WSR 21-17-110
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF ECOLOGY
[Filed August 16, 2021, 1:41 p.m.]
Subject of Possible Rule Making: Implementation of Hydrofluorocarbons—Emissions reduction (E2SHB 1050), chapter 315, Laws of 2021.
Ecology is beginning rule making to amend two existing rules:
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| • | Chapter 173-443 WAC, Hydrofluorocarbons (HFCs). |
| • | Chapter 173-455 WAC, Air quality fee rule. |
This rule making may:
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| • | Establish maximum global warming potential (GWP) thresholds for HFCs used in new stationary refrigeration and air conditioning equipment. |
| • | Establish a refrigerant management program with registration, leak detection, and reporting requirements for certain stationary refrigeration and air conditioning systems. |
| • | Amend product labeling and disclosure requirements. |
| • | Establish fees to support the refrigerant management program. |
| • | Update chapter 173-443 WAC to reflect other changes in the law. |
Statutes Authorizing the Agency to Adopt Rules on this Subject: Hydrofluorocarbons—Emissions reduction (E2SHB 1050), chapter 315, Laws of 2021.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The legislation requires ecology to adopt rules that:
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| • | Implement a maximum GWP threshold for HFCs used in new equipment in ice rinks. |
| • | Establish a refrigerant management program for large stationary refrigeration and air conditioning systems. |
| • | Amend product labeling and disclosure requirements. |
| • | Update chapter 173-443 WAC to reflect other changes in the law. |
The legislation authorizes ecology to adopt rules that:
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| • | Implement maximum GWP thresholds for new stationary refrigeration and air conditioning equipment. |
| • | Establish reporting, labeling, and recordkeeping requirements. |
| • | Establish service practices for stationary refrigeration and air conditioning systems. |
| • | Establish fees to support the refrigerant management program. |
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: California regulates existing nonresidential refrigeration systems through its refrigerant management program. EPA regulates existing nonresidential refrigeration and air conditioning systems through its refrigerant management regulations under Section 608 of the Clean Air Act. Ecology will coordinate with both entities as needed throughout the rule-making process.
California is adopting regulations that limit the GWP of refrigerants used in new stationary refrigeration and air conditioning equipment. Ecology will coordinate with California and any other states that are considering adding similar restrictions throughout the rule-making process.
Process for Developing New Rule: Ecology will follow the standard process for the adoption of rules under the Administrative Procedure Act (chapter
34.05 RCW).
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Linda Kildahll [Kildahl], Department of Ecology, Air Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, phone 360-407-7655, for Washington relay service or TTY call 711 or 877-833-6341, email linda.kildahl@ecy.wa.gov, website https://ecology.wa.gov/Regulations-Permits/Laws-rules-rulemaking/Rulemaking/WAC-173-443-455, Hydrofluorocarbons-HFCs@listserv.wa.gov.
Additional comments: Interested parties can stay informed about the rule making and public involvement opportunities as described above. Ecology will extend an offer for government-to-government consultation with tribal governments during each phase of rule development.
August 16, 2021
Kathy Taylor
Air Quality Program Manager