Current through Register Vol. 41, No. 3, September 23, 2024
A. As of January 1, 2022, except for
acceptable uses listed in Appendix U and Appendix V of Subpart G of 40 CFR Part
82, as those read on January 3, 2017, any person that manufactures for sale or
entry into commerce in the Commonwealth of Virginia, products or equipment in
the air-conditioning, refrigeration, foam, or aerosol propellant end-uses
listed in those appendices, shall provide a written disclosure to the buyer.
1. For motor-bearing refrigeration and
air-conditioning equipment that is neither factory-charged nor pre-charged with
refrigerant, the required disclosure or label shall state: "This equipment is
prohibited from using any substance on the 'List of Prohibited Substances' for
that specific end-use, in accordance with state regulations for
hydrofluorocarbons."
2. Except for
products and equipment with existing labeling required by state building codes
and safety standards that contain the information required in subdivisions 2 a
and 2 b of this subsection, for refrigeration and air-conditioning equipment
that are factory-charged or pre-charged with a hydrofluorocarbon or
hydrofluorocarbon blend the required disclosure or label shall include:
a. The date of manufacture; and
b. The refrigerant and foam blowing agent
that the product or equipment contains.
3. For foam products, the disclosure or label
shall include one of the following alternatives:
a. The date of manufacture and either:
(1) Identification of the foam blowing agent
that the product contains; or
(2) A
reference to a Safety Data Sheet (complying with
29 CFR
1910.1200 requirements), provided that the
Safety Data Sheet identifies the foam blowing agent the product contains;
or
b. The statement
"Where sold, compliant with state HFC regulations."
4. For aerosol propellants, the disclosure or
label shall include one of the following alternatives:
a. The date of manufacture and either:
(1) Identification of the aerosol propellant
that the product contains; or
(2) A
reference to a Safety Data Sheet (complying with
29 CFR
1910.1200 requirements), provided that the
Safety Data Sheet identifies the propellant that the product contains;
or
b. The statement
"Where sold, compliant with state HFC
regulations."
B. If not combined with a written disclosure
statement required by another jurisdiction, the written disclosure shall
include the following statement signed by an authorized representative of the
manufacturer: "I certify under penalty of law that the statements and
information submitted in this document are to the best of my knowledge and
belief true, accurate, and complete."
C. The manufacturer may substitute a date
code representing the date of manufacture for the date of manufacture required
in subsection A of this section.
Statutory Authority: §
10.1-1308 of the Code
of Virginia.
