CARB clarifies disclosure requirements during two NAFEM-led conference calls

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.

The majority of questions focused on the disclosure statement requirements. CARB confirmed the mandatory disclosure statement language as follows: “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.”

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 as part of the sales transaction and invoice. This applies to all equipment with acceptable refrigerants. 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/on the equipment. In all cases, it must be accessible, visible and legible throughout the life of the equipment.

Numerous other topics were discussed during the calls as well. Transcripts of both calls are available.