Current through Register 2024 Notice Reg. No. 38, September 20, 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.
(d)
Refrigerant Leak Repair 120-Day Allowance. The owner or
operator of a refrigeration system has 120 days to repair a refrigerant leak or
replace a leaking component(s) if all of the following conditions apply:
(1) The facility owner or operator is an
entity subject to Mandatory Greenhouse Gas Emissions Reporting requirements
pursuant to section
95101 of Title 17, California Code
of Regulations; and
(2) The
refrigeration system is an industrial process refrigeration appliance;
and
(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; and
(4) Written records are maintained as
provided in section
95389 to document that all the
conditions required under this subsection are met.
(e)
Initial Verification
Test. An initial verification test must be conducted upon completion
of refrigerant leak repairs.
(f)
Follow-up Verification Test. After the initial verification
test has been conducted, a follow-up verification test must be conducted on the
complete refrigeration system. If the refrigeration system was evacuated during
the refrigerant leak repair, the follow-up verification test must be conducted
when the system is operating at normal operating characteristics and
conditions. If the refrigeration system was not evacuated during the
refrigerant leak repair, the follow-up verification test requirement of this
subsection is satisfied once required changes are made to return the
refrigeration system to normal operating characteristics and
conditions.
(g)
Refrigerant
Leak Repair Requirements After An Unsuccessful Verification Test.
(1) If either an initial verification test or
follow-up verification test indicate that a refrigerant leak is still occurring
within the refrigeration system, the owner or operator must ensure repair of
the refrigerant leak through a subsequent repair attempt(s) of the refrigerant
leak within the time required for refrigerant leak repair by subsections (b),
(c), or (d), or prepare a retrofit or retirement plan pursuant to section
95387.
(2) If a follow-up verification test pursuant
to subsection
95386(f)
indicates that a refrigerant leak has not been successfully repaired within the
14 days allowed for a refrigerant leak repair under subsection (b), and the
owner or operator does not have an approved exemption pursuant to section
95397, then the owner or operator
must either successfully repair the refrigerant leak within 45 days of the
initial refrigerant leak detection or must prepare a retrofit or retirement
plan pursuant to section
95387 within 60 days of the
initial refrigerant leak detection.
(3) If a follow-up verification test pursuant
to subsection
95386(f)
indicates that a refrigerant leak has not been successfully repaired within the
45 days allowed for a refrigerant leak repair under subsection (c), and the
owner or operator does not have an approved exemption pursuant to section
95397, the owner or operator must
prepare a retrofit or retirement plan pursuant to section
95387 within 60 days of the
initial refrigerant leak detection.
(4) If a follow-up verification test pursuant
to subsection
95386(f)
indicates that a refrigerant leak has not been successfully repaired within the
120 days allowed for a refrigerant leak repair under subsections (d), and the
owner or operator does not have an approved exemption pursuant to section
95397, the owner or operator must
prepare a retrofit or retirement plan pursuant to section
95387 within 135 days of the
initial refrigerant leak detection.
(h)
Refrigerant Leak Repair
Contractors License Requirement.
(1)
Except as provided below in subsection(h)(2), all refrigerant
leaks must be repaired by a certified technician holding a current and active
California contractors license in the C38 -- Refrigeration Contractor licensing
classification, or by an employee of a contractor with these qualifications. If
the refrigeration system requiring service is also used in an air-conditioning
application, it is acceptable for the refrigerant leak to be repaired by a
certified technician holding a current and active California contractors
license in the C20 -- Warm-Air Heating, Ventilating and Air-Conditioning
Contractor licensing classification, or by an employee of a contractor with
these qualifications.
(2) A current
and active California contractors license is not required if:
(A) the refrigeration system service or
refrigerant leak repair is performed by the facility owner or operator or its
employees with wages as sole compensation, or
(B) the refrigeration system service or
refrigerant leak repair is performed by the facility owner or operator through
one undertaking or by one or more contracts, and the aggregate contract price
for labor, materials, and all other items is less than five hundred dollars
($500), or
(C) the refrigeration
system service or refrigerant leak repair is performed pursuant to a contract
entered into before January 1, 2011, by any political subdivision of the United
States government or the State of California, or by any incorporated town,
city, county, irrigation district, reclamation district, or other municipal or
political corporation.
(i)
Refrigerant Leak Repair
Requirements During System Mothballing. The leak repair requirements
of this section shall not apply during the time that a refrigeration system is
undergoing or is in system mothballing. The leak repair requirements of this
section shall resume on the day that the refrigeration system resumes operation
at a facility.
(j)
Refrigerant Leak Repair Requirements Exemption. If the owner
or operator of a refrigeration system has received an exemption from the
Executive Officer pursuant to section
95397, a refrigerant leak repair
is not required during the time period the exemption is in effect. If the owner
or operator of a refrigeration system has submitted a request for an exemption
pursuant to section
95397, a refrigerant leak repair
is not required until a final exemption determination is made by the Executive
Officer. A written record(s) must be kept pursuant to section
95389 to document that the owner
or the operator has requested or received an exemption.
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.
