Blvd. Sun City CA 92586 2389 3125 W. Florida St. Hemet CA 92545 2390 475 E. Windmill Ln. Las Vegas NV 89123

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2391 1031 Nevada Hwy. Boulder City NV 89005 2392 7530 W. Lake Mead Blvd. Las Vegas NV 89128 2395 1940 Village Center Cir. Las Vegas NV 89134 2396 1131 E. Tropicana Ave. Las Vegas NV 89119 2400 481 Old Mammoth Rd. Mammoth Lakes CA 93546 2406 750 N. Imperial Ave. El Centro CA 92243 2409 40044 Hwy. 49 Oakhurst CA 93644 2413 5610 Lake Isabella Blvd. Lake Isabella CA 93240 2415 2401 N. Chester Ave. Oildale CA 93308 2420 9000 Ming Ave. Bakersfield CA 93311 2425 850 Linden Ave. Carpinteria CA 93013 2430 1125 Maricopa Hwy. Ojai CA 93023 2434 576 W. Main St. Santa Paula CA 93060 2436 2101 N. Rose Ave. Oxnard CA 93036 2442 636 Ventura St. Fillmore CA 93015 2471 2727 Exposition Blvd. Austin TX 78703 2475 5311 Balcones Dr. Austin TX 78731 2477 3300 Bee Caves Rd., Suite 500 Austin TX 78746 2480 6600 Mopac Expy. South Austin TX 78749 2481 1500 W. 35th St. Austin TX 78703 2482 8040 Mesa Dr. Austin TX 78731 2483 715 S. Exposition Blvd. Austin TX 78703 2485 2025 W. Ben White Blvd. Austin TX 78704 2490 10900-D Research Blvd. Austin TX 78759 2501 1855 E. Cochran St. Simi Valley CA 93065 2502 500 E. Manchester Blvd. Inglewood CA 90301 2503 4001 Villanova Dr. Dallas TX 75225 2508 27320 Alicia Pkwy. Laguna Niguel CA 92656 2511 2667 E. Windmill Pkwy. Henderson NV 89074 2520 111 18th St. Burlington CO 80807 2524 2101 W. Imperial Hwy. La Habra CA 90631 2526 819 W. Arapaho Rd, Suite 39 Richardson TX 75080 2534 6333 East Mockingbird Ln. Dallas TX 75214 2544 10455 North Central Expy. Dallas TX 75231 2554 3100 Independence Pkwy. Plano TX 75075 2557 206 North Grand Ave. Gainesville TX 76240 2559 3535 Beltline Rd. Irving TX 75062 2560 1758 Grand Ave. Grover Beach CA 93433 2561 925 Northwest Hwy. Garland TX 75041 2566 6770 Abrams Rd. Dallas TX 75231 2568 4836 West Park Blvd. Plano TX 75093 2570 5968 West Parker Rd. Plano TX 75093 2574 3100 S. Hulen St. Fort Worth TX 76109 2578 2535 Firewheel Pkwy. Garland TX 75040

A-12 Consent Decree Case3:13-cv-04086-JST Document11 Filed11/07/13 Page44 of 110Appendix A: List of Stores

2580 100 W. Southlake Blvd. Suite 2 Southlake TX 76092 2581 4848 Preston Rd. Frisco TX 75035 2587 5425 S. Cooper St. Arlington TX 76017 2588 820 South Macarthur Blvd. Coppell TX 75019 2590 4112 North Josey Ln. Carrollton TX 75007 2595 3945 Legacy Dr. Plano TX 75023 2597 4200 Chino Hills Pkwy Ste. 400 Chino Hills CA 91709 2609 612 Grapevine Hwy. Hurst TX 76054 2617 9420 College Park Dr. #100 The Woodlands TX 77384 2642 5809 East Lovers Ln. Dallas TX 75206 2643 14280 Marsh Ln. Addison TX 75001 2659 3520 Riverside Plaza Riverside CA 92506 2665 4520 Sunset Blvd. Los Angeles CA 90028 2670 1890 Fm 359 Richmond TX 77469 2671 525 South Fry Rd. Katy TX 77450 2672 18322 Clay Rd. Houston TX 77084 2673 2250 Buckthorne Pl. Spring TX 77380 2674 604 Hwy. 332 Lake Jackson TX 77566 2686 1701 Randol Mill Rd. Arlington TX 76012 2696 14840 SE Webster Rd. Milwaukie OR 97267 2722 8355 N Rampart Range Rd. Littleton CO 80125 2810 1200 Second Ave. MonteVista CO 81144 2817 232 G St. Salida CO 81201 2824 1900 Hwy. 24 Leadville CO 80461 2839 840 Village Center Dr. Colorado Springs CO 80919 2840 2010 Freedom Blvd. Watsonville CA 95019 2841 815 Canyon Del Rey Blvd. Del Rey Oaks CA 93940 2842 867 Sutton Way Grass Valley CA 95945 2911 2798 Arapahoe Ave. Boulder CO 80302 2917 1605 Bridge St. Brighton CO 80601 2918 3526 West Tenth St. Greeley CO 80634 2954 6519 Main St. Bonners Ferry ID 83805 3010 4015 E. Castro Valley Blvd. Castro Valley CA 94552 3017 3027 Rancho Vista Blvd. Palmdale CA 93551 3027 170 El Camino Real S San Francisco CA 94080 3031 85 Westlake Mall Daly City CA 94015 3040 2522 Foulk Rd. Wilmington DE 19810 3044 1201 Avacado Blvd. El Cajon CA 92020 3048 2075 Westheimer Rd. Houston TX 77098 3054 4775 W. Panther Creek The Woodlands TX 77381 3058 57590 29 Palms Hwy. Yucca Valley CA 92284 3063 870 Third Ave. Chula Vista CA 91911 3064 5130 Bellaire Blvd. Bellaire TX 77401 3067 5161 San Felipe St. Houston TX 77056

A-13 Consent Decree Case3:13-cv-04086-JST Document11 Filed11/07/13 Page45 of 110Appendix A: List of Stores

3068 5800 New Territory Blvd. Sugar Land TX 77479 3069 20445 Yorba Linda Blvd. Yorba Linda CA 92886 3070 1525 South Mason Rd. Katy TX 77450 3075 1129 Fair Oaks Ave. South Pasadena CA 91030 3083 301 N. Pass Ave. Burbank CA 91505 3086 2122 S. Hacienda Blvd. Hacienda Heights CA 91745 3091 4732 Brooklyn Ave.N.E. Seattle WA 98105 3111 555 Floresta Blvd. San Leandro CA 94578 3121 2237 West Cleveland Ave. Madera CA 93637 3122 2550 Bell Rd. Auburn CA 95603 3124 1187 South Main St. Manteca CA 95337 3125 3889 San Pablo Ave. Emeryville CA 94608 3126 610 Hegenberger Rd. Oakland CA 94621 3127 1291 Sanguinetti Rd. Sonora CA 95370 3135 2725 Agoura Rd. Thousand Oaks CA 91361 3138 16550 W. Soledad Canyon Rd. Santa Clarita CA 91351 3154 6817 West Peoria Ave. Peoria AZ 85345 3160 8891 Atlanta Ave. Huntington Beach CA 92646 3161 10321 Sepulveda Blvd. Mission Hills CA 91345 3208 745 E. Naomi Ave. Arcadia CA 91007 3218 36-101 Bob Hope Dr. Rancho Mirage CA 92270 3247 101 Grand Coulee Hwy. Grand Coulee WA 99133 3248 West 902 Francis Ave. Spokane WA 99208 3252 601 South Pioneer Way Suite-A Moses Lake WA 98837 3255 East 933 Mission Ave. Spokane WA 99202 3256 1525 West Park Ave. Anaconda MT 59711 3258 804 Beverly Blvd. Montebello CA 90640 3263 1342 N. Alvarado St. Los Angeles CA 90026 3269 101 East Main St. Hamilton MT 59840 3279 2500 Massachusetts Ave. Butte MT 59701 3295 1001 North 4th St. Coeur D'alene ID 83814 3472 3903 Factoria Square Mall SE Bellevue WA 98006 3500 6850 NE Bothell Way Kenmore WA 98028 3502 9 Highland Park Village Dallas TX 75205 3517 24325 Crenshaw Blvd. Torrance CA 90503 3519 4550 Atlantic Ave. Long Beach CA 90807 3522 522 Preston Royal Ctr. Dallas TX 75230 3545 900 E Meridian Ave. Suite 12 Milton WA 98354 3555 3300 Harwood Rd. Bedford TX 76021 3560 8698 Skillman St. Dallas TX 75243 3563 633 West Wheatland Rd. Duncanville TX 75116 3572 2600 Flower Mound Rd. Flower Mound TX 75028 3573 3001 Hardin Blvd. McKinney TX 75070 3575 2301 Justin Rd. Flower Mound TX 75028

A-14 Consent Decree Case3:13-cv-04086-JST Document11 Filed11/07/13 Page46 of 110Appendix A: List of Stores

3576 4000 William D. Tate Ave. Grapevine TX 76051 3579 900 W. McDermott Dr. Allen TX 75013 3582 18212 Preston Rd. Dallas TX 75252 3597 11920 Preston Rd. Dallas TX 75230 3608 7700 Northwest Hwy. Dallas TX 75225 3614 315 South Hampton Rd. Dallas TX 75208 3617 2611 West Park Row Dr. Arlington TX 76013 3621 4010 North Macarthur Blvd. Irving TX 75038 3622 6377 Camp Bowie Blvd. Fort Worth TX 76116 3623 210 East Pleasant Run Rd. Desoto TX 75115 3625 302 South Park Blvd. Grapevine TX 76051 3637 1380 W. Campbell Rd. Dallas TX 75080 3641 3411 Custer Pkwy. Richardson TX 75080 3645 2200 East 14th St. Plano TX 75074 3650 14999 Preston Rd. Dallas TX 75254 3652 745 Cross Timbers Rd. Flower Mound TX 75028 3658 2755 N. Collins St. Arlington TX 76006 3714 617 West 29th St. Pueblo CO 81008 3715 1322 East 8th St. Pueblo CO 81001 3723 315 West 2nd St. Lajunta CO 81050 3727 222 West Seventh St. Walsenburg CO 81089 3729 1231 South Prairie Ave. Pueblo CO 81005 4018 10016 Scripps Ranch Blvd. San Diego CA 92131 4021 6571 West 80th St. Los Angeles CA 90045 4030 2400 Peoples Plaza Newark DE 19702 4033 5586 Weslayan St. Houston TX 77005 4062 2323 Clear Lake City Blvd. Houston TX 77062 4160 400 Dartmouth Ave. Lovelock NV 89419 4205 415 14th St. SE Washington DC 20003 4262 155 East First St. Coquille OR 97423 4292 585 Siskiyou Blvd. Ashland OR 97520 4313 904 West Main St. Battle Ground WA 98604 4316 244 North F St. Lakeview OR 97630 4318 Columbia River Hwy. Clatskanie OR 97016 4333 450 S.W.Third Ave. Corvallis OR 97333 4342 101 S.E. 82nd Ave. Portland OR 97215 4381 1205 Campbell St. Baker City OR 97814 4387 95 82nd Dr. Gladstone OR 97027 4395 211 North Eighth St. Klamath Falls OR 97601 4405 408 N.E. 81st St. Hazel Dell WA 98665 4469 246 West Monroe St. Burns OR 97720 4510 6745 S.W. Hillsdale Hwy. Portland OR 97225 4513 350 East 40th Ave. Eugene OR 97405 4520 11696 N.E. 76th St. Vancouver WA 98662

A-15 Consent Decree Case3:13-cv-04086-JST Document11 Filed11/07/13 Page47 of 110

# APPENDIX B

Case3:13-cv-04086-JST Document11 Filed11/07/13 Page48 of 110Refrigerant Compliance Plan Safeway Inc.



# REFRIGERANT COMPLIANCE PLAN (RCP)

Safeway Inc. July 18, 2013 Case3:13-cv-04086-JST Document11 Filed11/07/13 Page49 of 110Refrigerant Compliance Plan Safeway Inc.

Table of Contents Foreword Refrigerant Mission Statement ............................... A-10-1 Compliance Management Responsibilities ...................................................... A-10-1 Maintenance Department Annual Refrigerant Compliance Inspection .......................................... A-20-1 Technician Requirements ...................................... A-30-1 Refrigerant Recovery Equipment Requirements ... A-40-1 Record-keeping Requirements .............................. A-50-1 Disposal of Refrigerant, Lubricants and EquipmentA-60-1 Leaking Systems Requirements ............................ A-70-1 Leak Testing Requirements ................................... A-80-1 Refrigerant Inventory Process ............................... A-90-1 Contractor Requirements ..................................... A-100-1 Operating Procedures Refrigerant Recovery Procedure ........................... B-10-1 Refrigerant Cylinder Identification .......................... B-20-1 Contamination Avoidance ...................................... B-30-1 Used Refrigerant Handling ..................................... B-40-1 Blend Refrigerants ................................................. B-50-1 Lubricants .............................................................. B-60-1 General Processes ................................................ B-70-1 Accidental Refrigerant Release ............................. B-80-1 Refrigerant Cylinder Safety .................................... B-90-1 Appendix Refrigerant Overview ............................................. C-10-1 CFCs and Ozone Depletion ................................... C-20-1 Environmental Concerns ........................................ C-30-1 U.S. Federal Rules and Regulations ...................... D-10-1 Enforcement Authority ........................................... D-20-1 Significant New Alternatives Program .................... D-30-1 Glossary ................................................................. E-10-1 References ............................................................. E-20-1 EPA Final Rule Summary Refrigerant Leak Repair Flow Chart

For Questions on this RCP please contact either Wade Krieger, Mana ger Refrigeration and HVAC at 623-869-4027 or Rob Uhl E ngineering Manager at 925-226-5720. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page50 of 110Refrigerant Compliance Plan Safeway Inc.

1 

# Refrigerant Mission Statement A-10.1 Objective To detail how Safeway Inc. complies with Sections 608 and 609 of the Clean Air Act Amendments as codified in 40 CF R Part 82 rules and regulations. A-10.2 Mission Statement Safeway Inc. management is committed to providing a safe, healthful, and environmentally sound workplace for its tenants, employees, and contractors while complying with all environmental regulatory requirements. We will emphasize: ;Providing a business environment, which fo sters professionalism, team effort and personal responsibility for service quality. ;Providing environmentallyresponsible solutions. ;Minimizing Safeway’s “risk” exposure through proactive management policies and action programs designed to meet and/or exceed federal, state, and local requirements. ;Insuring all responsible employees and cont ractors are aware of and will comply with all applicable environmental regulations. ;Replacement or retrofit of Ozone Depleting Substanc e (ODS) equipment, such as CFC equipment, at the end of its service life or when economically feasible. The Safeway Refrigerant Compliance Plan encompasses a strategic approach and general guidance for managing bu ilding air conditioning and refrigeration equipment and refrigerant service tools. In brief, the program is to proper ly recover/recycle refrigerants, repair leaks, document all activities and to safely handle, store and dispose of refrigerants. 

# Responsibilities A-10.1 Objective To describe the responsibilit ies of Safeway’s personnel who are responsible for refrigerant compliance management. A-10.2 Background Safeway Inc. has acknowledged the federal and local regulations for refrigerants. Safeway has provided guidelines, requirements, best practices, and tr aining on specific processes to manage refrigeran ts. Safeway has establish ed a chain of command for refrigerant compliance Case3:13-cv-04086-JST Document11 Filed11/07/13 Page51 of 110Refrigerant Compliance Plan Safeway Inc.

2 A-10.3 Division Construction Director The Division Construction Direct or has responsibility for over all operations and has the budget and authority to implement the Refriger ant Compliance Plan. The responsibility for refrigerant compliance is delegated to the Division Maintenance Manager with support from the Division Safety /Environmental Affairs Manager. A-10.4 Division Safety/Environmental Affairs Manager The Division Safety/Environmental Affairs Manager serves as a resource to provide assistance in meeting Safewa y’s obligations for refrigeran t compliance management. Responsibilities ;Supports the Division Ma intenance Manager in impl ementing the Refrigerant Compliance Plan

;Works with the Division Refrigerant Superv isor to identify approved Waste Disposal contractors for each divisi on and assist with arrangem ents for removal of waste materials, includi ng used refrigeration oil, when needed ;Check status quarterly of any outstanding Action Plans with Div ision Construction Director. [Action Plans are written by Co rporate Maintenance & Utilities, who will provide a list monthly to the Safety/Environ mental Affairs Managers.] Escalate any concerns regarding lagging Action Plan s with Corporate Environmental Affairs Director and Corporate Maintenance & Utilities Group Director. ;Check that MAINTENANCE DE PARTMENT ANNUAL REFRIGERANT COMPLIANCE INSPECTION forms are current (annual) with Div ision Maintenance Manager. Report delinquent fo rms to Division Maintenan ce Manager and Division Construction Director. A-10.5 Division Maintenance Manager The Division Maintenance Man ager will fill the role of Di vision Refrigerant Supervisor unless the Division has an in-house refrigeration department and the responsibility can be assigned to the Servic e Department supervisor. Responsibilities ;Supports the Division Refrigerant Super visor in implementi ng the Refrigerant Compliance Plan. ;Mitigates risks associated with re frigerant issues when identified. ;Procure equipment and serv ices required to complywith regulations and the Refrigerant Compliance Plan. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page52 of 110Refrigerant Compliance Plan Safeway Inc.

3 A-10.5.1 Division Maintenance Representatives The Division Maintenance Rep wi ll conduct field inspections fo r compliance verification as well as work with the Maintenance Manager on implementation of the Refrigerant Compliance Plan. A-10.6 Division Refrigerant Supervisor (Typically The Division Maintenance Manager) The Division Refrigerant Supervisor has the pr imary responsibility for implementation of this plan and shall communicate the refriger ant compliance issues to all affected Safeway employees, technicians and contractors. Responsibilities ;Implements the Refrig erant Compliance Plan. ;Insures that MAINTENANCE DEPARTMENT ANNUAL REFRIGERANT COMPLIANCE INSPECTIONS are conduct ed and properly recorded for each location. ;Facilitates training on using the Refriger ant Compliance Plan for service technicians for both in-house and third party service providers. ;Maintains contact with refrigerant suppliers and service contract ors to insure the Refrigerant Compliance Plan is being follo wed including but not limited to periodic verification of technician certification, field inspections of contractors equipment, inspection of contractors refrigerant tr acking paperwork, and questioning service technician on their knowledge of EPA rules and guidelines. ;Insures that each service provider submit s the Contractor’s Co mpliance Certification annually. ;Insures that the transportation and disposal of used refrigerant, us ed oil and parts is done according to the specifications of the Refrigerant Compliance Plan. ;Provides input to budget planning process for refrigerant compliance. ;Identifies risks associated with refr igerant issues and communicates to management. ;Provide suggested revisions or updates fo r improving the refrigerant compliance plan to the Corporate Director of Ma intenance & Utilities for consideration. ;Determine applicable state and local requ irements and verify compliance with those requirements. ;Works with refrigeration service contractors to assure compliance with using the Refrigerant Management System (RMS). A-10.7 RFSC (Safeway’s Retail Facili ty Service Center) Refrigerant Manager Phone Number(623) 869-3110 Emailrfsc.refcompliance@safeway.com ;Maintain required documentation regarding the managemen t and handling of refrigerants (i.e., training record, maintenance records, refrigerant use, etc.). Case3:13-cv-04086-JST Document11 Filed11/07/13 Page53 of 110Refrigerant Compliance Plan Safeway Inc.

4 ;Insures that the transportation and disposal of used refrigerant, us ed oil and parts is done according to the specifications of the Refrigerant Compliance Plan. ;Document, track and file what loca tions have had a MAINTENANCE DEPARTMENT ANNUAL REFRIGERANT COMPLIANCE INSPECTION ;Review the MAINTENANCE DE PARTMENT ANNUAL REFRIGERANT COMPLIANCE INSPECTIONS to make sure that all spaces marked NO have a complete and satisfactory explanation. ;Review all invoices with refrigerant us age (leaks) prior to invoice processing ;Confirm refrigerant leak documents in clude Refrigerant M anagement Software (RMS) event #s ;Facilitate RCP training for in-hou se and third party service providers ;Maintains contact with refrigerant supplie rs and service contractors to insure the RCP is being followed. ;Insure that each service pr ovider submits the Contract ors Compliance Certificate annually. ;File and document Equipment Disposal Re cords as provided by contractors and Division Project Managers. ;Edit and maintain RMS ;Setup and train new contractors in RMS ;Order service refrigerant as needed A-10.8 Contractor ;Maintaining correct level of certif ications for working on our stores. ;Maintain, leak test, and document recovery unit maintenance per manufacturer’s recommendations. ;Work with the Refrigerant Supervisor to facilitate any needed repairs or replacements. ;Enter required information into Safewa y’s Refrigerant Management System (RMS) within 10 days of leak event.

A-10.9 Refrigerant Technician Each technician is responsible for becoming informed on and complying with the federal and local requirements and the Safeway Refrig erant Compliance Plan requirements. Responsibilities ;Complete the Safeway Refrigerant Tra cking Form 2 each time they do service. ;Maintaining correct level of certif ications for working on our stores. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page54 of 110Refrigerant Compliance Plan Safeway Inc.

5 A-10.10 Corporate Director of Environmental Affairs The Director of Environmental Affairs has th e responsibility to ma ke sure the company is compliant in all matters pertaining to the environment. Specifically the Director will provide clarification and interpretation on the di fferent requirements of the Clean Air Act. The Director of Environmental Affairs of fice must first approve any changes of substance to the Refriger ant Compliance Plan.

A-10.11 Corporate Director of Maintenance and Energy Utilization The Director of Maintenance and Energy Utiliz ation has the responsibility to insure corporate directives related to store maint enance are followed and executed properly. Specifically the Director has been charg ed to implement and follow through on the Corporate Refrigerant Complia nce Plan. All questions on how and when to follow the program must be cleared thro ugh the Directors office. Responsibilities ;Supports the Division Ma intenance Manager in impl ementing the Refrigerant Compliance Plan ;Periodically inspects the compliance with the Refrigeran t Compliance Plan

A-10.12 Division Construction Project Manager The Division Construc tion Project Manager will work with the Division Refrigerant Supervisor to insure that the Refrigeran t Compliance Plan is followed during construction and demolition phases of their projects. Responsibilities ;Make sure that all contra ctors working with refrigerantcontaining equipment are knowledgeable of the Refriger ant Compliance Plan and ar e following the guidelines provided. ;Make sure all contractors working with refrigerant containing equipment have signed a Contractor’s Compliance Certification and supplie d the required supporting documentation prior to commencing work. The CCC is a permanent part of the project construction file. ;Make sure all used refrigerants, refr igerant oils, and abandoned refrigerant containing equipment are correctly labeled and disposed of according the terms in the Refrigerant Compliance Plan. Use the Equipment Disposal Record for each piece of abandoned equipment. The Equipmen t Disposal Record is a permanent part of the project file. Send a copy of this EDR to RFSC. ;Must notify the Division Refrigerant Supervisor of an y accidental discharges of refrigerant gasses. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page55 of 110Refrigerant Compliance Plan Safeway Inc.

6 ;Make sure that all refrigerant leaks are correctly repaired and recorded on the Safeway Refrigerant Tracking Form 2 and be sure to enter the information into the RMS within 10 days of leak event. ;The yellow copy of the Safeway Refrigeran t Tracking Form 2 must be stored in a specified weatherproof contai ner in the compressor room. ;Maintain an inventory of refrigerant gasse s when stored on site. Use one refrigerant Inventory form for each variety of refrigerants. ;For New Stores and Remodels ensure that the contractor submits Safeway’s Form “Refrigeration / HVAC System Information Form”. ;Ensures refrigerant cylinders get returned to the supplier by contacting RFSC (623) 869-3110 rfsc.refcompliance@Safeway.com, or disposable cylinders are disposed of properly. 

# MAINTENANCE DEPARTMENT ANNUAL REFRIGERANT COMPLIANCE INSPECTIONS A-20.1 Objective To provide a tool for the Division Refrigerant Supervisor to verify continued compliance with federal regulations and the Refrigerant Compliance Plan requirements. The form is designed to assess the effectiveness of a site’s Refrigerant Compliance Plan. 

# Technician Requirements A-30.1 Objective To define the requirements for persons who perform refrigerant services. A-30.2 Who Must Be Certified EPA approved certification test ing is required for any person who may perform service, maintenance, repair or recovery work on a refrigerant containing circuit. Safeway technicians and Contractor technicians shal l service only equipment for which they are certified. A-30.3 EPA Certification The required type of certification testing depends on the type of refrigerant being used and the size of the syst em being serviced. The four type s of certification identified by the Clean Air Act Amendments Section 608, st ationary equipment are presented in the following table: Type of equipment serviced Level of required certification

Small appliances (<5lbs.) Type I High- and very-high-pressure equipment Type II Case3:13-cv-04086-JST Document11 Filed11/07/13 Page56 of 110Refrigerant Compliance Plan Safeway Inc.

7 Low pressure equipment Type III All types Universal* *Type IV Universal does not include motor vehicles. It is recommended that the Di vision Refrigerant Supervisor provide an annual refresher training session for in -house technicians to obtain tec hnician input on subjects, utilize manufacturer’s training and at a minimum cove r safety issues, alte rnative refrigerants, servicing procedures, federal , state and local regulations. A-30.4 Service technicians mustbe prepared to do the follo wing if an EPA inspector or the Division Refrigeratio n Supervisor is on site. 1. Present their certification cards. 2. Recite the required recoveryvacuum levels for the refr igerants being used at the location where they are working. 3. Know the leak trigger rates for the four over 50 pound EPA equipment classifications. 4. Demonstrate the proper use of a recovery unit and valida te that they perform leak tests on their recovery units, and can calibrate their gages. A-30.5 Technician Certif ication Card Review The service technician must have received refrigerant handling certification from an EPA approved program. If the technician’s ca rd was issued from a program that is no longer approved, that technician ’s card is not valid and mustbe re-certified. In a Safeway store that classification is generally a universal classification. 

# Refrigerant Recovery Equipment Requirements A-40.1 Objective To define the requirements which users of recovery equipment used in a Safeway location will follow to ensure co mpliance with EPA regulations. A-40.2 Recovery Unit Registrati on for Safeway owned equipment For in-house refrigeration The Division Refr igerant Supervisor sha ll assure that an EPA Recovery Unit Acquisition Certification Fo rm (OMB #2060-0256) has been submitted to the appropriate EPA region. The Division Refrigerant Super visor is responsible for entering each piece of recovery equi pment into the ACA Maintenance Manager software. A-40.3 Service Contractor’s Responsibility Case3:13-cv-04086-JST Document11 Filed11/07/13 Page57 of 110Refrigerant Compliance Plan Safeway Inc.

8 Service contractors will certify that recovery equipment used by cont ractor’s technicians has been properly documented, certified, labeled, and serviced according to EPA requirements by Signing the Contract or’s Compliance Certification. A-40.4 Recovery Unit Labeling EPA requires that manufacturers must obtai n certification from an EPA approved testing agency, for each model of recovery/recycle equipment, sold after November 15, 1993. The manufacturer must properly label un its. The approved agencies are the Air Conditioning and Refrigeration Institute (ARI ) and Underwriters L aboratories (UL). The label should be simila r to the following:

"This equipment has been certif ied by ARI/UL to meet EPA's minimum requirements for recycling and/ or recovery equipment int ended for use with [appropriate category of appliance--e.g., small appliances, HCFC app liances containing less than 200 pounds of refrigerant, all high-pressure appliances, etc.]." Units manufactured before November 15, 1 993 are considered grandfathered and may not have the ARI or UL label. Techni cians need to know if they are using a grandfathered or ARI/UL certified unit to ensu re proper recovery vacuum is achieved for the type of recovery unit they are us ing. See EPA Evacuation Chart D-40.7. A-40.5 Maintenance Responsibility Each certified technician shall have acce ss to recovery equi pment. The care and maintenance of this equipment w ill be their responsibility. If that unit does not function properly, the service techni cian shall notify their su pervisor and replace the nonfunctioning recovery unit with one that func tions before proceeding with the service. Technicians and contractors shall service and maintain recovery/recycling equipment per manufacturer’s specificatio ns. Annual leak testing of recovery units shall be performed and the results documented wit h the Division Refrigerant Supervisor. Periodic testing shall be reported to Sa feway using the Contractor’s Compliance Certification form. A-40.6 EPA Inspec tion Questions Service technicians must be prepared to do the followin g if an EPA inspector or the Division Refrigeration Su pervisor is on site. 1. Present a copy of your EPA Recovery Unit Acquisition Certification Form (OMB #2060-0256). 2. List of all your recovery units or be ab le to present them to record the nameplate data. 3. Demonstrate if your recove ry units can achieve the requi red vacuum levels. Ensure technicians perform the leak tests, cali brate gages and can dem onstrate the proper use of a recovery unit. A-40.7 EPA Evacuation Level Chart Case3:13-cv-04086-JST Document11 Filed11/07/13 Page58 of 110Refrigerant Compliance Plan Safeway Inc.

9 Recovery Units Manufactured Date Type of Appliance Before Nov. 15, 1993 Grandfathered Unit After Nov. 15, 1993 ARI/UL Unit R-22, R-402A/B, R-407A/B/C appliance, or isolated component of such appliance, normally containing less than 200 pounds of refrigerant. 0 0*

R-22, R-402A/B, R-407A/B/C appliance, or isolated component of such appliance, normally containing 200 pounds or more of refrigerant. 4 10

Very High Pressure Appliance R-410A/B, R-13, R-23, R-503 0 0 Other high-pressure appliance, or isolated component of such appliance, normally containing less than 200 pounds of refrigerant. R-12, R-114, R-134a, R-401A/B/C, R-500, R-502 4 10

Other high-pressure appliance, or isolated component of such appliance, normally containing more than 200 pounds of refrigerant. R-12, R-114, R-134a, R-401A/B/C, R-500, R-502) 4 15

Low-Pressure Appliance R-11, R-113, R-123 25 25 mm Hg absolute * Inches of Hg vacuum relative to standard atmospheric pressure of 29.9 inches of Hg, except where noted. For small appliances (less than 5 pounds), evacuation levels are as follows: ; for “grandfathered” recovery equipment, recover 80 percent. ; for new recovery equipment when the compressor is work ing, recover 90 percent. ; for new recovery equipmen t when the compressor is not working, recover 80 percent. ; for all appliances, evacuate to 4 inches of mercury vacuum. 

# Record-keeping Requirements A-50.1 Objective To detail the records which shall be kept to ensure compliance with the U.S. EPA regulations. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page59 of 110Refrigerant Compliance Plan Safeway Inc.

10 A-50.2 Importance of Record-keeping The U.S. EPA has established record-keep ing requirements for owners and operators of air conditioning and refrig eration equipment containing CFC and HCFC refrigerants. The EPA can request detailed reports of refr igerant usage, service, maintenance and disposal for the past three years. Failure to comply with these regu lations can result in fines up to 

### $37,500 (or the current applicable fine) per day per violation. A-50.3 Record-keeping Method Safeway requires that records be kept to co mply with the laws, and to establish data for compiling accurate refrigerant asset managementinformation. It is the responsibility of the Safeway technician or the maintenance contractor technici an to fill out and route the appropriate information to both the Di vision Refrigerant Supervisor and RFSC Refrigerant Manager. A-50.4 Required Plant/Sit e and Technician Records Pursuant to Section 114(a) (1) of the Clean Air Act, 42 U.S.C. Section 7414(a) (1) and 40 CFR 82.166 (j) & (k), Safeway is requir ed by the EPA to document the following information. The Division Refrigerant Supervi sor will maintain the following records for at least thre e (3) years. 1. STORE REFRIGERANT EQUIPMENT INVE NTORY: The Division Refrigerant Supervisor is responsible to make sure this has been filled out with refrigerant containing equipment categorized as under50 pounds or over 50 pounds, to include comfort cooling, commercial refrigeration, industrial process refrigeration or other refrigeration equipment. The STORE REFRIGERANT EQUIPMENT INVENTORY form is to be posted on the wa ll of each compressor room in close proximity to the refrigerant usage logbook. If there are mult iple compressor rooms, or the store has multiple distributed systems a copy of the SREI showing all equipment in the store needs to be located in each room or at each distributed system. If 2 or more distributed systems are located near each other, one copy for the group will be sufficient.

 The SREI form must include refrigerant type and operating charge data. If the operating charge is unknown (split system , not listed on namepl ate, etc.) then it must be calculated. Consult manufacturer data sheets, measure piping length, component capacity and detail calculations. An alternate method is to establish a charge by total circuit or system tonnage times a value of 1.5 pounds per ton. Each system must have the refrigerant ty pe and operation charge clearly displayed in the compressor room us ing the approved Refrigerant Equipment Inventory form. 2. REFRIGERANT GAS INVENTORY: A complete refrigerant GAS inventory for all cylinders and drums of refrigerant on site including on going purchases/replacement of refrigerant must kept on or near each system. The REFRIGERANT GAS INVENTORY must be completed each time gas is added or removed from the location. If the location uses more than one type of refrigerant gas there must be an Case3:13-cv-04086-JST Document11 Filed11/07/13 Page60 of 110Refrigerant Compliance Plan Safeway Inc.

11 inventory sheet for each variety. Th e REFRIGERANT GAS INVENTORY sheets are to be kept in a waterproof container in close proximity to the REFRIGERANT EQUIPMENT INVENTORY. 3. Safeway Refrigerant Tracking Form 2: This Form is to be filled out each time refrigerant gas is added to store appliances or systems. One Safeway Refrigerant Tracking Form 2 must be kept for each appliance or system that cont ains more than 50 lbs. of refrigerant gas. The Safeway Re frigerant Tracking Form 2 sheets are to be kept in a waterproof container in close pr oximity to the appliance or system identified on the form. One copy to be left on site and the original must be submitted with the Invoice to RFSC Refrigerant Compliance department within 10 day s of leak event.

 Leaks must be documented. Report leaks that cannot be repaired to both the Division Refrigerant Supervisor and RFSC Refrigerant Manager. In every case, Safeway has the responsibility to eliminat e the leak. If t he leak exceeds the regulatory leak-rate limit, Safewa y shall do one of th e following:

 have the leak repairs completed within 30 calendar days of the original leak notification, or produce a written plan that details the equipment retrofit, or replacement within one year of the orig inal leak notification. See Leaking Systems Section D-70 for s pecific equipment types. 4. Equipment Disposal Records. When equipment is removed from service the refrigerant and oil must be removed. Re cord the following information: date of recovery, technician name, equipment ID number, model number and serial number, refrigerant type and amo unt recovered, recovery unit us ed, vacuum level, record that oil was recovered, and disposal lo cation (dumpster, scrap, etc.). Refrigerant in a system is Safeway 's property regardless of its origin. Any refrigerant added which is not Safeway 's property must be documented. No refrigerant may leave the Safeway site without first being approved by the Division Refrigerant Supervisor or RFSC Refrigerant Manager. 5 Refrigeration/HVAC System Information Form

. This form is used to provide information to setup Safeway’s RMS program for new stores and remodels. (equipment additions, modifications) Th is form must be completed as accurately as possible and submitted to RFCS Refrig erant Compliance department

. 6 Store Closing Form. Form SC must be completed for all cl osing stores at the time of refrigeration shut down. If gas is not recovered, enter NA in Gas Recovered column. Email or fax this completed form to Safeway RFSC. A-50.5 Service technicians should be pr epared to answer the following questions either from an EPA Inspector or the Refrigerant Supervisor they may request or ask: 1. A list of your technician s (with their certification in formation), contractors, new refrigerant vendors, re covered refrigerant reclaimer/ disposer, recovery units and your over 50 pound equipment. 2. What type of over 50-pound equipment you ha ve (comfort cooling, industrial process refrigeration, commercial or other refrigeration). Case3:13-cv-04086-JST Document11 Filed11/07/13 Page61 of 110Refrigerant Compliance Plan Safeway Inc.

12 3. To see records of the amount of refr igerant you have purch ased and added to the over 50 pound systems. They may even want to take an inventory of your new and recovered refrigerants. 4. How you determine when you have a leaking system. 5. Leak repair records on your over 50 pound systems. 6. Records of initial and follow-up verifi cation testing on equipment leak repairs. 

# Disposal of Refrigerant, Lubricants and Equipment

A-60.1 Objective To define the requirements and documentation for disposal and transfers of ownership of refrigerant used lubricants and refrig eration equipment from Safeway owned and operated facilities. A-60.2 Refrigerant Ownership Transfer When transferring refrigerant ownership to another company, document the transaction. Provide a service record of refrigerant recove red from equipment disp osed of or from a contaminated system. A-60.3 Used Lubricant Disposal Refrigerant oil is considered a hazardous waste if it contai ns more than 4,000 parts per million (PPM) of dissolved refrigerant or 1 percent (10,000 PPM) of any F500 classified waste or acid contaminant and if it is not headed for reclamation. Most refrigerant oil that has been exposed to a re frigeration system or a reco very process still contains greater than 5,000 PPM of diss olved refrigerant and acid gas. Safeway will treat all refrigerant oils as if th ey were Hazardous waste. The toxicity characteristic (TC) rule of 1990 subjected many more wastes to federal hazardous waste regulations. The TC rule se ts regulatory limits on lead, benzene, and other contaminants. It is the contracted disposal service’s responsibility to determine if used oil does or does not exce ed the regulatory limits for TC constituents. Used oil that fails the TC must be disposed accord ing to hazardous waste regulations. Used oil from refrigeration equipment may contain appreciabl e levels of contaminants. It is important to maintain records that docu ment the source of t he oil and its ultimate disposal. Caution: Do not mix refrigerant lubr icants with other types of wastes! Case3:13-cv-04086-JST Document11 Filed11/07/13 Page62 of 110Refrigerant Compliance Plan Safeway Inc.

13 The Division Refrigerant Supervisor must wo rk with the Refrigeration Contractor or Refrigeration Equipment salvage contractor to identify the ap propriate method of disposing, recycling, or reclaiming used re frigeration lubricant. If disposed as Hazardous Waste, the Refrigeration Contra ctor must notify th e DRS and provide the appropriate paperwork for Ha zardous Waste Disposal, such as a Hazardous Waste Manifest. The DRS or his/her designate, will sign Hazardous Waste Manifests. The DRS will send a copy of the Hazardous Wa ste Manifest to Corp orate Environmental Affairs. Hazardous Waste Manifests, co untersigned by the Treatment, Storage, Disposal Facility (TSDF) will be matched to th e Generator Copy by the DRS or if set up, by the Refrigeration Contractor., Used wast e oils will be disposed of at the approved facilities only. Contact Corporate Environmental Affairs or Division Safety & Environmental Affairs Manager for state-spec ific requirements. A-60.4 Equipment Disposal Guidelines The EPA has established refrig erant equipment (appliance) di sposal requirements in 40 CFR, 82.156, to ensure refrigerant is re moved from equipment prior to scraping, shredding or landfill burial. Requirements exist for small appliances (< 5 pounds) and over 5-pound equipment. Technicians and owners disposing of any re frigerant-containing equipment or small appliances must maintain records that show proper evacuation occurred. Use the EQUIPMENT DISPOSAL RECORD form. For appliances with less than 5 pounds there are several options. For large equipment with over 5 pounds, such as retail food refrigeration, cold storage warehouse refrigeration, rooftops, packaged units chillers, and industrial process refrigeration, the refr igerant shall be recovered in accordance with the EPA’s evacuation re quirements prior to dism antling or salvaging. For small appliances a choice can be made to recover onsite or send the units to an EPA approved Scrap/recycling Company thathas refrigerant removal capability. When any refrigerant equipmentis disposed, the refriger ant and oil must be removed from the equipment before its final disposal. A-60.5 Equipment Disposal Record-keeping The following information shall be document ed for each on-site disposed of unit.

; Date of recovery. ; Technician’s name & shop address ; Equipment ID # or serial number(s). ; Vacuum level achieved ; Refrigerant type and amount recovered. ; Organization re ceiving equipment. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page63 of 110Refrigerant Compliance Plan Safeway Inc.

14 No >5-pound equipment will be disposed of without removing the charge. An Environmental Disposal Tag similar to the following shall be attached to equipment being disposed. Without the tag, equipmentmay be refused at a landfill or scrap recycler.

A-60.6 Small Appliances Sent Off-site with Charge Intact to Salvage Company Small appliances, < 5 pounds, may be sent to an EPA approved salvage company with all systems intact (even if refrigerant leaked out). Prior to sending any small appliances to sa lvage, you must dete rmine in advance and receive a signed statement that the salvage yard has certified to the EPA that they recover the refrigerant before final disposal. Handle units with care to ensure none of the unit’s systems or circuits is damaged during loading/off loading and in transit. Keep the signed statement from the Salvager on file. Prepare a letter with the follo wing information for a ppliances sent with the charge intact and provide a copy to the final disposer. ; Your company name, address, contact name ; Salvager’s name and contact. ; Date of transaction. ; Unit model and serial num bers of all units sent. ; Refrigerant type. ; Include the following statement on the letter : “This equipment or appliance containing refrigerant is subject to the “safe disposal requirements” of the Clean Air Act of 1990 as implemented by 40 CFR Part 82, Subpart F, 82.150-166, requiring that refrigerants be removed from equipment and appliances prior to final disposal.” 

# Leaking Systems Requirements ENVIRONMENTAL DISPOSAL TAG ENVIRONMENTALLY HARMFUL REFRIGERANTS AND OIL HAVE BEEN REMOVED FROM THIS UNIT IN COMPLIANCE WITH SECTION 608 OF THE CLEAN AIR ACT REMOVED BY: (PRINT)_________________________ COMPANY NAME: (PRINT)______________________ ADDRESS: (PRINT)_____________________________

_

_____________________________________________ TELEPHONE:_____________________DATE:__/__/__ SIGNATURE___________________________________ Case3:13-cv-04086-JST Document11 Filed11/07/13 Page64 of 110Refrigerant Compliance Plan Safeway Inc.

15 A-70.1 Objective To define a leaking system and describe the procedures which will be followed by technicians servicing such systems (40 CFR Part 82.156, Final Rule Summary and Refrigerant Leak Repair Flow Chart). A-70.2 Statement of Intent Safeway employees or contract ors shall not charge refrig erant into a known leaking system without following the procedures in this section. A-70.3 Definition of a Leaking System A system is defined as a “known” leaking s ystem when one of the following conditions occurs: ;A review of readily availa ble documentation determines t hat the system has a leak. ;Safeway or contractor technician has added refrigerant to the same system during a recent service visit except when gas is add ed due to a change in ambient conditions caused by a change in season and fo llowed by the subs equent removal of refrigerant in the corresp onding change in season, wh ere both the addition and removal of refrigerant occurs wit hin one consecutive 12-month period. ;The service technician can readily de termine upon arrival for servicing the equipment that the system has a refrigerant leak. Any system that is found to have a substantial leak must be repaired within thirty days. If a substantial leak is discovered and cannot be repaired within thirty days, a retrofit or retirement plan must be devel oped for the system. Notify both the Division Refrigerant Supervisor and RFSC Refrigerant Manager immediately on systems that cannot be repaired within the thirty-day limit. It is against the law to knowingl y vent or release refrigerant s or non-exempt substitutes to the atmosphere while ma intaining, servicing, repairing, or disposing of air conditioning or refrigeration equipment. A-70.4 Substantial Leak Limi ts for Equipment Over 50 lb. A substantial leak is currentl y defined as a leak rate corresponding to 15% for comfort cooling and other refrigeration systems or 35% for industrial process and commercial refrigeration of the total system charge in a one (1) year period. Safeway’s Refrigerant Management software automaticall y calculates equipment leak rates of all equipment. To manually determine if a system is above the federal regulatorylevel rate use the following formula: Annual Leak Rate: (LB’s of refrigerant added over the past 365 da ys ((or since leaks were last repaired, if that period is less then one year )) / LB’s of refrigerant in full charge) X 100% Case3:13-cv-04086-JST Document11 Filed11/07/13 Page65 of 110Refrigerant Compliance Plan Safeway Inc.

16 A-70.5 Leak Repairs If a substantial leak is identified by t he service technician, it should be repaired immediately or as soon as possible. A l eak is repaired when the leak rate is demonstrated to be reduced below the applicable 35%/15% substantial leak threshold; however, Safeway’s goal is to reduce al l leaks to zero where practicable. Leak repairs must follow all proper EPA-a pproved procedures, including refrigerant evacuation and recovery/recycling, verification, and record keeping. Itis Safeway’s goal to perform leak repairs in a way that minimizes the additi onal venting of refrigerants. For example, where a leak cannot be repaired during the initial service call and requires additional refrigerant before repairs can be completed, the technician should consult with Safeway personnel to determine whether the system can be shut down pending repairs. Any time refrigerant must be add ed to a leaking system before repairs are completed, the technician should first obta in authorization from their supervisor, the Division Refrigerant Supervisor or the RFSC Refrigerant Manager. The authorization, along with the contributing factors delaying the repair of the leak , the reason why the system could not be shut down, and wh en and how the permanent repairs will be completed, shall be documented by co ntacting Safeway’s RFSC Refrigerant Compliance department; the approval shall be noted in the repair record notes field for the open call. NOTE: All follow-up repairs MUST be completed within 30 days. A-70.6 Leaks That Cannot Be Repaired in 30 Days If good-faith repair attempts do not succeed in repairing a substantial leak within 30 days, a written retrofit/replacement plan must be developed within this initial 30-day period (that is, the date the unit first exceeded its trig ger rate). The retrofit/replacement plan must address the entire system and mu st use a refrigerant with a lower or equivalent ozone-depleting pot ential. This plan should be entered in the Safeway Refrigerant Tracking Form 2 ”Comments” box with the date and details of the reasons why the leak cannot be repaired. The plan must also include the plan of action for the retrofit or replacement and must be comple ted in one year from the plan date. The action plan must be submitted to both t he Division Refrigerant Supervisor and RFSC Refrigerant Manager. 

# Leak Testing Requirements A-80.1 Objective To describe when leak testing is to be conducted, docume nted and the approved methods. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page66 of 110Refrigerant Compliance Plan Safeway Inc.

17 A-80.2 Leak Testing When leak testing new installations or syst ems after repair, the technician shall use approved testing methods. Us e the Refrigerant Tracking Form 2 to document all leak tests. ;Include leak test ing during scheduled preventat ive maintenance inspections. Annually leak test each system with greater than 50 lbs. of re frigerant as a best practice. (Mandatory in SCAQMD –Los Angeles) ;Initial Leak Verification Test: Leak testall equipment on the conclusion of major repairs and prior to recharging the unit with refrigerant. ;Document the results of the initial verification leak tests on Safeway Refrigerant Tracking Form 2. ;Follow-up Leak Verification Test: Sc hedule, conduct and document follow-up verification leak tests for all systems with over 50 lbs. of refrigerant. This test must be completed within 30 days after the initia l leak verification test was completed and with the unit operating at it s normal load. This test may take place at the time service is conducted, but mustbe two separate test methods. ;Leak test all new cont ractor installed equipment prior to acceptance. 

### A-80.3 Acceptable Leak Testing Methods The following are acceptabl e leak testing methods.  Electronic Leak detector  Ultrasonic Leak detector  Pressurizing system to 10 PSIG with HCFC- 22 then increasing pressure to safe level with dry nitrogen.  Soap bubbles  Halide torch detector  Deep Vacuum - Low-pressure chil ler (pull to 1mm hg. Ok if rise is < 2.5 mm hg in 12 hours)  Hydrostatic Tube test kit - Lowpressure chiller water tubes Safety notice: Never use oxygen, high-pressure air or a flammable gas for leak checking. Oxygen and oil form an extremely explosive mixture. 

# Refrigerant Inventory Process A-90.1 Objective To define the processes on how refrigeran t assets shall be managed and accounted. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page67 of 110Refrigerant Compliance Plan Safeway Inc.

18 A-90.2 EPA Pu rchase Records The EPA requires that owner/operators track purchases of refrigerants used in units with over 50 pounds charge and maintain purchase records for three years. See Record keeping Requirements.

A-90.4 Storage of partially fill ed refrigerant tan ks and cylinders Refrigerant cylinders and tanks that are not full must have a Cylinder Usage tag similar to the one in section E-20.6 atta ched to the tank. It is the technician’s responsibility to make sure the partially fille d tank is weighed and the re maining refrigerant gas is correctly inventoried. D-90.5 Storage of Refrigerants The National Fire Protection Associatio n (NFPA) codes and standards and local codes and standards along with ASHRAE Standard 15 – 1994 provide standards for storing refrigerants. ;Do not store over 330 pounds of refriger ant in mechanical equipment rooms (motors > 50 horsepower). ;Refrigerant stored in any room shall be secured to limit access to certified technicians only. ;For storage in non-mechani cal rooms ensure adequate ventilation. If poor ventilation is a concern change storage location or have a registered mechanical engineer review and perform ASHRAE Standard 15 calculations to determine if refrigerant sensors and alarms are necessary in storage rooms. ;Preferred storage is in a large volume ground level ware house type location within a securely fenced, locked area. 

# Contractor Requirements A-100.1 Objective To define requirements for managing refriger ant service contractors and contractors installing new equipment. Th e Division Refrigerant Supervisor, engineering and purchasing departments an d RFSC shall work as a team to modify construction/renovation contracts and service co ntracts to meet the requirements of this chapter. A-100.2 Contract Amendments All Contractors must sign a copy to t he Safeway Standard Service Provider Terms and Conditions. RFSC is responsible to keep a signed copy of the Contractor’s Safeway Standard Service Provider Terms and Conditions. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page68 of 110Refrigerant Compliance Plan Safeway Inc.

19 Contractor shall provide only proper level EPA certified technicians using EPA certified and registered recovery/recycle units to perform work on Safeway refrigerant containing equipment. Contractor shall submit the following informa tion prior to starting any work and no less than annually thereafter. Contractor will submit a signed copy of th e Contractor’s Compliance Certification no less frequently that one time a year. The Contractor’s Compliance Certification will include ;A list of all service tec hnicians’ names and EPA certification numbers and level of certification (copies of EPA Cert ification Cards are acceptable). ;A list of all recovery/recycling units to be used and a signed statement that an EPA Recovery Unit Acquisition Ce rtification form has been sentto the EPA (a copy of the form is acceptable). ;A signed letter/memo addressed to contractor ’s employees that requires contractor’s technicians to provide the specified refr igerant related information written on the Safeway Refrigeration In formation Work sheet. A-100.3 Documentation and Record-Keeping Contractor shall provide service records with all required information to the RFSC Refrigerant Compliance department using the Refrigerant Tracking Form 2. The information requested includes: ;Equipment ID tag number ;Location of equipment ;Refrigerant type and Unit Charge ;Date of service ;Service, repair or disposal description ;Quantity of refrigerant added ;Quantity of refrigerant removed, recove red, recycled, reclaimed or disposed of ;Quantity of lubricant disposed of, and method of disposal ;Detailed information on any leaks discovered and repaired ;Name(s) of EPA certified servic e technicians who performed work A-100.4 Consequences for Non-Compliance Safeway shall have the right to stop work under any contract at any time if the work fails to meet the EPA regulations. Safeway shall have the right to withhol d payment for servic es if the proper documentation of refrigerant work or related work is not completed. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page69 of 110Refrigerant Compliance Plan Safeway Inc.

20 A-100.5 Demolition Procedure for Equipment Removed by Contractors Contract language for any refrig erant handling work by cont ractors shall include at a minimum. A requirement for contractor to provide names of EPA cert ified technicians with their certification number and certification level who will be performing the refrigerant equipment demolition and refrigerant recovery. Note: If a properly certified contractor tec hnician removes the refrigerant, and the unit is tagged as such then a non-certified person may perform the actual demolition. In all cases the contractor technician s hall tag the unit that the refrigerant was removed and complete the EQUIPMENT DISP OSAL RECORD. A sticker similar to the one below shall be permanently attach ed to properly evacuated equipment that is no longer in use.

The contractor using contractor provided refrigerant recovery cylinders shall transport or dispose of the recovered refrigerant. The quantity rem oved from each unit and from the site shall be documented on the EQUIPMENT DISPOSAL RECORD 

# Refrigerant Recovery Procedure B-10.1 Objective To define the procedures for recovering refr igerant; guidelines for proper filling of recovery cylinders and drums; recommended sa fety precautions; and an applicable evacuation levels chart. B-10.2 Refrigerant Recovery Procedure Follow the instructions for th e specific recovery unit you are using and follow the general guidelines below where applicable. ENVIRONMENTAL SAFETY NOTICE ENVIRONMENTALLY HARMFUL REFRIGERANTS AND OIL HAVE BEEN REMOVED FROM THIS UNIT IN COMPLIANCE WITH SECTION 608 OF THE CLEAN AIR ACT REMOVED BY: (PRINT)_________________________ COMPANY NAME: (PRINT)______________________ ADDRESS: (PRINT)_____________________________

______________________________________________ TELEPHONE:_____________________DATE:__/__/__ SIGNATURE___________________________________ Case3:13-cv-04086-JST Document11 Filed11/07/13 Page70 of 110Refrigerant Compliance Plan Safeway Inc.

21 Before Beginning Recovery: 1. Label all recovery cylinders with a refrigeran t ID label for the type of refrigerant that it contains or will contain. Color-code all recovery cyli nders as required: yellow top, gray body. Do not accept any exch ange or new cylinders that are not colorcoded or have an expired re-test date. 2. Maintain recovery equipment in proper working order. Change filter/dryers: a) after 200 lbs. of recovered refrigerant, b) when changing to a different refrigerant type, c) after refrigerant is recovered fr om a compressor burn-out, d) according to manufacturer’s recommendations. 3. Leak-test each piece of recovery equipment every six mo nths or per local regulations to ensure all units meetthe EPA mandated evacuation levels. Note: Certified technicians can be asked duri ng an EPA inspection to demonstrate proper operating procedures of a recovery unit. 4. Follow the manufacturer’s operating pr ocedures for the equipment being used. Make sure that copies of the operating and ma intenance procedures are attached to the equipment. Original operating instructions should be maintained in a file. 5. Install filters, if necessary. 6. Pull a five-to-ten minute vacuum on the system using a micron gauge to ensure refrigerant parity and to evacuate non-condensables. 7. Check safeties. 8. Evaluate if the unit or inte rconnection hoses trap any re frigerant that might mix and contaminate refrigerant. 9. Using quick connect fitt ings on the refrigerant hoses, connect the recovery equipment and cylinder to the equipment being serviced . Evacuate refrigerant hoses. Start the Recovery Procedure: 1. Begin to withdraw liquid or vapor or both. Not all mechanical equipment is designed for access to the liquid refrig erant. It is the responsibility of the technician to determine this and make the proper decision. Note: The ability to withdraw liquid is preferable for these reasons: ; Liquid withdrawal removes ma ny contaminants in suspension. ; Water-charged heat exchangers wil l not freeze as readily. ; Withdrawal may be quicker, though processing may not be. ; Liquid withdrawal will pull all system co ntaminants into the recovery unit, while vapor recovery leaves them in the serviced system if the machine recovers by pulling refrigerant through its internal circuitry. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page71 of 110Refrigerant Compliance Plan Safeway Inc.

22 1. If able to recover in the liquid mode, mo nitor the recovery process until all liquid is recovered, then change to vapor-recovery mode . At all times monitor the weight of refrigerant in the recovery cylinder. 2. Ensure that the EPA mandated vacuum levels are reached and record levels achieved. 3. Use a digital scale to record the am ounts of refrigerant recovered. When recovering large amounts of refrig erant, use a drum or hanging scale. 4. Drain the oil separator to ensure no cont amination of the refr igerant occurs. 5. After reaching the required vacuum leve l, isolate the equipment, turn off the recovery unit, and watch the gauges. An increase in pressure may indicate additional refrigerant in the equipment system requiring additional recovery. 6. When recovery is complete, secure all equipment and proceed with the repair. If using: Then:

An empty recovery cylinder Evacuate to ensure no contamination occurs. An unknown/unlabeled recovery cylinder that already contains refrigerant Determine or test refrigerant quality and type. A recovery unit equipped with an automatic low pressure shutoff Wait and watch for at least five minutes after the unit shuts off when system goes into vacuum to determine whether all liquid and residual vapors have been withdrawn. A rise in pressure from a vacuum indicates more re frigerant to recover. A recovery unit which automatically restarts on system pressure rise Let it cycle until all possible refrigerant has been recovered. This type of unit must not be operated unattended.A refrigeration unit with a suspected airside or water-side leak Recover only to atmospheric temperature to prevent air from entering the system and document this action. When possible the refrigeran t gas may be recovered into a different part of the refrigeration system provided there is no leakage into the section being repaired. The process must be documented on the Refrigerant Tracking Form 2 and entered in system. B-10.3 Applicable Evacuation Levels When servicing or disposing of equipmentcertified technicians must evacuate the refrigerant with an approved reco very unit or isolate the refr igerant gas into a separate part of the refrigeration system. Applicable evacuation levels specified in the chart below must be met. Recovery Units Manufactured Date Type of Appliance Before Nov. 15, 1993 Grandfathered Unit After Nov. 15, 1993 ARI/UL Unit R-22, R-402A/B, R-407A/B/C appliance, or isolated component of 0 0* Case3:13-cv-04086-JST Document11 Filed11/07/13 Page72 of 110Refrigerant Compliance Plan Safeway Inc.

23 such appliance, normally containing less than 200 pounds of refrigerant. R-22, R-402A/B, R-407A/B/C appliance, or isolated component of such appliance, normally containing 200 pounds or more of refrigerant. 4 10

Very High Pressure Appliance R-410A/B, R-13, R-23, R-503 0 0 Other high-pressure appliance, or isolated component of such appliance, normally containing less than 200 pounds of refrigerant. R-12, R-114, R-134a, R-401A/B/C, R-500, R-502 4 10

Other high-pressure appliance, or isolated component of such appliance, normally containing more than 200 pounds of refrigerant. R-12, R-114, R-134a, R-401A/B/C, R-500, R-502) 4 15

Low-Pressure Appliance R-11, R-113, R-123 25 25 mm Hg absolute * Inches of Hg vacuum relative to standard atmospheric pressure of 29.9 inches of Hg, except where noted. For small appliances (less than 5 pounds), evacuation levels are as follows: ; for “grandfathered” recovery equipment, recover 80 percent. ; for new recovery equipment when the compressor is work ing, recover 90 percent. ; for new recovery equipmen t when the compressor is not working, recover 80 percent. ; for all appliances, evacuate to 4 inches of mercury vacuum. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page73 of 110Refrigerant Compliance Plan Safeway Inc.

24 B-10.4 Refrigerant Recovery Procedure Process Diagram

EPA mandated vacuum levels reached? Withdraw liquid

and/or vapor

Recover in liquid state? Liquid recovery state : Monitor recovery process until all liquid is recovered, monitor weight in recovery cylinder

Vapor recovery state : Monitor weight in recovery cylinder

Equipment faulty? Obtain new or repair equipment

Significant

leaks? Record amounts

of refrigerant

recovered

Drain oil separator to ensure refrigerant not contaminated

Isolate equipment, turn off recovery

unit, monitor

gauges

Secure all equipment, proceed with repair Yes

Yes No

No

No

Yes Yes No Warning! Do not overfill cylinder - 80% max (See Refrigerant Cylinder Safety section) Case3:13-cv-04086-JST Document11 Filed11/07/13 Page74 of 110Refrigerant Compliance Plan Safeway Inc.

25 

### Refrigerant Cylinder Identification B-20.1 Objective To describe the color and labeling procedure for refrigerant cylinders. B-20.2 Refrigeran t Container Color Containers for recovered refrigerant should be colored according to ARI Guideline K1997, Containers for Recovere d Fluorocarbon Refrigerants

. This guideline requires a color scheme of gray with a yellow cap. Since it applies for all recovered refrigerants, it is imperative that recovered refrigerant containers be marked or tagged to avoid recovering different refrigerants into the same cylinder. ; Cylinders with non-removable collars: the body shall be gray, the collar shall be yellow. ; Cylinders with removable caps: they body shall be gray, the shoulder and cap shall be yellow. ; Drums: the drum shall be gr ay, the top head shall be yellow. ; Tons: the body shall be gray, the ends and chimes shall be yellow. E-20.3 Virgin Refrigerant Cont ainer Color and Class Matrix

Refrigerant Color PMS # Class 11 Orange 021 I 12 White None II 13 Light Blue (Sky) 2975 III 13B1 Pinkish-Red (Coral) 177 III 14 Yellow-Brown (Mustard) 124 III 22 Light Green 352 II 23 Light Blue-Grey 428 III 113 Dark Purple (Violet) 266 I 114 Dark Blue (Navy) 302 II 116 Dark Grey (Battleship) 424 III 123 Light Blue-Grey 428 I 124 Deep Green (DOT Green) 335 I 125 Medium Brown (Tan) 465 I 134a Light Blue (Sky) 2975 II 401A Pinkish-Red (Coral) 177 II 401B Yellow-Brown (Mustard) 124 II 401C Blue-Green (Aqua) 3268 II 402A Light Brown (Sand) 461 III 402B Green-Brown (Olive) 385 III 404A Orange 021 III 407A Lime Green 368 III 407B Cream 156 III 407C Medium Brown (Brown) 471 III 408A Medium Purple (Purple) 248 III 409A Medium Brown (Tan) 465 II Refrigerant Color PMS # Class 410A Rose 507 III Source: ARI Guidelines N-1995, ARI Guidelines K-1997 PMS = Pantone® Matching System, an international printing, publishing and packaging color language. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page75 of 110Refrigerant Compliance Plan Safeway Inc.

26 410B Maroon 194 III 500 Yellow 109 II 502 Light Purple (Lavender) 251 II 503 Blue-Green (Aqua) 3268 III 507 Blue-Green (Teal) 326 III 717, NH 3 Silver Any Recovered Yellow/Gray B-20.4 Refrigerant ID Labels and Usage Tags It is essential to know what refrigerant is in a given cyli nder. Therefore, recommended guidelines have been established for labeling refrig erant cylinders

. ARI Guideline N1995, Assignment of Refrigerant Container Colors, sets color st andards for existing, new and reclaimed refrigerants. Purcha se and place an appropriate color coded refrigerant ID labels fo r each refrigerant recovery cylinder, tank or drum (available from most local distributors). For each recovered refrigerant type, mark the cylinder with refrigerant condition (good, unknown, contaminated). If you have mixed refrigerants mark it as mixed and do not use. B-20.5 Sample Refrigeran t Identification Labels Each container shall be marked will a DOT proper shipping name and an appropriate UN identification number. Refer to Refriger ant Transporting/Shipping section for more information. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page76 of 110Refrigerant Compliance Plan Safeway Inc.

27 B-20.6 Sample Cy linder Usage Tag Utilize a refrigerant usage tag when multiple users/shifts utilize a refrigerant cylinder, tank or drum. The following is a sample.



# Contamination Avoidance B-30.1 Objective To define the practices whic h shall be followed to avoid contaminating a recovery container. B-30.2 Statement of Intent Refrigerant shall not be mixed. Refrigerant that is contaminated can cause future service problems. Every effo rt to avoid contamination s hall be made. Reclamation centers will not accept mixed refrigerants. Safeway can be charged for disposal of the mixed gases. B-30.3 Standard Procedures Remove and dispose of recovery/recycling fi lters when changing refrigerants. Filters include Cartridge Filter cartridges, Inline f ilters (both suction and liquid), and Bullet filters. Properly label refrigerant cylin ders in accordance with ARI Gu idelines K. Refer to the Refrigerant Cylinder Identi fication for specifics. Recover residual refrigerant from the serv ice gauge set and hoses after each service procedure or have a gauge set for each type of refrigerant. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page77 of 110Refrigerant Compliance Plan Safeway Inc.

28 Properly prepare the recovery/recycling machine to receive each refrigerant per manufacturer’s specifications. This incl udes completely removing the residual refrigerant left in the machine. Before changing refr igerant types, draw a vacuum to assure that all cont aminates in the equipment have been removed. Properly prepare the recovery cylinder to re ceive each refrigerant per manufacturer’s specifications. This includes completely remo ving the residual refr igerant left in the cylinder. Before changing refr igerant types, draw a vacuum to assure all possibility of contaminants in the refrigerant has been removed. 

# Used Refrigerant Handling B-40.1 Objective To define which of the fo llowing three options should be used when dealing with refrigerant that has been recovered from a system. Option 1: Put refrigerant back into the system without recycling it. Option 2: Recycle refrigerantand put it back into the system from which it was removed or return to inventory for use in Safeway’s owned equipment. Option 3: Send refrigerant to a certified reclaimer or vendor. B-40.2 Introduction If the refrigerant is put back in to the system it was removed from, or saved for use in an other system, the recovered refrigerant contami nant levels shall not exceed the levels in the Maximum Contaminant Level Table. If the contaminant levels are exceeded, the refrigerant should be recycled or reclaimed, or new refrigerant used. Since it is not always practical or feasible to confirm that a recovered or recycled refrigerant meets these levels by test, these guidelines have been written to give the servicing personnel some criteria to help determ ine which of the three optionscovered in the “Objective” should be chosen. There are several factors that need to be considered when deciding what to do with recovered refrigerant. These factors include: 1. Reason system is being serviced, 2. Condition of refr igerant and system, 3. Equipment manufacturers’ policies, 4. Refrigerant cleaning capability of recycling equipment. 5. Feasibility and Maintenan ce departments’ preference. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page78 of 110Refrigerant Compliance Plan Safeway Inc.

29 After all of these factors have been evaluated, the service technician should be able to make a decision. General Comments Regardless of whether recycled refrigerant or new/reclaimed refrigerant is put into a system, the system must be pr operly cleaned and evacuated pr ior to putting refrigerant back into the system. Manufacturer’s recommended service procedures should be followed to ensure that the system is free of contamination before any refrigerant is put into the system. At a minimum, all driers in the system should be replaced and systems with compressor burnouts should have a sucti on line filter/drier added to assist in removing acids that will be in t he oil that remains in the system. If the refrigerant is removed from a syst em, recycled and returned to a system, there are several other things to keep in mind. Recovery cylinders must be kept clean so that refrigerant that has been recycled does not become contaminated again when it enters the recovery cylinder. Cleaning and maintaining recycling and reco very equipment regularly, especially after the equipment has been used on jobs with ve ry contaminated refrigerants, is very important to ensure that the contamination from the previous job does not transfer to the next job. B-40.3 Recycled Refrigerants Refrigerants that are recovered and recycled should not exceed the Maximum Contaminant Levels before reuse as shown in the following table: Maximum Contaminant Levels of Recycled Refrigerants in Same Owner’s Equipment Contaminants Low Pressure Systems R-12 Systems All Other Systems Acid Content (by wt.) 1.0 PPM 1.0 PPM 1.0 PPM Moisture (by wt.) 20 PPM 10 PPM 20 PPM Non-Condensable Gas (by Vol.) N/A 2.0% 2.0% High Boiling Residues (by Vol.) 1.0% 0.02% 0.02% Chlorides by Silver Nitrate Test No turbidity no turbidity no turbidity Particulates Visually clean visually clean visually clean Other Refrigerants 2.0% 2.0% 2.0% Note: To insure that the recycling equipment maintains its demonstrated capability to achieve the above levels, it must be operated and maintained per the equipment manufacturer’s recommendations. Laboratory testing is your only sure assu rance that contaminant levels are not exceeded, but it may be accomplished if t he recycle unit is capable of recycling refrigerants to the le vels in the table. B-40.4 Mixed Refrigerants Mixed refrigerantsrefer to the situation where refrig erants become unintentionally mixed as opposed to commercially available zeotropic or azeotropic blends. Mixed refrigerants: Case3:13-cv-04086-JST Document11 Filed11/07/13 Page79 of 110Refrigerant Compliance Plan Safeway Inc.

30 ; Have adverse impact on operating systems performance and capacity. ; Affect lubrication, equipment life operating costs and warranty costs. ; Have a higher cost for disposal. 

### Determining the Presenceof Mixed Refrigerant s Determine the presence of mixed refrigerants wi th a laboratory test; or check the saturation pressure and temperature of the refrigerant in the system and co mpare with the published values for this refrigerant in a pressure-temperature chart. 

# Blend Refrigerants B-50.1 Blend Refrigerants/Retrofits Only use a retrofit refrigerant, which has bee n approved by the original air conditioning manufacturer and as approved bythe EPA’s “SNAP” list. System modifications may include hoses, a high-pressure cutout device, seals, desiccant, lubricant, refrigerant control re placement, increased co ndenser capacity and other modifications as determined by the equipment manufacturer. Not following the OEM recommendation may result in system dam age, loss of performance and affect the warranty. It should be noted that blend refrigerants may not be compatible with CFCs, HCFCs, or HFCs and may require sepa rate service equipment. There are two situati ons that a technician may encount er when working with blends: Blend Fractionation Blend fractionation is when one or more refrigerants of the same blend leak at a faster rate than the other refrigerants in the same blend. This di fferent leakage rate is caused from the different partial pressures of each constituent in the near-a zeotropic mixture. Fractionation also occu rs because the blends are near-aze otropic mixtures and not pure compounds, or pure substances like CFC-12. Fractionation was initially thought of as a serviceability barrier because the original refrigerant composition of the blend’s constituent may change over time from leaks and recharges. To avoid fractionation, ch arging of a refrigeration system incorporating a nearazeotropic blend should be done with liquid refrigerant whenever possible. To ensure that the proper blend composition is charged in the system, it is important that only liquid be removed from the charging cylinde r. Cylinders containing near-azeotropic blends are equipped with dip t ubes, allowing liquid to be re moved from the cylinder in the upright position. When adding liquid re frigerant to an operati ng system, make sure liquid is throttled , thus vaporized, into the low side of the system to avoid compressor Case3:13-cv-04086-JST Document11 Filed11/07/13 Page80 of 110Refrigerant Compliance Plan Safeway Inc.

31 damage. A throttling valve can be used to ensure that liquid is converted to vapor prior to entering the system. Blend Temperature Glide Near-azeotropic ternary blends have temper ature glides (a ra nge of condensing or evaporating temperatures for one pressure ) when they evaporat e and condense. A pure compound like CFC-12, boils and condense s at a constant temperature for a given pressure. Since the blends are near azeotropic, they will have some “temperature glide” or a range or temperatures in which they will boil and condense. The amount of glide will depend on system design and blend makeup. Temperature glide can range from 2 to 12 degrees Fahrenheit. Since the saturated liquid temperature and the saturated vapor temperature fo r a given pressure are not the same, the constituent in the blend with the highest vapor pressure (l owest boiling point) will reach 100 percent saturated vapor before the other constituents. Sensible heat will not be gained by this refrigerant while the other constituents in the blend are still evaporating. This same phenomenon happens during the condensing cycle. Some systems will not be affected by this temperature glide because it is design dependent. System design conditions must be ev aluated when retrofitti ng with a blend. Because of the high percent age of HCFC-22 in some blen ds, the compressor may see higher condensing saturation temperatures and pressures when in operation. Because HCFC-22 has a relatively higher heat of compression when compared to other refrigerants, a higher discharge temperature may be experienced. B-50.2 Refrigerant Blend Nomenclature Refrigerant blends are designat ed by their refrigerant numbers and weight proportions. The refrigerants will be listed first in order of increasing boiling points, followed by their respective wei ght percentages. The blends also have re frigerant “R” numbers: The 400 series blends represent t he near-azeotropic refrigerant blends. The 500 series blends repres ent the azeotropic blends. For example: R-401 would indicate that the blend is a near-a zeotrope, and the 1 would indicate that it is the first 400 series bl end commercially produced. R-502 would indicate that the blend is an azeotrope, and the 2 would indicate that it is the second 500 series ble nd commercially produced. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page81 of 110Refrigerant Compliance Plan Safeway Inc.

32 B-50.3 SNAP Approved Refr igerant Replacement Blends Blend Producer Base Lubricant Application R-401A 22/152a/124 (53/13/34% wt.) Dupont MP39 HCFC Alkylbenzene Medium Temperature R-12 R-401B 22/152a/124 (61/11/28% wt.) Dupont MP66 HCFC Alkylbenzene Transportation Refrigeration and Low Temperature R-12 R-402A 22/125/290 (38/60/2% wt.) Dupont HP80 HCFC Alkylbenzene & some Ester Low and Medium Temperature R-502 R-402B 22/125/290 (60/38/2% wt.) Dupont HP81 HCFC Alkylbenzene Low and Medium Temperature R-502 R-403B 22/218/290 (55/39/5% wt.) Rhone Poulenc ISCEON69L HCFC Mineral Alkylbenzene Polyol Ester Low Temperature R-13 & R-503 R-404A 125/143a/134a (44/52/4% wt.) Dupont HP62 ELF Atocem FX70 HFC Polyol Ester Low and Medium Temperature RefrigerationR-502 Blend Producer Base Lubricant Application R-406A 22/142b/600a (55/41/4%) GHG12 National Refrigerants HCFC Mineral Alkylbenzene Stationary R12 Refrigeration. R-12 R-407A 32/125/143a ICI Americas KLEA 60 HFC Ester Low and Medium Temperature R-502 R-407C 32/125/134a (30/10/60% wt.) Dupont Suva 9000 KLEA 66 HFC Polyol Ester Air Conditioning R-22 R-408A 22/125/143a (47/7/46% wt.) FX10 ELF Atocem HCFC Mineral Alkylbenzene Polyol Ester Low and Medium Temperature R-502 R-409A 22/124/142b (60/25/15% wt.) FX56 ELF Atocem HCFC Mineral Alkylbenzene Polyol Ester Low and Medium Temperature R-12 R-410A 32/125 (60/40% wt.) Allied Signal AZ-20 HFC Ester High & Medium Temp. Refrigeration., Air Conditioning (Azeotrope) R-22 R-507 125/143a (45/55% wt.) Allied Signal AZ-50 HFC Ester Low and Medium Temperature (Azeotrope) R-502 R-508a 23/116 (39/61% wt.) National Refrigerants HFC Polyalpha Olefin Alkylbenzene Mineral Very Low Temperature Refrigeration. R-503 R-508b 23/116 (46/54% wt.) Dupont Suva95 HFC Polyolester Manufacturer recommendation Very Low Temperature Refrigeration. Cascade R-503, R-13 Note: Constituent percentages and lubricant applications may change or vary as research continues. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page82 of 110Refrigerant Compliance Plan Safeway Inc.

33 

# Lubricants B-60.1 Objective To provide general information on the use of lubricants in systems containing refrigerants and defin e the EPA maximum pressure for changing oil. B-60.2 EPA Pressure Limit fo r Removing Refrigerant Oil When changing oil, five (5) PSIG is the maximum EPA legal pressure a system may be subjected to [40 CFR Part 82 Subpart F §82.156 (a)(2) C].

B-60.3 Lubricants CFC and HCFC systems have traditionally us ed mineral oil lubricants. HFC-134a and the other alternative refrigerants use several types of synthetic lubr icants. (Polyalkylene Glycol, Polyol Ester, Alkylb enzene) The manufacturer’s label should identify the correct type of lubricant required. Mixing of syn thetic lubricants ma y also cause system problems. Use only the lubricant specif ied by the AC/R system manufacturer. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page83 of 110Refrigerant Compliance Plan Safeway Inc.

34 

# General Processes B-70.1 Objective The following general processes have been developed to provide guidance to the technician. The actual process the te chnician uses will be dependent on their equipment and circumstances. These diagrams are intended to provide general information only. B-70.2 Preparation of a New Recovery Unit

Receive new recovery unit

Copy operation instructions and keep original in "safe" storage

All technicians should read and review operating instructions and maintenance instructions

Install required filters Fill compressor crankcase

Pull a 5 to 10 minute vacuum on the system using a micron gauge

Evaluate in operation and practice if unit

traps refrigerant to prevent cross contamination Vent transport charge Check safeties Case3:13-cv-04086-JST Document11 Filed11/07/13 Page84 of 110Refrigerant Compliance Plan Safeway Inc.

35 B-70.3 General Procedure for Prepari ng a New Recovery Cylinder

Vent the 10 to 15 psig dry nitrogen holding charge

Draw a 29 in Hg vacuum on the tank

for 5-10 minutes

Record: • Date from which retest will be figured • Tare Weight (T.W.) • Water Capacity (W.C.) • Tank/Cylinder ID number Receive tank and label tank for proper

refrigerant

Apply the federal (EPA) warning sticker that indicates the cylinder/tank contains Ozone Depleting Substances if the tank does not already have one affixed Case3:13-cv-04086-JST Document11 Filed11/07/13 Page85 of 110Refrigerant Compliance Plan Safeway Inc.

36 B-70.4 Sample Refrigerant Identification Labels

B-70.5 General Proc edure for Switching Refrigerants in a Recovery Cylinder/Tank Connect an approved recovery

service series cylinder/tank to the recovery machine and draw out all possible remaining refrigerant, verify this by using a compound gauge

When you are sure you have withdrawn all possible refrigerant, draw a 5 to 10 minute vacuum on the tank at 29 in. Hg. or greater using a compound gauge or micron gauge to insure purity

Appropriately re-label the tank for the new refrigerant

Note: It is recommended that a separate recovery cylinder/tank for each refrigerant be used to minimize cross contamination Case3:13-cv-04086-JST Document11 Filed11/07/13 Page86 of 110Refrigerant Compliance Plan Safeway Inc.

37 B-70.6 General Procedure for Reco vering Refrigerant from a Unit Prior to Servicing Prepare recovery unit according to manufacturer's directions

Attach recovery unit to disabled systems through a service gauge set

Depending upon type of recovery unit, begin to withdraw liquid or vapor or both

The recovery unit should be restarted as many times as necessary until all possible refrigerant has been withdrawn from the system under service - provided there are no leaks in the system

If the machine is of the type that automatically restarts on

system pressure rise,

let it cycle until all possible refrigerant has been recovered; this type of unit must not be operated unattended If the unit is the "On at all times" type, evaluate the service system to determine when as much refrigerant as possible has been recovered;

this type of unit must not be operated unattended If recovery unit is equipped with an

automatic low pressure shutoff, and shuts off when system being

recovered goes into vacuum, wait and watch for at least 5 minutes

while evaluating whether or not all liquid and residual vapors have been withdrawn. If pressure rises from a vacuum, either there is more refrigerant to recover, or a leak.

If refrigerant unit being serviced has a suspected air side or water side leak, recover the system only to

atmospheric pressure Note: The ability to withdraw liquid is preferable for these reasons: • Liquid withdrawal removes many contaminants in suspension. • It reduces the possibility of freezing water in the heat exchangers. Note: maintain water flow. • It is faster. • Remember liquid withdrawal will pull all system contaminants into your recovery unit, whereas vapor recovery leaves them in the serviced system. • Liquid recovery directly into a recovery tank may be best for a "burnout."

Make necessary system repairs Case3:13-cv-04086-JST Document11 Filed11/07/13 Page87 of 110Refrigerant Compliance Plan Safeway Inc.

38 B-70.7 General Procedure for Switching Refrigerants in a Recovery Unit

Using recovery unit, pull all possible remaining refrigerant out of the recycling unit. This may take several pull down cycles and as long as 11⁄2 hours.

Change filters. Drain lubricant and discard filter.

Install new filters or filters used

for that same refrigerant type that are not spent.

Draw a 5 to 10 minute vacuum on the recycling unit using compound or micron gauge to insure purity and to evacuate any non-condensables, or remaining foreign refrigerant. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page88 of 110Refrigerant Compliance Plan Safeway Inc.

39 B-70.8 Procedure for Disposal of N on Refillable Refrigerant Cylinders Using a recovery unit, draw off all possible remaining refrigerant. Verify by sustained vacuum, weight, and/or temperature that the tank is empty.

Equalize Pressures.

Puncture or punch out safety relief disk.

Do not refill and transport non refillable cylinder.

Dispose of in a metal recycling bin. Note: It is illegal and the transporter is subjected to up to a $25,000 fine and 5 years in jail.



# Accidental Refrigerant Release B-80.1 Objective To define the federal regulations 40 CFR Pa rt 82 requirements on refrigerant venting and accidental refrigerant releases. B-80.2 Venting Prohibitions It is against the law to knowin gly vent refrigerants or no n-exempt substitutes to the atmosphere while maintaining, servicing, repairing, or disp osing of air conditioning or refrigeration equipment. Acceptable releases are: ; A “de minimus” quantity released in the course of making a good faith attempt to recapture, and recycle or safely dis pose of refrigerant. An example of a de minimus leak would be the quantity of re frigerant released while disconnecting a manifold gauge set. ; Refrigerants emitted during the normal co urse of operation of air conditioning and refrigeration equipment su ch as purge unit operation. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page89 of 110Refrigerant Compliance Plan Safeway Inc.

40 ; Mixtures of nitrogen and trace quantities of R-22 that are used as a holding charge or as a leak test gas, because in these cases they are not used as refrigerant. B-80.3 Accidental Refrigerant Release Report If an accidental refrigerant re lease occurs such as human caused accidental damage to a refrigerant line, service valve or cylinde r the incident shall be documented on the Refrigerant Tracking Form 2 and entered into RMS System. NOTE: Do not record mechanical failures of a unit as an accidental release because the quantity of refrigerants entered is no t used in leak rate calculations. E-80.5 Accidental Refrig erant Release Flow Chart

For all systems over or under 50 lbs, comfort or process

Enter quantity of refrigerant lost and amount recharged

Repair unit and send service order to refrigerant coordinator Describe incident Document on RCM service order, unintentional vent section

If venting exceeds 10,000 lbs of a CFC or HCFC refrigerant, notify environmental department. (EPCRA Section 313)

Note: the key point to remember is to document refrigerant usage. 

# Refrigerant Cylinder Safety B-90.1 Background Safety shall be the first prio rity. The following guidelines provide information on cylinder safety. B-90.2 Refrigerant Cylinder Safety Never use a standard disposable 30 lb. cylinde r (the type of container in which virgin refrigerant is sold) to recover refrigerant. Use only DOT CFR Title 49 or UL-approved Case3:13-cv-04086-JST Document11 Filed11/07/13 Page90 of 110Refrigerant Compliance Plan Safeway Inc.

41 storage containers for reco vered refrigerant (containers marked DOT 4BW or DOT 4BA). B-90.3 Thermal Expansion ;Safety codes recommend that closed cyli nders not be filled over 80% of the volume with liquid. The remaining 20% is called head pr essure room. ;Refrigerant expands when it gets warm. ;When refrigerant expands some of it boils, thus increasing the pressure. ;Remaining liquid expands rapi dly and may fill the containe r 100% full with liquid. ;Pressure within the cylinder increases at a sl ower rate if there is room for the gases. The pressure increases to the liquid saturation. ;A cylinder filled with 80% liq uid is relatively sa fe. Do not fill cylinders over 80%. Cylinder Temp. 60o F 70o F 100o F 130o F 150o F Space Occupied with Liquid Starting with Cylinder 80% Full 80% 81% 83% 90% 94%

Starting with Cylinder 90% Full 91% 92% 96% Cylinder is 100% full

Liquid @113o Pressurizes Very Rapidly Explosion 

# 

DO NOT OVERFILL REFRIGERANT CYLINDERS B-90.4 Guidelines for Proper Filling of Recovery Cylinders Cylinder integrity Prior to filling a cylinder, inspect for signs of damage such as dents or corrosion. Do not fill a damaged or out of date cylinder. Use only recovery cylinde rs identified for used refrigerant. Do not use cyli nders designed for virg in refrigerant. Recovery cylinders should comply with Department of Trans portation (DOT) specification 4BA300 and 4BW. If a cylinder does not hold a vacuum, (29 in hg for 20 minutes) the cylinder should not be used. Cylinder test date A recovery cylinder should not be filled if today ’s date is more than five years after the date of manufacture or after the retest date stamped on the shoulder. If the cylinder has been tested the test date will look similar to the following example: Case3:13-cv-04086-JST Document11 Filed11/07/13 Page91 of 110Refrigerant Compliance Plan Safeway Inc.

42 B2 12 93 22 The designation in the above example indica tes the cylinder was re -tested in December 1993 by re-tester number B222. Enter the date t he cylinder is to be retested in the ACA Inventory Manager Legal fill Liquid used refrigerant will expand when exposed to high temperatures. Thermal expansion of the liquid in an overfilled cyli nder could rupture it. Wh en filling recovery cylinders, carefully monitor the gross weight to ensure th is maximum is never exceeded. Gross Legal Fill Weight (GLFW) for every cylin der, container, cylinder , or other vessel is always 80 percent of ca pacity. The responsibility rests wit h the technician to shut off the transfer machine at 80 percent cylinder fill for cylinders that don’t do so automatically. By weight, the formula is as follows: GLFW = (WC x 0.8) + TW WC = Water Capacity: the weight of the flui d that would fill the cylinder 100 percent. TW = Tare Weight: the wei ght of the empty cylinder. Both these weights plus the test date will be stamped on the collar or chine of the cylinder. For HCFC-22 and/or refrigerants in cylinders, which will encounter large temperature fluctuations, the automotive sector’s formula is recommended to allow more head/expansion space in the cylinder: GLFW = (WC x 0.6) +TW Look at regularly, but do not tr ust exclusively, a percent-fill gauge or an automatic shutoff device. Vapor pressure When a compressor is used to recover used refrigerant vapors from a refrigeration unit, monitor cylinder pressure to avoid exceeding the relief valv e set pressure (450 PSIG). To ensure optimum safety, a maximum cylinder pressure of 300 PSI G during the filling operation is recommended. Sealing After filling, verify that all cylinder valves are closed properly to prevent leaks during subsequent handling and sh ipping. If necessary , leak test the valv e with soapy water. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page92 of 110Refrigerant Compliance Plan Safeway Inc.

43 B-90.5 Guidelines for F illing of Recovery Drums Recovery drum The recovery drum must be a tight-head dr um, 55-, 20-, or 10-gall on capacity, of 16- gauge steel made to DOT 17E specifications. If a drum is reused, thoroughly inspect it for damage and identify it as a recovery drum by wrapping a strip of yellow tape around the upper one-third of the drum and re-labeling it. Never st ore used refrigerant drums in open sunlight or in hot areas with poor ventilation. Ade quate ventilation is mandatory for technician safety. Liquid overfilling Liquid used refrigerant will expand when exposed to high temperatures. Thermal expansion of the liquid in an ov erfilled drum could cause it to bulge or rupture. To prevent this, fill drums of used refrigerant so that the liquid level is below the top of the drum. The recommended dist ance between the liquid level and the top of the drum depends on the drum size, as indicated below: Drum size,

gallons Recommended distance, in. (cm) 55 20 10 6 (15) 3 (7.6) 2 (5.0) Filling temperature When hot used refrigerant is loaded into a drum and the drum is properly sealed, a vacuum will form above the liquid as it cools. In extreme cases, the drum may collapse. To avoid this, observe a maximum fi lling temperature of 13°C (55°F). Sealing After filling the drum, verify that the bung is properly installed and tightened to prevent leaks during subsequent shippi ng and handling. Weigh filled recovery drums prior to shipping. B-90.6 Precautions for Recovery Drums Use personal protective equipmen t such as side shield gla sses, gloves, safety shoes, and hardhat when filling and handling containers. Be aware that inhalation of high concentration s of used refrigerant vapor or mist can be harmful and may cause heart irregularities, unc onsciousness, or deat h. Since vapor is heavier than air, avoid low areas without su itable ventilation or refrigerant-specific monitors. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page93 of 110Refrigerant Compliance Plan Safeway Inc.

44 

# Refrigerant Overview C-10.1 Background A refrigerant is a fluid (liquid or gas), that transfers heat away from one point to another. In a typical vapor compression system, the refrigerant changes phase. That is, it changes from a liquid to a gas when it absorbs heat and changes backto a liquid when it gives up heat. Most chemical s have the ability to change fr om a liquid to a gas, but only a few chemicals do so in a manner that makes them good refrigerants. Most refrigerants used to day for vapor compression air conditioning are called halocarbons. A halocarbon is a hydrocar bon molecule contai ning one or more halogens. The halogen elements most commonlyused in refrigerants are chlorine (Cl) and fluorine (F). Refrigeran ts used in centrifugal chi llers are halocarbons based on methane and ethane molecules. C-10.2 Refrigerant Nomenclature Most refrigerants in common use are single chemicals. Single component refrigerants have an “R-” de signation of two or three numbers, which reflect its chemical composition.

x The first digit (of a refrigerant with three numbers) is one unit lower than the number of carbon atoms in the molecule . If the molecule contains only one carbon atom, the firs t digit is omitted.

x The second digit is one unit greater t han the number of hydrogen atoms in the molecule.

x The third digit is equal to the number of fluorine atoms in the molecule. For example: HFC-134a - 1,1,1,2-tetrafluoroethane (CH 2 FCF 3 )

Some refrigerants, however, are comprised of two or more chemicals. R-500 and R502 are two examples. R-502 is compos ed of 48.8% (by weight) of HCFC-22 and 51.2% of CFC-115. When form ulated in those proportions these chemicals take on the characteristics of a single refrigerant. Comb inations of chemicals that act as a single 

## HFC-134a One less than the number of carbon atoms (i.e., there are 1+1=2 carbon atoms) One more than the number of hydrogen atoms (i.e., there are 3-1=2 hydrogen atoms) Number of fluorine atoms (i.e., there are 4 fluorine atoms) The “a” indicates an isomer (i.e., a different arrangement of the same atoms) of HFC-134 Case3:13-cv-04086-JST Document11 Filed11/07/13 Page94 of 110Refrigerant Compliance Plan Safeway Inc.

45 refrigerant are called azeotropes. Azeotropes are designated by a three digit number beginning with the number “5”, such as R-502. Combinations of chemicals that maintain some of their original characteristics are called zeotropes. For example, unlike single re frigerants and azeotropes, which boil at a single temperature, zeotropes boil over a range of temperatures determined by the boiling points of their individ ual components. A zeotrope is also sometimes referred to as a blend. Zeotropes ar e designated by a three digit number beginning with the number “4”. The designation ends with a lett er to differentiate between compositions of the same chemicals such as in R-401A. The below chart details the refrigerant, chemical name, CAS number and UN# wherever applicable: Refrigerant Chemical Name CAS number UN # 11 trichlorofluoromethane (CCl 3 F) 75-69-4 N/A 12 dichlorodifluoromethane (CCl 2 F 2 ) 75-71-8 UN1028 13 chlorotrifluoromethane (CClF 3 ) 75-72-9 UN1022 22 chlorodifluoromethane (CHClF 2 ) 75-45-6 UN1018 23 trifluoromethane (CHF 3 ) 75-46-7 UN1984 113 1,1,2-trichloro-1,2,2-trifluoroethane (CCl 2 FCClF 2 ) 76-13-1 N/A 114 1,2-dichloro-1,1,2,2-tetrafluoroethane (CClF 2 CClF 2 ) 76-14-2 UN1958 123 2,2-dichloro-1,1,1-trifluoroethane (CHCl 2 CF 3 ) 306-83-2 N/A 134a 1,1,1,2-tetrafluoroethane (CH 2 FCF 3 ) 811-97-2 UN1956 401A (53/13/34) chlrodifluoromethane/1,1-difluoroethane/2- chloro-1,1,1,2-tetrafluoroethane N/A UN1956 401B (61/11/28) chlorodifluoro methane/1,1-difluoroethane/2- chloro-1,1,1,2-tetrafluoroethane N/A UN1956 402A (60/2/38) pentafluoroethane/propane/chlorodifluoromethane N/A UN1956 402B (38/2/60) pentafluoroethane/propane/chlorodifluoromethane N/A UN1956 404A (44/52/4) pentafluoroethane/1,1,1- trifluoroethane/1,1,1,2-tetrafluoroethane N/A UN1956 406A (55/4/41) chlorodifluoromethane/2-methyl propane (isobutene)/1-chloro-1,1-difluoroethane N/A UN1956 407C (23/25/52) difluoromethane (methlyene fluoride)/pentafluoroethane/1,1,1,2-tetrafluoroethane N/A UN1956 408A (7/46/47) pentafluoroethane/1,1,1- trifluoroethane/chlorodifluoromethane N/A UN1956 409A (60/25/15) chlorodifluoromethane/2-chloro 1,1,1,2- tetrafluoroethane/1-chloro-1,1-difluoroethane N/A UN1956 410A (50/50) difluoromethane (methylene fluoride)/pentafluoroethane N/A UN1956 500 (73.8/26.2) dichlorodifluoromethane/1,1-difluoroethane N/A UN2602 502 (48.8/51.2) chlorodifluoromethane/chloropentafluoroethane N/A UN1973 503 (40.1/59.9) trifluoromethane/chlorotrifluoromethane N/A UN2599 507 (50/50) pentafluoroethane/1,1, 1-trifluoroethane N/A UN1956 Case3:13-cv-04086-JST Document11 Filed11/07/13 Page95 of 110Refrigerant Compliance Plan Safeway Inc.

46 C-10.3 Physical and Environmenta l Properties of Refrigerants Even small changes in the makeup of these refr igerants can make a large difference in their physical and environmental properti es. The following table shows some thermophysical and environmental properties of some common refrigerants.

Refrigerant Boiling Point (oF) Specific Heat @

86oF (Btu/lb. oF) ODP GWP Atmospheric life (years) R-11 74.7 0.21 1.000 4600 45 R-12 -21.6 0.24 .82 10600 100 R-22 -41.4 0.31 0.034 1900 11.8 R-123 82.0 0.21 0.012 120 1.4 R-134a -15.0 0.36 0 1600 13.6 R-404A -51.9 0.37 0 4540 (13.6-53.5) R-410A -60.9 0.41 0 2340 (5.6-32.6) R-502 -49.5 0.30 0.2 21 6200 (11.8-1700) R-507 -52.8 0.35 0 4600 (32.6-53.5) C-10.4 Health and Safety Considerations Many chemicals, including refrigerants, c an be harmful if used improperly. Three important categories of health and safety concerns are to xicity, flammability, and O 2 displacement (asphyxiation hazard). An international group of refrigerant manufac turers, through the Program for Alternative Fluorocarbon Toxicity (PAFT) testing, have conducted extensive toxicology tests on some HCFC and HFC refrigerants. With these results, manufacturers have recommended concentrations that humans can tolerate for a given time without harmful effects, called Allowable Exposure Limits (A ELs). These values are given in parts per million (PPM), indicating the maximum am ount of refrigerant that can be safely tolerated. Other toxicity indicators in clude Threshold Limit Values (TLVs) and Permissible Exposure Levels (PEL) values. Refrigerant manufactu rers indicate the AEL, TLV, and PEL of a refr igerant on the Materials Safe ty Data Sheet (MSDS). ASHRAE Standard 34, Number Designation and Safety Classification of Refrigerants , classifies toxicity into two groups: Class A: Refrigerants with low toxicity, wi th a weighted TLV over time higher than 400 PPM. That is, only concentrat ions over 400 PPM, over sustained periods of time are of concern. Class B: Refrigerants with hi gher toxicity with a weight ed TLV over time lower than 400 PPM. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page96 of 110Refrigerant Compliance Plan Safeway Inc.

47 Flammability, the ability of a chemical to support combusti on, is also measured in a laboratory. Refrigerants are generally cl assified as being non- flammable, of low flammability, or high flammability. ASHRAE Standard 34 assigns each refrigerant into one of three flammability groups. There are various scientific definitions for these groups , but generally they can be categorized as: Group 1: No flammability Group 2: Low flammability Group 3: High flammability By combining toxicity and flammability criter ia, a matrix is obtain ed which classifies a refrigerant into class A1, A2, A3, B1, B2, or B3.

3 R-600a (isobutane) R-290 (propane) R-1140 (vinyl chloride)

2 HFC-32 HFC-143a HFC-152a R-717 (ammonia) 1 CFC-11 CFC-12 HCFC-22 HFC-125 HFC-134a HCFC-123

A B ASHRAE 34 Matrix with Some Refrigerant Examples ASHRAE Standard 15, 1994, Safety Code for Mechanical Refrigeration treats the subject of how refrigerants that have been classified in ASHRAE Standard 34 may be used. It points out the need fo r refrigerant vapor sensors and self-contained breathing apparatus in certain situations because all fluorocarbon refrigerants are heavier than air and can cause asphyxiation. 

# CFCs and Ozone Depletion The theory linking chlorofluorocarbons (CFCs) to stratospheric ozone depletion and environmental concerns was firs t proposed in the 1970s. Scientific studies provided an understanding of the chemical processes and physical mechanisms. Mathematical models predicted the effects of ozone-depleting substances (ODS) released into the atmosphere and transported by air currents to the stratosphere. The models predicted that continued use of these s ubstances would lead to substa ntial ozone depletion in the next 50 to 100 years. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page97 of 110Refrigerant Compliance Plan Safeway Inc.

48 The stratospheric ozone layer protects the earth’s surface from exce ssive quantities of harmful ultraviolet (UV-B) radiation. After evaluating scientific evid ence, an international consensus resolved that certain identifi ed volatile man-made, chemical substances containing chlorine and bromine are causing the depletion of the thin, fragile ozone layer. The conclusion was to reduce these releases and restrict their use. ODS chemicals are widely used in many pr ocesses and products. Previously, ODS were used as refrigerants in buildings, h ousehold appliances, and automobiles; as foam blowing agents for insulation; as degreasers for metals and as propellants in containers. Currently, existing equipment , which utilizes CFCs, can continue to be used. New refrigerant equipment, howeve r, is designed to use CFC alternative refrigerants, which minimize or eliminate their ODP. There are several exemptions to the cont inued use of CFCs. The largest “essential use” exemption authorized unde r the Montreal Protocol incl udes medical devices such as metered-dose inhalers used in the treatmentof asthma. List of common substances regulated by the Montreal Protocol. Common Substances Covered by the Montreal Protocol and Amendments CLASS I - CFCs CFC-11* CFC-12* CFC-13 CFC-111 CFC-112 CFC-113 CFC-114 CFC-115*

Halons Halon-1211 Halon-1301 Halon-1202 CLASS II - HCFCs HCFC-22* HCFC-123* HCFC-124* HCFC-141 HCFC-142

Others Carbon Tetrachloride

Methyl Chloroform

Methyl Bromide

*NOTE: These chemicals are used extensively, either alone or in a blend, for air-conditioning and refrigeration applications. 

# Environmental Concerns The environmental concerns a ssociated with refrigerants fall into two categories: stratospheric ozone depletion and global warming or clim ate change. CFC and HCFC refrigerants contain chlorine which, when rel eased into the stra tosphere – an upper layer of the atmosphere, depletes the ozone layer. As stratospheric ozone deple tion occurs, the quantity of UV -B radiation reaching the earth’s surface increases. Th e ozone levels in the stratosphere also vary naturally due Case3:13-cv-04086-JST Document11 Filed11/07/13 Page98 of 110Refrigerant Compliance Plan Safeway Inc.

49 to climate, latitude, and ai rborne particles but ozone d epleting chemical emissions would reduce the mean levels. This radiation increase results in potential health and environmental risks including increased incidents of certai n skin cancers and eye cataracts, suppression of the body’s immune system, damage to plants and food crops, and reduced aquatic life growth. Radiation also causes an increased weat hering of man-made plastic and rubber products. Scientific research on ozone depletion is advanc ed enough that Congress and EPA have required Safeway to take action. EPA has concluded that the emission of certain man-made “greenhouse” gases (many refrigerants are greenhouse gases) contributes to global warming by collecting and holding in the earth’s heat that would normally ra diate out into space, causing the temperature in the atmosphere to rise and othe r effects on climate. Climate ch ange could cause a number of effects including damage to crops, or even the mel ting of polar ice caps. Scientists agree that we must consider not only the refrigerants’ direct impact on global warming, but also the indirect impacts, such as the impacts of using a refrigerant that results ina chiller that is less energy efficient. Such an occurrence causes highe r emissions of carbon diox ide, which is also a greenhouse gas and in this way al so affects global warming. 

# U.S. Federal Rules and Regulations D-10.1 Objective To detail the U.S. Federal regulatory require ments which affect Safeway’s operations in the performance of service work , maintenance, repair, or dispos al of air-conditioning or refrigeration equipment. It is the responsibility of each site to obtain and comply with state and local regulations. D-10.2 Summary of 40 CF R Part 82 Requirements ;Requires service practices that maximi ze recycling of ozon e-depleting compounds (both chlorofluorocarbons [CFCs] and hydr ochlorofluorocarbons [HCFCs] and their alternatives) during the serv icing and disposal of air-conditioning and refrigeration equipment. ;Prohibits the knowing release of refrig erants or non-exempt substitutes during maintenance, service, repair, or disposal of appliances. ;Sets certification requirements fo r recovery and re cycling equipment. ;Restricts the sale of refrigerant so that it is only sold to certified technicians and appliance manufacturers. ;Requires persons servicin g or disposing of air-co nditioning and refrigeration equipment to certify to the EPA on OMB Form #2060-0256 that they have acquired recycling or recovery equipm ent and are complying with the requirements of the rule. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page99 of 110Refrigerant Compliance Plan Safeway Inc.

50 ;Requires the repair of substantial le aks in air-condition ing and refrigeration equipment with a charge of greater than 50 pounds. ;Establishes safe disposal requirements to ensure removal of refrigerants from goods that may enter the waste stream with the charge intact (e.g., motor vehicle air conditioners, home refrigerators, and room air conditioners). ; Sets certification for technicians and reclaimers. 

# Enforcement Authority

D-20.1 External Enforcement of Violations Any violation of the Clean Ai r Act may result in civil or criminal action against the individual and the comp any. Any conviction or penalties assessed for a violation of any state or local provision will be the responsi bility of the named individual and his or her site. Federal environmental laws provide various enforcement options that the EPA and state agencies can take against alleged violators. The specific provisions for ci vil and criminal penalties vary according to th e statute. Fines can range up to $37,500 per day per violation and prison terms can extend from one to 5 years for a violation. If a company is found to ha ve violated the law in a civil action, it may suffer adverse publicity in addition to subst antial financial penalties. In criminal cases, in addition to the potential for financial penalties to be imposed on a company in violation of the law, individual ma nagers and officers of the company may face prosecution and imprisonment. Senior managers of the company, even if they are not directly involved in the alleged violations , could be subject to pr osecution. This may occur if such manager s consciously screened themselves from a matter that they had the power to prevent or correct. In addition, the Comprehens ive Environmental Response, Compensation and Liability Act (CERCLA) imposes “no fa ult” liability on site ow ners, operators, generators responsible for the release, threatened release or any fail ure to notify the National Response Center of a release of a list ed hazardous substances in more than a reportable quantity. Some O DCs and their alternatives ma y be listed by CERCLA. D-20.2 Types of Enforcement Actions This plan is based on enforcement activiti es generally taken by the EPA. States generally have similar enforcement techni ques. There are four basic types of enforcement actions, differing in severi ty and in the amount of agency resources required. In order of increasing seve rity, these actions are the following: Informal Administrative Actions Case3:13-cv-04086-JST Document11 Filed11/07/13 Page100 of 110Refrigerant Compliance Plan Safeway Inc.

51 Informal administrative actions are advis ory in nature, such as a notices of noncompliance or warning letters from t he agency. In such an action, the EPA will provide notice of the alleged vi olation to the site, define re quired corrective measures and set a deadline for compliance . If the site fails to co mply, the EPA may institute more severe actions. Formal Administrative Actions Formal administrative actions take the form of legal orders. Theyrequire the alleged violator to take corrective action within a specified period and to refrain from certain behavior, and order future compliance. Fines also may be imposed through an administrative action. The EPA uses administrative action s extensively in environmental programs that provide aut hority for them. Th e EPA handles such administrative actions through its internal administrative litigation system. This system is similar to any court system, with the e xception that the EPA’s administrative law judges (ALJs) preside over it . You may appeal an ALJ’s ru ling to the EPA administrator and the administrator’s final decision to federal court. Civil Actions Civil actions frequently take the form of laws uits initiated by the U.S. Department of Justice (DOJ) at the EPA’s re quest. The EPA normally uses ci vil judicial actions against the more serious violators or to enforce corrective actions of imminent hazards. These suits generally result in mo netary penalties and court orders requiring corrective or remedial actions or specific acti ons to prevent future violations. Criminal Prosecution Criminal actions are initiat ed by DOJ at the request of the EPA against an alleged violator, and seek criminal sa nctions including fines and imprisonment. The EPA uses criminal actions to respond to flagrant, in tentional disregard of applicable law. In addition, the CAA gives the EPA authority topursue criminal actions in response to deliberate falsification of documents or records and knowing and willful violations

. D-20.3 Enforcement Authority Under the Clean Air Act The EPA, and states where app licable, generally receives its enforcement authority from the particular statute bein g enforced. The Clean Air Act is the federal regulation of the greatest concern to managers in charge of refrigerant compliance. The Clean Air Act authorizes a nationwide program to reduce air pollution through air quality planning, regulation, en forcement, and research. The act consists of a series of interrelated programs designed to protect heal th and the public welfare from emissions polluting the ambient air. Subchapter VI of the CAA “Stratospheric Ozone Protection” contains the provisions regarding refrigerants that are Class I and II ozone depleting substances. Administrative Penalties The CAA gives the EPA the Au thority to issue administrative orders assessing civil administrative penalties of up to $37,500 per day of violat ion whenever EPA finds that a Case3:13-cv-04086-JST Document11 Filed11/07/13 Page101 of 110Refrigerant Compliance Plan Safeway Inc.

52 company has violated or is violating air regulations, in cluding Stratospheric ozone protection requirements. Civil Actions Under the CAA, the EPA may initiate civil actions in court to obt ain injunctive relief requiring the violator to achieve compliance and to recover penaltie s in amounts up to $37,500 per day per violation.

Criminal Actions The EPA may bring criminal actions for knowing violations , which may result in a substantial fines and imprisonment. Knowingly making false statem ents or representations in records or reports required under the CAA, or knowingly failing to notif y or report might be punishable by fine and imprisonment up to two years. Under the CAA, federal agencies cannot c ontract to procure goods, materials and services with a person convicted of a criminal offense if that cont ract will be performed at the facility at which the violation that gave rise to the conviction occurred, and the convicted person owns, leases or supervises th e facility. If the court convicts the site owner for criminal violation of a provision, or any other fe deral air standard or order, listing of the firm is mandatory and autom atic. The EPA mightalso extend the prohibition to other facilities owned or operated by the conv icted person. Removal from the list requires certification by the EPA that the violator has corrected the conditions giving rise to the listing. 

# Significant New Alternatives Program D-30.1 Background Under authority of Section 612 of the Clean Air Act (CAA), regulations promulgated on March 18, 1994, effective Ap ril 18, 1994, the EPA has est ablished a program in which they will evaluate applications for use of substitute chem icals and technology to replace ozone depleters in s pecific uses. D-30.2 EPA’s Significant New Alte rnatives Program (SNAP) Rule ;SNAP requires the manufacturer or import er of a proposed substitute for an ozonedepleting chemical to prov ide the EPA notification 90 days before introducing the substitute into interstate commerce. Duri ng the 90-day period, the EPA will evaluate company studies and other information and de cide whether the substitute is either acceptable or unacceptable fo r a specific use, based on whether the substance may have adverse effects on human health or the environment. Some of the criteria the EPA will consider in the risk screening include flammability , chemical toxicity, global warming potential and exposure of workers, consumers, the general population and aquatic life. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page102 of 110Refrigerant Compliance Plan Safeway Inc.

53 ;If the EPA places a substance on the unaccept able list, it becomes unlawful to use it as a substitute fo r an ozone depleter. Obtain a current SNAP list and keep the list updated by contacting the EPA Hot line at 800-296-1996 or print direct ly from the EPA web site http://www.epa.gov/ozone/title6/snap

. 

# Glossary Acute effects Detrimental health effects resulting from a si ngle, short-term exposure to a toxic substance, as might occur during an accidental release of refrigerants. Alkylbenzene A lubricant synthesized fr om the raw materials propylene and benzene. Used often when incorporating HCFC-based refrigerant blends. Some HCFC -based blends are soluble in a mixture of mineral oil and al kylbenzene up to a 20 percent concentration of mineral oil. Allowable exposure limit (AEL) Acceptable concentration levels in air, which are deemed safe for repeated occupationa l exposure without chronic effects. The chemical produc er normally recommends this level. Appliance Any device whic h contains and uses a class I or class II substance as a refrigerant and which is used for household or commercial purposes, incl uding any air conditioner, refrigerator, chiller, or freezer. Approved equipment testing organization Any organization which has ap plied for and received EPA approval Azeotrope A mixture of two or more li quids which, when mixed in precise proportions, behave like a compound when phase changing from liquid to gas (evapo rating) and gas to liquid (condensing). These blends do not change volumetric composition or saturation temp erature as they evaporate or condense at constant pressure s. The boiling point of the mixture will be either above or below the boiling point of the individual liquids. Certified refrigerant recycling or recovery equipment Equipment certified by an approved equipment-testing organization to meet EPA standards. Currently ARI for stationary equipment and UL for automotive equipment Chlorofluorocarbon A chemical compound consisting of one or more carbon Case3:13-cv-04086-JST Document11 Filed11/07/13 Page103 of 110Refrigerant Compliance Plan Safeway Inc.

54 (CFC) atoms surrounded by chlorine and fluorine atoms. CFCs are used as refrigerants, foam-blowing agents, aerosol propellants, cleaning agents, and in other applications. Comfort cooling Commercial refrigeration Cooling equipment with 50 or more pounds of refrigerant used for comfort or space co oling, usually through an air handler. Refrigeration equipment with 50 or more pounds of refrigerant utilized in the re tail food and cold storage warehouse sectors. Containment The application of servic e techniques or special equipment designed to preclude or reduce loss of refrigerant from equipment during installation , operation, service and/or disposal of refrigeration and air conditioning equipment. Containment equipment Equipmentspecifically designed to assist in precluding or reducing refrigerant losses du ring installation, operation, servicing or disposal of refrigerant equipment. Recovery/recycling equipment , low loss fitt ings, PRVS, refrigerant leak ala rms and ultra-high ef ficiency purge units are all examples of containment equipment. Disposable container A contai ner (cylinder or drum) used to ship new refrigerant, which is not approved by the DO T for reuse after its initial contents are used. Disposal Any process leading to and including the discharge, deposit, dumping, or placing of any discarded appliance or component parts into or on any land or water. Ester oil Any of a class of organi c compounds corresponding to the inorganic salts formed from an acid by the replacement of hydrogen by an alkyl radical. Fluorescent dyes These are dyes, which can be put into th e lubricant. When there are leaks present, these dyes stain the outside of the chiller showing the locati on of high rate leaks. Fractionation The condition when one or more refrigerants of a blend leak at a faster rate than other refrigerants in the blend. Global warming Tro pospheric pollutants, like CFCs, HCFCs, HFCs, carbon dioxide, and carbon monoxide, absorb and reflect the earth’s infrared radiation, causing re -radiation back to the earth which results in a gradual in crease in the earth’s average Case3:13-cv-04086-JST Document11 Filed11/07/13 Page104 of 110Refrigerant Compliance Plan Safeway Inc.

55 temperature. Halide torch Propane powered torc h whose flame changes color when small amounts of refrigerant pass through it. It can be used to detect leaks of chlorine containing refrigerant. Halocarbons Stable chemical compoun ds consisting of one or more carbon atoms surrounded by hal ogen atoms or a combination of hydrogen and halogen atoms. CFCs, HCFCs, HFCs are all halocarbons. Halogens Reactive chemical elemen ts with the ability to form one chemical bond in a molecule. Common halogens are fluorine (F), Chlorine (Cl), Brom ine (Br), and Iodine (I). Halon A bromochlorofluorocarbon (B CFC), a chemical consisting of one or more carbon atoms surrounded by fluorine, chlorine and bromine. Halons are commonly used as flame suppression. High-pressure appliance An app liance, which uses a refrig erant with a boiling point between -50 C and 10 C at atmospheric pressure. Hydrocarbon A chemical compound co nsisting of one or more carbon atoms surrounded only by hydrogen atoms. Methane, ethane, butane and propane are all examples of hydrocarbon. Many hydroc arbons have excellent thermodynamic properties. Al though they may be used as refrigerants, their highly fl ammable properties normally restrict their use as low concentration components in refrigerant blends. Hydrochlorofluorocarbon (HCFC) A chemical consisting of usual ly one or more carbon atoms surrounded by chlorine, fluorine, and at least one hydrogen atom. HCFCs are used as refrigerants, foam-blowing agents, and in other applications. Hydrofluoro-carbon (HFC) A chemical consisting of usual ly one or more carbon atoms surrounded by fluorine and hydrogen atoms. Since no chlorine or bromine is present, HFCs do not deplete the ozone layer. Industrial process refrigeration Complex, customized appliances directly linked to production of a product or part of the pr ocess involved in making the product. Commonly found in the in the chemical, pharmaceutical, petrochemical, and manufacturing industries. (Computer rooms are not cons idered industrial process Case3:13-cv-04086-JST Document11 Filed11/07/13 Page105 of 110Refrigerant Compliance Plan Safeway Inc.

56 refrigeration Leak A leak is an event where refrigerant gas is released from the refrigerant-containing appliance in tentionally, accidentally, or from equipment or piping failur es. Each separate leak is considered a unique event and is not additive to other leaks in other locations on the refr igerant containing appliance or systems for purposes of calculating leak rates. Long-term chronic effects Detrimental health effects from long term repeated exposures to low level toxic materials, generally assessed over the lifetime of test animals to gauge the late-in-life signs of toxicity. Low-pressure appliance An appliance that uses a refrigerant with a boiling point above 10 C at atmospheric pressure. Lubricant compatibility For CF Cs and HCFCs: mineral oils For HFC-134a: polyolesters For HCFC ternary blends: alkylbenzenes Materials Safety Data Sheet (MSDS) A safety advisory bulle tin prepared by chem ical producers for a specific refrigerant or compound. Montreal Protocol An international agreement limiting t he production and consumption of chemicals that deplete the ozone layer, including CFCs, HCFCs, BC FCs, HBFCs and others. Near-azeotropic A blend, which acts verysimilarly to an azeotrope, yet has a small volumetric composition change and temperature glide as it evaporates and condenses. Non-condensable gases Gases with very low te mperature boiling points, which are not easily condensed. Nitrogen and oxygen are the most common ones found in chillers. Oil monitor This device uses an infrar ed sensor to determine when the circulating oil needs to be changed. It is not necessary to take an oil sample using this device, which is permanently attached to the chiller. Ozone depletion A condition which result s when chlorine molecules broken away from CFC and HCFC refrigerants by ultraviolet radiation in the stratosphere react wi th and destroy stratospheric ozone, a layer in the atmosphere which protects the earth Case3:13-cv-04086-JST Document11 Filed11/07/13 Page106 of 110Refrigerant Compliance Plan Safeway Inc.

57 from the sun’s harmful ultraviolet radiation. Ozone depletion potential (ODP) A measure of a chemical’s abi lity to deplete ozone measured on a scale relative to a valu e of 1.0 assigned to CFC-11. Ozone layer An area of the atmosp here, approximately 15 to 60 kilometers (9 to 38 miles) a bove the earth, where ozone is found as a trace gas (at higher concentrations than other parts of the atmosphere). Ozone (O 3 ) A reactive gas consisting of three oxygen atoms, formed naturally in the atmosphere by the association of molecular oxygen (O 2 ) and atomic oxygen (O). PAFT Program for Alternative Fluorocarbon Toxicity. Permissible exposure level (PEL) Time-weighted concentration levels that must not be exceeded during any eight- hour workweek. The U.S. Occupational Safety and Health Administration (OSHA) set PEL values. Polyolesters (POE) Stable, five-carbon neope ntyl alcohols mixed with fatty acids. A popular synthetic lubricant for use with HFC refrigerants. Used as a jet engine lubricant for years. Purge system A device used on low-pressu re chillers to expel air and other non-condensables from the circulating refrigerant. Refillable container A container used to ship and store refrigerant. Refillable containers are designed to be used over and over again, but should be retested at least every five years. Refrigerant monitors Devices, which can detect small amount of refrigerant in the air. Relief valve This is a device, which vents refrigerant when the pressure in a chiller becomes dangerously hi gh. Newer relief valves have a resealing mechanism so t hat when the pressure of the chiller returns to a normal le vel they reseal and prevent further refrigerant loss. Replacement The conversion of an air conditioning or refr igeration system to an alternative refrigerant, which requires the removal of the existing chiller and installation of a completely new chiller. Retrofit The conversion of an air co nditioning or refrigeration system to an alternative refrigerant. Unlike a replacement, only parts of components of the existing system may need to be Case3:13-cv-04086-JST Document11 Filed11/07/13 Page107 of 110Refrigerant Compliance Plan Safeway Inc.

58 replaced. Simple retrofit A conversion to an al ternative refrigerant, which only requires the change out of a few incompatib le parts, typically gaskets. Simple retrofits typically resultin some decrease in either efficiency, capacity or both. System-dependent recovery equipment Refrigerant recovery equipment that requires the assistance of components contained in an appliance to remove the refrigerant from an appliance. System optimization or engineered retrofit A conversion to an alternative refrigerant, wh ich includes the replacement of system co mponents with ne w components that have been redesigned specif ically for the alternative refrigerant. System optimized or engineered retrofits typically include redesigned impellers, dr ive gears or heat exchangers. Technician Any person who performs maintenance, service, or repair who could reasonably be expected to release class I or class II substances from appliances in to the atmosphere, including but not limited to installers, contractor employees, in-house service personnel, and in some cases owners. Temperature glide Range of condensing or evaporating temperatures for one pressure. Ternary Having three element s, parts, or divisions. Threshold limit value (TLV) An inhalation time weighted average exposure level safety limit normally established by the American Conference of Governmental and Industrial Hygienists (ACGIH). Venting A service practice where t he refrigerant vapor is allowed to escape into the atmosphere af ter the refrigerant liquid has been recovered. This practice is no longer acceptable. Very-high Pressure Appliance An appliance that uses a refrig erant with a boiling point below -50 C at atmospheric pressure. Zeotrope A refrigerant blend that ch anges volumetric composition and saturation temperatures as it evaporates or condenses at constant pressures. Has a temp erature glide as it evaporates and condenses. Zeotrope and non-azeotrope are synonyms. Case3:13-cv-04086-JST Document11 Filed11/07/13 Page108 of 110Refrigerant Compliance Plan Safeway Inc.

59 

# References UNITED STATES CODES • Title 42, The Public Health and Welfare Chapter 85 - Air Pollut ion Prevention and Control Subchapter VI - Stratospheric Ozone Protection, Para. #7671 • Title 26, Internal Revenue Code Chapter 38 - Environmental Taxes Subchapter D - Ozone-depleti ng Chemicals, et c., Para. #4682 FEDERAL AGENCY REGULATIONS • 49 Code Federal Regu lation, Parts 100-177 • Title 29, Labor Subtitle B Regulations Relating to Labor Chapter XVII - Occupational Safety and Health Administration Part 1910/1926 - Occupational Sa fety and Administration Standards Subpart Z - Toxic and Hazardous Substances • Title 40, Protection of Environment Chapter 1 - Environm ental Protection Agency Part 82 - Protection of Stratospheric Ozone Subchapter I - Solid Waste Part 260 - Hazardous Waste Management System: General Part 261 - Identification an d Listing of Hazardous Waste Part 262 - Standards Applicable to Generators of Hazardous Waste Part 266 - Standards for the Managem ent of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities • Title 49, Transportation Chapter 1 - Research and Special Program Administration Subchapter C - Hazardous Materials Regulations Parts 171-180 (Regulations for Shippers, Carriers, and Packagers) NATIONAL STANDARDS OR GUIDEL INES (Use Current Edition) • American Society of Heating, Air Co nditioning, and Refrigerating Engineers (ASHRAE) Case3:13-cv-04086-JST Document11 Filed11/07/13 Page109 of 110Refrigerant Compliance Plan Safeway Inc.

60 3-90 Reducing Emissions of Fully Halogen ated Chlorofluorocarbon Refrigerants in Refrigeration and Air Conditioni ng Equipment and Applications 15 Safety Code for Mechanical Refrigeration 34 Number Designation and Safety Classification of Refrigerants • Air Conditioning & Refrigeration Institute (ARI) Standards 700 Specifications for Fluorocarbon Refrigerants 740 Performance of Refrigerant Recovery, Recycling and/or Reclaim Equipment K Guideline K Containers for Re covered Fluorocarbon Refrigerants N Guideline N Assignment of Refrigerant Container Colors -- Directory of Certified Refr igerant Recovery/Recycling Equipment • General Electric (GE) -- Proposed Method for Testing Re covery Devices fo r Use with Small Equipment WEB SITES Environmental Protection Agency Title VI (EPA) www.epa.gov/ozone/title6 Department of Transportation (DOT) www.dot.gov American Society of Heatin g, Air Conditioning, and Refrigerating Engineers (ASHRAE) www.ashrae.org Air Conditioning Heating & Refriger ation Institute (ARI) www.ahri.org National Fire Protection Asso ciation (NFPA) www.nfpa.org Environmental Support Solu tions (ESS) www.environ.com Case3:13-cv-04086-JST Document11 Filed11/07/13 Page110 of 110