The California Air Resources Board (CARB or Board) received a request for a variance and will hold the following public comment period on the application for a variance:
Variance Applicant: Tesla, Inc.
First Date of Public Comment: Wednesday, February 18, 2026
Last Date of Public Comment: Friday, March 20, 2026
Background
CARB’s Prohibitions on Use of Certain Hydrofluorocarbons in Stationary Refrigeration, Stationary Air-Conditioning, and Other End-Uses (i.e., HFC Regulation) establishes global warming potential (GWP) prohibitions and requirements for hydrofluorocarbons (HFCs) in different end-uses such as refrigeration, air conditioning, foam products, and aerosols. Section 95378 of the HFC Regulation establishes a process for entities that cannot meet the regulatory requirements due to situations of impossibility and force majeure to receive a variance from certain regulatory requirements. More information about variances under the HFC Regulation is available.
Section 95378(d)(2) requires CARB to post a variance application and accept public comment for 30 calendar days before approving or denying the variance request. CARB will consider all comments received during the 30-day comment period in deciding whether to approve or deny the variance request. CARB will issue a decision within 60 days after the comment period closes, and the regulated entity may submit additional information during this period.
Under section 95378(c)(5), a regulated entity may request confidential treatment of information in its variance application that is protected from disclosure under the California Public Records Act (Gov. Code §§ 6250 et seq.), such as trade secrets. The same section requires CARB to follow the process identified in California Code of Regulations (CCR), title 17, sections 91000 to 91022, to consider requests to withhold information claimed as confidential.
Opportunity to Comment
CARB is holding a comment period and not currently proposing to approve or deny Tesla’s application. Tesla submitted an application, pursuant to section 95378 of the HFC Regulation, for a variance from the requirements of section 95374(c). Specifically, section 95374(c) prohibits the use of HFCs with a GWP of 750 or greater in new Chillers - Industrial Process Refrigeration, beginning January 1, 2024. Tesla is requesting an impossibility variance to continue the use of R-134a which has a GWP greater than 750, until September 30, 2026.
In accordance with section 95378(d)(2), CARB is publicly posting notice of Tesla’s variance application. A copy of the complete variance application may be obtained from CARB’s website. Please contact the HFC Reduction program at HFCReduction@arb.ca.gov if you need physical copies of the documents.
Interested members of the public may provide comments in writing through electronic submittal or by postal mail during the 30-day comment period. Submission details are listed below. To be considered by the Executive Officer, written comments must be received no later than Friday, March 20, 2026.
Postal mail: California Air Resources Board
HFC Reduction Program
1001 I Street
Sacramento, California 95814
Please note that under the California Public Records Act (Gov. Code §§ 6250 et seq.), your written 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.
Further inquiries regarding this matter should be directed to the HFC program email address: HFCReduction@arb.ca.gov.
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