On July 13, 2023, Washington Department of Ecology (Ecology) published amendments to Chapter 173-443 WAC, Hydrofluorocarbons (HFCs) and Chapter 173-455 WAC, Air Quality Fee Rule. Ecology conducted an online public hearing on August 24, 2023 and is accepting comments online through August 31, 2023. The proposed amendments aim to set maximum global warming potential (GWP) thresholds for new stationary refrigeration and air-conditioning equipment as well as implement a Refrigerant Management Program (RMP) to address emissions from large refrigeration and air-conditioning equipment containing high-GWP (>150) refrigerant. The proposed rule is expected to be adopted in November 2023 and to become effective 31 days after filing.
Prohibitions on the use of certain HFCs
Under the proposed amendments, new refrigeration systems with capacities of over 50 pounds of refrigerant must use a refrigerant with a GWP below 150 beginning January 1, 2025. This requirement would apply to retail food refrigeration (including chillers), cold storage warehouses, and industrial process refrigeration (excluding chillers). Chillers used for industrial process refrigeration are required to use a refrigerant with a GWP below 750 with the same effective date of January 1, 2025. The proposed requirements also have a GWP limit of 750 for refrigerants used in new air conditioning equipment. The effective dates range from 2024 to 2026 depending on the end-use.
The proposed amendments include the following exemptions:
- Equipment with 50 pounds or less of refrigerant;
- Replacement of a refrigeration component in an existing facility as part of normal maintenance provided the result does not meet the criteria of “new refrigeration equipment” as defined in WAC 173-443-030; and
- Facilities with new refrigeration equipment with a building permit issued before the applicable effective date.
Refrigerant Management Program (RMP)
The proposed amendments also include implementation of a refrigerant management program (RMP) for facilities with refrigeration or air conditioning systems with full charges greater than or equal to 50 pounds of a high-GWP refrigerant. The RMP includes various requirements such as registration, leak detection and monitoring, and recordkeeping. Rule requirements by appliance full charge are included in the Table. All requirements are effective January 1, 2024, except as noted in the Table.
| Full Charge | Large
≥1,500 Pounds | Medium
200 ≤ 1,499 Pounds | Small
50 ≤ 199 Pounds |
| Registration Deadline | March 15, 2024 | March 15, 2026 | March 15, 2028 |
| Implementation Fee (As clarified during the public hearing on August 24, the fee will be charged on a per facility basis, not on a per system basis.) | Initial | $150 | None | None |
| Annual | $370 | $170 | None |
| Leak Inspections | Frequency | Monthly | Every 3 months | Yearly |
| Requirement | - Inspections must be conducted by a Section 608 certified technician using a calibrated refrigerant leak detection device or a bubble test.
- Additional system leak inspections are required:
- – At the time of initial and follow-up verification tests;
- – Each time refrigerant is added in an amount equal to or greater than five (5) pounds or one percent of the full charge, whichever is greater; and
- – Each time oil residue is observed on any refrigerant circuit component indicating a refrigerant leak.
- Inspections are not required if ALD is installed, audited, and calibrated annually.
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| Automatic leak detection (ALD) | Required for enclosed systems or parts of systems that are enclosed by January 1, 2025, unless the system is intended to be replaced or retrofitted to use a low-GWP refrigerant by January 1, 2027 | Not required, but can optionally be installed to avoid leak inspection requirements |
| Leak Rate Thresholds | - Commercial or Retail Refrigeration: 16%
- Industrial Process Refrigeration (IPR): 24%
- Air Conditioning: 8%
|
| Leak Notification | Notify Ecology through the Ecology RMP platform within 30 days of determining the exceedance of the leak rate threshold, followed by leak repair verification tests |
| Leak Rate Calculation | Leak rates must be calculated every time a leak inspection is conducted, and refrigerant is added to a system, except for new systems. Leak rates must be calculated using the 12-month rolling average method as noted in the rule. |
| Leak Repair | - Repair by a certified technician within 14 calendar days of leak detection, except when a longer period is allowed;
- Conduct an initial verification test upon completion of any leak repair and prior to adding additional refrigerant;
- Conduct a follow-up verification test within 14 days of the system returning to normal operating conditions if system was evacuated for the repair; and
- Create and implement a retrofit or retirement plan if identified leaks are not repaired within the required timeframe.
|
| Reporting | Annual facility report | Annual facility report | None required |
| Recordkeeping | Maintain the following records for a minimum of 5 years: - All registration information;
- Documentation of all leak detection systems, leak inspections, and annual audit and calibrations of ALD systems;
- 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;
- Any retrofit or retirement plans required;
- All reports required;
- Any application for an exemption and any Ecology notification of approval, denial, revocation, or modification of an exemption;
- Any plan or other written documentation required, signed by the facility’s representative, indicating that the system will be replaced or retrofitted to a low-GWP refrigerant before January 1, 2027, in lieu of installing ALD;
- Invoices of high-GWP refrigerant purchases;
- Record of all shipments of high-GWP refrigerants for reclamation or destruction; and
- Records of all refrigeration or air condition systems component data, measurements, calculations, and assumptions used to determine full charge.
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Next Steps
To learn more about the proposed rule, feel free to review the Hydrofluorocarbons Proposed Rule Language Informational Guidebook recently published by Ecology or join our upcoming complimentary webinar on September 14, 2023. If you have more questions or would like Trinity to submit comments on your behalf, please contact Trinity’s Seattle office or call 253.867.5600.
