Cal. Code Regs. Tit. 17, § 95345 - Registration, Recordkeeping, and Reporting Requirements

(a) Registration for Distributors of Sulfur Hexafluoride. Distributors of sulfur hexafluoride must register with ARB on or before March 30, 2010. Distributors who begin conducting business in California after March 30, 2010, must register with ARB no later than 30 days after the start of their business operations. Registration shall be in the form of a letter to the Executive Officer and must include the business names, physical address, contact name, telephone number, fax number, e-mail address, and web site address of the distributor, as applicable. Distributors will receive a copy of the regulation within 60 days of registering with the Executive Officer.

(b) Recordkeeping for Distributors of Sulfur Hexafluoride. For each sale or supply of sulfur hexafluoride, distributors of sulfur hexafluoride must retain invoices showing the purchaser's name, business name, intended use, physical address, contact name, telephone number, fax number, e-mail address, web site address, as applicable sale date, and quantity of sulfur hexafluoride purchased. These invoices must be retained by the distributor for at least three years.

On or before March 30, 2010 distributors must also provide all of their known purchasers of sulfur hexafluoride within the last five years, except for those purchasers exempted under section 95341(a) (1-4), a copy of this regulation (title 17, California Code of Regulations, sections 95340-95346), as approved by ARB and the California Office of Administrative Law. Distributors must also retain documentation showing that they have met this requirement for a period of three years. This documentation requirement will be satisfied if the distributor retains a copy of the materials mailed or emailed and the contact information for where the materials were sent. Contact information includes the retailer name, business name, physical address, contact name, telephone number, fax number, e-mail address, and web site address, as applicable.

Distributors of sulfur hexafluoride must also provide records and other sources to ARB upon request by the Executive Officer or his or her designee. Records include copies of all invoices, books, correspondence, electronic data, or other pertinent documents in its possession or under its control that the manufacturer, distributor or retailer retains that are necessary to prove compliance with the requirements of this sub article.

(c) Recordkeeping for Purchasers and Users of Sulfur Hexafluoride. After March 30, 2010 or upon the operative date of this sub article, whichever is later, all persons who purchase or use sulfur hexafluoride, except for those users exempted under section 95341(a) (1-4), must keep records showing the annual quantity of sulfur hexafluoride purchased and used. These records must be retained for at least three years. Users of sulfur hexafluoride must also provide ARB with copies of records and other sources upon request by the Executive Office or his or her designee.

(d) Annual Reporting for Research Uses of Sulfur Hexafluoride

Beginning in calendar year 2011, all persons who purchase or use sulfur hexafluoride for research purposes, except for those users exempted under section 95341(a) (1-9), must submit an annual report to the Executive officer by March 30th for the previous calendar year. The report must include the following:

(1) The total quantity of sulfur hexafluoride purchased and used in the previous year;

(2) Quantity of sulfur hexafluoride used for each research activity undertaken in the previous year;

(3) Explanation of each research activity; and

(4) Description of efforts undertaken to minimize sulfur hexafluoride emissions.

(e) Annual Reporting for Distributors of Sulfur Hexafluoride.

Beginning in calendar year 2011, each distributor of sulfur hexafluoride must submit an annual report to the Executive Officer by March 30th for the previous calendar year. The report must include:

(1) Total quantity in mass of sulfur hexafluoride sold; and

(2) A record of transactions of sales to each purchaser of sulfur hexafluoride, including the complete contact information listed in section 95345(b). Records must include the date and quantity of each sale.

(f) Treatment of Confidential Information

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.

Notes

Cal. Code Regs. Tit. 17, § 95345

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, 39601 and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38550, 38551, 38560, 38560.5, 39003, 39600, 39601 and 41511, 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).