Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 145 - REGULATIONS FOR CONTROL OF GREENHOUSE GASES › Section 9VAC5-145-100 - Applicability, prohibitions, and exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The sale,
				lease, rent, installation, or entry into commerce in the Commonwealth of
				Virginia by any person of any products or equipment that use or will use
				hydrofluorocarbons for the applications and end-uses restricted by Appendix U
				and Appendix V of Subpart G of 40 CFR Part 82 , as those read on January 3,
				2017, is prohibited after the effective date specified in
				9VAC5-145-120.
B. Except where an existing system is
				retrofitted, nothing in this chapter requires a person that acquired prior to
				the effective date of the restrictions specified in
				9VAC5-145-120, a
				product or equipment containing a substance prohibited under this chapter, to
				cease use of that product or equipment.
C. The prohibitions of this chapter do not
				apply to products or equipment in specific applications and end-uses restricted
				by Appendix U and Appendix V of Subpart G of 40 CFR Part 82 , as those read on
				January 3, 2017, that were manufactured prior to the effective date of the
				restrictions specified in
				9VAC5-145-120.
D. Notwithstanding subsection A of this
				section, the uses of hydrofluorocarbons specified in subdivisions 1, 2, and 3
				of this subsection are exempt from the prohibitions for the applications and
				end-uses restricted by Appendix U and Appendix V of Subpart G of 40 CFR Part
				82, as those read on January 3, 2017.
1. This
				chapter does not restrict the use of hydrofluorocarbons in the manufacturing
				process by extruded polystyrene board stock and billet manufacturers located in
				the Commonwealth of Virginia to produce products for sale and distribution
				outside of the Commonwealth, as long as the manufacturer and the distributors
				of that product can demonstrate (i) that the extruded polystyrene board stock
				or billet product is intended for distribution and sale, lease, rental,
				installation, or entry into commerce outside of the Commonwealth of Virginia
				and (ii) that the manufacturer and distributors have taken reasonable
				precautions to assure that the extruded polystyrene board stock or billet
				product is not distributed within the Commonwealth for sale, lease, rental,
				installation, or entry into commerce. This exemption does not apply to extruded
				polystyrene board stock or billet products that are sold, leased, rented,
				installed, or otherwise entered into commerce by any person to retail outlets
				within the Commonwealth. This exemption shall expire on the date specified in
				9VAC5-145-130
				B.
2. This chapter does not
				restrict the use of hydrofluorocarbons in the manufacturing process by aviation
				and aerospace businesses located in Virginia to produce products for sale and
				distribution.
3. This chapter does
				not restrict the management or use of a regulated substance for which the
				Administrator of the U. S. Environmental Protection Agency has provided a
				mandatory allocation of allowances pursuant to Section 103 (e)(4)(B)(iv)(I) of
				the American Innovation and Manufacturing Act of 2020 in Division S, Innovation
				for the Environment, of the Consolidated Appropriations Act, 2021 (H.R. 133
				(116th)) for the exclusive use in applications solely for:
a. A propellant in metered dose
				inhalers;
b. Defense
				sprays;
c. Structural composite
				preformed polyurethane foam for marine use and trailer use;
d. The etching of semiconductor material or
				wafers and the cleaning of chemical vapor deposition chambers within the
				semiconductor manufacturing sector;
e. Mission-critical military end-uses, such
				as armored vehicle engine and shipyard fire suppression systems and systems
				used in deployable and expeditionary applications; and
f. Onboard aerospace fire
				suppression.
4. The
				exemption in subdivision 2 of this subsection shall expire on December 28,
				2025, or in the event the Administrator of the U.S. Environmental Protection
				Agency has extended providing the allocation of allowances for certain
				essential uses pursuant to Section 103 (e)(4)(B)(v)(II) of the American
				Innovation and Manufacturing Act of 2020 in Division S, Innovation for the
				Environment, of the Consolidated Appropriations Act, 2021 (H.R. 133 (116th)) to
				the date that extension ends, whichever is later.