What is the difference between product disclosure and labeling?
The rule requires manufacturers to disclose the substitutes they've used. Labeling is the main way they can disclose. Refer to WAC 173-443-070 for specifics.
Can manufacturers use an existing label? What if there isn't an existing label?
If an existing label is required by another agency, manufacturers can use that label.
If no label is required by another agency, manufacturers must use a label showing the same substitute name that appears in the safety data sheet.
What are the options for online disclosure?
Online disclosure is one way for manufacturers to disclose their products. It means making the information available on a public web site. Online disclosure must be combined with another disclosure method. That can be a symbol or code on the product, or a label required by another agency. Disclosure options differ by product type, so check WAC 173-443-070 for the specific product.
Do manufacturers have to label the foam used in their product if they don't manufacture the foam?
If the product is covered by the rule, the product and the foam must be labeled. An example is commercial or household refrigeration equipment and chillers.
If the product is not covered by the rule, the manufacturer doesn't have to label the foam used in their product. The manufacturer of the foam must label the foam.
Why do manufacturers of commercial or household refrigeration equipment and chillers have to disclose the substitute used for the refrigerant and 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.
Does the rule phase out all HFCs?
No. Most HFCs used by products in regulated categories of equipment are restricted. Some product categories (like vehicle air conditioning systems and HFCs used in medical devices) are exempt.
What equipment must be reported?
Manufacturers must report equipment if it is listed in WAC 173-443-040 and not exempt under WAC 173-443-050.
Can a business continue using existing equipment that contains HFC refrigerants?
Yes. A business can continue using existing equipment that contains HFC refrigerants because the rule regulates new equipment. When equipment is replaced, the new equipment will meet HFC requirements.
Can a business repair existing equipment that contains HFC refrigerants?
Yes, as long as the repair does not require switching to another restricted refrigerant. However, if a repair requires switching to a restricted refrigerant, then the existing equipment must be replaced.
Does the rule apply to window air conditioners, portable air conditioners, and portable dehumidifiers?
Not now. Washington's current rule does not apply to these products. The current rulemaking may change this.
Does the rule apply to automatic commercial ice makers?
Not now. Washington's rule does not apply to automatic commercial ice makers. The current rulemaking may change this.
Does this rule apply to firefighting foam?
No. The current rule covers HFC foams used in insulation and XPS foam products. Firefighting foam is not covered by this rule.
Some firefighting foam contains PFAS (per- and poly-fluorinated alkyl substances). These PFAS foams are used to put out petroleum fires. A 2018 law restricts the use of firefighting foam containing PFAS.
Does the rule apply to products containing propellants or does it apply to the suppliers of the propellant itself?
The current rule applies to manufacturers of products containing propellants, not to the suppliers of the propellants.
Does the rule apply to a product that is manufactured outside of Washington, only moving through Washington to be sold somewhere else?
No. The current rule does not apply to a product that is not bought or sold in Washington.
Where is the reporting form?
The reporting form is available online. If you need help with the form, email HFC@ecy.wa.gov.
Does an importer or distributor of a product that is covered by the rule have to report if the manufacturer has already reported?
No. An importer or distributor doesn't need to report a product if the product has already been reported by the manufacturer. Check the list of manufacturers to verify this.
Who has to report: The company that charged the refrigerant on-site after the cooling system was assembled or the manufacturer of the cooling system?
A manufacturer of the cooling system should report all suitable substitutes for specific equipment.