HYDROFLUOROCARBONS (HFCs) AND OTHER FLUORINATED GREENHOUSE GASES

(1) Ecology's policy under chapters ((70A.15))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.45))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 ((HFCs or suitable))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 ((or proposed for adoption)) by other states around the country (((RCW 70A.45.080))).

(((1))) The requirements of this chapter apply to ((any)):

(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((, or will use HFCs or other substitutes for an end-use))a prohibited substance listed in WAC 173-443-040, Table 1;

(6) A person who wholesales, distributes, or reclaims a refrigerant with a GWP of 150 or more.

(((2) Labeling requirements.

(b) A manufacturer may apply the applicability determination in (a) of this subsection to separate divisions or similar segments of its business based on the end-use that products associated with each division or similar segmentation are intended to serve.))

The definitions in this section apply throughout this chapter unless the text clearly indicates otherwise.

"Aerosol propellant" means a liquid or compressed gas that is used in whole or in part, such as a cosolvent, to expel a liquid or other material from the same self-pressurized container or from a separate container.

"Bunstock" or "bun stock" means a large solid box-like structure formed during the production of polyurethane, polyisocyanurate, phenolic, or polystyrene insulation.

"C" means ((Centigrade))Celsius.

(("Centrifugal chiller" means air conditioning equipment that utilizes a centrifugal compressor in a vapor-compression refrigeration cycle typically used for commercial comfort air conditioning. Under this definition, a centrifugal chiller is a chiller intended for comfort cooling and does not include chillers for industrial process cooling and refrigeration.))

"Code" means a collection of letters, numbers, graphics, or symbols that translates into a form that conveys the information provided by a dedicated or existing product label, or that can convey a user or reader to that information through electronic means (such as a QR code).

"Cold storage warehouse" means a cooled facility designed to store meat, produce, dairy products, and other products that are delivered to other locations for sale to the ultimate consumer.

(("Commercial refrigeration equipment" means equipment designed to store and display chilled or frozen goods for commercial sale including, but not limited to, stand-alone units, refrigerated food processing and dispensing equipment, remote condensing units, supermarket systems, and vending machines.))

"Component" means a part of a refrigeration or air conditioning system including, but not limited to, condensing units, compressors, evaporators, and receivers; and all of its connections and subassemblies, without which the refrigeration system will not properly function or will be subject to failures.

"Dedicated label" means a label adhered or attached to a product, or otherwise included with the product, that is designed to convey required information to the end-user of that product on the ((inclusion or)) use of ((substitutes))substances associated with that product.

"EPA" means the U.S. Environmental Protection Agency.

"Ecology" means the department of ecology.

"End-use" means processes or classes of specific applications within industry sectors including, but not limited to, those listed in WAC 173-443-040.

"Equipment" means a collection of components assembled or manufactured to function together that contains at least one product, or that is in and of itself a product.

(("Existing product label" means a label adhered or attached to a product, such as a nameplate or sticker, or to the box or packaging enclosing the product that discloses the substitute contained, used, or to be used in the product.))

"F" means Fahrenheit.

"Flexible polyurethane" means a nonrigid polyurethane foam including, but not limited to, that used in furniture, bedding, and chair cushions.

"Foam" means a product with a cellular structure formed via a foaming process in a variety of materials that undergo hardening via a chemical reaction or phase transition.

"Foam blowing agent" means a substance that functions as a source of gas to generate bubbles or cells in the mixture during the formation of foam.

"Foam system" means a multipart liquid product that expands when mixed to form a foam.

(("HFC" means hydrofluorocarbon as the term is defined in RCW 70A.45.010.))

"Household refrigerators and freezers" means refrigerators, refrigerator-freezers, freezers, and miscellaneous household refrigeration ((appliances))equipment intended for residential use. "Household refrigerators and freezers" does not include "household refrigerators and freezers - Compact," or "household refrigerators and freezers - Built-in."

"Household refrigerators and freezers - Built-in" means any refrigerator, refrigerator-freezer or freezer intended for residential use with 7.75 cubic feet or greater total volume and ((twenty-four))24 inches or less depth not including doors, handles, and custom front panels; with sides which are not finished and not designed to be visible after installation; and that is designed, intended, and marketed exclusively to be: Installed totally encased by cabinetry or panels that are attached during installation; securely fastened to adjacent cabinetry, walls or floor; and equipped with an integral factory-finished face or accept a custom front panel.

"Household refrigerators and freezers - Compact" means any refrigerator, refrigerator-freezer or freezer intended for residential use with a total refrigerated volume of less than 7.75 cubic feet (220 liters).

"Integral skin polyurethane" means a self-skinning polyurethane foam including, but not limited to, that used in car steering wheels and dashboards.

"MDI" means metered dose inhaler or medical dose inhaler.

"Manufacturer" ((means))includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces any product that contains or uses HFCs or is an importer or domestic distributor of such a product (((RCW 70A.45.010))). For purposes of WAC 173-443-065(3) and 173-443-075(3), a manufacturer is the installer of the equipment.

(("New" means:

(d) Products or equipment replaced or cumulatively replaced such that the cumulative capital cost after the effective date of this chapter of replacement exceeds fifty percent of the capital cost of replacing the whole system.))

"Nonretail foam products" means products consisting entirely of foam created solely to be an input for another product or manufacturing purpose resulting in another type of product.

"Online disclosure" means disclosing the ((substitute))substance(s) contained((, used, or to be used in products or equipment))or used or the compliance status of the product or equipment by ensuring that the information is available on an internet website that is accessible to the public free of charge.

(("Owner's manual" means a paper or online instructional book that is available for an end-use product, which provides basic information about the product.))

"PSI" means pounds per square inch.

"Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a county, or any subdivision or instrumentality of the state (((RCW 70A.45.010))).

"Phenolic insulation board and bunstock" means phenolic insulation including, but not limited to, that used for roofing and wall insulation.

"Polyolefin" means foam sheets and tubes made of polyolefin, a macromolecule formed by the polymerization of olefin monomer units.

"Polystyrene extruded boardstock and billet (XPS)" means a foam formed from polymers of styrene and produced on extruding machines in the form of continuous foam slabs which can be cut and shaped into panels used for roofing, walls, flooring, and pipes.

"Polystyrene extruded sheet" means polystyrene foam including that used for packaging and buoyancy or floatation. It is also made into food-service items, including hinged polystyrene containers (for "take-out" from restaurants); food trays (meat and poultry) plates, bowls, and retail egg containers.

"Polyurethane" means a polymer formed principally by the reaction of an isocyanate and a polyol.

(("Positive displacement chiller" means vapor compression cycle chillers that use positive displacement compressors, typically used for commercial comfort air conditioning. Positive displacement chiller in this definition is a chiller intended for comfort cooling and does not include cooling for industrial process cooling and refrigeration.))

"Product" means an article manufactured or refined for sale that contains or uses a substitute.

"Refrigerant" or "refrigerant gas" means any substance, including blends and mixtures, which is used for heat transfer purposes and provides a warming or cooling effect.

"Refrigerated food processing and dispensing equipment" means retail food refrigeration equipment that is designed to process food and beverages dispensed via a nozzle that are intended for immediate or near-immediate consumption including, but not limited to, chilled and frozen beverages, ice cream, and whipped cream. This end-use excludes water coolers, or units designed solely to cool and dispense water.

"Refrigeration equipment" or "refrigeration system" or "refrigeration appliance" means any stationary device that is designed to contain and use a refrigerant ((gas including, but not limited to, retail or commercial refrigeration equipment, household refrigeration equipment, and cold storage warehouses)). It is a combination of interconnected refrigerant-containing parts constituting one closed refrigerant circuit in which a refrigerant is circulated for the purpose of extracting heat. "Refrigeration equipment" or "refrigeration system" includes refrigeration equipment used in retail food, cold storage, industrial process refrigeration and cooling that does not use a chiller, ice rinks, and other refrigeration applications.

"Remote condensing unit((s))" means ((retail)) refrigeration equipment or units that have a central condensing portion and may consist of one or more compressors, condensers, and receivers assembled into a single unit, which may be located external to the sales area. The condensing portion (and often other parts of the system) is located outside the space or area cooled by the evaporator. Remote condensing units are commonly installed in convenience stores, specialty shops (e.g., bakeries, butcher shops), supermarkets, restaurants, and other locations where food is stored, served, or sold.

"Retail foam products" means products consisting entirely of foam that are created for the purpose of selling or otherwise providing that product in a finished state that does not involve any additional manufacturing or refinement.

"Retrofit" means to convert an appliance from one refrigerant to another refrigerant. Retrofitting includes the conversion of the appliance to achieve system compatibility with the new refrigerant and may include, but is not limited to, changes in lubricants, gaskets, filters, driers, valves, o-rings, or appliance components (((RCW 70A.45.010))). For purposes of WAC 173-443-040 through 173-443-075, "retrofit" refers to an appliance or equipment that has undergone a retrofit.

"Rigid polyurethane and polyisocyanurate laminated boardstock" means laminated board insulation made with polyurethane or polyisocyanurate foam, including that used for roofing and walls.

"Rigid polyurethane appliance foam" means polyurethane foam in domestic appliances used for insulation.

"Rigid polyurethane commercial refrigeration and sandwich panels" means polyurethane foam used to provide insulation in walls and doors, including that used for commercial refrigeration equipment, and used in doors, including garage doors.

"Rigid polyurethane high-pressure two-component spray foam" means a liquid polyurethane foam system sold as two parts (i.e., A-side and B-side) in nonpressurized containers; and is field or factory applied in situ using high-pressure proportioning pumps at 800 - 1600 psi and an application gun to mix and dispense the chemical components.

"Rigid polyurethane low-pressure two-component spray foam" means a liquid polyurethane foam system sold as two parts (i.e., A-side and B-side) in containers that are pressurized to less than 250 psi during manufacture of the system for application without pumps; and are typically applied in situ relying upon a liquid blowing agent and/or gaseous foam blowing agent that also serves as a propellant.

"Rigid polyurethane marine flotation foam" means buoyancy or flotation polyurethane foam used in boat and ship manufacturing for both structural and flotation purposes.

"Rigid polyurethane one-component foam sealants" means a polyurethane foam generally packaged in aerosol cans that is applied in situ using a gaseous foam blowing agent that is also the propellant for the aerosol formulation.

"Rigid polyurethane slabstock and other" means a rigid closed-cell polyurethane foam formed into slabstock insulation for panels and fabricated shapes for pipes and vessels.

"Stand-alone low-temperature unit" means a stand-alone unit that maintains food or beverages at temperatures at or below 32°F (0°C).

"Stand-alone medium-temperature unit" means a stand-alone unit that maintains food or beverages at temperatures above 32°F (0°C).

"Stand-alone unit" means retail refrigerators, freezers, and reach-in coolers (either open or with doors) where all refrigeration components are integrated and, for the smallest types, the refrigeration circuit is entirely brazed or welded. These systems are fully charged with refrigerant at the factory and typically require only an electricity supply to begin operation.

"Stationary" means the system is:

(a) Installed in a building, structure, or facility;

(b) Attached to a foundation, or if not attached, will reside at the same location for more than ((twelve))12 consecutive months; or

(c) Located intermittently at the same facility for at least two consecutive years and operates at that facility a total of at least ((ninety))90 days each year.

"Substitute" means a chemical, product substitute, or alternative manufacturing process, whether existing or new, that is used to perform a function previously performed by a class I substance or class II substance and any substitute subsequently adopted to perform that function including, but not limited to, hydrofluorocarbons. "Substitute" does not include 2-BTP or any compound as applied to its use in aerospace fire extinguishing systems (((RCW 70A.45.010))).

"Sufficient disclosure" means providing the name of the ((substitute))substance.

"Supermarket systems" means multiplex or centralized retail food refrigeration equipment systems designed to cool or refrigerate, which operate with racks of compressors installed in a machinery room and which includes both direct and indirect systems.

"Symbol" means a graphical or hybrid word-graphical symbol for the purposes of conveying the types of substitutes used in the product or equipment and signaling that further information on the use of substitutes is available through online disclosure.

"Unit" means a collection of like products bundled together for purposes of commerce.

"Unit label" means a label adhered or attached, or capable of being adhered or attached, to a collection of like products bundled together for purposes of commerce.

"Vending machine" means a self-contained unit that dispenses goods that must be kept cold or frozen.

PART I - PROHIBITIONS ON THE USE OF CERTAIN HYDROFLUOROCARBONS

(1) ((The tables))Table 1 in this section lists((substitutes)) prohibited ((in specific end-uses and the effective date of prohibition, unless an exemption is provided for in WAC 173-443-050.

(2) Prohibitions for the aerosol propellants end-use category))substances in new products and equipment, as defined in WAC 173-443-030, and the effective date of the prohibition, unless an exemption is provided for in WAC 173-443-050.

((The following table))(1) Table 1 in this section lists exemptions to the prohibitions listed in WAC 173-443-040, Table 1.

(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((, or will use HFCs or other substitutes prohibited for an end-use))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 ((applicable)) 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.

(((a) For products and equipment imported from outside the United States, the date of import may be considered the date of manufacture.

(c)))(b) Polyurethane foam systems manufactured (blended) before ((an applicable))the prohibition date and not yet applied on site may be used after the prohibition date.

(3) Other allowances. Except where ((an)) existing ((system))equipment is retrofit, nothing in this chapter requires a person ((that))who acquired a product or equipment ((containing))that contains or ((using))uses a prohibited ((substitute))substance prior to the effective date of a prohibition in WAC 173-443-040 to cease use of that product or equipment.

(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 substance(s) used or contained in the equipment;

(ii) The GWP, labeled as "global warming potential," of the substance(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.

(b) Existing labels meeting the above requirements may be used.

(4) Recordkeeping. As of the effective date of this chapter, a manufacturer of any new or retrofit refrigeration equipment must maintain for a minimum of five years, and make available upon request by ecology, a copy of the following records:

(a) Sector or subsector of the equipment;

(b) Refrigerant type the equipment is designed to use;

(c) Date of manufacture or import;

(d) Name of company or entity to whom the equipment was sold or otherwise distributed;

(e) The bill of lading; and

(f) The invoice.

(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 substance(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.

(b) Existing labels meeting the above requirements may be used.

(4) Recordkeeping. As of the effective date of this chapter, a manufacturer of any new or retrofit air conditioning equipment, as defined in WAC 173-443-030, must maintain for a minimum of five years, and make available upon request by ecology, a copy of the following records:

(a) The sector or subsector of the equipment;

(b) Refrigerant type the equipment is designed to use and its GWP value;

(c) Date of manufacture or import;

(d) Model and serial number;

(e) Name of company or retailer to whom the equipment was sold or otherwise distributed;

(f) The bill of lading; and

(g) The invoice.

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.

(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.

(b) Force majeure. 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) The applicant cannot comply with the applicable prohibitions due to a force majeure event; and

(ii) The applicant has made a good faith effort to anticipate, address, and mitigate the impacts of any force majeure event.

(c) Economic hardship. 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) The applicant owns or operates a retail food facility or a small business, as defined in WAC 173-443-030;

(ii) Compliance with the applicable prohibitions would result in closure of the entire retail food facility or small business, or a large portion thereof, or a substantial loss of revenue from the retail food facility or small business; and

(iii) The applicant has made a good faith effort to anticipate, address, and mitigate any potential noncompliance.

(3) Application process. To apply for a variance, the applicant must submit an application that meets the requirements of (a) through (i) of this subsection:

(a) Applicant name, ownership status, address, telephone number, and email address;

(b) Description of business activity or product description;

(c) The specific prohibition(s) for which a variance is requested;

(d) An explanation of the reasons for seeking a variance;

(e) Evidence demonstrating how the variance request meets the criteria identified in subsection (2)(a) or (b) or (c) of this section;

(f) Length of variance requested and the earliest date when compliance can be achieved;

(g) A description of the damage or harm that will result from having to comply with the applicable prohibition(s) within the required time frame;

(h) A proposed compliance plan describing how and when compliance with the applicable prohibition(s) will be achieved after the variance is granted. The compliance plan must include all of the following:

(i) The method(s) by which compliance will be achieved;

(ii) Milestone achievements;

(iii) Milestone dates; and

(iv) A proposed mitigation plan that demonstrates how the applicant will reduce greenhouse gas emissions while the variance is in place. The mitigation plan must include all calculations used to determine emissions estimates.

(i) The application must be submitted in writing to either of the following addresses:

Ecology Air Quality Program

HFC Program

P.O. Box 47600

Olympia, WA 98504-7600; or

By email to: HFC@ecology.wa.gov

(4) Approval and disapproval process.

(a) Ecology will determine whether the variance application is complete and will notify the applicant of its completeness determination within 30 days of receipt of the application. Only complete applications will be considered.

(b) Within 60 days of determining that a variance application is complete, ecology will notify the applicant of the decision in writing, and if approved, will specify the terms and conditions of the variance in a letter to the applicant. The applicant and ecology may mutually agree to a longer time period for ecology's review period.

(c) During the review period, ecology may request, and the applicant must provide, more information as needed to reach a decision.

(d) Ecology will grant a variance only to the applicant. The variance is not transferable.

(e) Ecology will not approve a variance retroactively to any date prior to receipt of the application.

(f) An applicant adversely affected by ecology's denial of a variance or by the terms and conditions of an approved variance may appeal ecology's decision to the pollution control hearings board pursuant to chapter 43.21B RCW.

(5) Failure to comply with the terms and conditions of an approved variance.

(a) An applicant must comply with the terms and conditions of an approved variance to maintain its approved status.

(b) Ecology may revoke or modify the variance approval if it determines that an applicant no longer meets the criteria specified in the variance approval letter.

(c) An applicant adversely affected by an ecology decision to revoke or modify an approved variance may appeal ecology's decision to the pollution control hearings board pursuant to chapter 43.21B RCW.

PART II - REFRIGERANT MANAGEMENT PROGRAM

(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.

(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.

(2) Full charge of 200 to 1,499 pounds. The owner or operator of a facility that has a refrigeration or air conditioning system with a full charge greater than 199 pounds, but less than 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, 2026, for refrigeration or air conditioning systems that begin operations on or before January 1, 2026; 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, 2026.

(3) Full charge of 50 to 199 pounds. 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, but less than 200 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, 2028, for refrigeration or air conditioning systems that begin operations on or before January 1, 2028; 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, 2028.

(4) New owners. If there is a change of ownership of a facility that has been registered in accordance with this section, the new owner or operator must register with ecology by March 15th of the calendar year after the change of ownership occurred.

(5) New facilities. The owner or operator of a newly constructed facility, or a facility that is converted for a use that is subject to this chapter, must register the facility with ecology within three months of beginning refrigeration or air conditioning system operations.

(6) Registration information. To register, the owner or operator must provide the following information through the Washington RMP reporting system:

(a) Facility information:

(i) Facility identification number. The identification number for each facility will be assigned by the WA RMP data reporting system;

(ii) Name of facility;

(iii) Name of owner(s);

(iv) Name of operator(s), if different than the owner(s);

(v) North American Industry Classification System (NAICS) code;

(vi) Facility mailing address including street address, city, state, and zip code;

(vii) Facility physical address including street address, city, state, and zip code;

(viii) Facility contact person; and

(ix) Facility contact person's phone number and email address.

(b) Refrigeration or air conditioning system information:

(i) System identification number. The identification number for each system will be assigned by the WA RMP data reporting system;

(ii) System type. The system type must include whether it is a refrigeration or air conditioning system and the specific end-use;

(iii) Equipment manufacturer;

(iv) Equipment model and model year;

(v) Equipment serial number. If the equipment is part of an assembly without a serial number or the serial number is not accessible after assembly, the physical location of the equipment must be recorded;

(vi) Temperature classification. Refrigeration systems must be identified as a very low-temperature, low-temperature, or medium-temperature system, or other;

(vii) Full charge the system is designed for in order to maintain normal operating characteristics;

(viii) Type of refrigerant(s) used with a GWP of 150 or more; and

(ix) Operational status. The operational status may be reported as operated year-round, mothballed, standby or emergency, not operated year-round, or retired.

(7) Change of ownership. Prior to any change of ownership of a facility that has been registered in accordance with this section, the seller must ensure all of the following are completed:

(a) The seller must confirm that the registered refrigeration or air conditioning system is free of refrigerant leaks through a leak inspection performed by a technician certified by EPA under 40 C.F.R. § 82.161;

(b) The seller must inform the prospective buyer of the registration requirements of this section; and

(c) The seller must submit a change of ownership notification to ecology that includes all of the following:

(i) Seller information:

(A) Facility identification number as it appears in the WA RMP data reporting system;

(B) Name of owner or operator; and

(C) Name of facility.

(ii) Prospective buyer information:

(A) Name of owner(s);

(B) Name of operator(s), if different than the owner(s);

(C) Name of facility;

(D) Facility mailing address, including street address, city, state, and zip code;

(E) Facility contact person; and

(F) Facility contact person phone number and email address.

(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.

(3)(a) Registration information. A refrigerant wholesaler, distributor, or reclaimer must provide the following information to ecology through the Washington RMP reporting system:

(b) Facility information:

(i) Name of facility;

(ii) Name of owner(s);

(iii) North American Industry Classification (NAICS) code;

(iv) Facility mailing address, including street address, city, state, and zip code;

(v) Facility physical address, including street address, city, state, and zip code;

(vi) Facility contact person;

(vii) Facility contact person's phone number and email address;

(viii) Name and physical address of each wholesale, distribution, or reclaim facility under the registrant's operational control; and

(ix) Name and email address of contact person for each wholesale, distribution, or reclaim facility under the registrant's operational control.

(4) Change of ownership. Prior to any change of ownership of an entity that has been registered pursuant to this section, the seller must ensure all of the following are completed:

(a) The facility must be registered in accordance with this section;

(b) The seller must inform the prospective buyer of the registration requirements of this section; and

(c) The seller must submit a change of ownership notification to ecology that includes all of the following:

(i) Seller information:

(A) Name of facility;

(B) Facility identification number; as it appears in the WA RMP data reporting system; and

(C) Name of person selling the facility;

(ii) Prospective buyer information:

(A) Name of person(s) buying the facility;

(B) Facility mailing address including a street address, city, state, and zip code;

(C) Facility contact person; and

(D) Facility contact person's phone number and email address.

(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.

(2) Annual implementation fee. An annual 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 200 pounds and that uses a refrigerant with a GWP of 150 or more.

(a) The annual implementation fee is due and payable to ecology no later than 30 days of receipt of the annual invoice, beginning with the year in which the initial implementation fee is required under subsection (1) of this section.

(b) The amount of the annual implementation fee is determined by this subsection. If the facility has more than one refrigeration or air conditioning system, the amount of the fee is based on the regulated refrigeration system or regulated air conditioning system operating at the facility with the largest refrigerant charge size.

(i) Systems with a full charge of 1,500 or more pounds.

(A) Beginning January 1, 2024, the annual implementation fee for facilities that have a refrigeration or air conditioning system with a full charge of 1,500 pounds or greater is $370.

(B) Beginning January 1, 2025, and each year thereafter, the amount of the annual implementation fee will be established in accordance with WAC 173-455-160.

(ii) Systems with a full charge of 200 to 1,499 pounds.

(A) Beginning January 1, 2026, the annual implementation fee for facilities that have a refrigeration or air conditioning system with a full charge of 200 to 1,499 pounds is $170.

(B) Beginning January 1, 2027, and each year thereafter, the amount of the annual implementation fee will be established in accordance with WAC 173-455-160.

(3) There are no initial or annual implementation fees for facilities with refrigeration or air conditioning systems with a full charge of less than 200 pounds of refrigerant.

(4) There are no initial or annual implementation fees for refrigerant wholesalers, distributors, or reclaimers.

(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.

(2) Automatic leak detection requirements for refrigeration systems with a full charge of 1,500 pounds or more.

(a) The owner or operator of a refrigeration 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, that is intended to operate year-round, must do the following:

(i) By January 1, 2025, install an automatic leak detection system that meets the requirements of (b) or (c) of this subsection if:

(A) The refrigerant circuit is located entirely within an enclosed building or structure; or

(B) The compressor, evaporator, condenser, or any other component of the refrigeration system is located inside an enclosed building or structure.

(ii) Installation of an automatic leak detection system under (b) or (c) of this subsection is not required if the refrigeration system will be replaced or retrofitted to use a refrigerant with a GWP of less than 150 before January 1, 2027. Written documentation of the intent to transition and the anticipated timeline for the transition must be signed by the facility's representative and kept in accordance with WAC 173-443-195.

(b) For an automatic leak detection system that detects the presence of refrigerant in the air, the automatic leak detection system must be annually audited and calibrated using the manufacturer-recommended procedures so that it:

(i) Accurately detects a concentration level of 10 parts per million of vapor of the specific refrigerant(s) used in the refrigeration system; and

(ii) Alerts the operator when a refrigerant concentration of 100 parts per million of vapor of the refrigerant(s) is reached.

(c) For an automatic leak detection system that interprets measurements to indicate a refrigerant leak, the automatic leak detection system must be annually audited and calibrated using manufacturer-recommended procedures so that it will alert the owner or operator when measurements indicate a loss of 50 pounds of refrigerant or 10 percent of the system's full charge, whichever is less.

(d) If an automatic leak detection system alerts the owner or operator of a leak, a leak inspection must be performed on the system within 24 hours of the alert. The leak inspection must be conducted using a calibrated refrigerant leak detection device, a bubble test, or as determined by a certified technician to confirm a refrigerant leak and determine the location.

(3)(a) Leak inspection requirements for year-round refrigeration and air conditioning systems with a full charge greater than or equal to 200 pounds but less than 1,500 pounds.

(b) Beginning January 1, 2026, 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 but less than 1,500 pounds, that is intended to operate year-round, must do all of the following:

(i) Conduct a leak inspection of the full system at least once every three months 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 system.

(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.

(4)(a) Leak inspection requirements for year-round refrigeration and air conditioning systems with a full charge greater than or equal to 50 pounds, but less than 200 pounds.

(b) Beginning January 1, 2028, 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, but less than 200 pounds, that is intended to operate year-round must do all of the following:

(i) Conduct a leak inspection of the full system at least once each year 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 system.

(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.

(5) Leak inspection requirements for refrigeration and air conditioning systems not operated year-round.

(a) The owner or operator of a facility that has a refrigeration or air conditioning system that is not intended to operate year-round must conduct a leak inspection of the full system within 30 days after starting each operation of the system, and once every three months thereafter until the system is shut down.

(b) The leak inspections must be conducted using a calibrated refrigerant detection device, or bubble test.

(6) Leak detection and monitoring during system mothballing. The requirements of this section do not apply during the time that a system is undergoing mothballing. The requirements of this section will apply on the day the mothballed system resumes operation.

(7) Leak inspection requirement for systems in stand-by or emergency status. The requirements of this section apply to refrigeration or air conditioning systems in stand-by or emergency status.

(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.

(4) Following the notification required by subsection (3) of this section, the owner or operator of a facility that has a refrigeration or air conditioning system that exceeds the applicable leak rate threshold must also notify ecology of the following information by the specified deadlines:

(a) The results of a verification test required under WAC 173-443-165(5), no later than 30 days after expiration of the leak repair time frame under WAC 173-443-165 (7)(a);

(b) The results of a follow-up verification test, if required under WAC 173-443-165(6), no later than 30 days after completing the follow-up verification test; and

(c) Within 30 days of completion of all work described in a retrofit or retirement plan prepared in accordance with WAC 173-443-175.

(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.

(4) One hundred twenty-day allowance. The time period for a repair of an identified refrigerant leak is up to 120 days if all of the following conditions apply:

(a) The facility owner or operator is an entity subject to the mandatory reporting of greenhouse gas emissions under chapter 173-441 WAC;

(b) The leaking system is an industrial process refrigeration system;

(c) The leak repair requires an industrial process shutdown that results in ceasing to manufacture the desired product; and

(d) The owner or operator maintains written records documenting that the conditions in (a) through (c) of this subsection are met, in accordance with WAC 173-443-195.

(5) Verification test. A verification test must be conducted upon completion of any leak repair.

(6) Follow-up verification test. If a refrigeration or air conditioning system is evacuated during a leak repair, a follow-up verification test must be conducted within 14 days of the system reaching normal operating conditions.

(7) Refrigerant leak repair requirements after an unsuccessful verification test. If an initial or follow-up verification test indicates that a refrigerant leak is still occurring, and there is not an approved exemption in place under WAC 173-443-235, the owner or operator must do one of the following:

(a) Prepare a retrofit or retirement plan in accordance with WAC 173-443-175; or

(b) Ensure the leak is repaired through a subsequent repair attempt(s) within a second time frame that equals the same number of days allowed under subsections (2) through (4) of this section as follows:

(i) Within 28 days of the initial leak detection, if the repair time frame is 14 days, under subsection (2) of this section; or

(ii) Within 90 days of the initial leak detection, if the repair time frame is 45 days, under subsection (3) of this section; or

(iii) Within 240 days of the initial leak detection, if the repair time frame is 120 days, under subsection (4) of this section.

(8) Leak repair requirements during system mothballing. The requirements of this section do not apply during the time that a refrigeration or air conditioning system is undergoing mothballing. The requirements of this section will apply on the day the mothballed system resumes operation.

(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.

(2) A retrofit or retirement plan prepared in accordance with subsection (1) of this section must be submitted to ecology if the applicable leak rate threshold, based on the 12-month rolling average, is exceeded. The plan must be submitted no later than 90 days following expiration of the leak repair time frame in WAC 173-443-165 (7)(a).

(3) Retrofit or retirement plans during system mothballing. The requirements of this section do not apply during the time that a refrigeration or air conditioning system is undergoing mothballing. The requirements of this section will apply on the day the mothballed system resumes operation.

(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.

(3) Annual reports must include the following information for the previous calendar year for each 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:

(a) System information.

(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 and model year;

(v) Equipment serial number. If the equipment is part of an assembly without a serial number, or the serial number is not accessible after assembly, the physical location of the equipment must be identified;

(vi) Temperature classification. A refrigeration system must be identified as a very low, low, medium, or other temperature system;

(vii) Total refrigerant charge of system;

(viii) Type of refrigerant(s) with a GWP of 150 or more used;

(ix) Date of initial installation; and

(x) Operational status. The operational status may be reported as operated year-round, mothballed, standby or emergency, not operated year-round, or retired.

(b) Service and leak repair information.

(i) Annual leak rate as calculated based on 12-month rolling average method;

(ii) Date of each leak inspection;

(iii) Date of each leak detection;

(iv) Date of service(s) or leak repair(s) completed;

(c) Refrigerant purchases and use information.

(i) Total weight in pounds of each type of refrigerant with a GWP of 150 or more purchased;

(ii) Total weight in pounds of each type of refrigerant with a GWP of 150 or more charged into the system;

(iii) Total weight in pounds of each type of refrigerant with a GWP of 150 or more recovered from the system;

(iv) Total weight in pounds of each type of refrigerant with a GWP of 150 or more stored in inventory at the facility, or stored at a different location for use in the facility, on the last day of the calendar year; and

(v) Total weight in pounds of any refrigerant with a GWP of 150 or more that was shipped by the owner or operator for reclamation and for destruction.

(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.

(2) The records in subsection (1) of this section must be kept at the facility where the refrigeration or air conditioning system is in operation and must be made available to an authorized representative of ecology's HFC program upon request.

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;

(5) The person may not add an additional refrigerant charge to equipment known to have a refrigerant leak unless the additional charge is needed to maintain operations while preparing for or conducting a leak repair.

(6) The person must use refrigerant recovery or recycling equipment certified by EPA under 40 C.F.R. § 82.158 (as amended November 18, 2016).

(7) The person must evacuate refrigerant from a nonrefillable cylinder to a vacuum of 15 inches of mercury, relative to standard atmospheric pressure of 29.9 inches of mercury, before recycling or disposal; and

(8) The person must satisfy job site evacuation of refrigerants during recycling, recovering, reclaiming, or disposing in accordance with Title 40 C.F.R. § 82.156 (as amended November 18, 2016).

(1) Refrigerant distributors or wholesalers.

(a) A refrigerant distributor or wholesaler that sells, supplies, or distributes any amount of refrigerant with a GWP of 150 or more in Washington for any purpose, other than those listed in (b) of this subsection, must submit an annual report to ecology in accordance with this subsection.

(b) This subsection does not apply to the sale, supply, or distribution of refrigerants with a GWP of 150 or more for the sole purpose of either:

(i) Selling to a refrigerant distributor or wholesaler for eventual resale; or

(ii) Providing to a person for reclamation or destruction.

(c) The annual report must be submitted by March 15, 2025, for the previous calendar year and must continue to be submitted by March 15th of each year thereafter for the previous calendar year.

(d) The annual report must cover all facilities in Washington under the operational control of the refrigerant distributor or wholesaler.

(e) The annual report must provide annual statewide aggregated data and must include all of the following information:

(i) Contact information:

(A) Name of refrigerant wholesaler or distributor facility;

(B) Facility identification number as it appears in the WA RMP data reporting system;

(C) Mailing address, including street address, city, state, and zip code;

(D) Name of contact person;

(E) Contact person's phone number and email address;

(F) Name of each distributor or wholesaler facility under operational control;

(G) Address of each distributor or wholesaler facility under operational control; and

(H) Contact person's name, phone number, and email address for each refrigerant distributor or wholesaler facility under operational control.

(ii) Refrigerant distribution information:

(A) Total statewide annual aggregated weight in pounds of each type of refrigerant with a GWP of 150 or more purchased or received for subsequent resale or delivery; and

(B) Total statewide annual aggregated weight in pounds of each type of refrigerant with a GWP of 150 or more sold or distributed to a facility in Washington.

(2) Refrigerant reclaimers.

(a) A certified refrigerant reclaimer that reclaims any refrigerant with a GWP of 150 or more in Washington must submit an annual report to ecology in accordance with this subsection;

(b) The annual report must be submitted by March 15, 2025, for the previous calendar year, and must continue to be submitted by March 15th of each year thereafter for the previous calendar year;

(c) The annual report must cover all facilities in Washington under the operational control of the certified refrigerant reclaimer;

(d) The annual report must provide annual statewide aggregate data and must include all of the following information:

(i) Contact information:

(A) Name of certified reclaimer facility;

(B) Facility identification number as it appears in the WA RMP data reporting system;

(C) Mailing address including street address, city, state, and zip code;

(D) Name of contact person;

(E) Email address of contact person;

(F) Name of each refrigerant reclaiming facility under operational control;

(G) Address of each refrigerant reclaiming facility under operational control; and

(H) Contact person's name, address, phone number, and email address for each reclaiming facility under operational control.

(ii) Refrigerant reclamation information:

(A) Total statewide annual aggregated weight in pounds of refrigerant with a GWP of 150 or more that was received by the certified reclaimer for reclamation or destruction;

(B) Total statewide annual aggregated weight in pounds of refrigerant with a GWP of 150 or more that was shipped out of Washington for reclamation; and

(C) Total statewide annual aggregated weight in pounds of refrigerant with a GWP of 150 or more that was shipped out of Washington for destruction.

(1) Beginning January 1, 2024, a refrigerant distributor, wholesaler, or reclaimer of a refrigerant with a GWP of 150 or more must keep all of the following records for a minimum of five years:

(a) Annual reports submitted pursuant to WAC 173-443-215;

(b) Invoices of all refrigerant(s) with a GWP of 150 or more received through sale or transfer and all refrigerant(s) distributed for sale or transfer. These invoices must include all of the following information:

(i) Name of the purchaser;

(ii) Date of sale or transfer;

(iii) Quantity sold or transferred; and

(iv) Type of refrigerant(s) with a GWP of 150 or more purchased, sold, or transferred.

(2) A refrigerant distributor or wholesaler selling a refrigerant with a GWP of 150 or more to a purchaser that is an employer of a certified technician must obtain written documentation showing that the purchaser currently employs at least one certified technician.

(3) The records identified in subsections (1) and (2) of this section must be kept at the facility of the refrigerant distributor or wholesaler and must be made available to an authorized representative of ecology's HFC program upon request.

(1) The owner or operator of a facility that has a refrigeration or air conditioning system may apply to ecology for an exemption from the requirements of WAC 173-443-165 or 173-443-175. Ecology may grant an exemption if it determines 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 exemptions.

(a) Impossibility. Ecology may grant an exemption if the applicant provides clear and convincing documentation that the requested exemption will not increase the overall risk to human health or the environment and that at least one of the following criteria is met:

(i) The component(s) or parts needed to complete a leak repair are not currently or potentially available; or

(ii) The applicant has made a good faith effort to repair all identified leaks in accordance with WAC 173-443-165 and to operate and maintain the system in accordance with manufacturer recommendations.

(b) Force majeure. Ecology may grant an exemption if the applicant provides clear and convincing documentation that the requested exemption will not increase the overall risk to human health or the environment and that all of the following criteria are met:

(i) The applicant cannot comply with the applicable requirements due to a force majeure event; and

(ii) The applicant has made a good faith effort to anticipate, address, and mitigate the impacts of any force majeure event.

(c) Economic hardship. Ecology may grant an exemption if the applicant provides clear and convincing documentation that the requested exemption will not increase the overall risk to human health or the environment and that all of the following criteria are met:

(i) The facility is a retail food facility or a small business, as defined in WAC 173-443-030;

(ii) Compliance with the applicable requirements would result in extreme financial hardship such as the closure of the facility or a substantial loss of revenue from the facility; and

(iii) The applicant has made a good faith effort to anticipate, address, and mitigate any potential noncompliance.

(3) Application process.

(a) Applicant. If the facility's owner(s) and operator(s) are different persons or entities, the application for an exemption must be submitted by the operator(s) and must include an attestation signed by the owner(s) indicating they have reviewed and verified the accuracy of the information contained in the application.

(b) To apply for an exemption, the applicant must submit an application that meets the requirements of (b)(i) through (vii) of this subsection:

(i) Applicant contact information:

(A) Name of facility;

(B) Facility owner(s);

(C) Facility operator(s), if different than the owner;

(D) Type of business or business activity;

(E) Facility address, including street address, city, state, and zip code;

(F) Facility contact phone number and email address;

(ii) The specific requirement(s) for which an exemption is requested;

(iii) An explanation of the reasons for seeking an exemption;

(iv) Documentation that the criteria for one or more of the types of exemptions set forth in subsection (2)(a) or (b) or (c) of this section is met;

(v) Length of time for which the exemption is requested and the earliest date when compliance can be achieved;

(vi) A description of the damage or harm that will result from having to comply with the applicable requirements within the required time frame; and

(vii) A proposed compliance plan describing how and when compliance with the applicable requirements will be achieved if the exemption is granted. The compliance plan must include all of the following:

(A) The method(s) by which compliance will be achieved;

(B) Milestone achievements;

(C) Milestone dates; and

(D) A proposed mitigation plan that demonstrates how the applicant will reduce greenhouse gas emissions while the exemption is in place. The mitigation plan must include all calculations used to determine emissions estimates.

(c) The application must be submitted in writing to either of the following addresses:

Ecology Air Quality Program

HFC Program

P.O. Box 47600

Olympia, WA 98504-7600; or

By email to: HFC@ecology.wa.gov

(4) Approval and disapproval process.

(a) Ecology will determine whether the exemption application is complete and will notify the applicant of its completeness determination within 30 days of receipt of the application. Only complete applications will be considered.

(b) Within 60 days of determining that the application is complete, ecology will determine if and under what conditions the exemption will be permitted. The applicant and ecology may mutually agree to a longer time period for ecology's review and evaluation.

(c) During the review period, ecology may request, and the applicant must provide, more information, if necessary, to reach a decision.

(d) Ecology will notify the applicant of the decision in writing, and if approved, will specify the terms and conditions of the exemption in a letter to the applicant. Such terms and conditions may include a requirement that best management practices be followed or that mitigation measures identified in the applicant's proposed compliance plan be implemented.

(e) Ecology will grant an exemption only to the applicant who applied for the exemption. The exemption is not transferable.

(f) Ecology will not approve an exemption retroactively prior to receipt of the application.

(g) An applicant adversely affected by a denial of an exemption or by the terms and conditions of an approved exemption, may appeal ecology's decision to the pollution control hearings board pursuant to chapter 43.21B RCW.

(5) Failure to comply with the terms of an approved exemption.

(a) The applicant must comply with the terms and conditions of an approved exemption to maintain its approved status.

(b) Ecology may revoke or modify an exemption approval if it determines the applicant no longer meets the criteria specified in the exemption approval letter.

(c) An applicant adversely affected by an ecology decision to revoke or modify an approved exemption may appeal ecology's decision to the pollution control hearings board pursuant to chapter 43.21B RCW.

(1) Any violation of this chapter is a violation of chapter 70A.15 RCW and subject to enforcement as provided in that chapter.

(2) In enforcing the requirements of this chapter, ecology will adhere to the provisions of chapter 43.05 RCW regarding site inspections, technical assistance visits, notices of correction, and the issuance of civil penalties, to the extent that these provisions are not in conflict with federal requirements described in RCW 43.05.901.

(3) Ecology may elect to refrain from or cease administering or enforcing a requirement of this chapter if EPA adopts requirements that:

(a) Are substantially duplicative of the requirements of this chapter and that negate the additional emission reduction benefits of state implementation of any requirement of this chapter; or

(b) Preempt state authority under this chapter.

(1) Information submitted to ecology under this chapter is a public record subject to the Washington Public Records Act (chapter 42.56 RCW).

(2) A person submitting information to ecology under this chapter who believes that the information is confidential business or proprietary information, or is otherwise exempt from public disclosure under the Washington Public Records Act (chapter 42.56 RCW), may request ecology keep said information confidential pursuant to RCW 70A.15.2510.

(3) All requests for confidentiality must meet the requirements of RCW 70A.15.2510 and be approved by the director.

If any provision of this chapter or its application is held invalid, the remainder of the chapter or application of the provision is not affected.

(1) Entities subject to fees. Each owner or operator of a refrigeration system or an air conditioning system with a full charge greater than or equal to 200 pounds of a high GWP refrigerant, as defined in WAC 173-443-030, in a single refrigerant circuit is subject to fees under the refrigerant management program.

(2) Types of fees. Ecology will charge fees to cover the direct and indirect costs of administering and enforcing the refrigerant management program.

(a) Initial implementation fee. Ecology will charge a one-time fee of $150 for each refrigeration or air conditioning system with a full refrigerant charge greater than or equal to 1,500 pounds.

(b) Annual implementation fee. Ecology will charge an annual implementation fee each year based on the refrigeration or air conditioning system's refrigerant charge size. For a facility with multiple refrigeration and/or air conditioning systems, the owner or operator must pay an annual implementation fee for each system pursuant to (b)(i) and (ii) of this subsection.

(i) The annual implementation fee is $370 for a refrigeration or air conditioning system with a refrigerant charge greater than or equal to 1,500 pounds.

(ii) The annual implementation fee is $170 for a refrigeration or air conditioning system with a refrigerant charge greater than or equal to 200 pounds, but less than 1,500 pounds.

(3) All fees collected under this section will be deposited into the refrigerant emission management account in accordance with RCW 70A.60.050.

(4) Fee modifications. Ecology may adjust the amount of the annual implementation fees set forth in subsection (2)(b) of this section based on the sufficiency of funds generated by the program over the previous year, as needed to cover program costs for the following year. Before changing a fee, ecology will:

(a) Prepare a draft workload analysis and budget that reflects the anticipated cost of administering and enforcing the refrigerant management program over the coming year compared to the total fees collected under this section during the previous year;

(b) Post the draft workload analysis, budget, and proposed fee change on ecology's website by August 1st of the year before the calendar year in which the change will take effect;

(c) Provide a 30-day public comment period on the draft workload analysis, budget, and proposed fee change; and

(d) Post the final workload analysis, budget, and new annual implementation fee by December 1st of the year before the new fee takes effect.

(5) Payment of fees. Fees identified in this section must be paid within 30 calendar days of receipt of ecology's billing statement. All fees must be made payable to the Washington state department of ecology. Ecology may assess a late fee surcharge for any fee payment received after 60 calendar days past the due date.