reglab/statecodes huggingface dataset:
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 95363

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 9-1-2009; operative 10-1-2009 (Register 2009, No.
						  36).
Note: Authority cited: Sections
							 38501,
							 38510,
							 38560,
							 38560.5,
							 38580,
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Sections
							 38501,
							 38505,
							 38510,
							 38550,
							 38551,
							 38560,
							 38560.5,
							 39003,
							 39500,
							 39600
							 and
							 39601,
							 Health and Safety Code.
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 95364 - Sell-Through of Products (Phase I)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Small
						containers of automotive refrigerant that were packaged or manufactured before
						January 1, 2010, may be sold, supplied, or offered for sale in California until
						December 31, 2010.
(b) Notification
						necessary for products sold during the sell-through period. A person who sells
						or supplies a small container of automotive refrigerant that does not fully
						comply with the provisions of section
						95362 must notify the purchaser in
						writing of the date on which the sell-through period will end. This
						notification must be supplied only if all of the following conditions are met:
(1) The product is being sold or supplied to
						a distributor or retailer; and
(2)
						The sell-through period for the product will expire 6 months or less from the
						date the product is sold or supplied.
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 95364.1 - Manufacturing of Products with Modified Labels (Phase II)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding the provisions of section
						  95362(c), any
						  small container of automotive refrigerant that was packaged or manufactured for
						  sale in California on or after April 13, 2017 and prior to January 1, 2018 is
						  exempt from the labeling requirements specified in Section 2.3(B)(4) of
						  "Certification Procedures for Small Containers of Automotive Refrigerant,"
						  adopted on July 20, 2009, as last amended on January 17, 2017, which is
						  incorporated by reference herein.
Note: Authority cited: Sections 38501, 38505, 38510,
							 38560, 38560.5, 38562.2, 38566, 38580, 39600 and 39601, Health and Safety Code.
							 Reference: Sections 38501, 38505, 38510, 38550, 38551, 38560, 38560.5, 38562.2,
							 38566, 39003, 39500, 39600 and 39601, Health and Safety Code.
Note: Authority cited: Sections
							 38501,
							 38510,
							 38560,
							 38560.5,
							 38580,
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Sections
							 38501,
							 38505,
							 38510,
							 38550,
							 38551,
							 38560,
							 38560.5,
							 39003,
							 39500,
							 39600
							 and
							 39601,
							 Health and Safety Code.
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 95364.2 - Manufacturing of Products with Modified Labels and Deposit Program (Phase III)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding the provisions of sections
						  95362(d), small
						  containers of automotive refrigerant that were packaged or manufactured before
						  January 1, 2025, may continue to be sold, supplied, or offered for sale in
						  California.
Note: Authority cited: Sections 38501, 38505, 38510,
							 38560, 38560.5, 38562.2, 38566, 38580, 39600 and 39601, Health and Safety Code.
							 Reference: Sections 38501, 38505, 38510, 38550, 38551, 38560, 38560.5, 38562.2,
							 38566, 39003, 39500, 39600 and 39601, Health and Safety Code.
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 95365 - Container Disposal or Destruction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On or
						after January 1, 2010, and for small containers of automotive refrigerant
						purchased before January 1, 2025, no person shall dispose of or destroy any
						small container of automotive refrigerant that is subject to the requirements
						of this subarticle unless the disposal or destruction is performed in
						accordance with the procedures specified in this section.
(b) A manufacturer or its designated recovery
						facility must evacuate small containers of automotive refrigerant to less than
						atmospheric pressure, unless the containers are breached or damaged to an
						extent that precludes recovery of the refrigerant. All other persons must
						return small containers of automotive refrigerant that contain any quantity of
						refrigerant that they purchased before January 1, 2025, to the retailer, the
						manufacturer, or the manufacturer's designated recovery facility.
(c) Until January 1, 2025, refrigerant
						recovery facilities must be registered with the CARB as described in
						"Certification Procedures for Small Containers of Automotive Refrigerant"
						adopted on July 20, 2009, and last amended on January 17, 2017, which is
						incorporated by reference herein.
(d) Small containers of automotive
						refrigerant that are breached do not count as recycled small containers of
						automotive refrigerant for the purpose of calculating the recycle
						rate.
Note: Authority cited: Sections 38501, 38505, 38510,
							 38560, 38560.5, 38562.2, 38566, 38580, 39600 and 39601, Health and Safety Code.
							 Reference: Sections 38501, 38505, 38510, 38550, 38551, 38560, 38560.5, 38562.2,
							 38566, 39003, 39500, 39600 and 39601, Health and Safety Code.
Note: Authority cited: Sections
							 38501,
							 38510,
							 38560,
							 38560.5,
							 38580,
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Sections
							 38501,
							 38505,
							 38510,
							 38550,
							 38551,
							 38560,
							 38560.5,
							 39003,
							 39500,
							 39600
							 and
							 39601,
							 Health and Safety Code.
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 95366.1 - Expiration of Deposit and Reclaimed Refrigerant Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of section
						  95366 no longer apply for small
						  containers of automotive refrigerant sold on and after January 1, 2025.
Note: Authority cited: Sections 38501, 38505, 38510,
							 38560, 38560.5, 38562.2, 38566, 38580, 39600 and 39601, Health and Safety Code.
							 Reference: Sections 38501, 38505, 38510, 38550, 38551, 38560, 38560.5, 38562.2,
							 38566, 39003, 39500, 39600 and 39601, Health and Safety Code.
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 95366.2 - Reclaimed Refrigerant Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On and
						after January 1, 2025, each manufacturer of small containers of automotive
						refrigerant must use certified reclaimed refrigerant in small containers of
						automotive refrigerant.
(b) The
						following table lists the minimum percentage of the total aggregate weight in
						pounds of certified reclaimed refrigerant that is required by manufacturers to
						charge in small containers of automotive refrigerant for each calendar year and
						their respective dates:
Percentage of Certified Reclaimed
								  Refrigerant Required each Calendar Year
Starting Date
25%
January 1, 2025
50%
January 1, 2026
100%
January 1, 2027
(c) Each manufacturer's percentage
						requirement of pounds of certified reclaimed refrigerant under section
						95366.2(b) will be determined based on the prior calendar year's total
						aggregate amount of pounds of refrigerant in small containers of automotive
						refrigerant entered into California.
Note: Authority cited: Sections 38501, 38505, 38510,
							 38560, 38560.5, 38562.2, 38566, 38580, 39600 and 39601, Health and Safety Code.
							 Reference: Sections 38501, 38505, 38510, 38550, 38551, 38560, 38560.5, 38562.2,
							 38566, 39003, 39500, 39600 and 39601, Health and Safety Code.
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 95367.1 - Expiration of Returned Containers for Recycling Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of sections
						  95367(a)(2),
						  95367(a)(5),
						  95367(a)(6), and
						  95367(a)(9), do
						  not apply to small containers of automotive refrigerant sold on and after Jan.
						  1, 2025.
Note: Authority cited: Sections 38501, 38505, 38510,
							 38560, 38560.5, 38562.2, 38566, 38580, 39600 and 39601, Health and Safety Code.
							 Reference: Sections 38501, 38505, 38510, 38550, 38551, 38560, 38560.5, 38562.2,
							 38566, 39003, 39500, 39600 and 39601, Health and Safety Code.
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 95367.2 - Use of Unclaimed Deposits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On or
						after January 1, 2025, proceeds from unclaimed deposits must be spent to
						support only the following specified activities or combinations of activities:
(1) Repairing motor vehicle air conditioning
						systems that use a refrigerant with a GWP value greater than 150.
(2) Recovery and reclamation of refrigerants
						or foams with a GWP value greater than 150.
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 95368 - Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Penalties. Penalties may be assessed for any violation of this subarticle
						pursuant to Health and Safety Code section 38580. Each day during any portion
						of which a violation occurs is a separate offense.
(b) Injunctions. Any violation of this
						subarticle may be enjoined pursuant to Health and Safety Code section
						41513.
(c) Revocation. The
						Executive Officer may revoke any Executive Order issued pursuant to this
						subarticle for a violation of this subarticle.
(d) Testing to determine that small
						containers of automotive refrigerant are in compliance with the leakage rate
						requirement specified in "Certification Procedures for Small Containers of
						Automotive Refrigerant" adopted on July 20, 2009, and last amended on October
						26, 2023, which is incorporated by reference herein, shall be performed using
						Test Procedure (TP-503), Test Procedure for Leaks from Small Containers of
						Automotive Refrigerant, adopted July 20, 2009, and last amended on January 5,
						2010, which is incorporated herein by reference.
(e) Before seeking remedial action against
						any manufacturer, distributor, or retailer, the Executive Officer will consider
						any information provided by the manufacturer, distributor, or
						retailer.
Note: Authority cited: Sections 38501, 38505, 38510,
							 38560, 38560.5, 38562.2, 38566, 38580, 39600 and 39601, Health and Safety Code.
							 Reference: Sections 38501, 38505, 38510, 38550, 38551, 38560, 38560.5, 38562.2,
							 38566, 39003, 39500, 39600 and 39601, Health and Safety Code.
Note: Authority cited: Sections
							 38501,
							 38510,
							 38560,
							 38560.5,
							 38580,
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Sections
							 38501,
							 38505,
							 38510,
							 38550,
							 38551,
							 38560,
							 38560.5,
							 39003,
							 39500,
							 39600
							 and
							 39601,
							 Health and Safety Code.
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 95369 - Recordkeeping Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
						manufacturer, distributor, and retailer of small containers of automotive
						refrigerant must retain invoices for a period not less than 5 years that show
						the manufacturer, distributor, or retailer name, business name, physical
						address, contact name, telephone number, fax number, e-mail address, web site
						address, sale date, and the quantity of small containers of automotive
						refrigerant purchased or sold.
(b)
						Each retailer of small containers of automotive refrigerant must maintain
						records on a manufacturer-specific basis for a period not less than 5 years,
						and must provide such records to CARB upon request that document, on a calendar
						year basis:
(1) the amounts of deposits
						collected under section
						95366(a)(1) that
						are not returned or refunded to consumers under section
						95366(a)(3),
						and
(2) the amounts of deposits
						collected under section
						95366(a)(1) that
						are not returned or refunded to consumers under section
						95366(a)(3), that
						are transferred to manufacturers or their designees under section
						95366(a)(4).
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 95370 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each part of this subarticle is severable, and in the
						  event that any provision of this subarticle is held to be invalid, the
						  remainder of this subarticle shall continue in full force and effect.
Note: Authority cited: Sections 38501, 38505, 38510,
							 38560, 38560.5, 38562.2, 38566, 38580, 39600 and 39601, Health and Safety Code.
							 Reference: Sections 38501, 38505, 38510, 38550, 38551, 38560, 38560.5, 38562.2,
							 38566, 39003, 39500, 39600 and 39601, Health and Safety Code.
Note: Authority cited: Sections
							 38501,
							 38510,
							 38560,
							 38560.5,
							 38580,
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Sections
							 38501,
							 38505,
							 38510,
							 38550,
							 38551,
							 38560,
							 38560.5,
							 39003,
							 39500,
							 39600
							 and
							 39601,
							 Health and Safety Code.
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 95371 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this subarticle is to reduce
						  hydrofluorocarbon (HFC) emissions by adopting specific prohibitions for certain
						  substances in refrigeration, air-conditioning, chillers, ice rinks, cold
						  storage, aerosols-propellants, and foam end-uses to support California's
						  greenhouse gas emission reduction goals.
1.
						  Renumbering of former subarticle 5 to subarticle 4 and new subarticle 5
						  (sections 95371-95377) and section filed
						  12-27-2018; operative 12-27-2018 pursuant to Government Code section
						  11343.4(b)(3)
						  (Register 2018, No. 52).
2. Change without regulatory effect
						  amending subarticle heading, section and NOTE filed 1-3-2020 pursuant to
						  section 100, title 1, California Code of
						  Regulations (Register 2020, No. 1).
3. Amendment of subarticle
						  heading, section and NOTE filed 12-29-2021; operative 1-1-2022 pursuant to
						  Government Code section
						  11343.4(b)(3)
						  (Register 2021, No. 53). (Filing deadline specified in Government Code section
						  11349.3(a)
						  extended 60 calendar days pursuant to Executive Order
						  N-40-20.)
Note: Authority cited: Sections
							 38560,
							 38562,
							 39600,
							 39601,
							 39734
							 and
							 41511,
							 Health and Safety Code. Reference: Sections
							 38510,
							 38560,
							 38562,
							 38566,
							 38580,
							 39600,
							 39601,
							 39730,
							 39730.5,
							 39734
							 and
							 41511,
							 Health and Safety Code.
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 95372 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This subarticle applies to any person who sells,
						  leases, rents, installs, uses, or otherwise enters into commerce, in the State
						  of California, any product, equipment, material, or 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.
1. New
						  section filed 12-27-2018; operative 12-27-2018 pursuant to Government Code
						  section
						  11343.4(b)(3)
						  (Register 2018, No. 52).
2. Change without regulatory effect
						  amending section and NOTE filed 1-3-2020 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 2020, No.1).
3. Amendment of section and NOTE
						  filed 12-29-2021; operative 1-1-2022 pursuant to Government Code section
						  11343.4(b)(3)
						  (Register 2021, No. 53). (Filing deadline specified in Government Code section
						  11349.3(a)
						  extended 60 calendar days pursuant to Executive Order
						  N-40-20.)
Note: Authority cited: Sections
							 38560,
							 38562,
							 39600,
							 39601,
							 39734
							 and
							 41511,
							 Health and Safety Code. Reference: Sections
							 38510,
							 38560,
							 38562,
							 38566,
							 38580,
							 39600,
							 39601,
							 39730,
							 39730.5,
							 39734
							 and
							 41511,
							 Health and Safety Code.
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 95376 - Refrigerant Recovery, Reclaim, and Reuse Requirements (R4 Program)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Reclaimed Refrigerant Use Requirements for Manufacturers of AC
						Equipment Subject to Effective Date of January 1, 2025, in Table 3 of section
						95374(c).
Equipment manufacturers shall determine the number of pounds of certified
						reclaimed R-410A refrigerant use required as follows:
(1) Use the following equation to determine
						baseline average pounds per year:
Baseline Average Pounds of Refrigerant in 2018 and 2019
						  = [(pounds in AC equipment entered into California in 2018 + pounds in AC
						  equipment entered into California in 2019) -f 2].
(2) Applying the calculated baseline average
						pounds, determine the number of pounds of certified reclaimed R-410A
						refrigerant use required annually, using the following equations:
Annual Reclaim Use Requirement for 2023 = [(10% x
						  baseline average pounds calculated in (a)(1)) x 1.04 (a one-time growth factor
						  of 4%)].
Annual Reclaim Use Requirement for 2024 = [(10% x
						  baseline average pounds calculated in (a)(1)) x 1.04 (a one-time growth factor
						  of 4%)].
(3) For AC
						manufacturers with no shipments into California in 2018 and 2019, the baseline
						years shall be 2023 and 2024. Projected shipments into California shall be used
						to calculate the certified reclaimed refrigerant requirements for the initial
						baseline report and first annual report, while actual shipments into California
						will be used for the final annual report. The following equation shall be used
						to determine the number of pounds of certified reclaimed R-410A refrigerant use
						required annually:
Annual Reclaim Use Requirement for 2023 and 2024 = (10%
						  x pounds in AC equipment entered into California per year).
(4) The requirement shall be met by AC
						manufacturers by any or all of the following:
(A) Certified reclaimed R-410A refrigerant
						purchased and used in new equipment.
(B) Certified reclaimed R-410A refrigerant
						purchased and used in the servicing of existing equipment.
(C) Optional Early Action Credit: Refrigerant
						with a GWP less than 750 used in new Other Air-conditioning equipment entered
						into commerce in California prior to January 1, 2025.
(5) The requirement to purchase and use
						certified reclaimed R-410A refrigerant shall be met before July 1,
						2025.
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 95377 - Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Failure to
						comply with any requirement of this subarticle constitutes a separate violation
						of this subarticle, including, but not limited to, failure to retain or produce
						any records.
(b) Submitting or
						producing inaccurate information or record(s) that are required to be submitted
						or retained by this subarticle constitutes a separate violation of this
						subarticle.
(c) Falsifying any
						information or record required to be submitted or retained by this subarticle
						constitutes a separate violation of this subarticle.
(d) Violations of this subarticle are subject
						to penalties under the Health and Safety Code section
						38580.
(e) Any violation of this subarticle may be
						enjoined pursuant to Health and Safety Code section
						41513.
(f) Enforcement of this subarticle may be
						carried out by authorized representatives of the Executive Officer or a local
						Air Pollution Control Officer.
1. New
						  section filed 12-27-2018; operative 12-27-2018 pursuant to Government Code
						  section
						  11343.4(b)(3)
						  (Register 2018, No. 52).
2. Change without regulatory effect
						  renumbering former section
						  95377 to section
						  95378 and renumbering former
						  section 95376 to section
						  95377, including amendment of
						  section and NOTE, filed 1-3-2020 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 2020, No. 1).
3. Amendment of section and NOTE
						  filed 12-29-2021; operative 1-1-2022 pursuant to Government Code section
						  11343.4(b)(3)
						  (Register 2021, No. 53). (Filing deadline specified in Government Code section
						  11349.3(a)
						  extended 60 calendar days pursuant to Executive Order
						  N-40-20.)
Note: Authority cited: Sections
							 38560,
							 38562,
							 39600,
							 39601,
							 39734
							 and
							 41511,
							 Health and Safety Code. Reference: Sections
							 38510,
							 38560,
							 38562,
							 38566,
							 38580,
							 39600,
							 39601,
							 39730,
							 39730.5,
							 39734
							 and
							 41511,
							 Health and Safety Code.
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 95378 - Variance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Applicability.
An Applicant may submit a request to the
						Executive Officer for a variance from the requirements of section
						95374 and
						95375. The Executive Officer may
						grant a variance if the Executive Officer determines that the Applicant has
						proven by clear and convincing evidence that the criteria for a variance in
						subsection (b) has been met and that the Applicant has complied with all
						application requirements specified in subsection (c).
(b)
Variance Types.
The
						Executive Officer may issue the following variances:
(1)
Impossibility.
The
						Applicant cannot comply with the regulatory requirements, and the Applicant can
						demonstrate all of the following criteria:
(A)
						A lower-risk substitute is not currently or potentially available;
(B) An exemption will not increase the
						overall risk to human health or the environment; and
(C) The Applicant has used best efforts to
						anticipate and address the impossibility and any potential
						noncompliance.
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 95379 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each part of this subarticle shall be deemed severable,
						  and in the event that any provision of this subarticle is held to be invalid,
						  the remainder of this subarticle shall continue in full force and
						  effect.
1.
						  Renumbering of former section
						  95378 as new section
						  95379, including amendment of
						  NOTE, filed 12-29-2021; operative 1-1-2022 pursuant to Government Code section
						  11343.4(b)(3)
						  (Register 2021, No. 53). (Filing deadline specified in Government Code section
						  11349.3(a)
						  extended 60 calendar days pursuant to Executive Order
						  N-40-20.)
Note: Authority cited: Sections
							 38560,
							 38562,
							 39600,
							 39601,
							 39734
							 and
							 41511,
							 Health and Safety Code. Reference: Sections
							 38510,
							 38560,
							 38562,
							 38566,
							 38580,
							 39600,
							 39601,
							 39730,
							 39730.5,
							 39734
							 and
							 41511,
							 Health and Safety Code.
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 95380 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this subarticle is to reduce emissions
						  of high global warming potential refrigerants from stationary, non-residential
						  refrigeration equipment and from the installation and servicing of stationary
						  refrigeration and air-conditioning appliances using high-GWP
						  refrigerants.
1. New
						  subarticle 5.1 (sections
						  95380-95398) and section filed
						  10-20-2010; operative 11-19-2010 (Register 2010, No.
						  43).
Note: Authority cited: Sections
							 38501,
							 38510,
							 38560,
							 38562,
							 38563,
							 38580,
							 38597,
							 39600,
							 39601
							 and
							 41511,
							 Health and Safety Code. Reference: Sections
							 38501,
							 38505,
							 38510,
							 38560,
							 38562,
							 38563,
							 38580,
							 38597,
							 39600,
							 39601
							 and
							 41511,
							 Health and Safety Code.
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 95381 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This subarticle
						applies to any person who owns or operates a stationary refrigeration system,
						as defined in this subarticle. This subarticle also applies to any person who
						installs, repairs, maintains, services, replaces, recycles, or disposes of a
						stationary refrigeration or air-conditioning appliance, and to any person who
						distributes or reclaims refrigerants with high global warming
						potential.
(b) The provisions of
						this subarticle do not apply to tactical support equipment.
1. New
						  section filed 10-20-2010; operative 11-19-2010 (Register 2010, No.
						  43).
Note: Authority cited: Sections
							 38501,
							 38510,
							 38560,
							 38562,
							 38563,
							 38580,
							 38597,
							 39600,
							 39601
							 and
							 41511,
							 Health and Safety Code. Reference: Sections
							 38501,
							 38505,
							 38510,
							 38560,
							 38562,
							 38563,
							 38580,
							 38597,
							 39600,
							 39601
							 and
							 41511,
							 Health and Safety Code.
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 95384 - Implementation Fees for Facilities with Stationary Refrigeration Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Initial
						Implementation Fee Upon Registration
. An implementation fee must be
						paid by each owner or operator of a facility with a refrigeration system with a
						full charge greater than or equal to 200 pounds of a high-GWP refrigerant. The
						fee is due and payable to the Executive Officer on the same date that the owner
						or operator is required to register pursuant to section
						95383. The amount of the fee is
						specified in subsection (c).
(b)
Annual Implementation Fee.
An annual implementation fee must
						be paid by each owner or operator of a facility with a refrigerator system with
						a full charge greater than or equal to 200 pounds of a high-GWP refrigerant.
						The annual fee is due and payable to the Executive Officer no later than March
						1 of each calendar year after the calendar year in which registration is
						required under section
						95383. The amount of the
						implementation fee is specified in subsection (c).
(c)
Amount of Implementation
						Fee.
The amount of the initial and annual implementation fee is based
						on the refrigeration system with the largest full charge that is operating at
						the facility, and is as follows:
(1) The
						initial and annual implementation fee for a facility with a refrigeration
						system with a full charge of 2,000 pounds or greater is $370.
(2) The initial and annual implementation fee
						for a facility with a refrigeration system with a full charge of 200 pounds or
						greater, but less than 2,000 pounds is, $170.
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 95385 - Leak Detection and Monitoring Requirements for Facilities with Stationary Refrigeration Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Refrigeration Systems with a Full Charge Greater Than or Equal to 2,000
						Pounds.
The owner or operator of a refrigeration system with a full
						charge greater than or equal to 2,000 pounds of a high-GWP refrigerant must do
						the following:
(1)
(A) Except as provided in subsection
						(a)(1)(B), after January 1, 2011, the owner or operator of a refrigeration
						system that operates year round, or is intended to be operated year round, must
						conduct a leak inspection of the refrigeration system monthly using a
						refrigerant leak detection device, a bubble test, or observation of oil residue
						if:
1. The refrigerant circuit is located
						entirely within an enclosed building or structure, or
2. The compressor, evaporator, condenser, or
						any other component of the refrigeration system(s) with a high potential for a
						refrigerant leak is located inside an enclosed building or
						structure.
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 95386 - Leak Repair Requirements for Facilities with Stationary Refrigeration Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Leak Repair Requirements.
After January 1, 2011, the owner or
						operator of a refrigeration system must ensure that all detected refrigerant
						leaks are repaired as provided in this section, and must maintain records
						pursuant to section
						95389 of all refrigerant leak
						repairs.
(b)
Refrigerant
						Leak Repair 14-Day Requirement.
A refrigerant leak must be repaired by
						a certified technician within 14 days of its detection, except in situations
						when a longer time period is allowed under subsections (c), (d), or (i) of this
						section.
(c)
Refrigerant
						Leak Repair 45-Day Allowance.
The owner or operator of a refrigeration
						system has 45 days to repair a refrigerant leak or replace a leaking
						component(s) if one or more of the following conditions apply:
(1) A certified technician is not available
						to complete the repair or replace the component(s). A written record(s) must be
						kept pursuant to section
						95389 to document that no
						certified technician was available within 14 days of the initial leak
						detection.
(2) The parts necessary
						to repair a refrigerant leak are unavailable, and the owner or operator obtains
						a written statement from the refrigeration system or component manufacturer or
						distributor stating that the parts are unavailable. A written record(s) must be
						kept pursuant to section
						95389 to document that the
						necessary parts were not available within 14 days of the initial leak
						detection.
(3) The refrigerant leak
						repair requires an industrial process shutdown that results in a process
						temporarily ceasing to manufacture the intermediate or final product that is
						produced when the industrial process refrigeration appliance is in
						operation.
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 95387 - Requirements to Prepare Retrofit or Retirement Plans for Facilities with Leaking Stationary Refrigeration Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Retrofit or Retirement Plan
						Requirements.
(1) After January 1,
						2011, the owner or operator of a refrigeration system with a refrigerant leak
						that has not been successfully repaired within the time required for
						refrigerant leak repair under subsection (b), (c), or (d) of section
						95386 must prepare and implement a
						dated retrofit or retirement plan as provided in section
						95386(g). The
						plan must establish a schedule to retrofit or retire a leaking refrigeration
						system no later than six months after the initial detection of the refrigerant
						leak, and all work must be completed during this six-month period.
(2) The retrofit or retirement plan must be
						kept at the site of the refrigeration system with a refrigerant leak. If a
						refrigeration system is to be retired and replaced, the plan must include
						information required under this subsection specific to the new refrigeration
						system to be constructed or installed. If a refrigeration system is to be
						retrofitted, the plan must include information required under this subsection
						specific to the refrigeration system after the retrofit has been completed. A
						retrofit or retirement plan must include the following information:
(A) The system identification number of the
						refrigeration system being retired or retrofitted.
(B) Equipment type.
(C) Equipment manufacturer.
(D) Equipment model or description.
(E) Intended physical location of the
						refrigeration system through schematic or floor plan with locations clearly
						noted.
(F) Temperature
						classification -- The refrigeration system must be identified as a low
						temperature system, a medium temperature system, or other.
(G) Full charge of the refrigeration
						system.
(H) Type of high-GWP
						refrigerant(s) used.
(I) If a
						refrigeration system is to be retired and replaced, a plan to dispose of the
						retired refrigeration system.
(J) A
						timetable which includes, at a minimum:
1. the
						date installation, construction, or retrofit of the refrigeration system is
						expected to begin, and
2. the
						expected completion date of the installation, construction, or retrofit of the
						refrigeration system.
(K)
						A signature by a representative of the facility, including the date
						signed.
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 95388 - Reporting Requirements for Facilities with Stationary Refrigeration Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Reporting Requirements for Refrigeration Systems with a Full Charge
						Greater Than or Equal to 200 Pounds
. After January 1, 2011, the owner
						or operator of a facility with a refrigeration system in operation with a full
						charge greater than or equal to 200 pounds of a high-GWP refrigerant must
						annually submit to the Executive Officer a Facility Stationary Refrigeration
						Report (Annual Report) that contains the information specified below in
						subsections
						95388(b)(1) and
						95388(b)(2). Each
						Annual Report must provide this information for the previous calendar year and
						must be submitted by the following dates:
(1)
						By March 1, 2012, the owner or operator of a facility with a refrigeration
						system that begins operation before January 1, 2012, with a full charge greater
						than or equal to 2,000 pounds of a high-GWP refrigerant must submit an Annual
						Report for the 2011 calendar year. By March 1, 2013, and each calendar year
						thereafter, the owner or operator must submit an Annual Report providing
						information for the previous calendar year.
(2) The owner or operator of a facility with
						a refrigeration system that begins operation on or after January 1, 2012, with
						a full charge greater than or equal to 2,000 pounds of a high-GWP refrigerant
						must submit the first Annual Report for the previous calendar year by March 1
						of the calendar year after the refrigeration system begins operating at a
						facility. Subsequent Annual Reports for the previous calendar year must be
						submitted by March 1 of each year thereafter.
(3) By March 1, 2014, the owner or operator
						of a facility with a refrigeration system that begins operation before January
						1, 2014, with a full charge greater than or equal to 200 pounds, but less than
						2,000 pounds, of a high-GWP refrigerant must submit an Annual Report for the
						2013 calendar year. By March 1, 2015, and each calendar year thereafter, the
						owner or operator must submit an Annual Report providing information for the
						previous calendar year.
(4) The
						owner or operator of a facility with a refrigeration system that begins
						operation on or after January 1, 2014, with a full charge greater than or equal
						to 200 pounds, but less than 2,000 pounds, of a high-GWP refrigerant must
						submit the first Annual Report for the previous calendar year by March 1 of the
						calendar year after the refrigeration system begins operating at a facility.
						Subsequent Annual Reports for the previous calendar year must be submitted by
						March 1 of each year thereafter.
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 95389 - Recordkeeping Requirements for Facilities with Stationary Refrigeration Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						After January 1, 2011, the owner or operator of a facility with a refrigeration
						system in operation with a full charge greater than 50 pounds of a high-GWP
						refrigerant must maintain the following records for a minimum of 5 years. The
						records must be kept at the facility where the refrigeration system(s) is in
						operation and must be made available to an authorized representative of the
						Executive Officer, including a local Air Pollution Control Officer, upon
						request:
(1) All registration information
						required by section
						95383.
(2) Documentation of all leak detection
						systems, leak inspections, and automatic leak detection system annual audit and
						calibrations required by section
						95385.
(3) Records of all refrigeration system
						service and refrigerant leak repairs, and documentation of any conditions
						allowing repair of a refrigerant leak to be conducted more than 14 days after
						leak detection, as required pursuant to section
						95386. Refrigeration system and
						refrigeration system service and refrigerant leak repair records must include
						documentation of all items reported pursuant to section
						95388.
(4) Any retrofit or retirement plans required
						by section
						95387.
(5) All reports required by section
						95388.
(6) Any application for exemption submitted
						pursuant to subsection
						95397 and any notification of an
						exemption approved, denied, revoked, or modified pursuant to subsection
						95397.
(7) Invoices of all refrigerant
						purchases.
(8) Records of all
						shipments of refrigerants for reclamation or destruction, which must include
						the following information:
(A) Name and
						address of the person the high-GWP refrigerant was shipped to.
(B) Weight in pounds of high-GWP refrigerant
						shipped.
(C) Type of high-GWP
						refrigerant shipped.
(D) Date of
						shipment.
(E) Purpose of shipment
						(e.g. reclamation, destruction, etc.).
(9) Records of all refrigeration systems
						component data, measurements, calculations and assumptions used to determine
						the full charge.
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 95391 - Prohibitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Prohibitions.
On or after January 1, 2011, no person shall
						sell, supply, offer for sale, or distribute any high-GWP refrigerant for use as
						a refrigerant, unless for reclamation or destruction, in a container with a
						refrigerant capacity of two pounds or greater unless:
(1) The buyer is a certified technician
						pursuant to Title 40 of the Code of Federal Regulations, Part 82, §
													82.40 or §
													82.161; or
(2) The buyer is an authorized representative
						of a person employing at least one certified technician who is certified
						pursuant to Title 40 of the Code of Federal Regulations, Part 82, §
													82.40 or §
													82.161 and is in full compliance
						with Title 40 of the Code of Federal Regulations, Part 82, §
													82.166 (as amended January 11,
						2005), and the buyer has provided evidence that at least one technician is
						properly certified; or
(3) The
						refrigerant is sold only for eventual resale to a certified technician, an
						employer of a certified technician, or a refrigeration or air-conditioning
						appliance manufacturer, or the refrigerant is being sent for reclamation;
						or
(4) The refrigerant is contained
						in a refrigeration or air-conditioning appliance.