WSR 26-11-060
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF ECOLOGY
[Order 25-14—Filed May 20, 2026, 7:38 a.m.]
Subject of Possible Rule Making: The department of ecology (ecology) is considering amendments to chapter 173-443 WAC, Hydrofluorocarbons (HFCs) and other fluorinated greenhouse gases. These revisions ensure the rule aligns with the statutory changes to chapter
70A.60 RCW, which was amended in HB [2SHB] 1462 during the 2025 legislative session. The rule making will specifically restrict the sale of newly produced refrigerants with high global warming potentials (GWPs). It will also establish requirements for the transition to refrigerants with low and ultra-low GWP in sectors that use regulated refrigerants and substitutes as authorized under RCW
70A.60.120. This transition will be informed by the refrigerant transitions task force, established by HB [2SHB] 1462, to study the opportunities and barriers to using climate-friendly refrigerants. Lastly, this rule making will include technical changes and other updates.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter
70A.60 RCW, Hydrofluorocarbons
—Emissions reduction.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: HFCs are greenhouse gases that can be thousands of times more powerful than carbon dioxide. This rule making will reduce greenhouse gas emissions associated with regulated refrigerants and substitutes, including HFCs, by supporting the transition to environmentally and economically sustainable alternatives and promoting the use of reclaimed refrigerants. Emissions reductions from the increased recovery of refrigerants will help Washington achieve its mandatory emissions limits and protect our climate from harmful pollutants.
In the 2025 legislative session, the Washington state legislature passed HB [2SHB] 1462, which directs ecology to implement new requirements related to the use and sale of high GWP refrigerants and substitutes, including HFCs. This rule making will amend chapter 173-443 WAC, Hydrofluorocarbons and other fluorinated greenhouse gases.
The purpose of these updates is to:
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| • | Align chapter 173-443 WAC with new statutory directives in HB [2SHB] 1462, including: |
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| o | Implementing restrictions on newly produced refrigerants and other requirements identified in HB [2SHB] 1462. |
| o | Adding requirements for low and ultra-low GWP alternatives as informed by the work of the refrigerant transitions task force established by HB [2SHB] 1462. |
| o | Addressing additional implementation needs identified through the work of the refrigerant transitions task force. |
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| • | Establish compliance mechanisms and supporting requirements for the use, sale, and distribution of regulated refrigerants and substitutes. |
| • | Amend enforcement provisions, reporting, and recordkeeping requirements. |
This rule making will also evaluate requirements for specific facility categories, including data centers. In February 2025, ecology issued enforcement discretion guidance regarding HFC restrictions for certain data center cooling equipment. This rule making will provide an opportunity to evaluate the issues raised in that guidance and may consider similar issues for other categories of facilities. Additionally, this rule making may cover other issues identified during the rule-making process.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Environmental Protection Agency, California air resources board, and other state agencies that regulate refrigerants and substitutes. Ecology will harmonize select portions of our program to align with federal standards and leading state programs as appropriate.
Process for Developing New Rule: Ecology will follow the standard process for the adoption of rules under the Administrative Procedure Act (chapter
34.05 RCW).
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Gopika Patwa, Department of Ecology, Climate Pollution Reduction Program, P.O. Box 47600, Olympia, WA 98504-7600, phone 360-338-2419, email Gopika.patwa@ecy.wa.gov, website https://ecology.wa.gov/regulations-permits/laws-rules-rulemaking/rulemaking/wac-173-443-hydrofluorocarbons-and-other. Dial 711 to call through the Washington telecommunications relay for services like text telephone (TTY). Visit Ecology.wa.gov/ADA for more accessibility information.
Additional comments: Interested parties can stay informed about the rule making and public involvement opportunities as described above. Ecology will extend an offer for government-to-government consultation with tribal governments during each phase of rule development.
Ecology will conduct an environmental justice assessment in accordance with RCW
70A.02.060 as a part of this rule making.
May 20, 2026
Joel Creswell
Program Manager
Climate Pollution Reduction