Cal. Code Regs. tit. 17 § 95357

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 95357 - SF6 Phase-Out Exemption and Failure Notification

(a) Pursuant to section 95352(a)(1), a GIE owner who wishes to acquire SF₆ GIE after the applicable phase-out date indicated in Table 1 or Table 2 of section 95352 must electronically submit an SF₆ phase-out exemption request to the Executive Officer that, if approved, would allow the GIE owner to acquire the requested SF₆ GIE unless there is a failure as defined in section 95351(a). In the event of a failure, the GIE owner may acquire SF₆ GIE pursuant to section 95357(i) or (j).

(b) Beginning September 1, 2024, a GIE owner may submit an SF₆ phase-out exemption request if, based on bids received pursuant to section 95357 (l), either:

(1) Non-SF₆GIE of the equipment type and GIE characteristics necessary for the particular project(s) or application(s) are unavailable from at least two suppliers; or

(2) Available non-SF₆ GIE cannot meet the size requirements for the particular project(s) or application(s), taking into consideration the physical size of the GIE, the physical constraints of the project location(s), including required clearance; or

(3) Available non-SF₆ GIE cannot be used for the specific project(s) or application(s) due to incompatibility with existing equipment, wiring, or connectors; or

(4) Available non-SF₆ GIE cannot meet required technical specifications and/or are not suitable based on the GIE owner's documented safety or reliability requirements.

(c) Whenever a GIE owner wishes to acquire multiple SF₆ GIE of the same equipment type and GIE characteristics, for which the justification provided under section 95357(d)(8) is identical, the GIE owner may submit a single request to cover all associated SF₆ GIE. In this case, the GIE owner must specify the number of SF₆GIE it is requesting to acquire under the exemption and list the locations where the SF₆ GIE would be installed, but does not need to identify which specific SF₆ GIE device would be installed at each location.

(d) The SF₆ phase-out exemption request must contain the following:

(1) GIE owner's name and ARB identification number (if assigned);

(2) Designated representative's name, official title, mailing address, phone number, and email address;

(3) Whether or not the requested GIE would initially be spare GIE;

(A) For GIE that would initially be spare GIE, a description of the type of locations to which the SF₆phase-out exemption would apply (e.g., underground vaults with diameter less than X feet, all substations with a certain configuration);

(B) For all other GIE, a description of the specific project(s) to which the SF₆ phase-out exemption would apply, including location(s); whether it is an existing or new facility, or if it has been subject to a process that significantly changes the in-place infrastructure (e.g., overhaul, re-powering); and the number of each type of GIE device described in section 95357(d)(4) that would be installed there;

(4) Description and quantity of SF₆GIE to be exempted, including but not limited to the GIE characteristics (per Tables 1 and 2 of section 95352) and equipment type, seal type, manufacturer and model, and nameplate capacity;

(5) The names of manufacturers:

(A) Contacted about the availability of non-SF₆GIE that might be appropriate for use in the type of project(s) described in section 95357(d)(3)(A) and/or 95357(d)(3)(B), and the dates contact was initiated;

(B) That submitted bids pursuant to section 95357 (l); and

(C) A description of the universe of entities eligible to bid based on the bidding process used by the GIE owner (e.g., public solicitation, qualified vendor list);

(6) The appropriate attestation statement from section 95355(c);

(7) The section number under which the exemption is being submitted (section 95357(b)(1), (2), (3), or (4)); and

(8) The applicable justifications for the exemption, as follows:

(A) For exemptions submitted under section 95357(b)(1), the specific GIE characteristics (per Tables 1 and 2 of section 95352) that cannot be met by at least two suppliers.

(B) For exemptions submitted under section 95357(b)(2), the complete dimensions of each space within which requested SF₆ GIE would reside; the complete dimensions of each available non-SF₆GIE that meet the GIE characteristics (per Tables 1 and 2 of section 95352) identified by the equipment manufacturers; the complete dimensions of the SF₆ GIE specified in section 95357(d)(4); and a picture showing the space where the SF₆ GIE would be installed. If the dimensions of the non-SF₆ GIE are smaller than the dimensions of the space available, but the device cannot be placed into the space for another reason (e.g., the space lacks the necessary clearance, another obstacle prevents transport of the device to the space), the justification should also include a description of the constraint that clearly demonstrates why the device cannot be placed in the available space.

(C) For exemptions submitted under section 95357(b)(3), a list of available non-SF₆ GIE that meet the GIE characteristics (per Tables 1 and 2 of section 95352) identified by the equipment manufacturers and a justification that clearly explains why each of the available non-SF₆ GIE identified are incompatible and how the SF₆ GIE described in section 95357(d)(4) are compatible.

(D) For exemptions submitted under section 95357(b)(4), a list of available non-SF₆ GIE that meet the GIE characteristics (per Tables 1 and 2 of section 95352) identified by the equipment manufacturers and a justification that clearly explains why each of the available non-SF₆ GIE identified fail to meet the technical specifications and/or the GIE owner's documented safety or reliability requirements and how the SF₆ GIE described in section 95357(d)(4) do meet the requirements. If failure rates or other indicators of reliability are used, specific details must be provided. If the GIE owner's justification cites a company-specific policy or procedure that available non-SF₆ GIE do not currently meet and that is within the control of the GIE owner (e.g., the company requires three years of testing for new equipment), the justification must also provide an explanation as to how the GIE owner will address the situation to enable the transition to non-SF₆ alternatives in a timely manner.

(E) Within the timeframe specified in section 95357(f), if the Executive Officer determines that the information provided as part of the exemption request is insufficient to serve as the basis for an exemption under this section, s/he may request additional information and/or clarification related to sections 95357(c) and 95357(d) prior to the application being deemed complete and approved pursuant to section 95357(f).

(9) Information submitted pursuant to section 95357(d)(8) that relies on documentation provided by an equipment manufacturer must be dated less than 180 days prior to the submission of the SF₆ phase-out exemption request.

(e) Within seven days of the submittal of the exemption request, the GIE owner will receive a notification of the receipt of the request, which will include an SF₆ phase-out exemption request identification number. If the GIE owner does not receive a receipt within seven days of submittal, the GIE owner must contact CARB to inquire whether CARB has received the request.

(f) Within 45 days of submittal of the exemption request, the Executive Officer shall notify the GIE owner that their application is complete and has been approved, or that additional information and/or clarification is necessary to complete the application. Upon receipt of additional information and/or clarification from the GIE owner pursuant to section 95357(d)(8)(E), within 45 days, the Executive Officer shall notify the GIE owner that their application is complete and has been approved, or that additional information and/or clarification is necessary to complete the application.

(g) In the event that the Executive Officer has not responded to the GIE owner within 45 days of submittal, the SF₆ phase-out exemption request is approved.

(h) A GIE owner with an approved SF₆ phase-out exemption may acquire the specific SF₆ GIE described in the SF₆ phase-out exemption within 24 months of CARB's approval of the request. If the SF₆ GIE are not acquired within the specified timeframe, the GIE owner must submit another SF₆phase-out exemption request. There is no date by which SF₆ GIE acquired utilizing an SF₆ phase-out exemption must be placed into active service, or removed from active service.

(i) In the event of a failure of a GIE device in active service that, in the estimation of the GIE owner may only be resolved through the acquisition of SF₆ GIE that would otherwise require an SF₆ exemption, the GIE owner may acquire an SF₆ GIE device with the same GIE characteristics as the failed GIE without prior approval from the Executive Officer, and must:

(1) Within 15 days of the failure, electronically submit a notification to the Executive Officer that includes:

(A) GIE owner's name and ARB identification number (if assigned);

(B) Designated representative's name, official title, mailing address, phone number, and email address;

(C) The following information regarding the failure:

1. The date and time of the failure;

2. The location of the failure; and

3. The manufacturer's serial numbers, pursuant to section 95354(a)(3), of all GIE that were affected by the failure.

(D) The appropriate attestation statement from section 95355(c).

(2) Within 45 days of the acquisition of the GIE device used to resolve the failure, electronically submit the following information to the Executive Officer for each GIE device acquired:

(A) Date acquired;

(B) Date activated;

(C) GIE characteristics;

(D) Equipment type;

(E) Manufacturer's serial number;

(F) An explanation of the cause of the failure, including, in cases of imminent failure, the circumstances that led the GIE owner to believe failure was imminent, and the timeframe within which the GIE owner expected the GIE device to fail; and

(G) The appropriate attestation statement from section 95355(c).

(j) Whenever the GIE owner resolves a failure by activating a spare SF₆ GIE device, the GIE owner may acquire an SF₆ GIE device with the same GIE characteristics as the spare SF₆ GIE device that was activated, without prior approval from the Executive Officer, and must:

(1) Follow the notification process pursuant to section 95357(i)(1), but must also include the manufacturer's serial numbers of the spare SF₆GIE activated to resolve the failure.

(2) Follow the notification process pursuant to section 95357(i)(2), excluding 95357(i)(2)(B); providing the date acquired, GIE characteristics, equipment type, and manufacturer's serial number for the spare GIE device(s) acquired; and adding a description of the locations in which the spare device(s) could be activated consistent with section 95357(d)(3)(A).

(k) Upon receipt of a notification pursuant to sections 95357(i)(1), (i)(2), (j)(1), or (j)(2):

(1) Within seven days of submittal, the GIE owner will receive an acknowledgement of the receipt of the notification, which will include a failure identification number. If the GIE owner does not receive a receipt within seven days of submittal, the GIE owner must contact CARB to inquire whether CARB has received the notification.

(2) Within 21 days of submittal, the Executive Officer shall notify the GIE owner if additional information is necessary to complete the notification;

(A) Within 21 days of being notified by the Executive Officer that additional information is necessary to complete the notification, the GIE owner must provide the requested information.

(B) Upon receipt of additional information from the GIE owner pursuant to section 95357(k)(2)(A), the Executive Officer will notify the GIE owner within 21 days if additional information is necessary to complete the notification.

(l) A GIE owner who wishes to use a phase-out exemption to acquire SF₆GIE after the applicable phase-out date indicated in Table 1 or Table 2 of section 95352 shall base the information required in sections 95357(d)(4) and 95357(d)(8) on bids received by the GIE owner in relation to the projects, locations, and/or structure types identified in sections 95357(d)(3)(A) and/or 95357(d)(3)(B) per the timeframe specified in section 95357(d)(9).

(1) GIE owners submitting exemption requests under section 95357(b)(1) or the technical specifications condition in section 95357(b)(4) must provide an explanation of the efforts they will undertake to identify applicable non-SF₆ GIE to enable the transition to non-SF₆ alternatives in a timely manner.

(m) All emissions from SF₆ GIE acquired pursuant to section 95357 must be included in the GIE owner's annual emissions calculated pursuant to section 95354.1.

Cal. Code Regs. Tit. 17, § 95357

1. New section filed 2-2-2011; operative 2-2-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 5).
2. Renumbering of former section 95357 to section 95358 and new section 95357 filed 12-30-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)

Note: Authority cited: Sections 38510, 38560, 38580, 39600 and 39601, Health and Safety Code. Reference: Sections 38560, 39600 and 39601, Health and Safety Code.

1. New section filed 2-2-2011; operative 2-2-2011 pursuant to Government Code section 11343.4(Register 2011, No. 5).
2. Renumbering of former section 95357 to section 95358 and new section 95357 filed 12-30-2021; operative 1/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)