California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 4 - Regulations to Achieve Greenhouse Gas Emission Reductions › Subarticle 4 - Small Containers of Automotive Refrigerant › Section 95361 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						definitions in section
						1900(b), Title 13
						of the California Code of Regulations apply with the following additions:
"Appliance" means any device that contains and uses a
						  high-GWP refrigerant, including any air conditioner, refrigerator, chiller,
						  freezer, or refrigeration system.
"Automotive Refrigerant" means any substance used, sold
						  for use, or designed or intended for use as a heat transfer fluid and provides
						  a cooling effect in a Motor Vehicle Air Conditioner (MVAC) that is not either a
						  Class I or a Class II refrigerant as defined in
						  42 U.S.C. sections
						  7671(a) or (b), or that is
						  listed in Title 40, Code of Federal Regulations part 82, subpart A, appendix A,
						  as it existed as of July 1, 2006.
"Breached" or "Breached Container" means any small
						  container that has been structurally compromised so that the container's
						  contents have been released to the environment through an opening other than
						  the self-sealing valve.
"Can Heel" means the quantity of automotive refrigerant
						  remaining in a small container of automotive refrigerant after that small
						  container of automotive refrigerant has been used to charge an MVAC system or
						  systems with refrigerant.
"Certified Reclaimed Refrigerant" means used
						  (recovered) refrigerant that has been reclaimed by a U.S. EPA-certified
						  refrigerant reclaimer from a previously operational appliance and meets all of
						  the following conditions:
(1) Meets all
						specifications in Title 40, Code of Federal Regulations Part 82, Subpart F,
						Appendix A (Specifications for Refrigerants) (July 1, 2022), which is
						incorporated by reference herein; and
(2) Contains zero percent (0%) new (virgin)
						refrigerant by weight to meet the specifications in Title 40, Code of Federal
						Regulations Part 82, Subpart F, Appendix A (Specifications for Refrigerants)
						(July 1, 2022).
"Consumer" means the first person who in good faith
						  purchases a small container of automotive refrigerant for purposes other than
						  resale, including, but not limited to, MVAC maintenance and repair activities
						  or other applications involving this product. A person who purchases a small
						  container of automotive refrigerant for purposes of servicing or repairing
						  another person's MVAC for consideration (e.g., a MVAC technician) is considered
						  a 'consumer' for purposes of this subarticle. Manufacturers, distributors, and
						  retailers are not consumers.
"Dispose" means to discard a small container of
						  automotive refrigerant in any manner, except as permitted in section
						  95365 of this subarticle.
"Distributor" means any person to whom a small
						  container of automotive refrigerant is sold or supplied for the purposes of
						  resale or distribution in commerce, including imports to and exports from the
						  United States. Manufacturers, retailers, and consumers are not
						  distributors.
"Executive Officer" means the Executive Officer of the
						  California Air Resources Board (CARB).
"Foam" means a product with a cellular structure formed
						  via a foaming process in a variety of materials that undergo hardening via a
						  chemical reaction or phase transition.
"Global Warming Potential" (GWP) means the radiative
						  forcing impact of one mass-based unit of a given greenhouse gas relative to an
						  equivalent unit of carbon dioxide over a given period of time.
"Global Warming Potential Value" or "GWP Value" means,
						  for the purposes of this subarticle, the 100-yr GWP value first published by
						  the IPCC in its Second Assessment Report (SAR) (IPCC, 1995); or if a 100-yr GWP
						  value was not specified in the IPCC SAR, it means the GWP value published by
						  the IPCC in its Fourth Assessment Report (AR4) (IPCC, 2007); or if a 100-yr GWP
						  value was not specified in the IPCC AR4, then the GWP value will be determined
						  by the Executive Officer based on data, studies and/or good engineering or
						  scientific judgment. Both the 1995 IPCC SAR values and the 2007 IPCC AR4 values
						  are published in table 2.14 of the 2007 IPCC AR4. The SAR GWP values are found
						  in column "SAR (100-yr)" of Table 2.14.; the AR4 GWP values are found in column
						  "100 yr" of Table 2.14."
"Label" means any written, printed, or graphic matter
						  affixed to, applied to, attached to, embossed on, or appearing upon any small
						  container for purposes of branding, identifying, or giving information with
						  respect to the product or to the contents of the package.
"Manufacturer" means any person who imports,
						  manufactures, assembles, packages, repackages, recovers, recycles, or reclaims
						  a small container of automotive refrigerant, or who re-labels such a container
						  of refrigerant.
"Motor Vehicle Air Conditioner" (MVAC) is a system
						  installed in a motor vehicle that uses a refrigerant to cool the driver's or
						  passenger's compartment.
"Non-Profit Organization" is a business that has been
						  granted tax-exempt status by the Internal Revenue Service (IRS).
"Person" has the same meaning as defined in Health and
						  Safety Code section 39047.
"Reclaim" means to process refrigerant to a level
						  equivalent to new product specifications in accordance with the AHRI Standard
						  700 (2019 Standard for Specifications for Refrigerants", Air-Conditioning,
						  Heating, and Refrigeration Institute, Arlington, VA, 2019), which is
						  incorporated by reference herein.
"Recover" means to remove refrigerant, in any
						  condition, from either a MVAC system or previously operational appliance and to
						  store it in an external container without necessarily testing or processing it
						  in any way.
"Recovery and reclamation" means any action or
						  activities in which a person or entity physically extracts refrigerants and
						  foams stored in appliances or equipment, and subsequently processes such
						  refrigerants and foams so that they conform to standards under Title 40, Code
						  of Federal Regulations Part 82, § 82.164, adopted on July 30, 1992, as
						  last amended on November 18, 2016, which is incorporated by reference
						  herein.
"Recycle" means to clean refrigerant for reuse by oil
						  separation and by single or multiple passes through moisture-absorption
						  devices, such as replaceable core filter-driers that reduce moisture, acidity,
						  and particulate matter.
"Recovery facility" means a facility that recovers
						  automotive refrigerant that is subject to the provisions of this
						  subarticle.
"Refrigerant reclaimer" means a person who takes
						  recovered refrigerant and reclaims it for reuse.
"Retailer" means any person who owns, leases, operates
						  or controls, or supervises a retail outlet in California. Manufacturers,
						  distributors, and consumers are not retailers.
"Retail Outlet" means any establishment at which a
						  small container of automotive refrigerant is sold, supplied, or offered for
						  sale in California.
"Self-Sealing Valve" means a valve affixed to small
						  container of automotive refrigerant that automatically seals to prevent or
						  minimized inadvertent release of refrigerant when not actively engaged for the
						  purpose of dispensing refrigerant, and meets or exceeds established performance
						  criteria as identified in section
						  95362(b).
"SKU" (Stock Keeping Unit) means a unique code
						  identifier for each distinct product or service that can be ordered from a
						  supplier. The SKU system enables the merchant to systematically track their
						  inventory, such as in warehouses and retail outlets.
"Small Container" or "Small Container of Automotive
						  Refrigerant" means automotive refrigerant packaged in a container holding more
						  than 2 ounces and less than 2 pounds of automotive refrigerant by
						  weight.
"Unclaimed deposits" means deposits collected from a
						  consumer by a retailer in conjunction with the sale of a small container of
						  automotive refrigerant that are not returned to the consumer.
"Use" means any utilization of a compound or any
						  substance, including, but not limited to, utilization in a product, consumption
						  by the end-user, or in intermediate applications, such as formulation or
						  packaging for other subsequent applications.