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 5.1 - Management of High Global Warming Potential Refrigerants for Stationary Sources › Section 95397 - Approval of Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Exemption Criteria.
The owner or operator of facility with a
						refrigeration system may request the Executive Officer for an exemption from
						the requirements of section
						95386 and section
						95387. To request an exemption,
						the applicant must follow the application procedure specified in subsection
						95397(b), and
						must demonstrate that the criteria for one or more of the three exemptions
						allowed by this section have been satisfied. Information submitted pursuant to
						this section shall be handled in accordance with the provision of section
						95394. The Executive Officer may
						approve the following exemptions:
(1)
Emissions Lifecycle Exemption
. The Executive Officer may allow
						the continuation of a refrigerant leak for a specified time period of no longer
						than three years if the Executive Officer determines that the applicant has
						provided clear and convincing documentation that the refrigerant leak cannot be
						repaired and that allowing the refrigerant leak to continue will result in less
						combined direct and indirect emissions than replacing the leaking refrigeration
						system. The documentation must include information quantifying the lifecycle
						direct emissions and indirect emissions, including energy use, and must include
						a calculation of these emissions based on the average lifetime of the
						refrigeration system or facility. The applicant must also provide a mitigation
						plan that includes a list of proposed actions to minimize emissions. The plan
						must include an analysis of options to minimize usage, reduce leaks or venting,
						and recycle or destroy high-GWP refrigerant.
(2)
Economic Hardship
						Exemption
. The Executive Officer may allow the continuation of a
						refrigerant leak for a specified time period of no longer than three years if
						the Executive Officer determines that the applicant has provided clear and
						convincing documentation that all of the following criteria are met:
(A) Compliance would result in extraordinary
						economic hardship, such as closure of the entire facility or a large portion of
						the facility, or loss of a large portion of the revenue from the facility;
						and
(B) The applicant has prepared
						a compliance report that can be implemented and will achieve compliance as
						expeditiously as possible. The compliance report must reasonably detail when
						compliance will be achieved and the method by which compliance will be
						achieved.
(3)
Natural Disaster Exemption.
The Executive Officer may allow
						the continuation of a refrigerant leak for a specified time period of no longer
						than three years if the Executive Officer determines that the applicant has
						provided clear and convincing documentation that failure to satisfy the
						conditions set forth in this subarticle was due to a natural disaster such as
						an earthquake or flood, an act of war or an act by a public enemy, or a civil
						disorder or riot.
(4) Any exemption
						granted pursuant to subsection
						95397(a)(1), (a)(2), or
						(a)(3) may be extended for one or more
						additional periods of up to three years if the Executive Officer determines
						that the demonstration made pursuant to 95397(a)(1), (a)(2), or (a)(3) remains
						valid.