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 (carbon dioxide equivalents or CO2e).

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 that took effect in 2024, reductions to 30 percent of baseline levels scheduled to take effect in 2029, and reductions to 20 percent of baseline levels scheduled to take 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.  

In recent years the Department of Ecology has begun to implement a number of new regulatory programs to restrict emissions of HFCs and other refrigerants.  Refrigerant emission policies include:

• requiring that repair or disposal services of refrigeration equipment use refrigerant extraction equipment to recover unused refrigerants;
• prohibiting the willful release of refrigerants from air conditioning, heating and refrigeration systems, and consumer appliances;
• establishing a maximum GWP for refrigerants in numerous categories of uses, including foam-blowing agents like polyurethane or spray foam, refrigeration equipment, and air conditioning equipment; and
• establishing a refrigerant management program to reduce refrigerant emissions from larger stationary refrigeration systems and larger commercial air conditioning systems.  

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.

The following GWP limits are established for newly produced bulk HFCs and HFC blends entering into commerce:

• 1,500 CO2e, beginning January 1, 2030; and
• 750 CO2e, beginning January 1, 2033.

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 adopt rules to:

• provide a temporary, renewable exemption for a newly produced bulk HFC or HFC blend where compliance is technically or economically infeasible, but only if the exemption recipient carries out a plan to meet GWP limits; or
• provide up to a 30 calendar day emergency exemption to an applicant to purchase a specific quantity of a newly produced bulk HFC or HFC blend if the applicant is a registered participant in Ecology's refrigerant management program. Ecology must issue an exemption within three business days of receipt if the applicant demonstrates specified circumstances, including the existence of an emergency loss of refrigerating capacity that will cause economic loss or health risks, and the need for repairs that will require recharge with HFCs.

All HFC violations are subject to state Clean Air Act criminal and civil penalties.

Ecology must establish and provide operational support to a refrigerant transition task force (task force) to study transitioning to climate-friendly refrigerants and enhancing, recycling, reclamation, recovery, and destruction of refrigerants.  Twelve task force members representing specific interest groups must be appointed by July 1, 2026, and Ecology may invite the input of others with relevant expertise to work with the task force.  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 issue a proposed rule until January 1, 2028.  Ecology may combine this rulemaking with the rulemaking to establish the 2030 and 2033 GWP limits for HFCs.

Severability and a null and void clauses are included.