Second Public Availability of Modified Text and Availability of Additional Documents for the Proposed Amendments to the Prohibitions on Use of Certain Hydrofluorocarbons in Stationary Refrigeration, Chillers, Aerosols-Propellants, and Foam End-Uses Regulation

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Second Public Availability of Modified Text and Availability of Additional Documents for the Proposed Amendments to the Prohibitions on Use of Certain Hydrofluorocarbons in Stationary Refrigeration, Chillers, Aerosols-Propellants, and Foam End-Uses Regulation


The California Air Resources Board (CARB or Board) has posted a Second Notice of Public Availability of Modified Text and Availability of Additional Documents (Second 15-Day Notice) for the Proposed Amendments to the Prohibitions on Use of Certain Hydrofluorocarbons in Stationary Refrigeration, Chillers, Aerosols-Propellants, and Foam End-Uses Regulation.

Public Hearing Date: December 10, 2020
Public Availability Date: August 3, 2021
Deadline for Public Comment: August 18, 2021


Background

At its December 10, 2020, public hearing, the California Air Resources Board (CARB or Board) approved for adoption the proposed amendments to sections 95371, 95372, 95373, 95374, 95375, 95376, 95377, 95378, and added section 95379 Article 4, Subarticle 5, Chapter 1, Division 3, Title 17, California Code of Regulations, which prohibits certain substances in refrigeration, air-conditioning (AC), chillers, cold storage, aerosols-propellants, and foam end-uses to reduce high-global warming hydrofluorocarbon (HFC) emissions and support California’s greenhouse gas (GHG) emission reduction goals.

In Resolution 20-37, the Board recognized the importance of near-term actions to reduce GHGs, including HFCs, by ensuring successful and orderly transition to lower global warming potential (GWP) refrigerants, which is necessary to reduce the impacts of climate change, and meet California’s legal mandate to reduce HFC emissions by 40 percent below 2013 levels by 2030, as identified in section 39730.5 of the Health and Safety Code.

The Board, therefore, approved the adoption of the proposed amendments and found that an additional compliance pathway for AC manufacturers was appropriate. The Board directed the Executive Officer to determine if additional conforming modifications to the regulation were appropriate and to make any proposed modified regulatory language available for public comment, with any additional supporting documents and information, for a period of at least 15 days in accordance with Government Code section 11346.8. The Board further directed the Executive Officer to consider written comments submitted during the public review period and make any further modifications that are appropriate, available for public comment for at least 15 days. The Executive Officer was directed to evaluate all comments received during the public comment periods, including comments raising significant environmental issues, and prepare written responses to such comments as required by CARB’s certified regulations at California Code of Regulations, title 17, sections 60000-60007 and Government Code section 11346.9, subdivision (a).

Consistent with Board direction, CARB staff developed modified regulatory language and released it in a first 15-Day Notice. Following consideration of the comments received on the proposed modifications, CARB staff is proposing additional modifications, as described in this Second 15-Day Notice.

A summary of the newly proposed modifications can be found in the Second 15-Day Notice.

Second 15-Day Notice

Inquiries concerning the substance of the proposed regulation may be directed to Glenn Gallagher, Staff Air Pollution Specialist, F-gas Reduction Strategy Section, or (designated back-up contact) Richie Kaur, Air Pollution Specialist, F-gas Reduction Strategy Section.

The resolution and all other regulatory documents for this rulemaking are available online at the following CARB website.


Written Comment Period & Comment Submittal

Written comments will only be accepted on the modifications identified in the Notice. Comments may be submitted by postal mail or by electronic submittal no later than the due date to the following:

Clerks' Office California Air Resources Board
1001 I Street, Sacramento, California 95814

Electronic Submittal

Please note that under the California Public Records Act (Government Code section 6250 et seq.), your written and oral comments, attachments, and associated contact information (e.g., your address, phone, email, etc.) become part of the public record and can be released to the public upon request.