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

Universal Citation: 17 CA Code of Regs 95391

Current through Register 2024 Notice Reg. No. 38, September 20, 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.

(b) No person shall sell, supply, offer for sale, or distribute used high-GWP refrigerant to any person for use as a refrigerant unless the used refrigerant has first been reclaimed by a certified reclaimer.

(1) consists wholly of a class I or class II substance, as identified by Section 602 of the U.S. Clean Air Act; or

(2) is an alternative that has been found acceptable, under the Significant New Alternatives Policy (SNAP) program pursuant to Section 612 of the U.S. Clean Air Act, for the specific refrigeration or air-conditioning end-use in which it is being employed; or

(3) has been approved by the Executive Officer for the specific refrigeration or air-conditioning end-use in which it is being employed.

(d) No person shall recycle or dispose of a non-refillable cylinder before the non-refillable cylinder has been evacuated to a vacuum of 15 inches of mercury, relative to standard atmospheric pressure of 29.9 inches of mercury.

(e) No person shall distribute or sell certified refrigerant recovery or recycling equipment unless such equipment meets the levels of evacuation to be achieved by recovery or recycling equipment as specified in Title 40 of the Code of Federal Regulations, Part 82, §82.158 (as amended June 18, 2008).

(f) No person shall refill a non-refillable cylinder or use it as a temporary receiver during service.

(g) No person shall repair or modify a non-refillable cylinder in any way that allows the non-refillable cylinder to be refilled.

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.

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