Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.76 - Prohibitions on Use of Certain Hydrofluorocarbons in Refrigeration, Chillers, Aerosol Propellants, and Foam End-uses

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purposes of 310 CMR 7.76 are to prevent
			 and control pollution to the atmosphere, as required by M.G.L. c. 111,
			 §§ 142A and 142B, to support Massachusetts in achieving greenhouse
			 gas emissions reductions goals established pursuant to M.G.L. c. 21N and to
			 reduce hydrofluorocarbon emissions by adopting specific prohibitions for
			 certain substances in refrigeration equipment, chillers, aerosol propellants,
			 and foam end-uses.
(2)
Definitions
. The definitions in 310 CMR 7.76(2) apply
			 to 310 CMR 7.76. Where a term defined in
			 310 CMR
			 7.70 also appears in 310 CMR 7.76, the
			 definition in 310 CMR 7.76 is applicable for the purpose of 310 CMR 7.76.
Aerosol Propellant
. A compressed gas
				or vapor in a container which, upon release of pressure and expansion through a
				valve, carries another substance from the container as a mist or spray.
Air Conditioning Equipment
. Chillers,
				both centrifugal chillers and positive displacement chillers, intended for
				comfort cooling of occupied spaces.
Capital Cost
. An expense incurred in
				the production of goods or in rendering services including, but not limited to,
				the cost of engineering, purchase, and installation of components or systems,
				and instrumentation, and contractor and construction fees.
Centrifugal Chiller
. Air conditioning
				equipment that utilizes a centrifugal compressor in a vapor-compression
				refrigeration cycle. Under
Centrifugal Chiller,
a
				centrifugal chiller is a chiller intended for comfort cooling and does not
				include chillers used for industrial process cooling and refrigeration.
Cold Storage Warehouse
. A cooled
				facility designed to store meat, produce, dairy products, and other products
				that are delivered to other locations for sale to consumers.
Component
. A part of a refrigeration
				system, including but not limited to, a condensing unit, compressor, condenser,
				evaporator, and receiver; and all of its connections and subassemblies, without
				which the refrigeration system will not properly function or will be subject to
				failures.
Cumulative Replacement
. All additions
				or changes in multiple components within a three-year period.
Effective Date of Prohibition
. The
				date on which the prohibitions in 310 CMR 7.76(6) take effect.
End-use
. Processes or classes of
				specific applications within industry sectors including, but not limited to,
				those listed in 310 CMR 7.76(6).
Flexible Polyurethane
. A non-rigid
				polyurethane foam including, but not limited to, that used in furniture,
				bedding, and chair cushions.
Foam.
A product with a cellular
				structure formed
via
a foaming process in a variety of
				materials that undergo hardening
via
a chemical reaction or
				phase transition.
Foam Blowing Agent
. A substance that
				functions as a source of gas to generate bubbles or cells in the mixture during
				the formation of foam.
Household Refrigerators and Freezers
.
				Refrigerators, refrigerator-freezers, freezers, and miscellaneous household
				refrigeration appliances intended for residential use. For the purposes of 310
				CMR 7.76,
Household Refrigerators
and
Freezers
does not include
Household
				Refrigerators and Freezers - Compact,
or
Household
				Refrigerators and Freezers - Built-in
.
Household Refrigerators and Freezers -
				Compact
. Any refrigerator, refrigerator-freezer or freezer
				intended for residential use with a total refrigerated volume of less than 7.75
				cubic feet (220 liters).
Hydrofluorocarbon or HFC
. A class of
				greenhouse gases that are saturated organic compounds containing hydrogen,
				fluorine, and carbon.
Integral Skin Polyurethane
. A
				self-skinning polyurethane foam including, but not limited to, that used in car
				steering wheels and dashboards.
Metered Dose Inhaler, or Medical Dose
				Inhaler
, or
MDI
. A device that delivers a
				measured amount of medication as a mist that a patient can inhale, typically
				used for bronchodilation to treat symptoms of asthma, chronic obstructive
				pulmonary disease (COPD), chronic bronchitis, emphysema, and other respiratory
				illnesses. An MDI consists of a pressurized canister of medication in a case
				with a mouthpiece.
New
means:
(a) products or equipment that are
			 manufactured on or after the effective date of prohibition in 310 CMR 7.76(6):
Table 1
;
(b)
			 products or equipment first assembled and installed for an intended purpose
			 with new or used components on or after the effective date of prohibition in
			 310 CMR 7.76(6):
Table 1
;
(c) products or equipment to which components
			 have been added to increase system capacity on or after the effective date of
			 prohibition in 310 CMR 7.76(6):
Table 1
; or
(d) products or equipment replaced or
			 cumulatively replaced such that the cumulative capital cost on or after the
			 effective date of prohibition in 310 CMR 7.76(6):
Table 1
of
			 replacement exceeds 50% of the capital cost of replacing the whole system.
PERSON
. Any individual, firm,
				association, organization, manufacturer, distributor, partnership, trust,
				corporation, limited liability company, company, state, or local governmental
				agency or public district.
Phenolic Insulation Board and
				Bunstock
. Phenolic insulation including but not limited to that
				used for roofing and walls. Bunstock is a large solid box-like structure formed
				during the production of polystyrene insulation.
Polyolefin
. Foam sheets and tubes made
				of polyolefin, a macromolecule formed by the polymerization of olefin monomer
				units.
Polystyrene Extruded Boardstock and Billet
				(XPS)
. A foam formed from polymers of styrene and produced on
				extruding machines in the form of continuous foam slabs which can be cut and
				shaped into panels used for roofing, walls, flooring, and pipes.
Polystyrene Extruded Sheet
.
				Polystyrene foam including, but not limited to, that used for packaging and
				buoyancy or floatation. It is also made into food-service items including, but
				not limited to, hinged polystyrene containers (for "take-out" from
				restaurants); food trays (meat and poultry), plates, bowls, and retail egg
				containers.
Polyurethane
. A polymer formed
				principally by the reaction of an isocyanate and a polyol.
Positive Displacement Chiller
. Vapor
				compression cycle chillers that use positive displacement compressors,
				typically used for commercial comfort air conditioning. For the purpose of 310
				CMR 7.76,
Positive Displacement Chiller
is a chiller
				intended for comfort cooling and does not include cooling for industrial
				process cooling and refrigeration.
Refrigerant
. Any substance, including
				blends and mixtures, which is used for heat transfer purposes.
Refrigerated Food Processing and Dispensing
				Equipment
. Retail food refrigeration equipment that is designed to
				process food and beverages that are intended for immediate or near-immediate
				consumption including, but not limited to, chilled and frozen beverages, ice
				cream, and whipped cream. For the purpose of 310 CMR 7.76,
Refrigerated Food Processing and Dispensing Equipment
does not include water coolers, or units designed solely to cool and dispense
				water.
Refrigeration Equipment
. Any
				stationary device that is designed to contain and use refrigerant to establish
				or maintain colder than ambient temperatures in a confined space including, but
				not limited to, retail or commercial refrigeration equipment, household
				refrigerators and freezers, and cold storage warehouses.
Remote Condensing Units
. Retail
				refrigeration equipment or units that have a central condensing portion and may
				consist of compressors, condensers, and receivers assembled into a single unit,
				which may be located external to the sales area. The condensing portion (and
				often other parts of the system) is located outside the space or area cooled by
				the evaporator. For example,
Remote Condensing Units
are commonly installed in convenience stores, specialty shops
				(
e.g
., bakeries, butcher shops), supermarkets, restaurants,
				and other locations where food or other products are stored, served, or
				sold.
Residential Use
. Use by a private
				individual of a substance, or a product containing the substance, in or around
				a permanent or temporary household, including use in both single and multi-unit
				dwellings, during recreation, or for any personal use or enjoyment. Use within
				a household for commercial or medical applications is not included in this
				definition, nor is use in automobiles, watercraft, or aircraft.
Retail Food Refrigeration or Commercial
				Refrigeration
. Equipment designed to store and display chilled or
				frozen goods for commercial sale including, but not limited to, stand-alone
				units, refrigerated goods processing and dispensing equipment, remote
				condensing units, supermarket systems, and vending machines.
Retrofit
. To convert an appliance from
				one refrigerant to another refrigerant. Retrofitting includes the conversion of
				the appliance to achieve system compatibility with the new refrigerant and may
				include, but is not limited to, changes in lubricants, gaskets, filters,
				driers, valves, o-rings or appliance components.
Rigid Polyurethane and Polyisocyanurate Laminated
				Boardstock
. Laminated board insulation made with polyurethane or
				polyisocyanurate foam including, but not limited to, that used for roofing and
				walls.
Rigid Polyurethane Appliance Foam
.
				Polyurethane insulation foam in domestic (
e.g
. residential)
				appliances.
Rigid Polyurethane Commercial Refrigeration and
				Sandwich Panels
. Polyurethane foam, used to provide insulation in
				walls and doors including, but not limited to, that used for commercial
				refrigeration equipment and garage doors.
Rigid Polyurethane High-pressure Two-component
				Spray Foam
. A liquid polyurethane foam system sold as two parts
				(
i.e
., A-side and B-side) in non-pressurized containers; and
				is field or factory applied
in situ
using high-pressure
				proportioning pumps at 800-1600 pounds per square inch (psi) and an application
				gun to mix and dispense the chemical components.
Rigid Polyurethane Low-pressure Two-component Spray
				Foam
. A liquid polyurethane foam system sold as two parts
				(
i.e
., A-side and B-side) in containers that are pressurized
				to less than 250 psi during manufacture of the system for application without
				pumps; and are typically applied
in situ
relying upon a liquid
				blowing agent and/or gaseous foam blowing agent that also serves as a
				propellant.
Rigid Polyurethane Marine Flotation
				Foam
. Buoyancy or flotation polyurethane foam used in boat and
				ship manufacturing for both structural and flotation purposes.
Rigid Polyurethane One-component Foam
				Sealants
. A polyurethane foam generally packaged in aerosol cans
				that is applied
in situ
using a gaseous foam blowing agent
				that is also the propellant for the aerosol formulation.
Rigid Polyurethane Slabstock and
				Other
. A rigid closed-cell polyurethane foam formed into slabstock
				insulation for panels and fabricated shapes for pipes and vessels.
Stand-Alone Unit
. Retail
				refrigerators, freezers, and reach-in coolers (either open or with doors) where
				all refrigeration components are integrated and the refrigeration circuit is
				entirely brazed or welded. These systems are fully charged with refrigerant at
				the factory and typically require only an electricity supply to begin
				operation.
Stand-alone Low-temperature Unit
. A
				stand-alone unit that maintains goods at temperatures at or below 32°F
				(0°C).
Stand-alone Medium-temperature Unit
. A
				stand-alone unit that maintains goods at temperatures above 32/F (0 /C).
State
(when capitalized). The
				Commonwealth of Massachusetts for disclosure requirements in 310 CMR
				7.76(5).
Substance
. Any chemical intended for
				use in the end-uses listed in 310 CMR 7.76(6).
Supermarket Systems
. Multiplex or
				centralized retail food refrigeration equipment systems designed to cool or
				refrigerate, which operate with racks of compressors installed in a machinery
				room and which includes both direct and indirect systems.
Use
. Any utilization of any substance
				including, but not limited to, utilization in a manufacturing process or
				product in Massachusetts, consumption by the end-user in Massachusetts, or in
				intermediate applications in Massachusetts, such as formulation or packaging
				for other subsequent applications. For the purposes of 310 CMR 7.76,
Use
excludes residential use, but it does not exclude
				manufacturing for the purpose of residential use.
Vending Machines
. A self-contained
				unit that dispenses goods that must be kept cold or frozen.