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 95382 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
						purposes of this subarticle, the following definitions shall apply:
(1) "Additional refrigerant charge" means the
						quantity, in pounds, of refrigerant added to a refrigeration system or
						appliance in order to bring the system to a full charge. "Additional
						refrigerant charge" does not include an initial refrigerant charge.
(2) "Air-conditioning" means any stationary,
						non-residential appliance, including a computer-room air conditioner, that
						provides cooling to a space to an intended temperature of not less than
						68°F for the purpose of cooling objects or occupants.
(3) "Air district" means an air quality
						management district or air pollution control district created or continued in
						existence under Health and Safety Code sections
						40000-
						41357.
(4) "Air Pollution Control Officer" or "APCO"
						means the appointed head of a local air quality management district or air
						pollution control district whose appointment and duties are set forth in Health
						and Safety Code sections
						40750-
						40753.
(5) "Appliance" means any device which
						contains and uses a high-GWP refrigerant, including any air conditioner,
						refrigerator, chiller, freezer, or refrigeration system.
(6) "Automatic leak detection system" means a
						calibrated device using continuous monitoring for detecting leakage of
						refrigerants that on detection, alerts the operator, and may be either:
(A) A direct system that automatically
						detects the presence in air of refrigerant leaked from a refrigeration system;
						or
(B) An indirect system that
						automatically interprets measurements (e.g. temperature or pressure) within a
						refrigeration system that indicate a refrigerant leak (e.g., in refrigerated
						cases and other locations in the system) and alerts the operator to the
						presence of a refrigerant leak.
(7) "Certified reclaimer" means a person who
						is a certified reclaimer in accordance with Title 40 of the Code of Federal
						Regulations, Part 82, §
													82.164.
(8) "Certified refrigerant recovery or
						recycling equipment" means any refrigerant recovery or recycling equipment that
						meets the standards specified in Title 40 of the Code of Federal Regulations,
						Part 82, §
													82.152 (as amended April 13,
						2005).
(9) "Certified technician"
						means a person who holds a current, valid, and applicable certificate pursuant
						to Title 40 of the Code of Federal Regulations, Part 82, §
													82.40 or §
													82.161.
(10) "Change of ownership" means a transfer
						of the title of a facility subject to this subarticle.
(11) "Chlorofluorocarbon" or "CFC" means a
						class of compounds primarily used as refrigerants, consisting of only chlorine,
						fluorine, and carbon.
(12)
						"Commercial refrigeration" means a refrigeration appliance utilized in the
						retail food and cold storage warehouse sectors. "Retail food" includes the
						refrigeration equipment found in supermarkets, convenience stores, restaurants
						and other food service establishments. "Cold storage" includes the equipment
						used to store meat, produce, dairy products, and other perishable
						goods.
(13) "Component" means a
						part of a refrigeration system or appliance (including condensing units,
						compressors, condensers, evaporators, receivers) and all of its connections and
						subassemblies, without which the refrigeration system or appliance will not
						properly function or will be subject to failures.
(14) "Computer-room air conditioner" means a
						central air conditioner specifically designed for use in data processing areas,
						maintaining an ambient temperature of approximately 72°F and a relative
						humidity of approximately 52 percent.
(15) "Continuous monitoring" means measuring
						the ambient concentration of refrigerant using electronic or mechanical sensors
						or interpreting measurements (e.g. temperature or pressure) within a
						refrigeration system that indicate a refrigerant leak in real time.
(16) "Detected refrigerant leak" means a
						refrigerant leak that is known to the owner or operator, or should reasonably
						have been known to the owner or operator.
(17) "Direct emissions" means high-GWP
						refrigerant emissions from a facility that are emitted by refrigeration systems
						under the operational control of a facility owner or operator. Direct emissions
						are calculated as the total weight in pounds of each type of high-GWP
						refrigerant that was charged into a refrigeration system minus the total weight
						in pounds of each type of high-GWP refrigerant that was recovered from a
						refrigeration system, as reported in the annual Facility Stationary
						Refrigeration report pursuant to section
						95388.
(18) "Enclosed building or structure" means a
						building or structure with a roof and walls that prevent wind from entering the
						facility.
(19) "Equipment type"
						means commercial refrigeration, industrial process refrigeration, or other
						refrigeration.
(20) "Executive
						Officer" means the Executive Officer of the California Air Resources Board, or
						his or her delegate.
(21)
						"Facility" means any property, plant, building, structure, stationary source,
						stationary equipment or grouping of stationary equipment or stationary sources
						located on one or more contiguous or adjacent properties, in actual physical
						contact or separated solely by a public roadway or other public right-of way,
						and under common operational control, that includes one or more refrigeration
						systems or appliance subject to this subarticle. Operators of military
						installations may classify such installations as more than a single facility
						based on distinct and independent functional groupings within contiguous
						military properties.
(22) "Facility
						identification number" means a unique identification number provided by the
						Executive Officer for each facility with one or more refrigeration systems in
						operation, pursuant to section
						95383.
(23) "Follow-up verification test" means
						those tests that involve checking the repairs within 30 days of the
						refrigeration system's returning to normal operating characteristics and
						conditions. "Follow-up verification tests" for a refrigeration system from
						which the refrigerant charge has been evacuated means a test conducted after
						the refrigeration system or portion of the refrigeration system has resumed
						operation at normal operating characteristics and conditions of temperature and
						pressure, except in cases where sound professional judgment dictates that these
						tests will be more meaningful if performed prior to the return to normal
						operating characteristics and conditions. "Follow-up verification test" for a
						refrigeration system from which the refrigerant charge has not been evacuated
						means a reverification test conducted after the initial verification test and
						usually within 30 days of returning to normal operating characteristics and
						conditions. Where a refrigeration system is not evacuated, it is only necessary
						to complete any required changes to return the refrigeration system to normal
						operating characteristics and conditions.
(24) "Full charge", "optimal charge", or
						"critical charge" means the amount of refrigerant required in the refrigerant
						circuit for normal operating characteristics and conditions of a refrigeration
						system or appliance, as determined by using one of the following three methods:
(A) Use of the equipment manufacturer's
						specifications of the full charge;
(B) Use of calculations based on component
						sizes, density of refrigerant, volume of piping, seasonal variances, and other
						relevant considerations; or
(C) The
						midpoint of an established range for full charge based on the best available
						data regarding the normal operating characteristics and conditions for the
						system.
(25) "Global
						warming potential" or "GWP" means the radiative forcing impact of one
						mass-based unit of a given greenhouse gas relative to an equivalent unit of
						carbon dioxide over a given period of time.
(26) "Global warming potential value" or "GWP
						value" means the 100-yr GWP value first published by the Intergovernmental
						Panel on Climate Change (IPCC) in its Second Assessment Report (SAR) (IPCC,
						1995); or if a 100-yr GWP value was not specified in the IPCC SAR, it means the
						GWP value published by the IPCC in its Fourth Assessment A-3 Report (AR4)
						(IPCC, 2007); or if a 100-yr GWP value was not specified in the IPCC AR4, then
						the GWP value will be determined by the Executive Officer based on data,
						studies and/or good engineering or scientific judgment. Both the 1995 IPCC SAR
						values and the 2007 IPCC AR4 values are published in table 2.14 of the 2007
						IPCC AR4, which table is incorporated by reference herein. The SAR GWP values
						are found in column "SAR (100-yr)" of Table 2.14.; the AR4 GWP values are found
						in column "100 yr" of Table 2.14."
(27) "High-GWP refrigerant" means a compound
						used as a heat transfer fluid or gas that is:
(A) a chlorofluorocarbon, a
						hydrochlorofluorocarbon, a hydrofluorocarbon, a perfluorocarbon, or any
						compound or blend of compounds, with a GWP value equal to or greater than 150,
						or
(B) any ozone depleting substance
						as defined in Title 40 of the Code of Federal Regulations, Part 82, §
														82.3 (as amended March 10,
						2009).
(28)
						"Hydrochlorofluorocarbon" or "HCFC" means a class of compounds primarily used
						as refrigerants, consisting of only hydrogen, chlorine, fluorine, and
						carbon.
(29) "Hydrofluorocarbon" or
						"HFC" means a class of compounds primarily used as refrigerants, consisting of
						only hydrogen, fluorine, and carbon.
(30) "Indirect emissions" means any emissions
						that are a consequence of the activities of a facility but occur at sources
						owned or controlled by another person related to energy consumed for
						electricity, heat, steam, and cooling.
(31) "Industrial process refrigeration" means
						complex customized appliances used in the chemical, pharmaceutical,
						petrochemical and manufacturing industries that are directly linked to the
						industrial process. "Industrial process refrigeration" includes industrial ice
						machines, appliances used directly in the generation of electricity, and ice
						rinks. Where one appliance is used for both industrial process refrigeration
						and other applications, it will be considered industrial process refrigeration
						equipment if 50 percent or more of its operating capacity is used for
						industrial process refrigeration.
(32) "Industrial process shutdown" means that
						an industrial process or facility temporarily ceases to operate or manufacture
						whatever is being produced at that facility.
(33) "Initial refrigerant charge" means the
						quantity, in pounds, of high-GWP refrigerant added to a refrigeration system or
						appliance in order to bring the system to a full charge upon initial
						installation of a refrigeration system or appliance.
(34) "Initial verification test" means a leak
						test that is conducted as soon as practicable after the repair is completed.
						"Initial verification test" with regard to leak repairs that require the
						evacuation of the refrigeration system or portion of the refrigeration system,
						means a test conducted prior to the replacement of the full charge and before
						the refrigeration system or portion of the refrigeration system has reached
						operation at normal operating characteristics and conditions of temperature and
						pressure. "Initial verification test" with regard to repairs conducted without
						the evacuation of the full charge means a test conducted as soon as practicable
						after the conclusion of the repair work.
(35) "Intended to be operated year round"
						means a refrigeration system at a facility that is not a seasonal
						facility.
(36) "Leak inspection"
						means an inspection of a refrigeration system to detect a leak of a high-GWP
						refrigerant.
(37) "Low temperature
						refrigeration system" means a commercial or industrial process refrigeration
						system used for frozen products.
(38) "Medium temperature refrigeration
						system" means a commercial or industrial process refrigeration system used for
						chilled products.
(39) "Newly
						constructed" means a facility that is not yet operational, or that has been
						operational for less than 6 months.
(40) "Non-certified technician" means a
						person who installs, maintains, services, repairs, modifies, or disposes of
						refrigeration or air-conditioning appliances that does not hold a current,
						valid, and applicable certificate pursuant to Title 40 of the Code of Federal
						Regulations, Part 82, §
													82.161.
(41) "Non-refillable cylinder" means a
						cylinder with a refrigerant capacity of two pounds or greater that is designed
						not to be refilled and is used in the servicing, maintenance or filling of a
						refrigeration system, appliance, motor vehicle air-conditioning system, or heat
						pump equipment.
(42) "Normal
						operating characteristics and conditions" means a refrigeration system
						operating temperatures, pressures, fluid flows, speeds, and other
						characteristics, including full charge of the refrigeration system that would
						be expected for a given process load and ambient condition during operation.
						Normal operating characteristics and conditions are marked by the absence of
						atypical conditions affecting the operation of the refrigeration
						system.
(43) "Operating" means the
						use of a refrigeration system for cooling or freezing. A refrigeration system
						is considered to be operating or in operation for the entirety of any calendar
						month where it is used for cooling or freezing in any manner for more than a
						total of 24 hours.
(44) "Operator"
						means the entity having operational control of a facility.
(45) "Other refrigeration" means any
						stationary, non-residential appliance that is used for an application other
						than industrial process refrigeration, commercial refrigeration, or
						air-conditioning, or is used for two or more applications including industrial
						process refrigeration, commercial refrigeration, or air-conditioning.
(46) "Owner" means the entity having title of
						the facility which is subject to this subarticle.
(47) "Perfluorocarbon" or "PFC" means a class
						of compounds consisting only of carbon and fluorine.
(48) "Person" means any person, firm,
						association, organization, partnership, business trust, corporation, limited
						liability company, company, federal, state, or local governmental agency or
						public district.
(49) "Reclaim"
						means to reprocess refrigerant to all of the specifications specified in Title
						40, Code of Federal Regulations, Part 82, §
													82.152 (as amended April 13,
						2005).
(50) "Recover" means to
						remove refrigerant in any condition from an appliance and to store it in an
						external container without necessarily testing or processing it in any
						way.
(51) "Recycle" means to
						extract refrigerant from an appliance and clean refrigerant for reuse without
						meeting all of the requirements for reclamation. In general, recycled
						refrigerant is refrigerant that is cleaned using oil separation and single or
						multiple passes through devices, such as replaceable core filter-driers, which
						reduce moisture, acidity, and particulate matter.
(52) "Refillable cylinder" means a cylinder
						with a refrigerant capacity of two pounds or greater that is designed to be
						refilled and is used in the servicing, maintenance or filling of a
						refrigeration system, appliance, motor vehicle air-conditioning system, or heat
						pump equipment.
(53) "Refrigerant
						circuit" means the parts of a refrigeration system that are normally connected
						to each other (or are separated by isolation valves) and are designed to
						contain a high-GWP refrigerant. A single refrigerant circuit is defined by all
						piping and components that use refrigerant from a common reservoir of a
						high-GWP refrigerant.
(54)
						"Refrigerant distributor or wholesaler" means a person to whom a product is
						delivered or sold for purposes of export, subsequent resale, or delivery to a
						certified technician, employer of a certified technician, appliance
						manufacturer, or another refrigerant distributor or wholesaler. "Refrigerant
						distributor or wholesaler" includes any person who imports refrigerant from
						outside of this state to distribute or sell refrigerant to a certified
						technician, employer of a certified technician, appliance manufacturer, or
						another refrigerant distributor or wholesaler, or who acts as an agent or
						broker in buying refrigerant.
(55)
						"Refrigerant leak" means any discharge of refrigerant into the atmosphere from
						an appliance, certified refrigerant recovery or recycling equipment,
						refrigerant cylinder, or other container.
(56) "Refrigerant leak detection device"
						means a device that can be calibrated to accurately detect and measure the
						ambient concentration of refrigerant at a minimum concentration level of 10
						parts per million of vapor of a specific refrigerant or selection of
						refrigerants.
(57) "Refrigeration
						system" means stationary, non-residential equipment that is an industrial
						process refrigeration, commercial refrigeration, or other refrigeration
						appliance with a single refrigerant circuit that requires more than 50 pounds
						of any combination of high-GWP refrigerant to maintain normal operating
						characteristics and conditions. "Refrigeration system" does not include an
						air-conditioning appliance. A single refrigeration system is defined by a
						single refrigerant circuit.
(58)
						"Residential" means a residential dwelling containing four or fewer dwelling
						units on one lot or parcel.
(59)
						"Retire" means the permanent removal from service of a refrigeration system, or
						component, rendering it unfit for use by the current or any future owner or
						operator.
(60) "Retrofit" means the
						replacement of the refrigerant used in a refrigeration system with a
						refrigerant approved under the Significant New Alternatives Policy (SNAP)
						program pursuant to Title 40 of the Code of Federal Regulations, Part 82,
						§
													82.170, or a refrigerant approved
						by the Executive Officer, and related refrigeration system changes required to
						maintain the refrigeration system operation and reliability following
						refrigerant replacement.
(61)
						"Seasonal adjustment" means the need to add refrigerant to a refrigeration
						system due to a change in ambient conditions caused by a change in season,
						followed by the subsequent removal of refrigerant in the corresponding change
						in season, where both the addition and removal of refrigerant occurs within one
						consecutive 12-month period after the initial installation of a refrigeration
						system or a repair of a refrigeration system requiring evacuation or partial
						evacuation of the refrigerant circuit.
(62) "Seasonal facility" means a facility
						where the purpose of the refrigeration system(s) at a facility ceases to be
						required during certain seasons of the year.
(63) "Stationary" means meeting at least one
						of the following conditions:
(A) Is installed
						in a building, structure, or facility.
(B) Is attached to a foundation, or if not so
						attached, will reside at the same location for more than 12 consecutive
						months.
(C) Is located at the same
						single location on a permanent basis (at least two consecutive years) and that
						operates at that single location at least three months each
						year.
(64) "System
						identification number" means a unique identification number for each
						refrigeration system at a facility. The system identification number is
						comprised of the facility identification number followed by a hyphen, followed
						by a three digit number starting at 001 sequentially assigned to each unique
						refrigeration system at a facility. For example, if a facility has a facility
						identification number of ARB000001, then the system identification number for
						the first refrigeration system would be ARB000001-001.
(65) "System mothballing" means the
						intentional shutting down of a refrigeration system for a period of time
						greater than 60 days by the owners or operators of that facility, where the
						refrigerant has been evacuated from the refrigeration system or the affected
						component of the refrigeration system, at least to atmospheric
						pressure.
(66) "Tactical support
						equipment" means equipment that meets military specifications, owned by the
						U.S. Department of Defense, the U.S. military services, or its allies, and used
						in combat, combat support, combat service support, tactical or relief
						operations, or training for such operations.
(67) "Temperature classification" means low
						temperature refrigeration system, medium temperature refrigeration system, or
						other.
(68) "Topping off" means
						adding refrigerant to a refrigeration system or appliance in order to bring the
						system to a full charge.
(69) Total
						Evaporator Cooling Load" means the total cooling in British thermal units
						(Btus) per hour required to maintain a facility's refrigeration systems at the
						temperature for which they are designed. The total cooling for the evaporator
						cooling load does not include the cooling load of a facility's heating,
						ventilation, and air-conditioning systems, sub-cooling, heat of rejection, or
						pump heat.
(70) "U.S. EPA" means
						the United States Environmental Protection Agency.