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 95375 - Prohibitions, Exceptions, Registration, Recordkeeping, Reporting, Labeling, and Disclaimer Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Requirements Applicable to Table 1 of Section
						95374(a).
(1)
Prohibitions.
No person
						shall sell, lease, rent, install, use, or otherwise enter into commerce in the
						State of California any refrigeration equipment or foam system manufactured
						after the effective date that does not comply with Table 1 of section
						95374(a) of this
						subarticle.
(2)
Exceptions.
The following exceptions apply to the list of
						prohibited substances or the effective dates for prohibited substances for
						end-uses identified in Table 1 of section
						95374(a) of this
						subarticle:
(A)
Foam
						End-Uses.
The effective dates for all foam end-uses identified in
						Table 1 of section
						95374(a) of this
						subarticle are extended to January 1, 2022, for military end-uses and January
						1, 2025, for space- and aeronautics-related end-uses where reasonable efforts
						have been made to ascertain that other alternatives are not technically
						feasible due to performance or safety requirements. For rigid polyurethane
						laminated boardstock and polyisocyanurate laminated boardstock, polystyrene
						extruded sheet, and phenolic insulation board and bunstock, these same
						extensions include closed-cell foam products and products containing
						closed-cell foams manufactured with the applicable prohibited substances on or
						before these dates.
(B)
Very Low Temperature Refrigeration or Cooling Uses.
The
						prohibitions for refrigeration end-uses identified in Table 1 of section
						95374(a) do not
						apply to refrigeration equipment used for Very Low Temperature Refrigeration or
						Cooling.
(C)
Refrigeration
						End-Uses.
Replacement of a refrigeration component in refrigeration
						equipment or a system in an existing facility as part of the normal maintenance
						of refrigeration equipment, if the cumulative replacement of components within
						any three-year period does not exceed 50 percent of the capital cost of
						replacing the entire refrigeration equipment or system, excluding the cost of
						refrigerated display cases.
(3)
Disclosure and Recordkeeping for
						Refrigeration End-Use Categories.
(A)
Disclosure Statement.
Any person who manufactures
						motor-bearing new refrigeration equipment for sale or entry into commerce in
						the State of California must provide a written disclosure to the buyer. The
						required written disclosure must state: "This equipment meets the regulatory
						requirements for hydrofluorocarbons as of the manufacturing date. Only those
						refrigerants allowable in the state for specific end uses may be
						used."
(B)
Recordkeeping.
Any person who manufactures motor-bearing new
						refrigeration equipment for sale or entry into commerce in the State of
						California must maintain for five years and make available, upon request by the
						Executive Officer, a copy of the following records:
1. Name and address of the person purchasing
						the equipment at the time of purchase.
2. Telephone number and email address of the
						person purchasing the equipment at the time of purchase, if provided to the
						manufacturer.
3. Model and serial
						number of the equipment. When the affected equipment is part of an assembly
						without an individual serial number, the serial number of each component must
						be recorded. If the equipment or a component does not have an individual serial
						number or the serial number is inaccessible after assembly, the physical
						description must be recorded in enough detail for positive
						identification.
4. Date of
						manufacture of the equipment.
5.
						Date of sale of the equipment.
6.
						The refrigerant type(s) the equipment is designed to use.
7. The refrigerant and full charge capacity
						of the equipment, where available.
8. A copy of the disclosure statement made
						available to the person purchasing the equipment or recipient of the new
						refrigeration equipment.
(4)
Recordkeeping for Foam End-Use
						Categories.
(A) The recordkeeping
						requirements of this section do not apply to any end-use category listed in
						Table 2 of section
						95374(b) of this
						subarticle. Any person who manufactures a foam system in any end-use category
						listed in Table 1 of section
						95374(a) of this
						subarticle for sale or entry into commerce in the State of California must
						maintain for five years and make available, upon request by the Executive
						Officer, a copy of the following records:
1.
						Name and address of the person purchasing the foam system at the time of
						purchase.
2. Telephone number and
						email address of the person purchasing the foam system at the time of purchase,
						if provided to the manufacturer.
3.
						The type of foam end-use category.
4. Date of manufacture of the foam
						system.
5. Date of sale of the foam
						system.
6. The blowing agent used
						in the foam system.
(B)
						Foam end-uses that no longer use any prohibited substance listed in section
						95374(a) may
						provide the California Air Resources Board with an attestation under penalty of
						perjury that the end-use does not use a prohibited substance and this shall
						serve as compliance with section
						95375(a)(4). All
						attestations shall be sent to CARB at
						HFCREDUCTION@ARB.CA.GOV.