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 95373 - Definitions
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) For the purposes of this subarticle, the following definitions shall apply:
"Aerosol" means a product with a pressurized spray system that dispenses product ingredients by means of a propellant contained in a product or a product's container, or by means of a mechanically induced force.
"Air-conditioning (AC) Equipment" or "Air-conditioning System" means equipment that cools, heats or dehumidifies spaces in residential or non-residential settings for comfort cooling and other purposes, including, but not limited to, room air conditioning such as window units, packaged terminal air conditioners (PTACs), packaged terminal heat pumps (PTHPs), residential dehumidifiers, and portable air conditioners; ducted central air conditioners and heat pumps; non-ducted air conditioners and heat pumps (both mini- and multi-splits); packaged rooftop units; water-source and ground-source heat pumps; and other dehumidifiers. "Air-conditioning equipment" also includes computer room and data center cooling and remote condensing units for comfort cooling applications. Chillers are defined separately from "air-conditioning equipment." "Air-conditioning equipment" refers to stationary air-conditioning equipment and does not include mobile air-conditioning equipment, including that used in vehicles, rail and trains, buses, aircraft, watercraft, recreational vehicles, recreational trailers, and campers.
"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.
"Air Pollution Control Officer" or "APCO" means the appointed head of a local air quality management district or air pollution control district (Air District) whose appointment and duties are set forth in Health and Safety Code sections 40750- 40753.
"Applicant" means any person who sells, leases, rents, installs, uses, or otherwise enters into commerce, in the State of California, any substance in end-uses listed in Table 1, section 95374(a); Table 2, section 95374(b); Table 3, section 95374(c); or Table 4, section 95374(d) of this subarticle who applies for a variance under section 95378 of this subarticle. Trade groups are not applicants.
"Baseline Greenhouse Gas Potential" or "Baseline GHGp" means the greenhouse gas potential (GHGp) of a company's retail food facilities at the end of calendar year 2019. The baseline GHGp will be revised when any of the following occur:
"Bear Spray" means an aerosol that has active ingredients of capsaicin and related capsaicinoids and is used to deter aggressive or charging bears.
"Blowing Agent" or "Foam Blowing Agent" or "Foam Expansion Agent" or "Foaming Agent" means a substance that functions as a source of gas to generate bubbles or cells in the mixture during the formation of foam.
"Capital Cost" means an expense incurred in the production of goods or in rendering services, including, but not limited to, the cost of engineering, purchase, and installation of components or systems, and instrumentation, and contractor and construction fees.
"Certified Reclaimed Refrigerant" means used (recovered) refrigerant that has been reclaimed by a U.S. EPA-certified refrigerant reclaimer from a previously operational appliance and meets all of the following conditions:
"Change in Ownership" means a transfer of the title of a facility subject to this subarticle.
"Charge" or "Refrigerant Charge" means the amount of refrigerant by mass contained in a refrigeration system. Charge is generally measured by grams, ounces, pounds, or kilograms.
"Charge Reduction" means to reduce the refrigerant full charge amount through a mechanical system change in the refrigeration circuit and not simply through a nominal full charge change.
"Chiller" means a water or heat transfer fluid chilling equipment package custom built in place, or a factory-made and prefabricated assembly of one (1) or more compressors, condensers and evaporators, with interconnections and accessories including controls, designed for the purpose of cooling or heating water or a heat transfer fluid. A "chiller" is a machine specifically designed to make use of a vapor compression refrigeration cycle or absorption refrigeration cycle to transfer heat from a cold water or heat transfer fluid circulating system to the air, a heat transfer fluid, or another heat exchange media. "Chillers" can be water-cooled, air-cooled, or evaporatively cooled, and include, but are not limited to, rotary chillers, centrifugal chillers, and positive displacement chillers, including reciprocating, scroll, and screw chillers. "Chillers" include those used for comfort cooling, space and area cooling, or industrial process cooling. A chiller used for refrigeration in a retail food facility is considered an indirect type of "supermarket system."
"Class I Substance" means any ozone-depleting compound defined in the Clean Air Act, as amended, 42 U.S.C. section 7671(3) (effective November 15, 1990).
"Class II Substance" means any ozone-depleting compound defined in the Clean Air Act, as amended, 42 U.S.C. section 7671(4) (effective November 15, 1990).
"Cold Storage" means a refrigerated facility or warehouse used for the storage of temperature-controlled substances.
"Commercial Ice Machine" means a non-residential ice machine and/or ice maker used in a commercial establishment to produce ice artificially for consumer use, including, but not limited to, a hotel, restaurant, or convenience store.
"Company" means all businesses, affiliates, brands, or subsidiaries or franchises, owned or operated by the same parent company.
"Component" means a part of a refrigeration system, including, but not limited to, condensing units, compressors, condensers, evaporators, and receivers; and all of its connections and subassemblies, without which the refrigeration system will not properly function or will be subject to failures.
"Cumulative Replacement" means the addition of or change in multiple components within a three-year period.
"Date of Manufacture" means:
"End-use" means processes or classes of specific applications within industry sectors, such as those listed in Tables 1 through 4 of section 95374 of this subarticle.
"Executive Officer" means the Executive Officer of the California Air Resources Board or his or her delegate.
"Executive Order" means an order issued by the Executive Officer of CARB that authorizes a variance from the requirements of sections 95374 and 95375, and specifies the variance duration with enforceable conditions and requirements necessary to support the variance.
"Flexible Polyurethane" means a non-rigid polyurethane foam including, but not limited to, that used in furniture, bedding, chair cushions, and shoe soles.
"Foam" means a product with a cellular structure formed via a foaming process in a variety of materials that undergo hardening via a chemical reaction or phase transition.
"Foam System" means a multipart liquid material that expands when mixed to form a solid or flexible substance in which thin films of material separate pockets of gas.
"Force Majeure Event" means a sudden and unforeseeable event involving a clear danger, demanding action to prevent or mitigate the loss of, or damage to, life, health, property, or essential public services, arising from causes beyond the control of the Applicant, which delays or prevents the performance of any obligation under this subarticle, despite the Applicant's best efforts to fulfill the obligation. This includes events where the local government, State of California, or federal government issues a declaration of emergency, such as war, wildfires, floods, hurricanes, tornadoes, earthquakes, volcanic eruptions, and pandemics. This does not include negligent acts or the Applicant's financial inability to perform that is unrelated to an event as defined in this section.
"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 or a combination of the following four methods:
"Global Warming Potential," "GWP," "Global Warming Potential Value," or "GWP Value" means the 100-year GWP value first published by the Intergovernmental Panel on Climate Change (IPCC) in its Fourth Assessment Working Group 1 Report (AR4) (IPCC, 2007); and if not contained in AR4, then the GWP Value means the 100-year GWP value published by the IPCC in its Fifth Assessment Working Group 1 Report (AR5) (IPCC 2013).
"Greenhouse Gas" or "GHG" means carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), nitrogen trifluoride (NF3) sulfur hexafluoride (SF6), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and other fluorinated gases.
"Greenhouse Gas Potential" or "GHGp" means:
GHGp = [SIGMA] (Charge x GWP)
Where:
[SIGMA] is the sum of the products of charge multiplied by the GWP for each separate type of refrigerant.
"Heat Transfer Fluid" means any gas or liquid used for the purpose of transmitting heat from one place to another.
"Household Refrigerators and Freezers" means appliances used to keep food and beverages cool, and includes refrigerators, refrigerator-freezers, freezers, and miscellaneous household refrigeration appliances intended for residential use.
"Household Refrigerators and Freezers - Built-in" means any household refrigerator or freezer that meets all of the following:
"Household Refrigerators and Freezers - Compact" means any household refrigerator or freezer with a total refrigerated volume of less than 7.75 cubic feet (220 liters).
"Hydrofluorocarbon" or "HFC" means a class of GHGs that are organic compounds containing hydrogen, fluorine, and carbon; primarily used as refrigerants, foam blowing agents, aerosols-propellants, solvents, and fire suppressants.
"Ice Rink" means a frozen body of water and/or hardened chemicals, including, but not limited to, professional ice skating rinks and those used by the general public for recreational purposes.
"Impossibility" means the Applicant exercised best efforts but still was unable to comply with the regulatory requirements of this subarticle for reasons beyond his or her control despite exercising foresight to prevent the noncompliance.
"Industrial Process Refrigeration" means to cool process streams at a specific location in manufacturing and other forms of industrial processes and applications. These are complex, customized systems that are directly linked to the industrial process. Where one appliance is used for both industrial process refrigeration and other applications, it will be considered an industrial process refrigeration system if 50 percent or more of its operating capacity is used for industrial process refrigeration. Industrial process refrigeration or cooling using a chiller is regulated as a chiller. Industrial process refrigeration not using a chiller is regulated as industrial process refrigeration equipment.
"Integral Skin Polyurethane" means a self-skinning polyurethane foam, including, but not limited to, that used in car steering wheels and dashboards.
"Low Temperature Refrigeration System" means a commercial or industrial process refrigeration system that maintains food, beverages, or other items at temperatures at or below 32 degrees Fahrenheit (0 degrees Celsius).
"Medium Temperature Refrigeration System" means a commercial or industrial process refrigeration system that maintains food, beverages, or other items at temperatures above 32 degrees Fahrenheit (0 degrees Celsius).
"Metered Dose Inhaler" or "Medical Dose Inhaler" or "MDI" means a device that delivers a measured amount of medication as a mist that a patient can inhale and consists of a pressurized canister of medication in a case with a mouthpiece.
"Motor-bearing" means refrigeration equipment containing motorized parts. This includes compressors, condensers, and evaporators.
"National Supermarket Chain" means a retail food chain, brand name, or business operating more than 100 retail food facilities in the United States.
"New Air-conditioning Equipment" means any air-conditioning equipment or system that is one of the following:
"New Chiller" or "New Chiller Equipment" means any chiller equipment or chiller system end-use sectors listed in Table 3, section 95374(c) that is:
"New Facility" means any of the following:
"New Refrigeration Equipment" means either of the following:
"Operate" means to have operational control of the facility.
"Operator" means the person or entity having operational control of the facility.
"Other Air-conditioning" or "Other Air-conditioning Equipment" means any residential or non-residential air-conditioning equipment or air-conditioning system not otherwise defined as "room air conditioner," "wall air conditioner," "window air conditioner," "packaged terminal air conditioner (PTAC)," "packaged terminal heat pump (PTHP)," "portable air conditioner," "residential dehumidifier," or "variable refrigerant flow (VRF) system."
"Other Refrigeration" means any stationary, non-residential refrigeration equipment that is used for an application other than retail food refrigeration, cold storage, ice rinks, industrial process refrigeration, or air-conditioning; or is used for two or more applications including retail food refrigeration, cold storage, ice rinks, industrial process refrigeration, commercial refrigeration, or air-conditioning.
"Own" means to have legal title to a facility that is subject to this subarticle.
"Owner" means the person having legal title to a facility that is subject to this subarticle.
"Packaged Terminal Air Conditioner" or "PTAC" means a wall sleeve and a separate unencased combination of heating and cooling assemblies specified by the builder and intended for mounting through a wall. It includes a prime source of refrigeration, separable outdoor louvers, forced ventilation, and heating availability by builder's choice of energy.
"Packaged Terminal Heat Pump" or "PTHP" means a packaged terminal air conditioner that utilizes reverse cycle refrigeration as its prime heat source and can have supplementary heating availability by builder's choice of energy.
"Person" means any individual, firm, association, organization, manufacturer, distributor, partnership, business trust, corporation, limited liability company, company, state, or local governmental agency or public district.
"Phenolic Insulation Board and Bunstock" means phenolic insulation manufactured by a process in which a plastic foam forms an insulating core between two flexible tissue faced layers, or produced by mixing high solids and phenolic resin with a surface acting agent, including, but not limited to, that used for roofing and walls insulation. Bunstock or bun stock is a large solid box-like structure formed during the production of polystyrene insulation.
"Polyolefin" means foam sheets and tubes made of a macromolecule formed by the polymerization of olefin monomer units.
"Polystyrene Extruded Boardstock and Billet (XPS)" means a foam formed from polymers of styrene and produced on extruding machines in the form of foam slabs that can be cut and shaped into panels used for purposes including, but not limited to, roofing, walls, flooring, and pipes.
"Polystyrene Extruded Sheet" means polystyrene foam including that used for packaging, including, but not limited to, products made into food-service items, including hinged polystyrene containers (for "takeout" from restaurants); food trays (meat and poultry), plates, bowls, and retail egg containers.
"Polyurethane" means a polymer formed principally by the reaction of an isocyanate and a polyol. "Polyurethane" includes polyisocyanurate ("polyiso").
"Portable Air Conditioner" means a portable encased assembly, other than a "packaged terminal air conditioner," "room air conditioner," or "dehumidifier," that delivers cooled, conditioned air to an enclosed space, and is powered by single-phase electric current. It includes a source of refrigeration and may include additional means for air circulation and heating.
"Propellant" means a liquefied or compressed gas that is used in whole or in part, such as a cosolvent, to expel a liquid or any other material from the same self-pressurized container or from a separate container.
"Refrigerant" or "Refrigerant Gas" means any substance, including blends and mixtures, that is a compound or gas used in vapor compression cycle refrigeration for heat transfer purposes and provides a cooling or warming effect.
"Refrigerant Blend" is a mixture or combination of two or more single-component refrigerants.
"Refrigerated Food Processing and Dispensing Equipment" means equipment that dispenses and/or processes a variety of food and beverage products by either combining ingredients, mixing or preparing them at the proper temperature, or by function as a holding tank to deliver the product at the desired temperature or to deliver chilled ingredients for the processing, mixing and preparation. Some may use a refrigerant in a heat pump, or utilize waste heat from the cooling system to provide hot beverages. Some may also provide heating functions to melt or dislodge ice or for sanitation purposes. This equipment can be self-contained or connected by piping to a dedicated condensing unit located elsewhere. Equipment within this end-use category include but are not limited to: chilled and frozen beverages (carbonated and non-carbonated, alcoholic and nonalcoholic); frozen custards, gelato, ice cream, Italian ice, sorbets and yogurts; milkshakes, "slushies" and smoothies, and whipped cream.
"Refrigeration" means the use of a refrigerant gas to mechanically move heat from one region to another to create a cooled region via a vapor compression cycle.
"Refrigeration Equipment" or "Refrigeration System" means any stationary device that is designed to contain and use refrigerant gas, including any device listed in section 95374(a), Table 1 under the general end-use "Refrigeration," section 95374(b), Table 2 under the general end-use "Household Refrigerators and Freezers," section 95374(c), Table 3 under the general end-use "Cold Storage Warehouses," "Industrial Process Refrigeration," or "Ice Rinks," or section 95374(d), Table 4 under the general end-use "Retail Food Refrigeration." For a device with multiple independent circuits, each circuit is considered a separate article of equipment. Refrigeration equipment is used in retail food refrigeration, cold storage, industrial process refrigeration and cooling (not using a chiller), ice rinks, and other refrigeration applications.
"Refrigerant Registration and Reporting System" or "R3 Database" means the web-based tool for registration, reporting, and fee payment by facilities using at least one refrigeration system containing more than 50 pounds of refrigerant.
"Remote Condensing Units" means refrigeration equipment or units that have a central condensing portion and may consist of one (and sometimes two) compressor(s), one condenser, and one receiver assembled into a single unit, which is normally located external to the sales area. The condensing portion (and often other parts of the system) is located outside the space or area cooled by the evaporator. Remote condensing units are commonly installed in convenience stores, specialty shops (e.g., bakeries, butcher shops), supermarkets, restaurants, and other locations where food is stored, served, or sold.
"Residential Consumer Refrigeration Products" include "Household Refrigerators and Freezers," "Household Refrigerators and Freezers - Compact," and "Household Refrigerators and Freezers - Built-in." "Residential Consumer Refrigeration Products" do not include refrigerators and freezers used in aircraft, watercraft, passenger vehicles, recreational vehicles, recreational trailers, or campers. "Residential Consumer Refrigeration Products" do not include refrigerators and freezers used in hospitals, medical facilities, pharmacies, research facilities, or laboratories for the storage of items other than food and beverages.
"Residential Dehumidifier" means a residential air-conditioning product, other than a "portable air conditioner," "room air conditioner," or "packaged terminal air conditioner (PTAC)," that is a self-contained, electrically operated, portable, and mechanically encased assembly consisting of:
"Responsible Official" means one of the following representatives with authority to bind and make decisions:
"Retail Food Facility" means a facility that sells food and uses at least one retail food refrigeration equipment unit or refrigeration system with more than 50 pounds of a refrigerant with a GWP value of 150 or greater. "Retail food facility" includes supermarkets, grocery stores, and all other food merchandising stores.
"Retail Food Refrigeration" or "Commercial Refrigeration" means equipment designed to store and display chilled or frozen goods for commercial sale or use. This end-use includes, but is not limited to, the following categories of equipment: stand-alone units (equipment), refrigerated food processing and dispensing units (equipment), remote condensing units, and supermarket systems.
"Retirement" 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.
"Retrofit" or "Refrigerant Retrofit" means the replacement of the refrigerant used in refrigeration equipment with a different refrigerant, and any related changes to the refrigeration equipment required to maintain its operation and reliability following refrigerant replacement.
"Rigid Polyurethane" means a rigid closed-cell foam made of polyurethane.
"Rigid Polyurethane Appliance Foam" means polyurethane foam used for insulation in domestic appliances.
"Rigid Polyurethane Commercial Refrigeration and Sandwich Panel" means polyurethane foam used for insulation in walls and doors, including that used for commercial refrigeration equipment, refrigerated transport trailers, and garage doors.
"Rigid Polyurethane High-pressure Two-component Spray Foam" means a liquid polyurethane foam system sold as two parts (i.e., A-side and B-side) in non-pressurized containers that is field or factory applied onsite using high-pressure proportioning pumps at 800-1600 pounds per square inch (psi) and an application gun to mix and dispense the chemical components.
"Rigid Polyurethane Laminated Boardstock and Polyisocyanurate Laminated Boardstock" means laminated board insulation made with polyurethane or polyisocyanurate foam, including, but not limited to, that used for roofing and walls.
"Rigid Polyurethane Low-pressure Two-component Spray Foam" means a liquid polyurethane foam system sold as two parts (i.e., A-side and B-side) in containers that are pressurized to less than 250 psi during manufacture of the system for application without pumps that is typically applied onsite relying upon a liquid and/or gaseous foam blowing agent that also serves as a propellant.
"Rigid Polyurethane Marine Flotation Foam" means a buoyancy or flotation polyurethane foam used in boat and ship manufacturing for both structural and flotation purposes.
"Rigid Polyurethane One-component Foam Sealant" means a polyurethane foam generally packaged in an aerosol can that is applied onsite using a gaseous foam blowing agent that is also the propellant for the aerosol formulation.
"Rigid Polyurethane Slabstock and Other" means rigid polyurethane foam formed into slabstock insulation for panels and fabricated shapes for pipes and vessels.
"Room Air Conditioner," "Wall Air Conditioner," or "Window Air Conditioner" means a consumer product, other than a "packaged terminal air conditioner," that is powered by single-phase electric current and is an encased assembly designed as a unit for mounting in a window or through a wall for the purpose of providing delivery of conditioned air to an enclosed space. It includes a prime source of refrigeration and may include a means for ventilating and heating.
"Stand-alone Units or Equipment" means refrigerators, freezers, and reach-in coolers (either open or with doors) where all refrigeration components are integrated and, for the smallest types, the refrigeration circuit is entirely brazed or welded. These systems are fully charged with refrigerant at the factory and typically require only an electricity supply to begin operation. "Stand-alone Units or Equipment" does not include commercial ice machines.
"Stationary" means the system meets at least one of the following conditions:
"Substance" means any chemical, product substitute, or alternative manufacturing process, whether new or retrofit, intended for use in the end-uses listed in Table 1, section 95374(a); Table 2, section 95374(b); Table 3, section 95374(c); or Table 4, section 95374(d) of this subarticle.
"Supermarket Systems" means multiplex or centralized systems designed to cool or refrigerate, which operate with rack(s) of compressors installed in a machinery room. Two main design classifications are used: direct and indirect systems.
"Use" means any utilization of a compound or any substance, including, but not limited to, utilization in a product in California, consumption by the end-user in California, or in intermediate applications in California, such as formulation or packaging for subsequent applications.
"Variable Refrigerant Flow (VRF) System" or "Variable Refrigerant Volume (VRV) System" means an engineered direct expansion (DX) multi-split system incorporating the following: a split system air-conditioner or heat pump incorporating a single refrigerant circuit that is a common piping network to two or more indoor evaporators each capable of independent control, or compressor units. "VRF systems" contain a single module outdoor unit or combined module outdoor units with at least one variable capacity compressor that has three or more stages, with air or water as the heat source.
"Vending Machine" means a self-contained unit that dispenses goods that must be kept cold or frozen.
"Very Low Temperature Refrigeration or Cooling" means a refrigeration or cooling system that maintains temperatures below -58 degrees Fahrenheit (-50 degrees Celsius), including, but not limited to, medical and laboratory freezers, specialized industrial process cooling applications, and extreme temperature environmental testing.
"Weighted-average GWP" means [SIGMA] (charge x GWP)/ [SIGMA] charge
Where:
Charge equals the pounds of each separate type of refrigerant, refrigerant blend, or heat transfer fluid used in refrigeration equipment and systems.
[SIGMA] in the numerator is the sum of the products of charge multiplied by the GWP for each separate type of refrigerant.
[SIGMA] in the denominator is the sum of all pounds of refrigerant charge in all refrigeration equipment with more than 50 pounds of refrigerant.
1. New
section filed 12-27-2018; operative 12-27-2018 pursuant to Government Code
section
11343.4(b)(3)
(Register 2018, No. 52).
2. Change without regulatory effect
amending first paragraph of subsection (a) and amending NOTE filed 1-3-2020
pursuant to section
100, title 1, California Code of
Regulations (Register 2020, No. 1).
3. Amendment of section and NOTE
filed 12-29-2021; operative 1-1-2022 pursuant to Government Code section
11343.4(b)(3)
(Register 2021, No. 53). (Filing deadline specified in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order
N-40-20.)
Note: Authority cited: Sections 38560, 38562, 39600, 39601, 39734 and 41511, Health and Safety Code. Reference: Sections 38510, 38560, 38562, 38566, 38580, 39600, 39601, 39730, 39730.5, 39734 and 41511, Health and Safety Code.
