Why is the new rule important?
Hydrofluorocarbons, or HFCs, are greenhouse gases that are thousands of times more powerful than carbon dioxide. It makes sense to stop using them when there are alternatives available that are safer for the environment.
Will this cost me more money?
If you are a business owner, homeowner, or another end user of equipment or products containing HFCs, the new law should not cost you more money. You are not required to replace existing equipment. HFC-free alternatives are already available that cost about the same.
Does the rule phase out all HFCs?
Most HFCs that are used by products in the regulated categories of equipment are restricted. Some product categories, such as vehicle air conditioning systems and HFCs used in certain medical devices, are exempt.
Are HFC foams in this rule related to firefighting foams?
No. HFC foams covered under this law are used in insulation. Some firefighting foam contains PFAS (per- and poly-fluorinated alkyl substances). A 2018 law restricts the use of firefighting foam containing PFAS. These firefighting foams are used to put out petroleum fires.
Do manufacturers of products that are not covered by the rule, but who use foam (either installed or blown in) that is covered need to label for the foam?
No. In these cases, the manufacturer of the foam is responsible to label for the substitute used in its products. We consider this type of foam as “non-retail” foam.
Why do manufacturers of commercial or household refrigeration equipment and chillers have to disclose the substitute used for the refrigerant and the foam if they do not manufacture the foam?
Refrigeration equipment and chillers are covered products under the rule. Washington’s HFC law requires disclosure of the substitutes used in covered products.
In what format should the label disclose the substitute? The rule does not specify any particular nomenclature.
Manufacturers whose products require disclosure of the substitute by federal, state, or local regulations may rely on the existing label. If there is not an existing labeling requirement, the label should disclose the name of the substitute in the same format as it appears on a safety data sheet or other product safety documentation.
What are the options for online disclosure?
Under Washington’s rule, online disclosure means making sure the information is available on a free public website. Online disclosure is acceptable only when combined with another disclosure method, such as an on-product symbol or code, or in addition to a disclosure label required by another jurisdiction. Labeling options differ by product type, so check the rule for your specific product.
Why are Washington’s labeling requirements different than other state HFC rules?
Washington’s HFC law requires disclosure of the substitute through an on-product label. To minimize the burden on the regulated community, we worked to align the options for labeling with manufacturers’ existing practices while still meeting the intent of our HFC law. If you have questions or concerns, email HFC@ecy.wa.gov.
What happens if I have equipment that uses HFCs?
The rule regulates certain categories of new equipment. If you have existing equipment in those categories that use HFCs, you can continue to use it. When the equipment is due to be replaced, the new equipment will be compliant because manufacturers will have changed their products.
What equipment do I have to report?
If Rules 20 and 21 of EPA's SNAP program applies to your equipment, then you must report that equipment to Washington. Product descriptions are on EPA's overview of SNAP.
Can I repair existing equipment that contains HFCs?
Yes, as long as the repair does not require switching the refrigerant used in your existing equipment, you can continue to maintain and operate it.
My company makes refrigeration components that are charged with refrigerant on-site after the cooling system is assembled. Do I need to report?
Manufacturers may not know what refrigerant is used in their systems, if the refrigerant is added after on-site assembly and the system can use multiple refrigerants. We recommend notifying us in your initial reporting about all refrigerants the system could use, following the UL labeling. If a customer in Washington could choose to use a restricted substitute, your notification should state that possibility.
Does the rule restrict window air conditioning units, portable air conditioners, and portable dehumidifiers?
There are no restrictions on these products under Washington's rule.
Does the rule cover automatic commercial ice makers?
There are no restrictions for automatic ice makers under Washington’s rule.
Does the rule apply to products containing propellants that are sold in Washington, or does it apply to the suppliers of the propellant itself?
The rule applies to products sold in Washington that contain propellants, not to the suppliers of the propellants.
EPA’s proposed SNAP Rule 23 lists certain HFC blends as acceptable for extruded polystyrene boardstock and billet (XPS) products. If EPA adopts the new rule, will XPS products that use a newly-approved substitute still be banned in Washington?
If EPA adopts the new SNAP Rule 23 as proposed, we will update our rule as soon as possible. Manufacturers whose products use an approved substitute under the new SNAP rule should email HFC@ecy.wa.gov.
If my product is manufactured outside of Washington and only moves through Washington to be sold in another state, does it have to comply with Washington requirements?
If a product is not bought or sold in Washington, then it is not required to comply with Washington's HFC requirements.
Where can I get the reporting form?
The reporting form is available online. If you have questions or need help with the form, email HFC@ecy.wa.gov.
I'm an importer and distributor with a product that falls into one of the affected product classes in Washington. Do I have to report if my covered products have already been reported by the manufacturers?
Check the list of manufacturers (as of Jan. 15, 2020) that have reported their initial status. If you can verify that the product has already been reported by the manufacturer, either by checking that list or by contacting the manufacturer directly, then you do not need to report separately. If you aren't sure if the product has been reported, then email HFC@ecy.wa.gov.