1. (a) A GIE owner may request emissions from an emergency event to be exempted from the calculation of the GIE owner's annual emissions as calculated pursuant to section 95354.1 if it is demonstrated to the Executive Officer's satisfaction that the release of covered insulating gases:

   1. (1) Could not have been prevented by the exercise of prudence, diligence, and care; and
   2. (2) Was beyond the control of the GIE owner.

2. (b) A request for an exemption pursuant to this section must be submitted in writing to the Executive Officer within 30 calendar days after the occurrence of the emergency event, and must contain the following information:

   1. (1) The GIE owner's name, physical address, mailing address, e-mail address, and telephone number;

   2. (2) A detailed description of the emergency event, including but not limited to the following:

      1. (A) The nature of the event (e.g., fire, flood, earthquake);
      2. (B) The date and time the event occurred;
      3. (C) The location of the event;
      4. (D) The manufacturer serial number, as specified in section 95354(a)(3), of all GIE that were affected by the event; and
      5. (E) The type and amount of each covered insulating gas released (in pounds).
   3. (3) A statement and supporting documentation that the release occurred as a result of an emergency event; and
   4. (4) The appropriate attestation statement from section 95355(c).

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

History

1. Renumbering of former section 95353 to new section 95357.1, including amendment of section and Note, 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.)