Hydrofluorocarbon and Refrigerant Regulations.
Hydrofluorocarbons (HFCs) are a category of gases used primarily as refrigerants in a variety of commercial and industrial applications. Hydrofluorocarbons are among the greenhouse gases (GHGs) identified by the United States Environmental Protection Agency (EPA) and the Department of Ecology (Ecology) as a result of their capacity to trap heat in the earth's atmosphere. According to the EPA, the global warming potential (GWP) of HFCs and other GHGs is measured as a function of how much of the gas is concentrated in the atmosphere, how long the gas stays in the atmosphere, and how strongly the particular gas affects global atmospheric temperatures. Under state law, the GWP of GHGs are measured in terms of their equivalence to the emission of an identical volume of carbon dioxide over a 100-year timeframe.
In December 2020 the United States Congress enacted the American Innovation and Manufacturing Act of 2020 (AIM Act) establishing federal restrictions on HFCs. The AIM Act, and EPA rules to implement it, establish a phase-down of the production and consumption of HFCs in the United States to 15 percent of baseline levels by 2036, with reductions to 60 percent of baseline levels taking effect in 2024, reductions to 30 percent of baseline levels taking effect in 2029, and reductions to 20 percent of baseline levels taking effect in 2034. In addition to the overall phase-down of HFCs, the EPA is authorized to adopt regulations to facilitate sector-based transitions to lower-GWP technologies, including through restrictions on the use of certain HFCs, and to adopt regulations to maximize reclamation and minimize releases of HFCs.
Under the Federal Clean Air Act, the EPA has adopted regulations to maximize the recapture and recycling of refrigerants during the maintenance, service, repair, and disposal of appliances and motor vehicle air conditioning systems. The EPA regulations require the certification of technicians that service, repair, or dispose of equipment that could release refrigerants, who must pass a test to become certified.
Since 2019 the Legislature has established a number of new regulatory programs to restrict emissions of HFCs and other refrigerants. Refrigerant emission policies include:
Violations of restrictions on HFCs are subject to civil and criminal penalties authorized under the state Clean Air Act, including civil penalties of up to $10,000 per violation.
State Purchasing and Procurement Policies for Hydrofluorocarbons and Refrigerants.
The Department of Enterprise Services (DES) is responsible for providing products and services to support state agencies, and sets policies and procedures for the state's purchases. State agencies covered by the DES's procurement policies include all executive and judicial branches of state government including: offices, divisions, boards, commissions, higher education institutions, and correctional and other institutions. The DES may enter into agreements with other state agencies that delegate certain authority to those agencies to purchase their own goods and services.
State law establishes certain preferences for the procurement of goods or services that meet a variety of criteria. Under legislation enacted in 2019, the DES established a purchasing and procurement policy favoring HFC-free products, or products that use ozone depleting substance substitutes with comparatively low GWPs. Under legislation enacted in 2021, the DES’s purchasing and procurement policy was expanded to include a preference, in serving existing equipment, for reclaimed refrigerants that meet minimum quality standards established by the EPA.
The following GWP limits are established for virgin bulk HFCs and HFC blends entering into commerce:
By rule, Ecology may adopt lower GWP limits or earlier dates for GWP limits if it finds an adequate supply of reclaimed refrigerant in Washington is available. Reclaimed refrigerants, HFCs used in aircraft and aircraft maintenance, and HFC applications that receive a specific GWP authorization for certain uses under EPA regulations are not subject to these GWP limits. Ecology may also provide a temporary exemption for an HFC or HFC blend where it determines that compliance is technically or economically infeasible. Exemptions last for no more than three years and must be conditional upon the exemption recipient carrying out a plan to meet GWP limits. Exemptions may be renewed with Ecology approval. All HFC violations are subject to state Clean Air Act criminal and civil penalties.
The DES must establish purchasing and procurement policies, effective July 1, 2026, that require state agencies to purchase HFCs that do not contain a GWP of over 750 co2e for use in replenishing leaks or servicing state-owned or state-operated equipment, unless the HFC is reclaimed. The DES must consult with Ecology in adopting rules to implement this section, and may provide for temporary exemptions where compliance is technically or economically infeasible. State agencies may not knowingly purchase products that are not accorded a preference consistent with this policy, unless granted a temporary exemption.
Ecology must establish and provide operational support to a refrigerant transition task force (task force) to study transitioning to climate-friendly refrigerants and enhancing reclamation and recovery of refrigerants. Twelve task force members representing specific interest groups must be appointed by July 1, 2026, and a draft task force report must be made available for public comment for 60 days, no later than June 1, 2027. The task force’s report must be submitted to the appropriate committees of the Legislature by December 1, 2027, and must assess the opportunities, barriers, and recommendations for transitioning to refrigerants with a GWP below 150 co2e and below 10 co2e.
Ecology must adopt rules, informed by the work and report of the task force, to require HFC alternatives with a GWP below 150 or 10 co2e in sectors unless it is not practical for entities in the sector to comply with such a requirement. Ecology may not commence this rulemaking until January 1, 2028. Ecology may combine this rulemaking with the rulemaking to establish the 2030 and 2033 GWP limits for HFCs.
As compared to the original House Bill, the Substitute Bill:
(In support) Federal law has already reduced the supply of high-GWP HFC refrigerants, and will further do so in the near future. Hydrofluorocarbons are extremely potent GHGs, and it is important to capture and reuse HFCs from existing refrigerant systems. The bulk virgin HFC GWP limits will create a market demand for reclaimed HFC refrigerants, which will encourage their recovery and proper management from existing systems. The long-term goal for HFC policy is to transition to environmentally and economically friendly alternatives. Carbon dioxide and other next generation refrigerant systems reduce energy use and do not rely on high GWP refrigerants. Boosting the supply of reclaimed refrigerant will allow supermarkets and other HFC users to continue to rely on their existing systems. This bill does not require anyone to purchase a new system. Industry and other stakeholders have helped shape this policy proposal. Heating and ventilation businesses currently have the capacity to properly recover and manage high-GWP refrigerants.
(Opposed) None.
(Other) This bill has been the subject of a lot of stakeholder discussion and input. It aligns with similar policy enacted in California, but would benefit from some additional fine-tuning to ensure that it works for Washington. Contractors should not be required to pay for recovered refrigerant that they bring back to a reclaimer. Local businesses should be represented well on the task force. The task force should include a larger number of voices of businesses that rely on or use HFCs, including from grocers and the agricultural sector. The start date for the initial phase down should be delayed until 2028 to allow the task force to look at California's implementation first. Businesses that have been legally stockpiling refrigerant should be allowed to use it.
(In support) Representative Davina Duerr, prime sponsor; Richie Kaur, Natural Resources Defense Council; Mike Armstrong, A-Gas; Cory Eckert, Alpine Ductless; Mike Wenrick, PCC Markets; Beth Porter, Environmental Investigation Agency; and Heather Trim, Zero Waste Washington.