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 95375 - Prohibitions, Exceptions, Registration, Recordkeeping, Reporting, Labeling, and Disclaimer Requirements

Universal Citation: 17 CA Code of Regs 95375

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

(a) Requirements Applicable to Table 1 of Section 95374(a).

(1) Prohibitions. No person shall sell, lease, rent, install, use, or otherwise enter into commerce in the State of California any refrigeration equipment or foam system manufactured after the effective date that does not comply with Table 1 of section 95374(a) of this subarticle.

(2) Exceptions. The following exceptions apply to the list of prohibited substances or the effective dates for prohibited substances for end-uses identified in Table 1 of section 95374(a) of this subarticle:

(A) Foam End-Uses. The effective dates for all foam end-uses identified in Table 1 of section 95374(a) of this subarticle are extended to January 1, 2022, for military end-uses and January 1, 2025, for space- and aeronautics-related end-uses where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements. For rigid polyurethane laminated boardstock and polyisocyanurate laminated boardstock, polystyrene extruded sheet, and phenolic insulation board and bunstock, these same extensions include closed-cell foam products and products containing closed-cell foams manufactured with the applicable prohibited substances on or before these dates.

(B) Very Low Temperature Refrigeration or Cooling Uses. The prohibitions for refrigeration end-uses identified in Table 1 of section 95374(a) do not apply to refrigeration equipment used for Very Low Temperature Refrigeration or Cooling.

(C) Refrigeration End-Uses. Replacement of a refrigeration component in refrigeration equipment or a system in an existing facility as part of the normal maintenance of refrigeration equipment, if the cumulative replacement of components within any three-year period does not exceed 50 percent of the capital cost of replacing the entire refrigeration equipment or system, excluding the cost of refrigerated display cases.

(3) Disclosure and Recordkeeping for Refrigeration End-Use Categories.

(A) Disclosure Statement. Any person who manufactures motor-bearing new refrigeration equipment for sale or entry into commerce in the State of California must provide a written disclosure to the buyer. The required written disclosure must state: "This equipment meets the regulatory requirements for hydrofluorocarbons as of the manufacturing date. Only those refrigerants allowable in the state for specific end uses may be used."

(B) Recordkeeping. Any person who manufactures motor-bearing new refrigeration equipment for sale or entry into commerce in the State of California must maintain for five years and make available, upon request by the Executive Officer, a copy of the following records:

1. Name and address of the person purchasing the equipment at the time of purchase.

2. Telephone number and email address of the person purchasing the equipment at the time of purchase, if provided to the manufacturer.

3. Model and serial number of the equipment. When the affected equipment is part of an assembly without an individual serial number, the serial number of each component must be recorded. If the equipment or a component does not have an individual serial number or the serial number is inaccessible after assembly, the physical description must be recorded in enough detail for positive identification.

4. Date of manufacture of the equipment.

5. Date of sale of the equipment.

6. The refrigerant type(s) the equipment is designed to use.

7. The refrigerant and full charge capacity of the equipment, where available.

8. A copy of the disclosure statement made available to the person purchasing the equipment or recipient of the new refrigeration equipment.

(4) Recordkeeping for Foam End-Use Categories.

(A) The recordkeeping requirements of this section do not apply to any end-use category listed in Table 2 of section 95374(b) of this subarticle. Any person who manufactures a foam system in any end-use category listed in Table 1 of section 95374(a) of this subarticle for sale or entry into commerce in the State of California must maintain for five years and make available, upon request by the Executive Officer, a copy of the following records:

1. Name and address of the person purchasing the foam system at the time of purchase.

2. Telephone number and email address of the person purchasing the foam system at the time of purchase, if provided to the manufacturer.

3. The type of foam end-use category.

4. Date of manufacture of the foam system.

5. Date of sale of the foam system.

6. The blowing agent used in the foam system.

(B) Foam end-uses that no longer use any prohibited substance listed in section 95374(a) may provide the California Air Resources Board with an attestation under penalty of perjury that the end-use does not use a prohibited substance and this shall serve as compliance with section 95375(a)(4). All attestations shall be sent to CARB at HFCREDUCTION@ARB.CA.GOV.

(b) Requirements Applicable to Table 2 of Section 95374(b).

(1) Prohibitions. No person shall sell, lease, rent, install, use, or otherwise enter into commerce in the State of California any end-use equipment or product manufactured after the effective date that does not comply with the requirements of Table 2 of section 95374(b) of this subarticle.

(2) Exceptions. The following exceptions apply to the list of prohibited substances or the effective dates for prohibited substances for end-uses identified in Table 2 of section 95374(b) of this subarticle:

(A) Foam End-Uses. Except where specified below, the effective dates for foam end-uses identified in Table 2 of section 95374(b) of this subarticle are extended to January 1, 2022, for military applications and January 1, 2025, for space- and aeronautics-related applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements, including closed-cell foam products and products containing closed-cell foams manufactured with the applicable prohibited substances on or before these dates.

1. Polystyrene Extruded Boardstock and Billet. The prohibited substances for polystyrene extruded boardstock and billet are acceptable for use in this specific end-use from January 1, 2021, until January 1, 2022, in military applications and until January 1, 2025, for space- and aeronautics-related applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements. Closed-cell foam products and products containing closed-cell foams manufactured with the prohibited substances for polystyrene extruded boardstock and billet on or before January 1, 2022, for military applications or on or before January 1, 2025, in space- and aeronautics-related applications, may be used after those dates.

2. Rigid Polyurethane High-Pressure Two-Component Spray Foam ("High-Pressure RP"). The prohibited substances for High-Pressure RP are acceptable for use in High-Pressure RP from January 1, 2020, until January 1, 2025, only in military or space- and aeronautics-related applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements. Closed-cell foam products and products containing closed-cell foams manufactured with the prohibited substances for High-Pressure RP on or before January 1, 2025, may be used after that date.

3. Rigid Polyurethane Low-Pressure Two-Component Spray Foam ("Low-Pressure RP"). The prohibited substances for Low-Pressure RP are acceptable for use in Low Pressure RP from January 1, 2021, until January 1, 2025, only in military or space- and aeronautics-related applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements. Low pressure two-component spray foam kits manufactured with the prohibited substances for Low-Pressure RP on or before January 1, 2025, for military or space- and aeronautics-related applications may be used after that date.

(B) Aerosols - Propellants End-Uses (HFC-134a). HFC-134a is allowed in the following specific aerosol propellant end-uses:

1. Cleaning products for removal of grease, flux and other soils from electrical equipment or electronics;

2. Refrigerant flushes;

3. Products for sensitivity testing of smoke detectors;

4. Sprays containing corrosion-preventive compounds used in the maintenance of aircraft, electrical equipment or electronics, or military equipment;

5. Duster sprays specifically for removal of dust from photographic negatives, semiconductor chips, and specimens under electron microscopes, and energized electrical equipment;

6. Adhesives and sealants in large canisters;

7. Lubricants and freeze sprays for electrical equipment or electronics;

8. Sprays for aircraft maintenance;

9. Pesticides for use near electrical wires or in aircraft, in total release insecticide foggers, or in certified organic use pesticides for which the U.S. EPA has specifically disallowed all other lower-global warming potential (GWP) propellants;

10. Mold release agents and mold cleaners;

11. Lubricants and cleaners for spinnerettes for synthetic fabrics;

12. Document preservation sprays;

13. Metered dose inhalers (MDIs) approved by the U.S. Food and Drug Administration (FDA) for medical purposes;

14. Wound care sprays;

15. Topical coolant sprays for pain relief;

16. Products for removing bandage adhesives from skin; and

17. Bear spray.

(C) Aerosols - Propellants End-Uses (Other). HFC-227ea and blends of HFC-227ea and HFC-134a are allowed in metered dose inhalers (MDIs) approved by the U.S. Food and Drug Administration (FDA) for medical purposes.

(2) Exceptions. The following exceptions apply to the list of prohibited substances or the effective dates for prohibited substances for end-uses identified in Table 3 of section 95374(c) of this subarticle:

(A) Chillers. New centrifugal chillers and new positive displacement chillers are allowed to use HFC-134a for military marine vessels and allowed to use R-404A and HFC-134a for human-rated spacecraft and related support equipment where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements.

(B) Refrigeration Equipment with 50 Pounds of Refrigerant or Less. The prohibitions in Table 3, section 95374(c), do not apply to any refrigeration equipment, cold storage equipment, or industrial process refrigeration equipment, or any non-residential refrigeration equipment not otherwise categorized as retail food refrigeration, cold storage, or industrial process refrigeration that contains 50 pounds of refrigerant or less.

(C) Very Low Temperature Refrigeration or Cooling. The prohibitions in Table 3, section 95374(c), do not apply to any end-uses for Very Low Temperature Refrigeration or Cooling.

(D) Approved Building Permits. The prohibitions in Table 3, section 95374(c), do not apply to any facility with new refrigeration equipment that received an approved building permit before the effective date.

(3) Reclaimed Refrigerant Use Requirements. Manufacturers of AC and VRF equipment subject to effective dates of January 1, 2025 and January 1, 2026, respectively, in Table 3 of section 95374(c) shall comply with requirements listed under section 95376.

(4) Labeling and Recordkeeping.

(A) Labeling. As of January 1, 2022, any person who manufactures any equipment or product in an end-use category identified in Table 3 of section 95374(c) shall display a label on the equipment that clearly and visibly indicates:

1. The type of refrigerant;

2. Where available, the refrigerant charge size in ounces, pounds, grams, or kilograms; and

3. The date of manufacture indicating, at a minimum, the four-digit year of manufacture.

4. Existing labels meeting the above requirements may be used. For built-up systems, existing equipment component labels may be used.

(B) Recordkeeping for Manufacturers. As of January 1, 2022, any person who manufactures any equipment listed in Table 3 of section 95374(c) of this subarticle for sale or entry into commerce in the State of California shall maintain for five years and make available, upon request by the Executive Officer or a local Air Pollution Control Officer, a copy of the following records:

1. Name and address of the person purchasing the equipment at the time of purchase;

2. Telephone number and email address of the person purchasing the equipment at the time of purchase, if provided to the manufacturer;

4. Date of manufacture of the equipment;

5. Date of sale of the equipment;

6. The refrigerant type(s) the equipment is designed to use; and

7. The refrigerant and full charge capacity of the equipment, where available.

(d) Requirements Applicable to Table 4 of Section 95374(d).

(1) Prohibitions for Refrigeration Equipment, Stationary (in New Facilities). No person shall sell, lease, rent, install, use, or otherwise enter into commerce in the State of California any end-use equipment or product manufactured after the effective date that does not comply with Table 4 of section 95374(d) of this subarticle.

(2) Labeling and Recordkeeping Requirements for Manufacturers.

(A) Labeling for Manufacturers. As of January 1, 2022, any person who manufactures any equipment or product in an end-use category identified in Table 4 of section 95374(d) shall display a label on the equipment that clearly and visibly indicates:

1. The type of refrigerant;

2. Where available, the refrigerant charge size in ounces, pounds, grams, or kilograms; and

3. The date of manufacture indicating, at a minimum, the four-digit year of manufacture.

4. Existing labels meeting the above requirements may be used. For built-up systems, existing equipment component labels may be used.

(B) Recordkeeping for Manufacturers. As of January 1, 2022, any person who manufactures any equipment listed in Table 4 of section 95374(d) of this subarticle for sale or entry into commerce in the State of California shall maintain for five years and make available, upon request by the Executive Officer or a local Air Pollution Control Officer, a copy of the following records:

1. Name and address of the person purchasing the equipment at the time of purchase;

2. Telephone number and email address of the person purchasing the equipment at the time of purchase, if provided to the manufacturer;

4. Date of manufacture of the equipment;

5. Date of sale of the equipment;

6. The refrigerant type(s) the equipment is designed to use; and

7. The refrigerant and full charge capacity of the equipment, where available.

(3) Exceptions. The following exceptions apply to the effective dates for prohibited substances for end-uses identified in Table 4 of section 95374(d) of this subarticle:

(A) Approved Building Permits. The prohibitions in Table 4, section 95374(d), do not apply to any facility with new refrigeration equipment that received an approved building permit before the effective date.

(B) Refrigeration Equipment with 50 Pounds of Refrigerant or Less. The prohibitions in Table 4, section 95374(d), do not apply to any refrigeration equipment that contains 50 pounds of refrigerant or less.

(4) Requirements for Refrigeration Equipment, Stationary (in Existing Facilities).

(A) 2026 Requirements. Companies that own or operate 20 or more retail food facilities in California and companies that are defined in this subarticle as "national supermarket chains" shall comply with one of the following requirements by December 31, 2026:

1. The weighted-average GWP shall be less than 2,500 for the aggregated total of all refrigerant in all refrigeration systems containing more than 50 pounds; or

2. GHGp of all refrigerant in all refrigeration systems containing more than 50 pounds shall be reduced by 25 percent or more of their 2019 baseline GHGp.

(B) 2030 Requirements. Companies that own or operate one or more retail food facilities in California shall comply with one of the following requirements by January 1, 2030:

1. The weighted-average GWP shall be less than 1,400 for the aggregated total of all refrigeration systems containing more than 50 pounds; or

2. The GHGp of all refrigerant in all refrigeration systems containing more than 50 pounds shall be reduced by 55 percent or more of their 2019 baseline GHGp.

(5) Registration Requirements for Companies with Retail Food Facilities. On or before January 1, 2022, retail food facilities shall register the following information in the R3 database:

(A) Refrigeration systems containing more than 50 pounds of refrigerant with a GWP less than 150, including:

1. System identification number (assigned by the facility owner or operator);

2. System type;

3. System manufacturer;

4. System model or description;

5. System model year;

6. System serial number. The serial number(s) of the affected system or component must be recorded when present and accessible. When the affected system or component is part of an assembly without a serial number or does not have an individual serial number or is not accessible after assembly, the physical location of the affected system must be recorded in enough detail to permit positive identification;

7. Physical location of the refrigeration system by means of schematic or floor plan with system locations clearly noted;

8. Temperature classification - low temperature refrigeration system, medium temperature refrigeration system, or other;

9. Full charge of the refrigeration system; and

10. Type of refrigerant(s) used.

(B) When a refrigeration system full charge size decreases to 50 pounds or less after a refrigerant retrofit or charge reduction, the exact amount of charge reduced must be reported.

(D) All registered information required in section 95375(d)(5) shall be updated by January 1 of the year after the information has changed.

(6) Reporting Requirements for Companies with Retail Food Facilities. On or before March 1, 2022, and each year thereafter by March 1, all companies with a retail food facility shall report into the R3 database for the prior calendar year with the following information:

(A) Name of Company;

(B) Company Federal Tax Identification Number;

(D) Company location address including a street address, city, state, and zip code;

(E) Company contact person name;

(F) Company contact person phone number;

(G) Company contact person e-mail address; and

(H) Compliance Information:

1. The company's weighted-average GWP; and

2. The company's GHGp.

(7) Recordkeeping Requirements for Companies with Retail Food Facilities. As of January 1, 2022, any person who owns or operates a retail food facility shall maintain for five years and make available, upon request by the Executive Officer or a local Air Pollution Control Officer, records or documentation of the following information:

(A) The means by which the full charge was determined, both before and after either a refrigerant retrofit or charge reduction;

(B) Each refrigeration system refrigerant retrofit, including the full charge and type of refrigerant used in the system before a retrofit and after a retrofit;

(C) Each refrigeration system charge reduction, including the full charge size before a refrigerant charge reduction and after a refrigerant charge reduction;

(D) Refrigeration system retirement, including date of removal of the refrigeration system from the facility;

(E) Amount and type of refrigerant removed from the refrigeration system and where the refrigerant was stored and/or sent after a system retirement, system refrigerant retrofit, or a system charge reduction;

(F) The calculations and any available spreadsheets used to create the reported information under section 95375(d)(4); and

(G) All invoices, receipts, records of shipments, plans, and work details that are generated or supported by information from a third party, such as a service technician or refrigerant reclaimer.

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 section heading and subsections (a)-(b), adopting new subsection (b)(1), amending subsections (c) and (d)-(d)(1) 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 heading, section and NOTE, including renumbering and amendment of former section 95376 as section 95375, subsections (b)-(b)(2)(C), 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.

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