Section 95386 - Leak Repair Requirements for Facilities with Stationary Refrigeration Systems(a)Leak Repair Requirements. After January 1, 2011, the owner or operator of a refrigeration system must ensure that all detected refrigerant leaks are repaired as provided in this section, and must maintain records pursuant to section 95389 of all refrigerant leak repairs.(b)Refrigerant Leak Repair 14-Day Requirement. A refrigerant leak must be repaired by a certified technician within 14 days of its detection, except in situations when a longer time period is allowed under subsections (c), (d), or (i) of this section.(c)Refrigerant Leak Repair 45-Day Allowance. The owner or operator of a refrigeration system has 45 days to repair a refrigerant leak or replace a leaking component(s) if one or more of the following conditions apply: (1) A certified technician is not available to complete the repair or replace the component(s). A written record(s) must be kept pursuant to section 95389 to document that no certified technician was available within 14 days of the initial leak detection.(2) The parts necessary to repair a refrigerant leak are unavailable, and the owner or operator obtains a written statement from the refrigeration system or component manufacturer or distributor stating that the parts are unavailable. A written record(s) must be kept pursuant to section 95389 to document that the necessary parts were not available within 14 days of the initial leak detection.(3) The refrigerant leak repair requires an industrial process shutdown that results in a process temporarily ceasing to manufacture the intermediate or final product that is produced when the industrial process refrigeration appliance is in operation.(d)Refrigerant Leak Repair 120-Day Allowance. The owner or operator of a refrigeration system has 120 days to repair a refrigerant leak or replace a leaking component(s) if all of the following conditions apply: (1) The facility owner or operator is an entity subject to Mandatory Greenhouse Gas Emissions Reporting requirements pursuant to section 95101 of Title 17, California Code of Regulations; and(2) The refrigeration system is an industrial process refrigeration appliance; and(3) The refrigerant leak repair requires an industrial process shutdown that results in a process temporarily ceasing to manufacture the intermediate or final product that is produced when the industrial process refrigeration appliance is in operation; and(4) Written records are maintained as provided in section 95389 to document that all the conditions required under this subsection are met.(e)Initial Verification Test. An initial verification test must be conducted upon completion of refrigerant leak repairs.(f)Follow-up Verification Test. After the initial verification test has been conducted, a follow-up verification test must be conducted on the complete refrigeration system. If the refrigeration system was evacuated during the refrigerant leak repair, the follow-up verification test must be conducted when the system is operating at normal operating characteristics and conditions. If the refrigeration system was not evacuated during the refrigerant leak repair, the follow-up verification test requirement of this subsection is satisfied once required changes are made to return the refrigeration system to normal operating characteristics and conditions.(g)Refrigerant Leak Repair Requirements After An Unsuccessful Verification Test.(1) If either an initial verification test or follow-up verification test indicate that a refrigerant leak is still occurring within the refrigeration system, the owner or operator must ensure repair of the refrigerant leak through a subsequent repair attempt(s) of the refrigerant leak within the time required for refrigerant leak repair by subsections (b), (c), or (d), or prepare a retrofit or retirement plan pursuant to section 95387.(2) If a follow-up verification test pursuant to subsection 95386(f) indicates that a refrigerant leak has not been successfully repaired within the 14 days allowed for a refrigerant leak repair under subsection (b), and the owner or operator does not have an approved exemption pursuant to section 95397, then the owner or operator must either successfully repair the refrigerant leak within 45 days of the initial refrigerant leak detection or must prepare a retrofit or retirement plan pursuant to section 95387 within 60 days of the initial refrigerant leak detection.(3) If a follow-up verification test pursuant to subsection 95386(f) indicates that a refrigerant leak has not been successfully repaired within the 45 days allowed for a refrigerant leak repair under subsection (c), and the owner or operator does not have an approved exemption pursuant to section 95397, the owner or operator must prepare a retrofit or retirement plan pursuant to section 95387 within 60 days of the initial refrigerant leak detection.(4) If a follow-up verification test pursuant to subsection 95386(f) indicates that a refrigerant leak has not been successfully repaired within the 120 days allowed for a refrigerant leak repair under subsections (d), and the owner or operator does not have an approved exemption pursuant to section 95397, the owner or operator must prepare a retrofit or retirement plan pursuant to section 95387 within 135 days of the initial refrigerant leak detection.(h)Refrigerant Leak Repair Contractors License Requirement.(1)Except as provided below in subsection(h)(2), all refrigerant leaks must be repaired by a certified technician holding a current and active California contractors license in the C38 -- Refrigeration Contractor licensing classification, or by an employee of a contractor with these qualifications. If the refrigeration system requiring service is also used in an air-conditioning application, it is acceptable for the refrigerant leak to be repaired by a certified technician holding a current and active California contractors license in the C20 -- Warm-Air Heating, Ventilating and Air-Conditioning Contractor licensing classification, or by an employee of a contractor with these qualifications.(2) A current and active California contractors license is not required if: (A) the refrigeration system service or refrigerant leak repair is performed by the facility owner or operator or its employees with wages as sole compensation, or(B) the refrigeration system service or refrigerant leak repair is performed by the facility owner or operator through one undertaking or by one or more contracts, and the aggregate contract price for labor, materials, and all other items is less than five hundred dollars ($500), or(C) the refrigeration system service or refrigerant leak repair is performed pursuant to a contract entered into before January 1, 2011, by any political subdivision of the United States government or the State of California, or by any incorporated town, city, county, irrigation district, reclamation district, or other municipal or political corporation.(i)Refrigerant Leak Repair Requirements During System Mothballing. The leak repair requirements of this section shall not apply during the time that a refrigeration system is undergoing or is in system mothballing. The leak repair requirements of this section shall resume on the day that the refrigeration system resumes operation at a facility.(j)Refrigerant Leak Repair Requirements Exemption. If the owner or operator of a refrigeration system has received an exemption from the Executive Officer pursuant to section 95397, a refrigerant leak repair is not required during the time period the exemption is in effect. If the owner or operator of a refrigeration system has submitted a request for an exemption pursuant to section 95397, a refrigerant leak repair is not required until a final exemption determination is made by the Executive Officer. A written record(s) must be kept pursuant to section 95389 to document that the owner or the operator has requested or received an exemption.Cal. Code Regs. Tit. 17, § 95386
1. New section filed 10-20-2010; operative 11-19-2010 (Register 2010, No. 43). Note: Authority cited: Sections 38501, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 39601 and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38562, 38563, 38580, 38597, 39600, 39601 and 41511, Health and Safety Code.
1. New section filed 10-20-2010; operative 11-19-2010 (Register 2010, No. 43).