IIAR

The refrigeration industry is experiencing regulatory pressures to transition away from HFC refrigerants at all levels.

“While federal regulations under the AIM Act are a key factor in the shift away from HFCs, policymakers in California, New York, and Washington are sending an even stronger signal to move to future-proof refrigerants as quickly as possible,” said Danielle Wright, executive director of the North American Sustainable Refrigeration Council.

Caroline Halter, communications manager for the climate pollution reduction program at the Washington Department of Ecology, said HFCs are greenhouse gases that can be thousands of times more powerful than carbon dioxide.

“HFCs were designed to be less harmful to the earth’s protective ozone layer, compared to chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs). But now, HFCs are quickly building up in the atmosphere. If their use isn’t reduced, HFC emissions will increase to 7–19% of global GHG emissions by 2050,” Halter said.

States Washington, California, and New York have set ambitious climate targets that are driving their decisions to go beyond the regulatory requirements at the federal level. “In some cases, achieving those climate targets means eliminating HFC emissions and transitioning to zero and near-zero GWP solutions like natural refrigerants,” Wright said.

California Addresses HFCs

California was the first state to implement HFC regulations beyond the federal regulatory requirements under the AIM Act. “It established a 150 GWP limit for new refrigeration equipment >50 lbs. in new facilities and created two pathways to catalyze the transition of existing facilities away from HFCs,” Wright said.

Additionally, California’s SB 1206 established a sales ban on virgin high-GWP refrigerants that will become more stringent over time. “The same regulation requires CARB to publish an assessment report detailing a strategy to transition the state’s economy away from HFCs by 2035,” Wright explained.

Washington State Sets Specific Targets

Washington has finalized a regulation that set a GWP limit of 150 on new equipment >50lbs starting in 2025. Starting in 2029, the same 150 GWP limits will apply to refrigerant retrofits, which will essentially eliminate a gas retrofit option.

“Policies that target HFCs are critical to meeting Washington’s legal limits on greenhouse gas emissions and combating climate change globally,” Halter said.

In May 2021, Washington’s governor signed a law that expanded 2019 hydrofluorocarbon restrictions and directed Dept. of Ecology to reduce greenhouse gas emissions from HFCs by transitioning to less damaging chemicals in certain new foam, aerosol, refrigeration and air conditioning uses.  

Under the governor’s direction, the department was also tasked with establishing global warming potential requirements for refrigerants used in refrigeration and air conditioning equipment, including heat pumps. It will apply the same emission control requirements to HFCs that apply to ozone-depleting substances (ODSs) and establish a refrigerant management program for existing equipment.  

Tristam Coffin, co-founder of Effecterra and president of sustainability, policy, and technical services, said it is important to note that Washington includes HVAC applications, which California does not. “HVAC is often a more distributed impact, but, overall, it is a larger impact to refrigeration,” he said. 

As part of the regulation, Washington facilities with refrigeration and air conditioning systems containing 50 pounds or more of refrigerant, with a GWP of at least 150, to conduct and report periodic leak inspections, promptly repair leaks, and keep service records on site. “They may continue to operate their equipment if it remains in good operating condition and leaks of refrigerants are promptly repaired,” Halter said.

The Refrigerant Management Program also requires those performing installation, maintenance, service, repair, or disposal of a refrigeration or air conditioning system that meets the 50-pound threshold to minimize refrigerant emissions in their practices. Additionally, it requires distributors, wholesalers, and reclaimers of refrigerants that sell, supply or distribute any amount of refrigerant with a GWP of 150 or higher to register, keep records, and report annually to Ecology. 

All facilities that meet the 50-pound threshold will be required to register with the Dept. of Ecology for the RMP. This requirement is being phased in over time based on equipment size. “As of now, only facilities with 1,500+ pounds of refrigerant or more must register with the program. The threshold is determined by each facility’s largest piece of equipment,” Halter said.

Even though small and medium equipment users aren’t yet required to register for the RMP, all equipment users, regardless of size, are required to comply by repairing leaks on systems containing 50 pounds or more of refrigerant and a GWP of at least 150, retrofitting and retiring existing equipment that cannot be repaired and keeping certain records.

Halter said important dates for small and medium equipment users to keep in mind are Jan. 1, 2026, which is the required registration date for facilities with 200-1,499 pounds of refrigerant, and Jan. 2, 2028, which is the required registration date for facilities with 50-199 pounds of refrigerant. “The threshold is determined by each facility’s largest piece of equipment,” she added.

New York Moves Forward

New York is still in the proposal stage of its regulation. Similar to California and Washington, the state’s proposed regulation sends a very strong signal to the industry to transition away from HFCs and towards the lowest possible GWP refrigerants as quickly as possible.

“We expect that New York will finalize their rules soon,” Coffin said, adding that New York has taken numerous public comments, and the state’s rules go even further than California and Washington have, using a GWP 20 metric rather than GWP 100. “It is looking to go further using the latest and greatest science.”

State vs. Federal Requirements

Several other states are considering HFC restrictions (the North American Sustainable Refrigeration Council has a map available at https://nasrc.org/hfc-policy). Coffin said more states may pursue regulatory requirements if they don’t feel that there is going to be strong guidance at the federal level.

“If the Democrats hold office, I think states will continue to follow the federal government. If they don’t, I think more states will jump in,” he said, adding that having multiple state regulations creates more of a patchwork approach. “It feels like it can be a moving target, but we always argue for following the latest science.”

Halter said natural refrigerants are a solid solution. “Natural refrigerants have low global warming potentials and can reduce GHG emissions, energy, gas, and water consumption,” she said.