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 - Prohibitions on Use of Certain Hydrofluorocarbons in Stationary Refrigeration, Chillers, Aerosols-Propellants, and Foam End-Uses › Section 95373 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
						purposes of this subarticle, the following definitions shall apply:
"Aerosol"
means a product with a
						  pressurized spray system that dispenses product ingredients by means of a
						  propellant contained in a product or a product's container, or by means of a
						  mechanically induced force.
"Air-conditioning (AC) Equipment"
or
"Air-conditioning System"
means equipment that cools, heats or
						  dehumidifies spaces in residential or non-residential settings for comfort
						  cooling and other purposes, including, but not limited to, room air
						  conditioning such as window units, packaged terminal air conditioners (PTACs),
						  packaged terminal heat pumps (PTHPs), residential dehumidifiers, and portable
						  air conditioners; ducted central air conditioners and heat pumps; non-ducted
						  air conditioners and heat pumps (both mini- and multi-splits); packaged rooftop
						  units; water-source and ground-source heat pumps; and other dehumidifiers.
						  "Air-conditioning equipment" also includes computer room and data center
						  cooling and remote condensing units for comfort cooling applications. Chillers
						  are defined separately from "air-conditioning equipment." "Air-conditioning
						  equipment" refers to stationary air-conditioning equipment and does not include
						  mobile air-conditioning equipment, including that used in vehicles, rail and
						  trains, buses, aircraft, watercraft, recreational vehicles, recreational
						  trailers, and campers.
"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.
"Air Pollution Control Officer"
or
"APCO"
means the appointed head of a local air quality
						  management district or air pollution control district (Air District) whose
						  appointment and duties are set forth in Health and Safety Code sections
						  40750-
						  40753.
"Applicant"
means any person who
						  sells, leases, rents, installs, uses, or otherwise enters into commerce, in the
						  State of California, any substance in end-uses listed in Table 1, section
						  95374(a); Table
						  2, section
						  95374(b); Table
						  3, section
						  95374(c); or
						  Table 4, section
						  95374(d) of this
						  subarticle who applies for a variance under section
						  95378 of this subarticle. Trade
						  groups are not applicants.
"Baseline Greenhouse Gas Potential"
or
"Baseline GHGp"
means the greenhouse gas potential (GHGp) of a
						  company's retail food facilities at the end of calendar year 2019. The baseline
						  GHGp will be revised when any of the following occur:
(1) Retail food facilities that are sold or
						transferred will be removed from the baseline GHGp.
(2) Acquired retail food facilities will be
						added to the baseline GHGp using their 2019 GHGp levels, and the current GHGp
						of acquired stores will be used to calculate the current GHGp.
"Bear Spray"
means an aerosol that has
						  active ingredients of capsaicin and related capsaicinoids and is used to deter
						  aggressive or charging bears.
"Blowing Agent"
or
"Foam
						  Blowing Agent"
or
"Foam Expansion Agent"
or
"Foaming Agent"
means a substance that functions as a source
						  of gas to generate bubbles or cells in the mixture during the formation of
						  foam.
"Capital Cost"
means an expense
						  incurred in the production of goods or in rendering services, including, but
						  not limited to, the cost of engineering, purchase, and installation of
						  components or systems, and instrumentation, and contractor and construction
						  fees.
"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 40 C.F.R.
						Part 82 , Subpart F, Appendix A (Specifications for Refrigerants) (January 1,
						2017), which is incorporated herein by reference;
(2) Must have results of the analysis
						conducted to verify that reclaimed refrigerant meets the necessary
						specifications as required in (1) above; and
(3) Contains no greater than fifteen percent
						(15%) new (virgin) refrigerant by weight to meet the specifications in 40
						C.F.R., Part 82 , Subpart F, Appendix A (Specifications for Refrigerants)
						(January 1, 2017). The certified reclaimer must have documentation that
						supports it has not exceeded the maximum allowable virgin refrigerant content.
"Change in Ownership"
means a transfer
						  of the title of a facility subject to this subarticle.
"Charge"
or
"Refrigerant
						  Charge"
means the amount of refrigerant by mass contained in a
						  refrigeration system. Charge is generally measured by grams, ounces, pounds, or
						  kilograms.
"Charge Reduction"
means to reduce the
						  refrigerant full charge amount through a mechanical system change in the
						  refrigeration circuit and not simply through a nominal full charge
						  change.
"Chiller"
means a water or heat
						  transfer fluid chilling equipment package custom built in place, or a
						  factory-made and prefabricated assembly of one (1) or more compressors,
						  condensers and evaporators, with interconnections and accessories including
						  controls, designed for the purpose of cooling or heating water or a heat
						  transfer fluid. A "chiller" is a machine specifically designed to make use of a
						  vapor compression refrigeration cycle or absorption refrigeration cycle to
						  transfer heat from a cold water or heat transfer fluid circulating system to
						  the air, a heat transfer fluid, or another heat exchange media. "Chillers" can
						  be water-cooled, air-cooled, or evaporatively cooled, and include, but are not
						  limited to, rotary chillers, centrifugal chillers, and positive displacement
						  chillers, including reciprocating, scroll, and screw chillers. "Chillers"
						  include those used for comfort cooling, space and area cooling, or industrial
						  process cooling. A chiller used for refrigeration in a retail food facility is
						  considered an indirect type of "supermarket system."
"Class I Substance"
means any
						  ozone-depleting compound defined in the Clean Air Act, as amended,
						  42 U.S.C. section
						  7671(3) (effective November
						  15, 1990).
"Class II Substance"
means any
						  ozone-depleting compound defined in the Clean Air Act, as amended,
						  42 U.S.C. section
						  7671(4) (effective November
						  15, 1990).
"Cold Storage"
means a refrigerated
						  facility or warehouse used for the storage of temperature-controlled
						  substances.
"Commercial Ice Machine"
means a
						  non-residential ice machine and/or ice maker used in a commercial establishment
						  to produce ice artificially for consumer use, including, but not limited to, a
						  hotel, restaurant, or convenience store.
"Company"
means all businesses,
						  affiliates, brands, or subsidiaries or franchises, owned or operated by the
						  same parent company.
"Component"
means a part of a
						  refrigeration system, including, but not limited to, condensing units,
						  compressors, condensers, evaporators, and receivers; and all of its connections
						  and subassemblies, without which the refrigeration system will not properly
						  function or will be subject to failures.
"Cumulative Replacement"
means the
						  addition of or change in multiple components within a three-year
						  period.
"Date of Manufacture"
means:
(1) For foam imported into the state, the
						date that the foam was initially manufactured;
(2) For foam systems imported into the state,
						the date that the polyurethane blend and isocyanate were packaged or
						labeled;
(3) For chillers and
						air-conditioning and refrigeration equipment, the date that the manufacturer
						affixed an equipment label indicating the equipment's date of manufacture;
						or
(4) For refrigeration and
						air-conditioning equipment built-up and completed on site, the date that the
						refrigerant circuit was completed and initially filled with refrigerant.
"End-use"
means processes or classes
						  of specific applications within industry sectors, such as those listed in
						  Tables 1 through 4 of section
						  95374 of this subarticle.
"Executive Officer"
means the
						  Executive Officer of the California Air Resources Board or his or her
						  delegate.
"Executive Order"
means an order
						  issued by the Executive Officer of CARB that authorizes a variance from the
						  requirements of sections
						  95374 and
						  95375, and specifies the variance
						  duration with enforceable conditions and requirements necessary to support the
						  variance.
"Flexible Polyurethane"
means a
						  non-rigid polyurethane foam including, but not limited to, that used in
						  furniture, bedding, chair cushions, and shoe soles.
"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.
"Foam System"
means a multipart liquid
						  material that expands when mixed to form a solid or flexible substance in which
						  thin films of material separate pockets of gas.
"Force Majeure Event"
means a sudden
						  and unforeseeable event involving a clear danger, demanding action to prevent
						  or mitigate the loss of, or damage to, life, health, property, or essential
						  public services, arising from causes beyond the control of the Applicant, which
						  delays or prevents the performance of any obligation under this subarticle,
						  despite the Applicant's best efforts to fulfill the obligation. This includes
						  events where the local government, State of California, or federal government
						  issues a declaration of emergency, such as war, wildfires, floods, hurricanes,
						  tornadoes, earthquakes, volcanic eruptions, and pandemics. This does not
						  include negligent acts or the Applicant's financial inability to perform that
						  is unrelated to an event as defined in this section.
"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 or a
						  combination of the following four methods:
(1) Use of the equipment manufacturer's
						specifications of the full charge;
(2) Use of appropriate calculations based on
						component sizes, density of refrigerant, volume of piping, seasonal variances,
						and other relevant considerations;
(3) Use of actual measurements of the amount
						of refrigerant added to or evacuated from the appliance, including for seasonal
						variances; or
(4) 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.
"Global Warming Potential," "GWP," "Global
						  Warming Potential Value,"
or
"GWP Value"
means the
						  100-year GWP value first published by the Intergovernmental Panel on Climate
						  Change (IPCC) in its Fourth Assessment Working Group 1 Report (AR4) (IPCC,
						  2007); and if not contained in AR4, then the GWP Value means the 100-year GWP
						  value published by the IPCC in its Fifth Assessment Working Group 1 Report
						  (AR5) (IPCC 2013).
"Greenhouse Gas"
or
"GHG"
means carbon dioxide (CO2),
						  methane (CH4), nitrous oxide
						  (N2O), nitrogen trifluoride (NF3)
						  sulfur hexafluoride (SF6), hydrofluorocarbons (HFCs),
						  perfluorocarbons (PFCs), and other fluorinated gases.
"Greenhouse Gas Potential"
or
"GHGp"
means:
GHGp = [SIGMA] (Charge x GWP)
Where:
[SIGMA] is the sum of the products of charge multiplied
						  by the GWP for each separate type of refrigerant.
"Heat Transfer Fluid"
means any gas or
						  liquid used for the purpose of transmitting heat from one place to
						  another.
"Household Refrigerators and Freezers"
means appliances used to keep food and beverages cool, and includes
						  refrigerators, refrigerator-freezers, freezers, and miscellaneous household
						  refrigeration appliances intended for residential use.
"Household Refrigerators and Freezers -
						  Built-in"
means any household refrigerator or freezer that meets all
						  of the following:
(1) Has a total
						refrigerated volume of 7.75 cubic feet (220 liters) or more and a depth of 24
						inches or less, not including doors, handles, and custom front
						panels;
(2) Has sides that are not
						finished and not designed to be visible after installation;
(3) Is designed, intended, and marketed
						exclusively to be installed totally encased by cabinetry or panels that are
						attached during installation, and securely fastened to adjacent cabinetry,
						walls, or floor; and
(4) Is
						equipped with an integral factory-finished face or will accept a custom front
						panel.
"Household Refrigerators and Freezers -
						  Compact"
means any household refrigerator or freezer with a total
						  refrigerated volume of less than 7.75 cubic feet (220 liters).
"Hydrofluorocarbon"
or
"HFC"
means a class of GHGs that are organic compounds
						  containing hydrogen, fluorine, and carbon; primarily used as refrigerants, foam
						  blowing agents, aerosols-propellants, solvents, and fire suppressants.
"Ice Rink"
means a frozen body of
						  water and/or hardened chemicals, including, but not limited to, professional
						  ice skating rinks and those used by the general public for recreational
						  purposes.
"Impossibility"
means the Applicant
						  exercised best efforts but still was unable to comply with the regulatory
						  requirements of this subarticle for reasons beyond his or her control despite
						  exercising foresight to prevent the noncompliance.
"Industrial Process Refrigeration"
means to cool process streams at a specific location in manufacturing and other
						  forms of industrial processes and applications. These are complex, customized
						  systems that are directly linked to the industrial process. Where one appliance
						  is used for both industrial process refrigeration and other applications, it
						  will be considered an industrial process refrigeration system if 50 percent or
						  more of its operating capacity is used for industrial process refrigeration.
						  Industrial process refrigeration or cooling using a chiller is regulated as a
						  chiller. Industrial process refrigeration not using a chiller is regulated as
						  industrial process refrigeration equipment.
"Integral Skin Polyurethane"
means a
						  self-skinning polyurethane foam, including, but not limited to, that used in
						  car steering wheels and dashboards.
"Low Temperature Refrigeration System"
means a commercial or industrial process refrigeration system that maintains
						  food, beverages, or other items at temperatures at or below 32 degrees
						  Fahrenheit (0 degrees Celsius).
"Medium Temperature Refrigeration
						  System"
means a commercial or industrial process refrigeration system
						  that maintains food, beverages, or other items at temperatures above 32 degrees
						  Fahrenheit (0 degrees Celsius).
"Metered Dose Inhaler"
or
"Medical Dose Inhaler"
or
"MDI"
means a
						  device that delivers a measured amount of medication as a mist that a patient
						  can inhale and consists of a pressurized canister of medication in a case with
						  a mouthpiece.
"Motor-bearing"
means refrigeration
						  equipment containing motorized parts. This includes compressors, condensers,
						  and evaporators.
"National Supermarket Chain"
means a
						  retail food chain, brand name, or business operating more than 100 retail food
						  facilities in the United States.
"New Air-conditioning Equipment"
means
						  any air-conditioning equipment or system that is one of the following:
(1) First installed using new components,
						used components, or a combination of new and used components;
(2) An existing system with a single
						condenser and single evaporator that has a new exterior condenser, condensing
						unit, or remote condensing unit; or
(3) An existing system having more than one
						condenser and/or more than one evaporator that is modified such that the system
						has undergone cumulative replacements, within any three-year time period, of 75
						percent or more of its indoor evaporator units (by number) and 100 percent of
						its air source or water source condensing units.
"New Chiller" or "New Chiller
						  Equipment"
means any chiller equipment or chiller system end-use
						  sectors listed in Table 3, section
						  95374(c) that
						  is:
(1) First installed using new
						components, used components, or a combination of new and used components;
						or
(2) Modified such that:
(A) The capacity is increased through the
						addition of motor-bearing components, including evaporators, compressors, or
						condensers; or
(B) The system has
						undergone cumulative replacements, within any three-year time period, of
						motor-bearing components in full or exceeding 50 percent of the capital cost of
						replacing all of the motor-bearing components in the entire chiller
						system.
"New Facility"
means any of the
						  following:
(1) New
						construction;
(2) An existing
						facility not previously used for cold storage, retail food refrigeration,
						commercial refrigeration, industrial process refrigeration, or ice rinks;
						or
(3) An existing facility used
						for cold storage, retail food refrigeration, commercial refrigeration, or
						industrial process refrigeration that has undergone replacement of 75 percent
						or more of its evaporators (by number) and 100 percent of its compressor racks
						and condensers.
"New Refrigeration Equipment"
means
						  either of the following:
(1) Any
						refrigeration equipment listed in Table 1, section
						95374(a) or Table
						2, section
						95374(b) that is:
(A) First installed using new components,
						used components, or a combination of new and used components; or
(B) Modified such that:
1. The nominal compressor capacity is
						increased; or
2. The system has
						undergone cumulative replacements, within any three-year time period, of
						components in full or exceeding 50 percent of the capital cost of replacing the
						entire refrigeration system, excluding the cost of refrigerated display
						cases.
(2) Any
						refrigeration equipment in a new facility that is first installed using new
						components, used components, or a combination of new and used components,
						applicable to refrigeration end-use sectors listed in Table 3, section
						95374(c) or Table
						4, section
						95374(d), in the
						following:
(A) New construction;
(B) An existing facility not previously used
						for cold storage, retail food refrigeration, commercial refrigeration,
						industrial process refrigeration, or ice rinks; or
(C) An existing facility used for cold
						storage, retail food refrigeration, commercial refrigeration, or industrial
						process refrigeration that has undergone replacement of 75 percent or more of
						its evaporators (by number) and 100 percent of its compressor racks,
						condensers, and connected evaporator loads.
"Operate"
means to have operational
						  control of the facility.
"Operator"
means the person or entity
						  having operational control of the facility.
"Other Air-conditioning" or "Other
						  Air-conditioning Equipment"
means any residential or non-residential
						  air-conditioning equipment or air-conditioning system not otherwise defined as
						  "room air conditioner," "wall air conditioner," "window air conditioner,"
						  "packaged terminal air conditioner (PTAC)," "packaged terminal heat pump
						  (PTHP)," "portable air conditioner," "residential dehumidifier," or "variable
						  refrigerant flow (VRF) system."
"Other Refrigeration"
means any
						  stationary, non-residential refrigeration equipment that is used for an
						  application other than retail food refrigeration, cold storage, ice rinks,
						  industrial process refrigeration, or air-conditioning; or is used for two or
						  more applications including retail food refrigeration, cold storage, ice rinks,
						  industrial process refrigeration, commercial refrigeration, or
						  air-conditioning.
"
Own
" means to have legal title to a
						  facility that is subject to this subarticle.
"
Owner
" means the person having legal
						  title to a facility that is subject to this subarticle.
"Packaged Terminal Air Conditioner"
or
"PTAC"
means a wall sleeve and a separate unencased
						  combination of heating and cooling assemblies specified by the builder and
						  intended for mounting through a wall. It includes a prime source of
						  refrigeration, separable outdoor louvers, forced ventilation, and heating
						  availability by builder's choice of energy.
"Packaged Terminal Heat Pump"
or
"PTHP"
means a packaged terminal air conditioner that utilizes
						  reverse cycle refrigeration as its prime heat source and can have supplementary
						  heating availability by builder's choice of energy.
"Person"
means any individual, firm,
						  association, organization, manufacturer, distributor, partnership, business
						  trust, corporation, limited liability company, company, state, or local
						  governmental agency or public district.
"Phenolic Insulation Board and
						  Bunstock"
means phenolic insulation manufactured by a process in which
						  a plastic foam forms an insulating core between two flexible tissue faced
						  layers, or produced by mixing high solids and phenolic resin with a surface
						  acting agent, including, but not limited to, that used for roofing and walls
						  insulation. Bunstock or bun stock is a large solid box-like structure formed
						  during the production of polystyrene insulation.
"Polyolefin"
means foam sheets and
						  tubes made of a macromolecule formed by the polymerization of olefin monomer
						  units.
"Polystyrene Extruded Boardstock and Billet
						  (XPS)"
means a foam formed from polymers of styrene and produced on
						  extruding machines in the form of foam slabs that can be cut and shaped into
						  panels used for purposes including, but not limited to, roofing, walls,
						  flooring, and pipes.
"Polystyrene Extruded Sheet"
means
						  polystyrene foam including that used for packaging, including, but not limited
						  to, products made into food-service items, including hinged polystyrene
						  containers (for "takeout" from restaurants); food trays (meat and poultry),
						  plates, bowls, and retail egg containers.
"Polyurethane"
means a polymer formed
						  principally by the reaction of an isocyanate and a polyol. "Polyurethane"
						  includes polyisocyanurate ("polyiso").
"Portable Air Conditioner"
means a
						  portable encased assembly, other than a "packaged terminal air conditioner,"
						  "room air conditioner," or "dehumidifier," that delivers cooled, conditioned
						  air to an enclosed space, and is powered by single-phase electric current. It
						  includes a source of refrigeration and may include additional means for air
						  circulation and heating.
"Propellant"
means a liquefied or
						  compressed gas that is used in whole or in part, such as a cosolvent, to expel
						  a liquid or any other material from the same self-pressurized container or from
						  a separate container.
"Refrigerant"
or
"Refrigerant
						  Gas"
means any substance, including blends and mixtures, that is a
						  compound or gas used in vapor compression cycle refrigeration for heat transfer
						  purposes and provides a cooling or warming effect.
"Refrigerant Blend"
is a mixture or
						  combination of two or more single-component refrigerants.
"Refrigerated Food Processing and Dispensing
						  Equipment"
means equipment that dispenses and/or processes a variety
						  of food and beverage products by either combining ingredients, mixing or
						  preparing them at the proper temperature, or by function as a holding tank to
						  deliver the product at the desired temperature or to deliver chilled
						  ingredients for the processing, mixing and preparation. Some may use a
						  refrigerant in a heat pump, or utilize waste heat from the cooling system to
						  provide hot beverages. Some may also provide heating functions to melt or
						  dislodge ice or for sanitation purposes. This equipment can be self-contained
						  or connected by piping to a dedicated condensing unit located elsewhere.
						  Equipment within this end-use category include but are not limited to: chilled
						  and frozen beverages (carbonated and non-carbonated, alcoholic and
						  nonalcoholic); frozen custards, gelato, ice cream, Italian ice, sorbets and
						  yogurts; milkshakes, "slushies" and smoothies, and whipped cream.
"Refrigeration"
means the use of a
						  refrigerant gas to mechanically move heat from one region to another to create
						  a cooled region via a vapor compression cycle.
"
Refrigeration Equipment
" or
"Refrigeration System"
means any stationary device that is
						  designed to contain and use refrigerant gas, including any device listed in
						  section 95374(a), Table 1
						  under the general end-use "Refrigeration," section
						  95374(b), Table 2
						  under the general end-use "Household Refrigerators and Freezers," section
						  95374(c), Table 3
						  under the general end-use "Cold Storage Warehouses," "Industrial Process
						  Refrigeration," or "Ice Rinks," or section
						  95374(d), Table 4
						  under the general end-use "Retail Food Refrigeration." For a device with
						  multiple independent circuits, each circuit is considered a separate article of
						  equipment. Refrigeration equipment is used in retail food refrigeration, cold
						  storage, industrial process refrigeration and cooling (not using a chiller),
						  ice rinks, and other refrigeration applications.
"Refrigerant Registration and Reporting
						  System"
or
"R3 Database"
means the web-based tool for
						  registration, reporting, and fee payment by facilities using at least one
						  refrigeration system containing more than 50 pounds of refrigerant.
"Remote Condensing Units"
means
						  refrigeration equipment or units that have a central condensing portion and may
						  consist of one (and sometimes two) compressor(s), one condenser, and one
						  receiver assembled into a single unit, which is normally located external to
						  the sales area. The condensing portion (and often other parts of the system) is
						  located outside the space or area cooled by the evaporator. Remote condensing
						  units are commonly installed in convenience stores, specialty shops (e.g.,
						  bakeries, butcher shops), supermarkets, restaurants, and other locations where
						  food is stored, served, or sold.
"Residential Consumer Refrigeration
						  Products"
include "Household Refrigerators and Freezers," "Household
						  Refrigerators and Freezers - Compact," and "Household Refrigerators and
						  Freezers - Built-in." "Residential Consumer Refrigeration Products" do not
						  include refrigerators and freezers used in aircraft, watercraft, passenger
						  vehicles, recreational vehicles, recreational trailers, or campers.
						  "Residential Consumer Refrigeration Products" do not include refrigerators and
						  freezers used in hospitals, medical facilities, pharmacies, research
						  facilities, or laboratories for the storage of items other than food and
						  beverages.
"Residential Dehumidifier"
means a
						  residential air-conditioning product, other than a "portable air conditioner,"
						  "room air conditioner," or "packaged terminal air conditioner (PTAC)," that is
						  a self-contained, electrically operated, portable, and mechanically encased
						  assembly consisting of:
(1) A
						refrigerated surface (evaporator) that condenses moisture from the
						atmosphere;
(2) A refrigerating
						system, including an electric motor;
(3) An air-circulating fan; and
(4) A means for collecting or disposing of
						the condensate.
"Responsible Official"
means one of
						  the following representatives with authority to bind and make decisions:
(1) For a corporation, a president,
						secretary, treasurer, or vice president of the corporation in charge of a
						principal business function, or any other person who performs similar policy or
						decision-making functions for the corporation, or a duly authorized
						representative of that person;
(2)
						For a partnership or sole proprietorship, a general partner or the proprietor,
						respectively; or
(3) For a
						municipal, state, federal, or other public agency, either a principal executive
						officer or a ranking elected official.
"Retail Food Facility"
means a
						  facility that sells food and uses at least one retail food refrigeration
						  equipment unit or refrigeration system with more than 50 pounds of a
						  refrigerant with a GWP value of 150 or greater. "Retail food facility" includes
						  supermarkets, grocery stores, and all other food merchandising stores.
"Retail Food Refrigeration"
or
"Commercial Refrigeration"
means equipment designed to store
						  and display chilled or frozen goods for commercial sale or use. This end-use
						  includes, but is not limited to, the following categories of equipment:
						  stand-alone units (equipment), refrigerated food processing and dispensing
						  units (equipment), remote condensing units, and supermarket systems.
"Retirement"
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.
"Retrofit"
or
"Refrigerant
						  Retrofit"
means the replacement of the refrigerant used in
						  refrigeration equipment with a different refrigerant, and any related changes
						  to the refrigeration equipment required to maintain its operation and
						  reliability following refrigerant replacement.
"Rigid Polyurethane"
means a rigid
						  closed-cell foam made of polyurethane.
"Rigid Polyurethane Appliance Foam"
means polyurethane foam used for insulation in domestic appliances.
"Rigid Polyurethane Commercial Refrigeration
						  and Sandwich Panel"
means polyurethane foam used for insulation in
						  walls and doors, including that used for commercial refrigeration equipment,
						  refrigerated transport trailers, and garage doors.
"Rigid Polyurethane High-pressure Two-component
						  Spray Foam"
means a liquid polyurethane foam system sold as two parts
						  (i.e., A-side and B-side) in non-pressurized containers that is field or
						  factory applied onsite using high-pressure proportioning pumps at 800-1600
						  pounds per square inch (psi) and an application gun to mix and dispense the
						  chemical components.
"
Rigid Polyurethane Laminated Boardstock and
						  Polyisocyanurate Laminated Boardstock
" means laminated board
						  insulation made with polyurethane or polyisocyanurate foam, including, but not
						  limited to, that used for roofing and walls.
"
Rigid Polyurethane Low-pressure Two-component
						  Spray Foam"
means a liquid polyurethane foam system sold as two parts
						  (i.e., A-side and B-side) in containers that are pressurized to less than 250
						  psi during manufacture of the system for application without pumps that is
						  typically applied onsite relying upon a liquid and/or gaseous foam blowing
						  agent that also serves as a propellant.
"Rigid Polyurethane Marine Flotation
						  Foam"
means a buoyancy or flotation polyurethane foam used in boat and
						  ship manufacturing for both structural and flotation purposes.
"Rigid Polyurethane One-component Foam
						  Sealant"
means a polyurethane foam generally packaged in an aerosol
						  can that is applied onsite using a gaseous foam blowing agent that is also the
						  propellant for the aerosol formulation.
"Rigid Polyurethane Slabstock and
						  Other"
means rigid polyurethane foam formed into slabstock insulation
						  for panels and fabricated shapes for pipes and vessels.
"Room Air Conditioner," "Wall Air
						  Conditioner,"
or
"Window Air Conditioner"
means a
						  consumer product, other than a "packaged terminal air conditioner," that is
						  powered by single-phase electric current and is an encased assembly designed as
						  a unit for mounting in a window or through a wall for the purpose of providing
						  delivery of conditioned air to an enclosed space. It includes a prime source of
						  refrigeration and may include a means for ventilating and heating.
"Stand-alone Units or Equipment"
means
						  refrigerators, freezers, and reach-in coolers (either open or with doors) where
						  all refrigeration components are integrated and, for the smallest types, the
						  refrigeration circuit is entirely brazed or welded. These systems are fully
						  charged with refrigerant at the factory and typically require only an
						  electricity supply to begin operation. "Stand-alone Units or Equipment" does
						  not include commercial ice machines.
"Stationary"
means the system meets at
						  least one of the following conditions:
(1) Installed in a building, structure, or
						facility;
(2) Attached to a
						foundation, or if not attached, will reside at the same building, structure, or
						facility for more than twelve consecutive months; or
(3) Located permanently at the same facility
						for at least two consecutive years and operates at that facility a total of at
						least 90 days each year.
"Substance"
means any chemical,
						  product substitute, or alternative manufacturing process, whether new or
						  retrofit, intended for use in the end-uses listed in Table 1, section
						  95374(a); Table
						  2, section
						  95374(b); Table
						  3, section
						  95374(c); or
						  Table 4, section
						  95374(d) of this
						  subarticle.
"Supermarket Systems"
means multiplex
						  or centralized systems designed to cool or refrigerate, which operate with
						  rack(s) of compressors installed in a machinery room. Two main design
						  classifications are used: direct and indirect systems.
(1)
"Direct Systems"
means
						the refrigerant circulates from the machinery room to the sales area, where it
						evaporates in display-case heat exchangers, and then returns in vapor phase to
						the suction headers of the compressor racks. Another direct supermarket design,
						often referred to as a distributed refrigeration system, uses an array of
						separate compressor racks located near the display cases rather than having a
						central compressor rack system.
(2)
"Indirect Systems"
means the system uses a central
						refrigeration system to cool a secondary fluid that is then circulated
						throughout the store to the cases. This includes secondary loop systems and
						cascade refrigeration. A chiller used in retail food facilities to cool a
						secondary fluid subsequently used to cool food, beverage, and displayed
						products is considered an indirect refrigeration system.
"Use"
means any utilization of a
						  compound or any substance, including, but not limited to, utilization in a
						  product in California, consumption by the end-user in California, or in
						  intermediate applications in California, such as formulation or packaging for
						  subsequent applications.
"Variable Refrigerant Flow (VRF) System" or
						  "Variable Refrigerant Volume (VRV) System"
means an engineered direct
						  expansion (DX) multi-split system incorporating the following: a split system
						  air-conditioner or heat pump incorporating a single refrigerant circuit that is
						  a common piping network to two or more indoor evaporators each capable of
						  independent control, or compressor units. "VRF systems" contain a single module
						  outdoor unit or combined module outdoor units with at least one variable
						  capacity compressor that has three or more stages, with air or water as the
						  heat source.
"Vending Machine"
means a
						  self-contained unit that dispenses goods that must be kept cold or
						  frozen.
"Very Low Temperature Refrigeration or
						  Cooling"
means a refrigeration or cooling system that maintains
						  temperatures below -58 degrees Fahrenheit (-50 degrees Celsius), including, but
						  not limited to, medical and laboratory freezers, specialized industrial process
						  cooling applications, and extreme temperature environmental testing.
"Weighted-average GWP"
means [SIGMA]
						  (charge x GWP)/ [SIGMA] charge
Where:
Charge equals the pounds of each separate type of
						  refrigerant, refrigerant blend, or heat transfer fluid used in refrigeration
						  equipment and systems.
[SIGMA] in the numerator is the sum of the products of
						  charge multiplied by the GWP for each separate type of refrigerant.
[SIGMA] in the denominator is the sum of all pounds of
						  refrigerant charge in all refrigeration equipment with more than 50 pounds of
						  refrigerant.