CARB answers members’ HFC compliance questions

Given the newness of the Jan. 1 California Significant New Alternatives Policy (SNAP) hydrofluorocarbon (HFC) bans, NAFEM members have many unanswered questions about compliance with the act that reinstated the previously vacated U.S. Environmental Protection Agency (EPA) SNAP Rules 20 and 21. To help answer these questions, NAFEM coordinated two conference calls with California Air Resources Board (CARB) staff on Jan. 31 and Feb. 20.

Many questions during the calls revolved around the disclosure requirements. CARB confirmed the language of the mandatory disclosure statement: “This equipment is prohibited from use in California with any refrigerants on the “List of Prohibited Substances” for that specific end-use, in accordance with California Code of Regulations, title 17, section 95374. This disclosure statement has been reviewed and approved by [THE COMPANY] and [THE COMPANY] attests, under penalty of perjury, that these statements are true and accurate.”

CARB also confirmed that companies can add additional clarifying language to the statement if they’d like to do so. Additionally, CARB confirmed that the disclosure statement “must remain with the equipment while it is in use in California.” It can be included on an invoice, in the owner’s manual, on a separate piece of paper and/or on a label in the equipment that is accessible, visible and legible.

Bill Sickles, manager, product safety and compliance engineering at InterMetro Industries Corporation, Wilkes-Barre, Pa., suggested that “For commercial foodservice equipment manufacturers who don’t necessarily know where distributors will sell their products, a good solution is to handle CARB labeling the same way we manage California Proposition 65 labeling requirements. This could help eliminate confusion and protect manufacturers’ interests.”

During the calls, CARB also discussed how it will enforce the new regulations, answered questions about specific refrigerants and confirmed that regulations for foams used in refrigeration equipment take effect Jan. 1, 2020.

Additional information on the California Cooling Act (CCA) requirements is available in the CA SNAP Final Regulation Order and the CA SNAP Enforcement Order. CARB also has prepared a fact sheet on the California Cooling Act.

For specifics on the program, contact: Glenn Gallagher, Glenn.Gallagher@arb.ca.gov. For specific enforcement questions, contact: Dave Mehl, David.Mehl@arb.ca.gov.