California Code of Regulations
Title 17 - Public Health
Division 3 - Air Resources
Chapter 1 - Air Resources Board
Subchapter 10 - Climate Change
Article 4 - Regulations to Achieve Greenhouse Gas Emission Reductions
Subarticle 5.1 - Management of High Global Warming Potential Refrigerants for Stationary Sources
Section 95382 - Definitions

(1) "Additional refrigerant charge" means the quantity, in pounds, of refrigerant added to a refrigeration system or appliance in order to bring the system to a full charge. "Additional refrigerant charge" does not include an initial refrigerant charge.

(2) "Air-conditioning" means any stationary, non-residential appliance, including a computer-room air conditioner, that provides cooling to a space to an intended temperature of not less than 68°F for the purpose of cooling objects or occupants.

(3) "Air district" means an air quality management district or air pollution control district created or continued in existence under Health and Safety Code sections 40000- 41357.

(4) "Air Pollution Control Officer" or "APCO" means the appointed head of a local air quality management district or air pollution control district whose appointment and duties are set forth in Health and Safety Code sections 40750- 40753.

(5) "Appliance" means any device which contains and uses a high-GWP refrigerant, including any air conditioner, refrigerator, chiller, freezer, or refrigeration system.

(6) "Automatic leak detection system" means a calibrated device using continuous monitoring for detecting leakage of refrigerants that on detection, alerts the operator, and may be either:

(7) "Certified reclaimer" means a person who is a certified reclaimer in accordance with Title 40 of the Code of Federal Regulations, Part 82, §82.164.

(8) "Certified refrigerant recovery or recycling equipment" means any refrigerant recovery or recycling equipment that meets the standards specified in Title 40 of the Code of Federal Regulations, Part 82, §82.152 (as amended April 13, 2005).

(9) "Certified technician" means a person who holds a current, valid, and applicable certificate pursuant to Title 40 of the Code of Federal Regulations, Part 82, §82.40 or §82.161.

(10) "Change of ownership" means a transfer of the title of a facility subject to this subarticle.

(11) "Chlorofluorocarbon" or "CFC" means a class of compounds primarily used as refrigerants, consisting of only chlorine, fluorine, and carbon.

(12) "Commercial refrigeration" means a refrigeration appliance utilized in the retail food and cold storage warehouse sectors. "Retail food" includes the refrigeration equipment found in supermarkets, convenience stores, restaurants and other food service establishments. "Cold storage" includes the equipment used to store meat, produce, dairy products, and other perishable goods.

(13) "Component" means a part of a refrigeration system or appliance (including condensing units, compressors, condensers, evaporators, receivers) and all of its connections and subassemblies, without which the refrigeration system or appliance will not properly function or will be subject to failures.

(14) "Computer-room air conditioner" means a central air conditioner specifically designed for use in data processing areas, maintaining an ambient temperature of approximately 72°F and a relative humidity of approximately 52 percent.

(15) "Continuous monitoring" means measuring the ambient concentration of refrigerant using electronic or mechanical sensors or interpreting measurements (e.g. temperature or pressure) within a refrigeration system that indicate a refrigerant leak in real time.

(16) "Detected refrigerant leak" means a refrigerant leak that is known to the owner or operator, or should reasonably have been known to the owner or operator.

(17) "Direct emissions" means high-GWP refrigerant emissions from a facility that are emitted by refrigeration systems under the operational control of a facility owner or operator. Direct emissions are calculated as the total weight in pounds of each type of high-GWP refrigerant that was charged into a refrigeration system minus the total weight in pounds of each type of high-GWP refrigerant that was recovered from a refrigeration system, as reported in the annual Facility Stationary Refrigeration report pursuant to section 95388.

(18) "Enclosed building or structure" means a building or structure with a roof and walls that prevent wind from entering the facility.

(19) "Equipment type" means commercial refrigeration, industrial process refrigeration, or other refrigeration.

(20) "Executive Officer" means the Executive Officer of the California Air Resources Board, or his or her delegate.

(21) "Facility" means any property, plant, building, structure, stationary source, stationary equipment or grouping of stationary equipment or stationary sources located on one or more contiguous or adjacent properties, in actual physical contact or separated solely by a public roadway or other public right-of way, and under common operational control, that includes one or more refrigeration systems or appliance subject to this subarticle. Operators of military installations may classify such installations as more than a single facility based on distinct and independent functional groupings within contiguous military properties.

(22) "Facility identification number" means a unique identification number provided by the Executive Officer for each facility with one or more refrigeration systems in operation, pursuant to section 95383.

(23) "Follow-up verification test" means those tests that involve checking the repairs within 30 days of the refrigeration system's returning to normal operating characteristics and conditions. "Follow-up verification tests" for a refrigeration system from which the refrigerant charge has been evacuated means a test conducted after the refrigeration system or portion of the refrigeration system has resumed operation at normal operating characteristics and conditions of temperature and pressure, except in cases where sound professional judgment dictates that these tests will be more meaningful if performed prior to the return to normal operating characteristics and conditions. "Follow-up verification test" for a refrigeration system from which the refrigerant charge has not been evacuated means a reverification test conducted after the initial verification test and usually within 30 days of returning to normal operating characteristics and conditions. Where a refrigeration system is not evacuated, it is only necessary to complete any required changes to return the refrigeration system to normal operating characteristics and conditions.

(24) "Full charge", "optimal charge", or "critical charge" means the amount of refrigerant required in the refrigerant circuit for normal operating characteristics and conditions of a refrigeration system or appliance, as determined by using one of the following three methods:

(25) "Global warming potential" or "GWP" means the radiative forcing impact of one mass-based unit of a given greenhouse gas relative to an equivalent unit of carbon dioxide over a given period of time.

(26) "Global warming potential value" or "GWP value" means the 100-yr GWP value first published by the Intergovernmental Panel on Climate Change (IPCC) in its Second Assessment Report (SAR) (IPCC, 1995); or if a 100-yr GWP value was not specified in the IPCC SAR, it means the GWP value published by the IPCC in its Fourth Assessment A-3 Report (AR4) (IPCC, 2007); or if a 100-yr GWP value was not specified in the IPCC AR4, then the GWP value will be determined by the Executive Officer based on data, studies and/or good engineering or scientific judgment. Both the 1995 IPCC SAR values and the 2007 IPCC AR4 values are published in table 2.14 of the 2007 IPCC AR4, which table is incorporated by reference herein. The SAR GWP values are found in column "SAR (100-yr)" of Table 2.14.; the AR4 GWP values are found in column "100 yr" of Table 2.14."

(27) "High-GWP refrigerant" means a compound used as a heat transfer fluid or gas that is:

(28) "Hydrochlorofluorocarbon" or "HCFC" means a class of compounds primarily used as refrigerants, consisting of only hydrogen, chlorine, fluorine, and carbon.

(29) "Hydrofluorocarbon" or "HFC" means a class of compounds primarily used as refrigerants, consisting of only hydrogen, fluorine, and carbon.

(30) "Indirect emissions" means any emissions that are a consequence of the activities of a facility but occur at sources owned or controlled by another person related to energy consumed for electricity, heat, steam, and cooling.

(31) "Industrial process refrigeration" means complex customized appliances used in the chemical, pharmaceutical, petrochemical and manufacturing industries that are directly linked to the industrial process. "Industrial process refrigeration" includes industrial ice machines, appliances used directly in the generation of electricity, and ice rinks. Where one appliance is used for both industrial process refrigeration and other applications, it will be considered industrial process refrigeration equipment if 50 percent or more of its operating capacity is used for industrial process refrigeration.

(32) "Industrial process shutdown" means that an industrial process or facility temporarily ceases to operate or manufacture whatever is being produced at that facility.

(33) "Initial refrigerant charge" means the quantity, in pounds, of high-GWP refrigerant added to a refrigeration system or appliance in order to bring the system to a full charge upon initial installation of a refrigeration system or appliance.

(34) "Initial verification test" means a leak test that is conducted as soon as practicable after the repair is completed. "Initial verification test" with regard to leak repairs that require the evacuation of the refrigeration system or portion of the refrigeration system, means a test conducted prior to the replacement of the full charge and before the refrigeration system or portion of the refrigeration system has reached operation at normal operating characteristics and conditions of temperature and pressure. "Initial verification test" with regard to repairs conducted without the evacuation of the full charge means a test conducted as soon as practicable after the conclusion of the repair work.

(35) "Intended to be operated year round" means a refrigeration system at a facility that is not a seasonal facility.

(36) "Leak inspection" means an inspection of a refrigeration system to detect a leak of a high-GWP refrigerant.

(37) "Low temperature refrigeration system" means a commercial or industrial process refrigeration system used for frozen products.

(38) "Medium temperature refrigeration system" means a commercial or industrial process refrigeration system used for chilled products.

(39) "Newly constructed" means a facility that is not yet operational, or that has been operational for less than 6 months.

(40) "Non-certified technician" means a person who installs, maintains, services, repairs, modifies, or disposes of refrigeration or air-conditioning appliances that does not hold a current, valid, and applicable certificate pursuant to Title 40 of the Code of Federal Regulations, Part 82, §82.161.

(41) "Non-refillable cylinder" means a cylinder with a refrigerant capacity of two pounds or greater that is designed not to be refilled and is used in the servicing, maintenance or filling of a refrigeration system, appliance, motor vehicle air-conditioning system, or heat pump equipment.

(42) "Normal operating characteristics and conditions" means a refrigeration system operating temperatures, pressures, fluid flows, speeds, and other characteristics, including full charge of the refrigeration system that would be expected for a given process load and ambient condition during operation. Normal operating characteristics and conditions are marked by the absence of atypical conditions affecting the operation of the refrigeration system.

(43) "Operating" means the use of a refrigeration system for cooling or freezing. A refrigeration system is considered to be operating or in operation for the entirety of any calendar month where it is used for cooling or freezing in any manner for more than a total of 24 hours.

(44) "Operator" means the entity having operational control of a facility.

(45) "Other refrigeration" means any stationary, non-residential appliance that is used for an application other than industrial process refrigeration, commercial refrigeration, or air-conditioning, or is used for two or more applications including industrial process refrigeration, commercial refrigeration, or air-conditioning.

(46) "Owner" means the entity having title of the facility which is subject to this subarticle.

(47) "Perfluorocarbon" or "PFC" means a class of compounds consisting only of carbon and fluorine.

(48) "Person" means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, company, federal, state, or local governmental agency or public district.

(49) "Reclaim" means to reprocess refrigerant to all of the specifications specified in Title 40, Code of Federal Regulations, Part 82, §82.152 (as amended April 13, 2005).

(50) "Recover" means to remove refrigerant in any condition from an appliance and to store it in an external container without necessarily testing or processing it in any way.

(51) "Recycle" means to extract refrigerant from an appliance and clean refrigerant for reuse without meeting all of the requirements for reclamation. In general, recycled refrigerant is refrigerant that is cleaned using oil separation and single or multiple passes through devices, such as replaceable core filter-driers, which reduce moisture, acidity, and particulate matter.

(52) "Refillable cylinder" means a cylinder with a refrigerant capacity of two pounds or greater that is designed to be refilled and is used in the servicing, maintenance or filling of a refrigeration system, appliance, motor vehicle air-conditioning system, or heat pump equipment.

(53) "Refrigerant circuit" means the parts of a refrigeration system that are normally connected to each other (or are separated by isolation valves) and are designed to contain a high-GWP refrigerant. A single refrigerant circuit is defined by all piping and components that use refrigerant from a common reservoir of a high-GWP refrigerant.

(54) "Refrigerant distributor or wholesaler" means a person to whom a product is delivered or sold for purposes of export, subsequent resale, or delivery to a certified technician, employer of a certified technician, appliance manufacturer, or another refrigerant distributor or wholesaler. "Refrigerant distributor or wholesaler" includes any person who imports refrigerant from outside of this state to distribute or sell refrigerant to a certified technician, employer of a certified technician, appliance manufacturer, or another refrigerant distributor or wholesaler, or who acts as an agent or broker in buying refrigerant.

(55) "Refrigerant leak" means any discharge of refrigerant into the atmosphere from an appliance, certified refrigerant recovery or recycling equipment, refrigerant cylinder, or other container.

(56) "Refrigerant leak detection device" means a device that can be calibrated to accurately detect and measure the ambient concentration of refrigerant at a minimum concentration level of 10 parts per million of vapor of a specific refrigerant or selection of refrigerants.

(57) "Refrigeration system" means stationary, non-residential equipment that is an industrial process refrigeration, commercial refrigeration, or other refrigeration appliance with a single refrigerant circuit that requires more than 50 pounds of any combination of high-GWP refrigerant to maintain normal operating characteristics and conditions. "Refrigeration system" does not include an air-conditioning appliance. A single refrigeration system is defined by a single refrigerant circuit.

(58) "Residential" means a residential dwelling containing four or fewer dwelling units on one lot or parcel.

(59) "Retire" means the permanent removal from service of a refrigeration system, or component, rendering it unfit for use by the current or any future owner or operator.

(60) "Retrofit" means the replacement of the refrigerant used in a refrigeration system with a refrigerant approved under the Significant New Alternatives Policy (SNAP) program pursuant to Title 40 of the Code of Federal Regulations, Part 82, §82.170, or a refrigerant approved by the Executive Officer, and related refrigeration system changes required to maintain the refrigeration system operation and reliability following refrigerant replacement.

(61) "Seasonal adjustment" means the need to add refrigerant to a refrigeration system due to a change in ambient conditions caused by a change in season, followed by the subsequent removal of refrigerant in the corresponding change in season, where both the addition and removal of refrigerant occurs within one consecutive 12-month period after the initial installation of a refrigeration system or a repair of a refrigeration system requiring evacuation or partial evacuation of the refrigerant circuit.

(62) "Seasonal facility" means a facility where the purpose of the refrigeration system(s) at a facility ceases to be required during certain seasons of the year.

(63) "Stationary" means meeting at least one of the following conditions:

(64) "System identification number" means a unique identification number for each refrigeration system at a facility. The system identification number is comprised of the facility identification number followed by a hyphen, followed by a three digit number starting at 001 sequentially assigned to each unique refrigeration system at a facility. For example, if a facility has a facility identification number of ARB000001, then the system identification number for the first refrigeration system would be ARB000001-001.

(65) "System mothballing" means the intentional shutting down of a refrigeration system for a period of time greater than 60 days by the owners or operators of that facility, where the refrigerant has been evacuated from the refrigeration system or the affected component of the refrigeration system, at least to atmospheric pressure.

(66) "Tactical support equipment" means equipment that meets military specifications, owned by the U.S. Department of Defense, the U.S. military services, or its allies, and used in combat, combat support, combat service support, tactical or relief operations, or training for such operations.

(67) "Temperature classification" means low temperature refrigeration system, medium temperature refrigeration system, or other.

(68) "Topping off" means adding refrigerant to a refrigeration system or appliance in order to bring the system to a full charge.

(69) Total Evaporator Cooling Load" means the total cooling in British thermal units (Btus) per hour required to maintain a facility's refrigeration systems at the temperature for which they are designed. The total cooling for the evaporator cooling load does not include the cooling load of a facility's heating, ventilation, and air-conditioning systems, sub-cooling, heat of rejection, or pump heat.

(70) "U.S. EPA" means the United States Environmental Protection Agency.