Current through Register Vol. 41, No. 3, September 23, 2024
A. The sale,
lease, rent, installation, or entry into commerce in the Commonwealth of
Virginia by any person of any products or equipment that use or will use
hydrofluorocarbons for the applications and end-uses restricted by Appendix U
and Appendix V of Subpart G of 40 CFR Part 82 , as those read on January 3,
2017, is prohibited after the effective date specified in
9VAC5-145-120.
B. Except where an existing system is
retrofitted, nothing in this chapter requires a person that acquired prior to
the effective date of the restrictions specified in
9VAC5-145-120, a
product or equipment containing a substance prohibited under this chapter, to
cease use of that product or equipment.
C. The prohibitions of this chapter do not
apply to products or equipment in specific applications and end-uses restricted
by Appendix U and Appendix V of Subpart G of 40 CFR Part 82 , as those read on
January 3, 2017, that were manufactured prior to the effective date of the
restrictions specified in
9VAC5-145-120.
D. Notwithstanding subsection A of this
section, the uses of hydrofluorocarbons specified in subdivisions 1, 2, and 3
of this subsection are exempt from the prohibitions for the applications and
end-uses restricted by Appendix U and Appendix V of Subpart G of 40 CFR Part
82, as those read on January 3, 2017.
1. This
chapter does not restrict the use of hydrofluorocarbons in the manufacturing
process by extruded polystyrene board stock and billet manufacturers located in
the Commonwealth of Virginia to produce products for sale and distribution
outside of the Commonwealth, as long as the manufacturer and the distributors
of that product can demonstrate (i) that the extruded polystyrene board stock
or billet product is intended for distribution and sale, lease, rental,
installation, or entry into commerce outside of the Commonwealth of Virginia
and (ii) that the manufacturer and distributors have taken reasonable
precautions to assure that the extruded polystyrene board stock or billet
product is not distributed within the Commonwealth for sale, lease, rental,
installation, or entry into commerce. This exemption does not apply to extruded
polystyrene board stock or billet products that are sold, leased, rented,
installed, or otherwise entered into commerce by any person to retail outlets
within the Commonwealth. This exemption shall expire on the date specified in
9VAC5-145-130
B.
2. This chapter does not
restrict the use of hydrofluorocarbons in the manufacturing process by aviation
and aerospace businesses located in Virginia to produce products for sale and
distribution.
3. This chapter does
not restrict the management or use of a regulated substance for which the
Administrator of the U. S. Environmental Protection Agency has provided a
mandatory allocation of allowances pursuant to Section 103 (e)(4)(B)(iv)(I) of
the American Innovation and Manufacturing Act of 2020 in Division S, Innovation
for the Environment, of the Consolidated Appropriations Act, 2021 (H.R. 133
(116th)) for the exclusive use in applications solely for:
a. A propellant in metered dose
inhalers;
b. Defense
sprays;
c. Structural composite
preformed polyurethane foam for marine use and trailer use;
d. The etching of semiconductor material or
wafers and the cleaning of chemical vapor deposition chambers within the
semiconductor manufacturing sector;
e. Mission-critical military end-uses, such
as armored vehicle engine and shipyard fire suppression systems and systems
used in deployable and expeditionary applications; and
f. Onboard aerospace fire
suppression.
4. The
exemption in subdivision 2 of this subsection shall expire on December 28,
2025, or in the event the Administrator of the U.S. Environmental Protection
Agency has extended providing the allocation of allowances for certain
essential uses pursuant to Section 103 (e)(4)(B)(v)(II) of the American
Innovation and Manufacturing Act of 2020 in Division S, Innovation for the
Environment, of the Consolidated Appropriations Act, 2021 (H.R. 133 (116th)) to
the date that extension ends, whichever is later.
E. The provisions of this chapter apply
throughout the Commonwealth of Virginia.
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
