Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Exemption Criteria. The owner or operator of facility with a
refrigeration system may request the Executive Officer for an exemption from
the requirements of section
95386 and section
95387. To request an exemption,
the applicant must follow the application procedure specified in subsection
95397(b), and
must demonstrate that the criteria for one or more of the three exemptions
allowed by this section have been satisfied. Information submitted pursuant to
this section shall be handled in accordance with the provision of section
95394. The Executive Officer may
approve the following exemptions:
(1)
Emissions Lifecycle Exemption. The Executive Officer may allow
the continuation of a refrigerant leak for a specified time period of no longer
than three years if the Executive Officer determines that the applicant has
provided clear and convincing documentation that the refrigerant leak cannot be
repaired and that allowing the refrigerant leak to continue will result in less
combined direct and indirect emissions than replacing the leaking refrigeration
system. The documentation must include information quantifying the lifecycle
direct emissions and indirect emissions, including energy use, and must include
a calculation of these emissions based on the average lifetime of the
refrigeration system or facility. The applicant must also provide a mitigation
plan that includes a list of proposed actions to minimize emissions. The plan
must include an analysis of options to minimize usage, reduce leaks or venting,
and recycle or destroy high-GWP refrigerant.
(2)
Economic Hardship
Exemption. The Executive Officer may allow the continuation of a
refrigerant leak for a specified time period of no longer than three years if
the Executive Officer determines that the applicant has provided clear and
convincing documentation that all of the following criteria are met:
(A) Compliance would result in extraordinary
economic hardship, such as closure of the entire facility or a large portion of
the facility, or loss of a large portion of the revenue from the facility;
and
(B) The applicant has prepared
a compliance report that can be implemented and will achieve compliance as
expeditiously as possible. The compliance report must reasonably detail when
compliance will be achieved and the method by which compliance will be
achieved.
(3)
Natural Disaster Exemption. The Executive Officer may allow
the continuation of a refrigerant leak for a specified time period of no longer
than three years if the Executive Officer determines that the applicant has
provided clear and convincing documentation that failure to satisfy the
conditions set forth in this subarticle was due to a natural disaster such as
an earthquake or flood, an act of war or an act by a public enemy, or a civil
disorder or riot.
(4) Any exemption
granted pursuant to subsection
95397(a)(1), (a)(2), or
(a)(3) may be extended for one or more
additional periods of up to three years if the Executive Officer determines
that the demonstration made pursuant to 95397(a)(1), (a)(2), or (a)(3) remains
valid.
(b)
Application for Exemptions.
(1) To apply for an exemption the applicant
must submit a written application demonstrating that the criteria have been met
for one or more of the three exemptions specified in subsection (a).
(2) Within 30 days of receipt of the
exemption application the Executive Officer shall determine whether the
application is complete, and shall notify the applicant of this
determination.
(3) If the exemption
application is determined to be incomplete, the Executive Officer shall notify
the applicant and specify the specific information needed to make the
application complete.
(4) Within 90
days after an application is determined to be complete, the Executive Officer
shall determine whether and under what conditions an exemption will be
permitted. The applicant and the Executive Officer may mutually agree to a
longer time period for reaching a decision. During the review period, the
Executive Officer may request, and the applicant shall provide, such additional
information that is reasonably necessary to the decision. The applicant may
also on his or her own initiative submit additional supporting documentation
before a decision has been reached. The Executive Officer shall notify the
applicant of the decision in writing and shall specify such terms and
conditions as are necessary to insure that emissions will be minimized, and
that the criteria specified in subsection (a) will continue to be met. Such
conditions may include, but are not limited to, a requirement that best
management practices be followed or that the applicant must implement the
mitigation plan submitted by the applicant or mitigation measures identified by
the Executive Officer.
(c) The exemption shall cease to be effective
upon the failure of the person to whom the exemption was granted to comply with
any term or condition of the exemption.
(d)
Revocation or Modification of An
Exemption. If the Executive Officer determines that an exemption no
longer meets the criteria specified in subsection (a) of this section, the
Executive Officer may revoke or modify the exemption as necessary to insure
that the exemption continues to meet the criteria.
(e)
Effect of Denial or Revocation of
an Exemption. Except as provided below in subsections (e)(1) and
(e)(2), if an applicant for an exemption is denied, or an existing exemption is
revoked, within 14 days of a notice of such denial or revocation the
refrigerant leak must be repaired, or within 30 days of a notice of such denial
or revocation the owner or operator of the facility must prepare a retrofit or
retirement plan in accordance with subsection
95387(a)(2). The
plan must establish a schedule to retrofit or retire a leaking refrigeration
system no later than six months after a notice of denial or revocation, and all
work must be completed during this six-month period.
(1) The time requirements for refrigerant
leak repair under subsection (b), (c), or (d) of section
95386 remain applicable and are
not reduced if an exemption is denied, or an existing exemption is
revoked.
(2) The time requirements
for the preparation and implementation of a retrofit or retirement plan under
subsection (a) of section
95387 remain applicable and are
not reduced if an exemption is denied, or an existing exemption is
revoked.
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.
