Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Reclaimed Refrigerant Use Requirements for Manufacturers of AC
Equipment Subject to Effective Date of January 1, 2025, in Table 3 of section
95374(c).
Equipment manufacturers shall determine the number of pounds of certified
reclaimed R-410A refrigerant use required as follows:
(1) Use the following equation to determine
baseline average pounds per year:
Baseline Average Pounds of Refrigerant in 2018 and 2019
= [(pounds in AC equipment entered into California in 2018 + pounds in AC
equipment entered into California in 2019) -f 2].
(2) Applying the calculated baseline average
pounds, determine the number of pounds of certified reclaimed R-410A
refrigerant use required annually, using the following equations:
Annual Reclaim Use Requirement for 2023 = [(10% x
baseline average pounds calculated in (a)(1)) x 1.04 (a one-time growth factor
of 4%)].
Annual Reclaim Use Requirement for 2024 = [(10% x
baseline average pounds calculated in (a)(1)) x 1.04 (a one-time growth factor
of 4%)].
(3) For AC
manufacturers with no shipments into California in 2018 and 2019, the baseline
years shall be 2023 and 2024. Projected shipments into California shall be used
to calculate the certified reclaimed refrigerant requirements for the initial
baseline report and first annual report, while actual shipments into California
will be used for the final annual report. The following equation shall be used
to determine the number of pounds of certified reclaimed R-410A refrigerant use
required annually:
Annual Reclaim Use Requirement for 2023 and 2024 = (10%
x pounds in AC equipment entered into California per year).
(4) The requirement shall be met by AC
manufacturers by any or all of the following:
(A) Certified reclaimed R-410A refrigerant
purchased and used in new equipment.
(B) Certified reclaimed R-410A refrigerant
purchased and used in the servicing of existing equipment.
(C) Optional Early Action Credit: Refrigerant
with a GWP less than 750 used in new Other Air-conditioning equipment entered
into commerce in California prior to January 1, 2025.
(5) The requirement to purchase and use
certified reclaimed R-410A refrigerant shall be met before July 1,
2025.
(b)
Reclaimed Refrigerant Use Requirements for Manufacturers of VRF
Equipment Subject to Effective Date of January 1, 2026, in Table 3 of section
95374(c).
VRF manufacturers shall determine the number of pounds of certified reclaimed
R-410A refrigerant use required as follows:
(1) Use the following equation to determine
baseline average pounds per year:
Baseline Average Pounds of Refrigerant in 2018 and 2019
= [(pounds in VRF equipment entered into California in 2018 + pounds in VRF
equipment entered into California in 2019) / 2].
(2) Applying the calculated baseline average
pounds per year, determine the number of pounds of certified reclaimed R-410A
refrigerant use required annually, using the following equations:
Annual Reclaim Use Requirement for 2023 = [(15% x
baseline average pounds calculated in (b)(1)) x 1.10 (a one-time growth factor
of 10%)].
Annual Reclaim Use Requirement for 2024 = [(15% x
baseline average pounds calculated in (b)(1)) x 1.10 (a one-time growth factor
of 10%)].
Annual Reclaim Use Requirement for 2025 = [(25% x
baseline average pounds calculated in (b)(1)) x 1.10 (a one-time growth factor
of 10%)].
(3) For VRF
manufacturers with no shipments into California in 2018 and 2019, the baseline
years shall be 2023, 2024, and 2025. Projected shipments into California shall
be used to calculate the certified reclaimed refrigerant requirements for the
initial baseline report and first annual report, while actual shipments into
California will be used for the subsequent annual reports. The following
equation shall be used to determine the number of pounds of certified reclaimed
R-410A refrigerant required annually:
Annual Reclaim Use Requirement for 2023 and 2024 = (15%
x pounds in VRF equipment entered into California per year).
Annual Reclaim Use Requirement for 2025 = (25% x pounds
in VRF equipment entered into California in 2025).
(4) The requirement shall be met by VRF
manufacturers by any or all of the following:
(A) Certified reclaimed R-410A refrigerant
purchased and used in new equipment.
(B) Certified reclaimed R-410A refrigerant
purchased and used in the servicing of existing equipment.
(C)
Optional Early Action
Credit: Refrigerant with a GWP less than 750 used in new VRF equipment
entered into commerce in California prior to January 1,
2026.
(5) The requirement
to purchase and use certified reclaimed R-410A refrigerant shall be met before
July 1, 2026.
(c)
Reporting Requirements for AC and VRF Manufacturers.
(1)
Initial Baseline Report.
An Initial Baseline Report with self-certification shall be submitted by July
1, 2023 and include:
(A) For AC Manufacturers:
1. With AC shipments into California in 2018
and 2019: The type and quantity (pounds) of refrigerant used with a GWP of 750
or greater for equipment manufactured in 2018 and 2019 for use in California;
and the quantity (pounds) of certified reclaimed R-410A refrigerant required,
as calculated using the equations in sections
95376(a)(1) and
95376(a)(2).
2. With no AC shipments equipment into
California in 2018 and 2019: The projected type and quantity (pounds) of
refrigerant used with a GWP of 750 or greater for equipment manufactured in
2023 and 2024 for use in California; and the quantity (pounds) of certified
reclaimed R-410A refrigerant required, as calculated using the equation in
section 95376(a)(3).
(B) For VRF Manufacturers:
1. With VRF shipments into California in 2018
and 2019: The type and quantity (pounds) of refrigerant used with a GWP of 750
or greater for equipment manufactured in 2018 and 2019 for use in California;
and the quantity (pounds) of certified reclaimed R-410A refrigerant required,
as calculated using the equations in sections
95376(b)(1) and
95376(b)(2).
2. With no VRF shipments into California in
2018 and 2019: The projected type and quantity (pounds) of refrigerant used
with a GWP of 750 or greater for equipment manufactured in 2023, 2024, and 2025
for use in California; and the quantity (pounds) of certified reclaimed R-410A
refrigerant required, as calculated using the equations in section
95376(b)(3).
(2)
Annual and Final
Reports. AC and VRF manufacturers shall submit annual reports with
self-certification as follows:
(A) For AC
manufacturers, an annual report is due July 1, 2024, and a final annual report
is due July 1, 2025.
(B) For VRF
manufacturers, annual reports are due July 1, 2024, and July 1, 2025. A final
annual report is due July 1, 2026.
(C) For AC and VRF manufacturers, annual and
final reports must include the following:
1.
Quantity (pounds) of certified reclaimed R-410A refrigerant used in factory for
new equipment manufactured;
2.
Quantity (pounds) of certified reclaimed R-410A refrigerant used or sold for
use in field for charging new equipment or servicing existing
equipment;
3.
Optional
Early Action Credit: Type and quantity (pounds) of refrigerant with a
GWP less than 750 used in new AC equipment and/or new VRF equipment entered
into commerce in California;
4.
Optional Early Action Credit: Number and types of equipment
entered into commerce in California containing refrigerant with a GWP less than
750 prior to January 1, 2025, for ACs, and prior to January 1, 2026, for
VRFs;
5. Names and addresses of
U.S. EPA-certified reclaimers and the quantity (pounds) of certified reclaimed
R-410A refrigerant purchased and used from each entity; and
6. An attestation, certifying under penalty
of perjury, signed and dated by a responsible official with authority, that
under the R4 Program, the certified reclaimed refrigerant is not being
purchased, used, or counted to comply with any other government requirement(s),
private or voluntary program(s), or any other credit(s) or
incentive(s).
(3) All required reports must be submitted
electronically to CARB at HFCREDUCTION@ARB.CA.GOV.
(d)
Recordkeeping Requirements For AC
and VRF Manufacturers. As of January 1, 2022, any person who
manufactures equipment subject to the R4 Program requirements 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) All reportable information
required by section
95376(c);
(2) Estimated number and types of equipment
distributed containing certified reclaimed R-410A refrigerant;
(3) Names and addresses of distributors or
servicing companies to which equipment manufacturers first sold reclaimed
refrigerant; and
(4) Additional
substantiating documentation, such as receipts, purchase orders, contracts, and
agreements.
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
renumbering former section
95376 to section
95377 and adopting new section
95376 filed 1-3-2020 pursuant to
section 100, title 1, California Code of
Regulations (Register 2020, No. 1).
3. Renumbering and amendment of
former section
95376 as section
95375, subsections (b)-(b)(2)(C)
and new section
95376 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.
