Section 95341 - Applicability and Exemptions(a) This Subarticle applies to any person that uses, possesses, purchases, distributes, manufactures, offers for sale, or sells sulfur hexafluoride or products containing sulfur hexafluoride in California, with the exception that section 95343 does not apply to the following uses: (1) Use in chemical vapor deposition (CVD) chamber cleaning.(3) Use as a dielectric medium including equipment containing sulfur hexafluoride for use as a dielectric medium.(4) Use as an arc quenching medium including equipment containing sulfur hexafluoride for use as an arc quenching medium.(5) Use in one-time testing per laboratory fume hood, provided that the use is in compliance with Cal/OSHA ventilation requirements for laboratory fume hood operations set forth in title 8, California Code of Regulations, section 5154.1(c)(2)(B), for the purpose of reducing laboratory fume hood face velocity when the hood is unattended and realizing the associated energy savings.(6) Medical uses, which includes only the following applications:(A) Injection or other entry of sulfur hexafluoride into a human or animal body for the purpose of improving health,(B) Use of sulfur hexafluoride in a diagnostic tool in order to either identify a disease or condition by its outward signs and symptoms or analyze the underlying physiological/biochemical cause(s) of a disease or condition,(C) Use of sulfur hexafluoride in a medical treatment process for a disease or other medical condition.(7) Use in testing nuclear power plant control room emergency ventilation systems every six years in compliance with the Technical Specifications Task Force (TSTF) Specification 448, January 2007, which is incorporated by reference herein.(8) Use in equipment calibration and in testing to find alternatives to sulfur hexafluoride use.(9) Use in testing hyperspectral remote sensing systems to detect toxic gases in the infrared portion of the spectrum.(10) Use for research in a research facility. Use for tracer gas testing applications and magnesium casting is not included and is still subject to the provisions in sections 95343 through 95346. Research facilities planning to use sulfur hexafluoride for on- or off-site research in a use not covered by 95341(a)(1-9) must: (A) Register with ARB in the form of a letter to the Executive Officer and must include the business name, physical address, contact name, telephone number, fax number, e-mail address, and web site address, as applicable.(B) Monitor and report usage annually as defined in section 95345(d).(b) Any person may apply for an exemption from section 95343 as specified below: (1) A person may apply in writing to the Executive Officer for an exemption from the requirement of section 95343 for the uses or possession of sulfur hexafluoride identified below in subsections (A) or (B). The application must include documentation that supports the exemption claim, including the data and test methods used to generate the data, if applicable. Information submitted pursuant to this section may be claimed as confidential and such information shall be handled in accordance with the procedures specified in title 17, California Code of Regulations, sections 91000-91022. (A)Uses of sulfur hexafluoride that result in reduced greenhouse gas emissions.The Executive Officer may allow the use of sulfur hexafluoride if the applicant demonstrates to the satisfaction of the Executive Officer that the use of sulfur hexafluoride will result in less greenhouse gas emissions over the lifetime of the equipment, facility, or process than the use of all other alternatives.
(B)Uses or possession of sulfur hexafluoride with no alternatives.The Executive Officer may allow the use and/or possession of sulfur hexafluoride if the applicant demonstrates to the satisfaction of the Executive Officer that there is no viable alternative to sulfur hexafluoride in the specified use or that there is no viable alternative for possessing sulfur hexafluoride for an out-of-state or other use. No exemption shall be granted unless the applicant provides and agrees to comply with a mitigation plan identifying a list of actions to be undertaken by the applicant to minimize greenhouse gas and sulfur hexafluoride emissions.
(2)Procedure for responding to an exemption from section 95343.(A) Within 60 days of receipt of an exemption application the Executive Officer shall determine whether the application is complete, or that specified additional documentation is required to make it complete. Within 60 days of receipt of the specified additional information, the Executive Officer shall advise the applicant in writing either that the application is complete, or that specified additional information is still required before it can be deemed complete.(B) Within 90 days after an application has been deemed complete, the Executive Officer shall determine whether, and under what conditions, an exemption from the requirements of section 95343 will be permitted. The Executive Officer shall notify the applicant of the decision in writing and shall specify such terms and conditions as are necessary to insure that the requirements of section 95341(b)(1)(A) or 95341(b)(1)(B) are met and will continue to be met.(C) The Executive Officer and the applicant may mutually agree to an extension of any of the time periods specified in this section, and additional supporting documentation may be submitted by the applicant before a decision has been reached.(3)Revocation or Modification of Exemption: If the Executive Officer determines that the use for which an exemption has been granted no longer meets the criteria specified in section 95341(b)(1)(A) or (b)(1)(B), or that the applicant is not following the mitigation plan submitted pursuant section 95341(b)(1)(B), the Executive Officer may modify or revoke the exemption. The Executive Officer shall not modify or revoke the exemption without first affording the applicant an opportunity for a hearing in accordance with the procedures specified in title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 1.25, Article 2 (commencing with section 60055.1).Cal. Code Regs. Tit. 17, § 95341
1. New section filed 12-28-2009; operative 1-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 1). Note: Authority cited: Sections 38501, 38510, 38560, 38560.5, 38580, 39600 and 39601, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38550, 38551, 38560, 38560.5, 39003, 39600 and 39601, Health and Safety Code.
1. New section filed 12-28-2009; operative 1-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 1).