WA Rev Code § 70A.60.020 (2021)
2021 Revised Code of Washington|Title 70A - Environmental Health and Safety|Chapter 70A.60 - Hydrofluorocarbons—Emissions Reduction.|70A.60.020 - Refrigerant substitutes—Limitations—Rule making.

RCW 70A.60.020 Refrigerant substitutes—Limitations—Rule making. (Effective January 1, 2022.)(1) Within 12 months of another state's enactment or adoption of restrictions on substitutes applicable to new light-duty vehicles, the department may adopt restrictions applicable to the sale, lease, rental, or other introduction into commerce by a manufacturer of new light-duty vehicles consistent with the restrictions identified in appendix B, Subpart G of 40 C.F.R. Part 82, as of January 3, 2017. The department may apply an effective date to the restrictions adopted under this subsection that differs from the effective date of the restrictions adopted by another state, but the department may not adopt restrictions that take effect prior to the effective date of restrictions adopted or enacted in at least one other state.(2) The department may adopt rules that establish a maximum global warming potential of 750 for substitutes used in new stationary air conditioning. Rules adopted under this subsection may not take effect prior to:(a) January 1, 2023, for dehumidifiers and room air conditioners;(b)(i) January 1, 2025, for other types of stationary air conditioning equipment, but only if before January 1, 2023, the state building code council adopts the following safety standards into the state building code as these standards existed as of January 1, 2022:(A) American society of heating, refrigerating, and air-conditioning engineers standard 15;(B) American society of heating, refrigerating, and air-conditioning engineers standard 15.2;(C) American society of heating, refrigerating, and air-conditioning engineers standard 34; and(D) Underwriters laboratories standard UL 60335-2-40 edition 4;(ii) If the state building code council adopts the safety standards referenced in (b)(i) of this subsection after January 1, 2023, the restrictions of this subsection may apply to refrigeration equipment manufactured no earlier than 24 months after the adoption of the safety standards; and(c) January 1, 2026, for systems with variable refrigerant flow or volume.(3)(a) Consistent with the timeline established in (b) of this subsection, the department may adopt rules to prohibit the use of refrigerant substitutes that have a global warming potential of greater than 150 for use in refrigeration equipment containing more than 50 pounds of refrigerant;(b)(i) The restrictions in (a) of this subsection must apply to new refrigeration equipment manufactured after December 31, 2024, but only if before January 1, 2023, the state building code council adopts the following safety standards into the state building code, as these standards existed as of January 1, 2022:(A) American society of heating, refrigerating, and air-conditioning engineers standard 15;(B) American society of heating, refrigerating, and air-conditioning engineers standard 34; and(C) Underwriters laboratories standard UL 60335-2-89 edition 2;(ii) If the state building code council adopts the safety standards referenced in (b)(i) of this subsection after January 1, 2023, the restrictions of (a) of this subsection may apply to refrigeration equipment manufactured no earlier than 24 months after the adoption of the safety standards.(4) The department shall prohibit the use of refrigerant substitutes that have a global warming potential of greater than:(a) One hundred fifty for use in new equipment manufactured after December 31, 2023, for installation in new ice rinks; and(b) Seven hundred fifty for use in new equipment manufactured after December 31, 2023, for installation in existing ice rinks.(5)(a) The department, in rules adopted to implement this section, may establish reporting, labeling, and recordkeeping requirements applicable to regulated facilities and persons. To the extent practicable, rules adopted under this section must be harmonized with reporting, labeling, or recordkeeping requirements established under RCW 70A.60.030.(b) To the extent practicable, the department must adopt rules to implement this section that are consistent with similar programs in other states that reduce emissions from refrigerants.(c) The department may adopt rules to grant variances from the requirements of this section.(d) Restrictions adopted by the department under this section are additional to specific restrictions on applications and end uses established in RCW 70A.60.060.(6)(a) Prior to adopting final rules to implement restrictions under subsection (2) or (3) of this section, the department must review the availability and affordability of:(i) Equipment that meets applicable global warming potential requirements;(ii) Refrigerants that meet applicable global warming potential requirements; and(iii) Appropriate training to utilize equipment that meets applicable global warming potential requirements.(b) After the review required under (a) of this subsection, the department is encouraged to consider delaying the effective date of restrictions under this section in the event that the department determines that significant training or compliant equipment or refrigerant availability and affordability limitations are expected to occur.[ 2021 c 315 § 8.]NOTES:Effective date—2021 c 315 § 8: "Section 8 of this act takes effect January 1, 2022." [ 2021 c 315 § 22.]