reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-441 - Reporting of emissions of greenhouse gases › Section 173-441-080 - Standardized methods and conversion factors incorporated by reference

Current through Register Vol. 24-14, July 15, 2024
(1) The materials
			 incorporated by reference by EPA in
			 40
			 C.F.R. §
									98.7, are incorporated by
			 reference in this chapter for use in the sections of this chapter that
			 correspond to the sections of  40 C.F.R. Part 98  referenced here.
(2) Table A-2 of this section provides a
			 conversion table for some of the common units of measure used in this chapter.
Table A-2:
Units of Measure
				Conversions
To convert from
To
Multiply by
Kilograms (kg)
Pounds (lbs)
2.20462
Pounds (lbs)
Kilograms (kg)
0.45359
Pounds (lbs)
Metric tons
4.53592 x 10-4
Short tons
Pounds (lbs)
2,000
Short tons
Metric tons
0.90718
Metric tons
Short tons
1.10231
Metric tons
Kilograms (kg)
1,000
Cubic meters (m3)
Cubic feet (ft3)
35.31467
Cubic feet (ft3)
Cubic meters (m3)
0.028317
Gallons (liquid, US)
Liters (l)
3.78541
Liters (l)
Gallons (liquid, US)
0.26417
Barrels of liquid fuel (bbl)
Cubic meters (m3)
0.15891
Cubic meters (m3)
Barrels of liquid fuel (bbl)
6.289
Barrels of liquid fuel (bbl)
Gallons (liquid, US)
42
Gallons (liquid, US)
Barrels of liquid fuel (bbl)
0.023810
Gallons (liquid, US)
Cubic meters (m3)
0.0037854
Liters (l)
Cubic meters (m3)
0.001
Feet (ft)
Meters (m)
0.3048
Meters (m)
Feet (ft)
3.28084
Miles (mi)
Kilometers (km)
1.60934
Kilometers (km)
Miles (mi)
0.62137
Square feet (ft2)
Acres
2.29568 x 10-5
Square meters (m2)
Acres
2.47105 x 10-4
Square miles (mi2)
Square kilometers
						  (km2)
2.58999
Degrees Celsius (°C)
Degrees Fahrenheit (°F)
°C = (5/9) x (°F - 32)
Degrees Fahrenheit (°F)
Degrees Celsius (°C)
°F = (9/5) x (°C + 32)
Degrees Celsius (°C)
Kelvin (K)
K = °C + 273.15
Kelvin (K)
Degrees Rankine (°R)
1.8
Joules
Btu
9.47817 x 10-4
Btu
MMBtu
1 x 10-6
Pascals (Pa)
Inches of Mercury (in Hg)
2.95334 x 10-4
Inches of Mercury (in Hg)
Pounds per square inch (psi)
0.49110
Pounds per square inch (psi)
Inches of Mercury (in Hg)
2.03625
Statutory Authority:   2010 c  146, and chapters 70.235 and
				  70.94 RCW. 10-24-108 (Order 10-08),
				  § 173-441-080, filed 12/1/10, effective
				  1/1/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-441 - Reporting of emissions of greenhouse gases › Section 173-441-085 - Third-party verification

Current through Register Vol. 24-14, July 15, 2024
Beginning with the 2023 emissions year reported in 2024, a
				person that emits 25,000 metric tons CO2e or more per
				calendar year in total GHG emissions as calculated using the methods in WAC
				173-441-030 or has
				a mandatory or voluntary compliance obligation under chapter 70A.65 RCW, as
				described in chapter 173-446 WAC must have the reporter's annual GHG reports
				verified by a third party as specified in this section. Third-party
				verification requirements are in addition to other verification and report
				correction requirements in this chapter.
(1)
Annual GHG reports must be
			 third-party verified each emissions year that:
(a) The reporter emits 25,000 metric tons
			 CO2e or more per calendar year in total GHG emissions as
			 calculated using the methods in WAC
			 173-441-030;
(b) The reporter has a mandatory or voluntary
			 compliance obligation under chapter 70A.65 RCW, as described in chapter 173-446
			 WAC;
(c) Is part of a baseline
			 calculation or otherwise covered under chapter 70A.65 RCW, as described in
			 chapter 173-446 WAC; or
(d) For the
			 first year after no longer meeting the requirements of (a) through (c) of this
			 subsection unless the operations of the reporter are changed such that all
			 applicable GHG emitting processes and operations listed in WAC
			 173-441-120,
			 173-441-122, and 173-441-124 permanently cease to operate.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-441 - Reporting of emissions of greenhouse gases › Section 173-441-086 - Assigned emissions level

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Ecology may assign an emissions level to any annual GHG report that:
(a) Failed to submit a complete annual GHG
			 report by the report submission due date, specified in WAC
			 173-441-050(2);
(b) Failed to meet the third-party
			 verification requirements in WAC
			 173-441-085;
(c) Has an adverse verification statement;
			 or
(d) Ecology determines a
			 discrepancy, omission, or misreporting, as described in WAC
			 173-441-085(3)(b)(i)
			 through (iv), results in a substantive error
			 as defined in WAC
			 173-441-050(7)(c).
			 This standard also separately applies to any product data in the annual GHG
			 report.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-441 - Reporting of emissions of greenhouse gases › Section 173-441-090 - Compliance and enforcement

Current through Register Vol. 24-14, July 15, 2024
We modified this section to include subsection (3), which
				details phased enforcement for some reporting elements for the 2022 emissions
				year. We made this change in response to public comments and to allow reporters
				to adapt to new reporting requirements and tools.
(1)
Violations.
Any violation of
			 any requirement of this chapter must be a violation of chapter 70A.15 RCW and
			 subject to enforcement as provided in that chapter. A violation includes, but
			 is not limited to, failure to submit a complete report by the reporting
			 deadline, failure to report accurately, failure to collect data needed to
			 calculate GHG emissions or product data, failure to continuously monitor and
			 test as required, failure to retain records needed to verify the amount of GHG
			 emissions or product data, failure to calculate GHG emissions or product data
			 following the methodologies specified in this chapter, failure to have the
			 annual GHG report third-party verified, and failure to pay the required
			 reporting fee. Each calendar day and each metric ton
			 CO2e of emissions of a violation constitutes a separate
			 violation.
(2)
Enforcement
			 responsibility.
Ecology must enforce the requirements of this
			 chapter.
(3)
Phased
			 enforcement for some reporting elements for the 2022 emissions year.
Ecology is phasing in enforcement for nonconformance with new reporting
			 requirements, including WAC 173-441-122 and 173-441-124, adopted February 9,
			 2022, during the 2022 emissions year reported in 2023 as follows.
(a) Ecology may issue violations under
			 subsection (1) of this section for any nonconformance with new reporting
			 requirements, including WAC 173-441-122 and 173-441-124, adopted February 9,
			 2022, during the 2022 emissions year reported in 2023; however, ecology will
			 not issue monetary penalties under this section, except for failure to comply
			 with the requirement to submit a complete report by the reporting deadline, for
			 this period. All other provisions of this chapter apply during this
			 period.
(b) New reporting
			 requirements, including WAC 173-441-122 and 173-441-124, adopted February 9,
			 2022, are fully subject to compliance and enforcement provisions of this
			 section, including potential monetary penalties for violations, beginning with
			 the 2023 emissions year reported in 2024.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-441 - Reporting of emissions of greenhouse gases › Section 173-441-100 - Addresses

Current through Register Vol. 24-14, July 15, 2024
All requests, notifications, and communications to ecology
				pursuant to this chapter, must be submitted in a format as specified by ecology
				to either of the following:
(1) For
			 U.S. mail: Greenhouse Gas Reporting, Air Quality Program, Department of
			 Ecology, P.O. Box 47600, Olympia, WA 98504-7600.
(2) For email:
			 ghgreporting@ecy.wa.gov.
Statutory Authority:   2010 c  146, and chapters 70.235 and
				  70.94 RCW. 10-24-108 (Order 10-08),
				  § 173-441-100, filed 12/1/10, effective
				  1/1/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-441 - Reporting of emissions of greenhouse gases › Section 173-441-110 - Fees

Current through Register Vol. 24-14, July 15, 2024
(1)
Fee
			 determination.
All persons required to report or voluntarily reporting
			 under WAC
			 173-441-030 must
			 pay a reporting fee for each year they submit a report to ecology. Ecology must
			 establish reporting fees based on workload using the process outlined below.
			 The fees must be sufficient to cover ecology's costs to administer the GHG
			 emissions reporting program.
(2)
Fee eligible activities.
All costs of activities associated with
			 administering this reporting program, as described in
			 RCW
			    70A.15.2200(2), are fee
			 eligible.
(3)
Workload
			 analysis and budget development.
Each biennium, ecology must conduct a
			 workload analysis and develop a budget based on the process outlined below:
(a) Ecology must conduct a workload analysis
			 projecting resource requirements for administering the reporting program,
			 organized by categories of fee eligible activities, for the purpose of
			 preparing the budget. Ecology must prepare the workload analysis for the
			 two-year period corresponding to each biennium. The workload analysis must
			 identify the fee eligible administrative activities related to the reporting
			 program that it will perform during the biennium and must estimate the
			 resources required to perform these activities.
(b) Ecology must prepare a budget for
			 administering the reporting program for the two-year period corresponding to
			 each biennium. Ecology must base the budget on the resource requirements
			 identified in the workload analysis for the biennium and must take into account
			 the reporting program account balance at the start of the biennium.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-441 - Reporting of emissions of greenhouse gases › Section 173-441-122 - Calculation methods for suppliers

Current through Register Vol. 24-14, July 15, 2024
This section establishes the scope of reportable GHG emissions
				under this chapter and GHG emissions calculation methods for suppliers. Owners
				and operators of suppliers must follow the requirements of this section to
				determine if they are required to report under WAC
				173-441-030(2).
				Owners and operators of suppliers that are subject to this chapter must follow
				the requirements of this section and all subparts of             40 C.F.R. Part 98             listed
				in this section when calculating emissions. If a conflict exists between a
				provision in WAC
				173-441-010 through
				173-441-110 and
				173-441-140
				through
				173-441-170 and any
				applicable provision of this section, the requirements of those sections must
				take precedence.
(1)
General
			 requirements.
An owner or operator of a supplier subject to the
			 requirements of this chapter must report GHG emissions, including GHG emissions
			 from biomass, from all applicable source categories with GHG emissions in
			 Washington state listed in (a) of this subsection using the methods in this
			 section. All GHG emissions in Washington state from a common primary parent
			 company or owner or operator are considered part of a single supplier for the
			 purposes of this section.
(a) Supplier source
			 categories:
(i) Position holders at terminals
			 and refiners delivering fuel products, other than natural gas described in
			 Subpart NN;
(ii) Enterers that
			 import fuel products, other than natural gas described in Subpart NN, outside
			 the bulk transfer/terminal system, and biofuel production facilities that
			 produce and deliver fuel products outside the bulk/terminal system;
(iii) Refiners that produce liquefied
			 petroleum gas;
(iv) Operators of
			 interstate pipelines delivering natural gas;
(v) Importers of liquefied petroleum gas,
			 compressed natural gas, or liquefied natural gas into Washington;
(vi) Local distribution companies who are
			 public utility gas corporations or publicly owned natural gas utilities
			 delivering natural gas;
(vii)
			 Operators of intrastate pipelines delivering natural gas;
(viii) Natural gas liquid
			 fractionators;
(ix) Producers,
			 importers, and exporters of carbon dioxide;
(x) Facilities that make and deliver
			 liquefied natural gas products or compressed natural gas products by liquefying
			 or compressing natural gas received from interstate pipelines.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-441 - Reporting of emissions of greenhouse gases › Section 173-441-124 - Calculation methods for electric power entities

Current through Register Vol. 24-14, July 15, 2024
This section establishes the scope of reportable energy and GHG
				emissions under this chapter and GHG emissions calculation methods for electric
				power entities. Owners and operators of electric power entities must follow the
				requirements of this section to determine if they are required to report under
				WAC
				173-441-030(3).
				Owners and operators of electric power entities that are subject to this
				chapter must follow the requirements of this section when calculating
				emissions. If a conflict exists between a provision in WAC
				173-441-010 through
				173-441-110 and
				173-441-140
				through
				173-441-170 and any
				applicable provision of this section, the requirements of those sections must
				take precedence.
(1)
General
			 requirements.
An owner or operator of an electric power entity subject
			 to the requirements of this chapter must report GHG emissions, including GHG
			 emissions from biomass, from all applicable categories listed in (a) of this
			 subsection using the methods and procedures in this section.
(a) Electric power entity categories:
(i) Electricity importers and exporters, as
			 defined in this section;
(ii)
			 Retail providers, including multijurisdictional retail providers, as defined in
			 this section;
(iii) Asset
			 controlling suppliers;
(iv)
			 Electric generating facilities in Washington state must report using the
			 methods specified in WAC
			 173-441-120.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-441 - Reporting of emissions of greenhouse gases › Section 173-441-130

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:   2010 c  146, and chapters 70.235 and
				  70.94 RCW. 10-24-108 (Order 10-08),
				  § 173-441-130, filed 12/1/10, effective
				  1/1/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-441 - Reporting of emissions of greenhouse gases › Section 173-441-140 - Petitioning ecology to use an alternative calculation method to calculate greenhouse gas emissions

Current through Register Vol. 24-14, July 15, 2024
An owner or operator may petition ecology to use calculation
				methods other than those specified in WAC
				173-441-120,
				173-441-122, or 173-441-124 to calculate GHG emissions. The following
				requirements apply to the submission, review, and approval or denial of a
				petition:
(1)
Petition
			 submittal.
An owner or operator must submit a petition that meets the
			 following conditions before ecology may review the petition and issue a
			 determination.
(a) An owner or operator must
			 submit a complete petition no later than 180 calendar days prior to the
			 emissions report deadline established in WAC
			 173-441-050(2).
			 Such petition must include sufficient information, as described in (b) of this
			 subsection, for ecology to determine whether the proposed alternative
			 calculation method will provide emissions data sufficient to meet the reporting
			 requirements of
			 RCW
			    70A.15.2200. Ecology will notify the owner or
			 operator within 30 calendar days of receipt of a petition of any additional
			 information ecology requires to approve the proposed calculation methods in the
			 petition. If a petition is under review by ecology at the time an annual
			 emissions report is due under WAC
			 173-441-050(2),
			 the owner or operator must submit the emissions report using the calculation
			 methods approved under this chapter at the time of submittal of the emissions
			 report.
(b) The petition must
			 include, at a minimum, the following information:
(i) Identifying information as specified in
			 WAC
			 173-441-060(9)(b) and
			 173-441-060(13)(b)(ii) of the designated representative and any agent submitting a petition;
(ii) Identifying information as specified in
			 WAC
			 173-441-050(3)(a) of the facility or facilities where the owner or operator proposes to use the
			 alternative calculation method;
(iii) A clear and complete reference to the
			 subparts or sections in EPA's mandatory greenhouse gas reporting regulation
			 that contain the alternative calculation method and the date that EPA adopted
			 the subparts or sections;
(iv) The
			 source categories that will use the alternative calculation method;
(v) The date that the owner or operator
			 intends to start using the alternative calculation method;
(vi) Any other supporting data or information
			 as requested by ecology as described in subsection (2) of this section;
			 and
(vii) The designated
			 representative must sign and date the petition.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-441 - Reporting of emissions of greenhouse gases › Section 173-441-150 - Confidentiality

Current through Register Vol. 24-14, July 15, 2024
(1) Emissions data
			 submitted to ecology under this chapter are public information and must not be
			 designated as confidential.
(2)
			 Information considered confidential by EPA or other jurisdictions is not
			 considered confidential by ecology unless it also meets the conditions
			 established in subsection (3) of this section.
(3) Any person submitting information to
			 ecology under this chapter may request that ecology keep information that is
			 not emissions data confidential as proprietary information under
			 RCW
			    70A.15.2510 or because it is otherwise exempt
			 from public disclosure under the Washington Public Records Act (chapter 42.56
			 RCW). All such requests for confidentiality must meet the requirements of
			 RCW
			    70A.15.2510.
(4) Ecology's determinations of the
			 verification status of each report are public information. All confidential
			 data used in the verification process will remain confidential.
Statutory Authority:   2010 c  146, and chapters 70.235 and
				  70.94 RCW. 10-24-108 (Order 10-08),
				  § 173-441-150, filed 12/1/10, effective
				  1/1/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Section 173-443-010 - Policy and purpose

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology's policy
			 under chapters 70A.60 and 43.21A RCW is to provide for the systematic control
			 of air pollution from air contaminant sources. Ecology's policy under chapter
			 70A.60 RCW is to reduce the emissions of hydrofluorocarbons (HFCs) and other
			 fluorinated greenhouse gases.
(2)
			 This chapter establishes requirements for the transition to less damaging
			 refrigerants and refrigerant substitutes in the air conditioning and
			 refrigeration, aerosol propellant, and foam end-use categories in Washington in
			 a manner similar to rules adopted under EPA's Significant New Alternative
			 Policy (SNAP) program and refrigerant management and HFC rules adopted by other
			 states around the country.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Section 173-443-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
The requirements of this chapter apply to:
(1) Person who offers for sale, leases,
			 rents, installs, or otherwise causes to enter into Washington commerce any new
			 product or equipment that contains or uses a prohibited substance listed in WAC
			 173-443-040, Table 1;
(2) A person who offers for sale, leases,
			 rents, installs, or otherwise causes to enter into Washington commerce any new
			 refrigeration or air conditioning system that contains or uses a prohibited
			 substance listed in WAC
			 173-443-040, Tables 2 and 3,
			 respectively;
(3) A person who
			 sells, offers for sale, or purchases a small container of refrigerant or a
			 nonessential consumer product that contains or uses a prohibited substance
			 listed in WAC
			 173-443-040, Table 4;
(4) A person who owns or operates a facility
			 that has a refrigeration or air conditioning system with a full charge of 50 or
			 more pounds and that uses a refrigerant with a global warming potential (GWP)
			 of 150 or more;
(5) A person who
			 installs, repairs, maintains, services, replaces, or disposes of a
			 refrigeration or air conditioning system; and
(6) A person who wholesales, distributes, or
			 reclaims a refrigerant with a GWP of 150 or more.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part I - PROHIBITIONS ON THE USE OF CERTAIN HYDROFLUOROCARBONS › Section 173-443-060 - Prohibitions and additional requirements for new products and equipment listed in Table 1

Current through Register Vol. 24-14, July 15, 2024
(1) Prohibitions. No
				person may offer for sale, lease, rent, install, or otherwise cause to enter
				into Washington commerce any new product or equipment, as defined in WAC
				173-443-030, that contains or
				uses a prohibited substance listed in WAC
				173-443-040, Table 1, unless an
				exemption is provided for in WAC
				173-443-050.
(2) Sell through provisions.
(a) Products and equipment manufactured prior
				to the effective date of a prohibition in WAC
				173-443-040, Table 1, may be
				sold, leased, rented, imported, exported, distributed, installed, used, or
				otherwise introduced into Washington commerce after the date of
				prohibition.
(b) Polyurethane foam
				systems manufactured (blended) before the prohibition date and not yet applied
				on site may be used after the prohibition date.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part I - PROHIBITIONS ON THE USE OF CERTAIN HYDROFLUOROCARBONS › Section 173-443-065 - Prohibitions and additional requirements for new or retrofit refrigeration equipment listed in Table 2

Current through Register Vol. 24-14, July 15, 2024
(1) Prohibitions. No
				person shall offer for sale, lease, rent, install, or otherwise cause to enter
				into Washington commerce any new refrigeration equipment that contains or uses
				a prohibited substance listed in WAC
				173-443-040, Table 2, unless an
				exemption is provided for in WAC
				173-443-050.
(2) Sell through provision. Refrigeration
				equipment that is manufactured prior to January 1, 2024, may be sold, leased,
				rented, installed, or otherwise introduced into Washington commerce until
				January 1, 2026.
(3) Labeling and
				disclosure. Beginning one year from the effective date of this chapter, a
				manufacturer of new refrigeration equipment that is intended for sale or other
				entry into Washington commerce, must disclose the substance(s) contained or
				used in its equipment by labeling the equipment in accordance with this
				subsection. For field-charged or field-erected equipment, this labeling must be
				completed by the equipment installer at the time of installation.
(a) The following information must be
				disclosed in the form of an on-product label:
(i) Chemical name, or American Society of
				Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE) designation, of
				the sub-stance(s) used or contained in the equipment;
(ii) The GWP, labeled as "global warming
				potential," of the sub-stance(s) used or contained in the equipment;
(iii) The date of manufacture, or at a
				minimum, the year of manufacture. For field charged or field erected equipment,
				this is the date of first charge; and
(iv) Full refrigerant charge size in ounces,
				pounds, or kilograms.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part I - PROHIBITIONS ON THE USE OF CERTAIN HYDROFLUOROCARBONS › Section 173-443-070

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part I - PROHIBITIONS ON THE USE OF CERTAIN HYDROFLUOROCARBONS › Section 173-443-075 - Prohibitions and additional requirements for new or retrofit air conditioning equipment listed in Table 3

Current through Register Vol. 24-14, July 15, 2024
(1) Prohibitions. No
				person shall offer for sale, lease, rent, install, or other cause to enter into
				Washington commerce any new air conditioning equipment that contains or uses a
				prohibited substance listed in WAC
				173-443-040, Table 3, unless an
				exemption is provided for in WAC
				173-443-050.
(2) Sell through provision. Air conditioning
				equipment that is manufactured prior to January 1, 2024, may be sold, leased,
				rented, installed, or otherwise introduced into Washington commerce until
				January 1, 2026.
(3) Labeling and
				disclosure. Beginning one year from the effective date of this chapter, a
				manufacturer of any new air conditioning equipment that is intended for sale or
				other entry into Washington commerce, must disclose the substance(s) contained
				or used in its equipment by labeling the equipment in accordance with this
				subsection. For field-charged or field-erected equipment, this labeling must be
				completed by the equipment installer, as the manufacturer, at the time of
				installation.
(a) The following information
				must be disclosed in the form of an on-product label:
(i) Chemical name, or American Society of
				Heating and Air Conditioning Engineers (ASHRAE) designation, of the
				substance(s) used or contained in the equipment;
(ii) The GWP, labeled as "global warming
				potential," of the sub-stance(s) used or contained in the equipment;
(iii) Date of manufacture or import. For
				field-erected or field-charged equipment, this is the date of first charge;
				and
(iv) Refrigerant charge size in
				ounces, pounds, or kilograms.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part I - PROHIBITIONS ON THE USE OF CERTAIN HYDROFLUOROCARBONS › Section 173-443-080

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part I - PROHIBITIONS ON THE USE OF CERTAIN HYDROFLUOROCARBONS › Section 173-443-085 - Prohibitions for small containers of refrigerant and nonessential consumer products listed in Table 4

Current through Register Vol. 24-14, July 15, 2024
Prohibitions. No person shall sell, offer for sale, or
				  purchase a small container of refrigerant or a nonessential consumer product
				  that contains or uses a prohibited substance listed in WAC
				  173-443-040, Table 4, unless an
				  exemption is provided for in WAC
				  173-443-050.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part I - PROHIBITIONS ON THE USE OF CERTAIN HYDROFLUOROCARBONS › Section 173-443-090

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part I - PROHIBITIONS ON THE USE OF CERTAIN HYDROFLUOROCARBONS › Section 173-443-095 - Variances

Current through Register Vol. 24-14, July 15, 2024
(1) An applicant may
				apply to ecology for a variance from the prohibitions of WAC
				173-443-040, Table 2 or Table 3.
				Ecology may grant a variance if it determines that the request meets the
				conditions identified in subsection (2) of this section and the applicant has
				complied with subsection (3) of this section.
(2) Types of variances.
(a) Impossibility. Ecology may grant a
				variance if the applicant demonstrates that the requested exemption will not
				increase the overall risk to human health or the environment and all of the
				following apply:
(i) A substance that complies
				with the applicable threshold is not currently or potentially available;
				and
(ii) The applicant has made a
				good faith effort to anticipate, address, and mitigate any potential
				noncompliance.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part I - PROHIBITIONS ON THE USE OF CERTAIN HYDROFLUOROCARBONS › Section 173-443-100

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part II - REFRIGERANT MANAGEMENT PROGRAM › Section 173-443-105 - Refrigerant management program (RMP) purpose and applicability

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of the
				RMP is to reduce greenhouse gas emissions from stationary refrigeration and air
				conditioning systems and from the installation and servicing of stationary
				refrigeration and air conditioning systems using a refrigerant with a GWP of
				150 or more.
(2) The RMP
				requirements apply to:
(a) Any owner or
				operator of a facility that has a refrigeration or air conditioning system with
				a full charge greater than or equal to 50 pounds and that uses a refrigerant
				with a GWP of 150 or more;
(b) Any
				person who installs, repairs, maintains, services, or disposes of refrigeration
				or air conditioning equipment; and
(c) Any person who wholesales, distributes,
				or reclaims any amount of a refrigerant with a GWP of 150 or more in
				Washington.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part II - REFRIGERANT MANAGEMENT PROGRAM › Section 173-443-115 - Registration requirements for facilities with refrigeration or air conditioning systems

Current through Register Vol. 24-14, July 15, 2024
(1) Full charge of
				1,500 pounds or greater. The owner or operator of a facility that has a
				refrigeration or air conditioning system with a full charge greater than or
				equal to 1,500 pounds and that uses a refrigerant with a GWP of 150 or more
				must register with ecology by providing the information specified in subsection
				(6) of this section as follows:
(a) By March
				15, 2024, for refrigeration or air conditioning systems that begin operations
				on or before January 1, 2024; or
(b) By March 15th of the calendar year after
				the year in which the refrigeration or air conditioning system begins
				operations for systems that begin operating after January 1, 2024.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part II - REFRIGERANT MANAGEMENT PROGRAM › Section 173-443-125 - Registration requirements for refrigerant wholesalers, distributors, and reclaimers

Current through Register Vol. 24-14, July 15, 2024
(1) By March 15, 2024,
				a refrigerant wholesaler, distributor, or reclaimer that sells, supplies,
				distributes, or reclaims any amount of a refrigerant with a GWP of 150 or more
				in Washington for any purpose, other than those listed in subsection (2) of
				this section, must register with ecology by providing the information specified
				in subsection (3) of this section.
(2) This section does not apply to the sale,
				supply, distribution, or reclamation of refrigerants for the sole purpose of
				either:
(a) Selling to a refrigerant
				distributor or wholesaler for eventual resale; or
(b) Providing to a person for reclamation or
				destruction.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part II - REFRIGERANT MANAGEMENT PROGRAM › Section 173-443-135 - Implementation fees for facilities with refrigeration or air conditioning systems

Current through Register Vol. 24-14, July 15, 2024
(1) Initial
				implementation fee. An initial implementation fee must be paid by each owner or
				operator of a facility that has a refrigeration or air conditioning system with
				a full charge greater than or equal to 1,500 pounds and that uses a refrigerant
				with a GWP of 150 or more.
(a) The initial
				implementation fee is due and payable to ecology within 30 days of receipt of
				the invoice.
(b) The amount of the
				initial implementation fee is $150. A facility with a regulated refrigeration
				system and a regulated air conditioning system pays a single initial
				implementation fee for the facility.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part II - REFRIGERANT MANAGEMENT PROGRAM › Section 173-443-145 - Leak detection and monitoring requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) Leak inspection requirements for
				year-round refrigeration and air conditioning systems with a full charge
				greater than or equal to 1,500 pounds.
(b) Beginning January 1, 2024, the owner or
				operator of a facility that has a refrigeration or air conditioning system with
				a full charge capacity greater than or equal to 1,500 pounds and that uses a
				refrigerant with a GWP of 150 or more, that is intended to operate year-round,
				must do all of the following:
(i) Conduct a
				leak inspection of the full system each month using a calibrated refrigerant
				leak detection device, or bubble test, unless an automatic leak detection
				system that meets the requirements of subsection (2)(b) or (c) of this section
				is installed and functioning correctly on the full system. If a certified
				technician performs the inspection, the inspection may be conducted using
				methods determined appropriate by the certified technician.
(ii) Conduct a leak inspection of the full
				system at the time of verification test or follow-up verification test
				following a leak repair.
(iii)
				Conduct a leak inspection of the full system each time refrigerant is added to
				the system in an amount equal to or greater than five pounds, or one percent of
				the full charge, whichever is greater.
(iv) Conduct a leak inspection of the full
				system each time oil residue is observed on any refrigerant circuit component
				indicating a refrigerant leak.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part II - REFRIGERANT MANAGEMENT PROGRAM › Section 173-443-155 - Leak rate thresholds and notification requirements

Current through Register Vol. 24-14, July 15, 2024
(1) The owner or
				operator of a facility that has a refrigeration or air conditioning system with
				a full charge greater than or equal to 50 pounds and that uses a refrigerant
				with a GWP of 150 or more must ensure that the leak rate of the system is
				calculated during each leak inspection and each time refrigerant is added to
				the system.
(2) The leak rate must
				be calculated using the 12-month rolling average method, as defined in WAC
				173-443-030, and the results of
				each calculation must be kept on file in accordance with WAC
				173-443-195.
(3) The owner or operator of a facility that
				has a refrigeration or air conditioning system that exceeds the applicable leak
				rate threshold, based on the 12-month rolling average, must notify ecology,
				through the WA RMP data reporting system, within 30 days of determination of
				each exceedance. The leak rate thresholds are as follows:
(a) Sixteen percent for a retail food
				refrigeration system, or cold storage warehouse;
(b) Twenty-four percent for an industrial
				process refrigeration system; or
(c) Eight percent for an air conditioning
				system.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part II - REFRIGERANT MANAGEMENT PROGRAM › Section 173-443-165 - Leak repair requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Beginning January
				1, 2024, the owner or operator of a facility that has a refrigeration or air
				conditioning system with a refrigerant charge greater than or equal to 50
				pounds and that uses a refrigerant with a GWP of 150 or more must ensure that
				all detected refrigerant leaks are repaired as provided in this section and
				must maintain records of all repairs in accordance with WAC
				173-443-195.
(2) Fourteen-day requirement. A refrigerant
				leak must be repaired by a certified technician, as defined in WAC
				173-443-030, within 14 calendar
				days of its detection, except when a longer period is allowed under subsection
				(3) or (4) of this section.
(3)
				Forty-five-day allowance. The time period for repair of an identified
				refrigerant leak is up to 45 days if one or more of the following conditions
				apply:
(a) A certified technician is not
				available to complete the repair or replace the component(s). A written record
				must be kept in accordance with WAC
				173-443-195, documenting that the
				owner or operator exercised due diligence in seeking the services of a
				certified technician immediately following detection of the leak and that no
				certified technician was available to complete the repair within 14 calendar
				days of the initial leak detection;
(b) The parts necessary to repair a leak are
				unavailable. A written record must be kept in accordance with WAC
				173-443-195, documenting that the
				necessary parts were unavailable within 14 calendar days of the initial leak
				detection. The record must include a written statement from the certified
				technician regarding the necessity of the parts and a written statement from
				the manufacturer regarding the availability of the parts; or
(c) The leak repair requires an industrial
				process shutdown that results in an industrial process temporarily ceasing to
				manufacture the desired product. A written record must be kept in accordance
				with WAC 173-443-195, documenting why the
				repair requires an industrial process shutdown and how long the shutdown would
				last.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part II - REFRIGERANT MANAGEMENT PROGRAM › Section 173-443-175 - Requirements to prepare and implement a retrofit or retirement plan

Current through Register Vol. 24-14, July 15, 2024
(1) The owner or
				operator of a facility that has a refrigeration or air conditioning system with
				a full charge greater than or equal to 50 pounds and that uses a refrigerant
				with a GWP of 150 or more that is not repaired within the time frame provided
				in WAC 173-443-165 (2) through
				(4), and does not have an approved exemption
				under WAC
				173-443-235, must prepare and
				implement a retrofit or retirement plan that meets all of the following
				conditions:
(a) The plan must establish a
				schedule to retrofit or retire a leaking refrigeration or air conditioning
				system for no later than six months after expiration of the second leak repair
				time frame under WAC
				173-443-165
				(7)(a). All work must be completed in this
				six-month period;
(b) The plan must
				be kept at the facility with the leaking refrigeration or air conditioning
				system in accordance with WAC
				173-443-195;
(c) The plan must describe the retrofitted
				system, or the new system if an existing system is being replaced, and include
				the following:
(i) System identification
				number as it appears in the WA RMP reporting system registration;
(ii) System type;
(iii) Equipment manufacturer;
(iv) Equipment model or
				description;
(v) Temperature
				classification. A refrigeration system must be identified as a very low, low,
				medium, or other temperature system;
(vi) Full refrigerant charge;
(vii) Type of refrigerant to be
				used;
(viii) A timetable that
				includes the expected beginning date and completion date for the installation,
				construction, or retrofit; and
(ix)
				A signature by a representative of the facility and date signed.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part II - REFRIGERANT MANAGEMENT PROGRAM › Section 173-443-185 - Reporting requirements

Current through Register Vol. 24-14, July 15, 2024
(1) The owner or
				operator of a facility that has a refrigeration or air conditioning system with
				a full charge greater than or equal to 200 pounds and that uses a refrigerant
				with a GWP of 150 or more must submit an annual facility refrigeration or air
				conditioning report (annual report) to ecology each year.
(2) Annual reports must be submitted to
				ecology by March 15th for the previous calendar year the refrigeration or air
				conditioning system was in operation and must continue each calendar year
				thereafter. Annual reports must be submitted by the following dates:
(a) By March 15, 2025, for a refrigeration or
				air conditioning system with a full charge greater than or equal to 1,500
				pounds that begins operation before January 1, 2024.
(b) For a refrigeration or air conditioning
				system with a full charge greater than or equal to 1,500 pounds that begins
				operation on or after January 1, 2024, the annual report must be submitted by
				March 15th of the year after the calendar year in which the system begins
				operation.
(c) By March 15, 2027,
				for a refrigeration or air conditioning system with a full charge greater than
				or equal to 200 pounds, but less than 1,500 pounds, that begins operation
				before January 1, 2026.
(d) For a
				refrigeration or air conditioning system with a full charge greater than or
				equal to 200 pounds, but less than 1,500 pounds, that begins operation on or
				after January 1, 2026, the annual report must be submitted by March 15th of the
				year after the calendar year in which the system begins operation.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part II - REFRIGERANT MANAGEMENT PROGRAM › Section 173-443-195 - Recordkeeping requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Beginning January
				1, 2024, the owner or operator of a facility that has a refrigeration or air
				conditioning system with a full charge greater than or equal to 50 pounds and
				that uses a refrigerant with a GWP of 150 or more must maintain the following
				records for a minimum of five years:
(a) All
				registration information required in WAC
				173-443-115;
(b) Documentation of all leak detection
				systems, leak inspections, and annual audit and calibrations for automatic leak
				detection systems and leak rate calculations, as defined in WAC
				173-443-030;
(c) Records of system service and refrigerant
				leak repairs and documentation of any conditions allowing more than 14 days to
				repair a refrigerant leak after detection under WAC
				173-443-165 (3) or
				(4);
(d) Any retrofit or retirement plan required
				under WAC
				173-443-175;
(e) All reports required by WAC
				173-443-185;
(f) Any application for an exemption under
				WAC 173-443-235 and any ecology
				notification of approval, denial, revocation, or modification of an
				exemption;
(g) Any plan or other
				written documentation required under WAC
				173-443-145
				(2)(a)(ii), signed by the facility's
				representative, indicating that the refrigeration or air conditioning system
				will be replaced or retrofitted to a refrigerant with a GWP of less than 150
				before January 1, 2027;
(h)
				Invoices of all purchases of refrigerant(s) with a GWP of 150 or
				more;
(i) Records of all shipments
				of refrigerant(s) with a GWP of 150 or more for reclamation or destruction. The
				records must include all of the following information:
(i) Name and address of the person the
				refrigerant was shipped to;
(ii)
				Date of shipment;
(iii) Type of
				refrigerant shipped;
(iv) Purpose
				of shipment (e.g., reclamation or destruction); and
(j) Records of all refrigeration or air
				conditioning systems component data, measurements, calculations, and
				assumptions used to determine the full charge.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-443 - Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases › Part II - REFRIGERANT MANAGEMENT PROGRAM › Section 173-443-205 - Required service practices

Current through Register Vol. 24-14, July 15, 2024
A person performing any installation, maintenance, service,
				  repair, or disposal of a refrigeration or air conditioning system with a full
				  charge greater than or equal to 50 pounds and that uses a refrigerant with a
				  GWP of 150 or more must comply with all of the following conditions:
(1) The person must hold a current, valid,
				and applicable certificate issued under
				40 C.F.R. §
										82.161 (as amended November 18,
				2016);
(2) In preparing equipment
				for recycling or disposal, the person may not intentionally disrupt the
				refrigerant circuit resulting in a discharge to the atmosphere unless an
				attempt to recover the refrigerant is made using certified refrigerant recovery
				equipment;
(3) The person must
				evacuate the equipment in accordance with
				40 C.F.R. §
										82.156 when evacuation is required before
				opening equipment to atmospheric conditions. Refrigerant may be returned to the
				equipment from which it is recovered or to another piece of equipment owned by
				the same person without being recycled or reclaimed;
(4) The person may not add an additional
				refrigerant charge unless the refrigerant being added:
(a) Consists wholly of a regulated
				refrigerant as defined in WAC
				173-443-030;
(b) Is an acceptable alternative under the
				EPA Significant New Alternatives Policy (SNAP) program for the specific
				equipment;