WAC 173-443-050:

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173-443-040 << 173-443-050 >> 173-443-060

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PDFWAC 173-443-050

Exemptions applicable to WAC 173-443-040, Tables 1 through 3.

(1) Table 1 in this section lists exemptions to the prohibitions listed in WAC 173-443-040, Table 1.

TABLE 1. Exemptions for New Products and Equipment

End-Use	Prohibited Substances	Exemptions
Aerosol propellants	HFC-134a	Cleaning products for removal of grease, flux, and other soils from electrical equipment; Refrigerant flushes; Products for sensitivity testing of smoke detectors; Lubricants and freeze sprays for electrical equipment or electronics; Sprays for aircraft maintenance; Sprays containing corrosion preventive compounds used in the maintenance of aircraft, electrical equipment or electronics, or military equipment; Pesticides for use near electrical wires, in aircraft, in total release insecticide foggers, or in certified organic use pesticides for which EPA has specifically disallowed all other lower-GWP propellants; Mold release agents and mold cleaners; Lubricants and cleaners for spinnerettes for synthetic fabrics; Duster sprays specifically for removal of dust from photographic negatives, semiconductor chips, specimens under electron microscopes, and energized electrical equipment; Adhesives and sealants in large canisters; Document preservation sprays; FDA-approved MDIs for medical purposes; Wound care sprays; Topical coolant sprays for pain relief; Products for removing bandage adhesives from skin; Bear spray; and Pepper spray.
Aerosol propellants	HFC-227ea and blends of HFC-227ea and HFC-134a	FDA-approved MDIs for medical purposes.
Air conditioning: Centrifugal chillers Positive displacement chillers	HFC-134a	Military marine vessels where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements.
Air conditioning: Centrifugal chillers Positive displacement chillers	HFC-134a and R-404A	Human-rated spacecraft and related support equipment where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements.
Foams - Except rigid polyurethane spray foam	All substitutes	Military applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements until January 1, 2022; and Space- and aeronautics-related applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements until January 1, 2025.
Rigid polyurethane two-component spray foam	All substitutes	Military or space- and aeronautics-related applications where reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements until January 1, 2025.

(2) Table 2 in this section lists exemptions for new or retrofit stationary refrigeration equipment prohibitions set forth in WAC 173-443-040, Table 2.

TABLE 2. Exemptions For New or Retrofit Stationary Refrigeration Equipment

End-Use	Prohibited Substances	Exemptions
Commercial refrigeration: Retail food refrigeration, including chillers (New or retrofit)	Refrigerants with a GWP greater than 150	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; Facilities with new refrigeration equipment with an approved building permit issued before the effective date of this chapter; and Mission-critical military end-uses, as defined in WAC 173-443-030.
Commercial refrigeration: Cold storage warehouses (New or retrofit)	Refrigerants with a GWP greater than 150	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; Facilities with new refrigeration equipment with an approved building permit issued before the effective date of this chapter; and Mission-critical military end-uses, as defined in WAC 173-443-030.
Industrial process refrigeration, excluding chillers (New or retrofit)	Refrigerants with a GWP greater than 150	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; Very low temperature (VLT) refrigeration or cooling uses; Facilities with new refrigeration equipment with an approved building permit issued before the effective date of this chapter; and Mission-critical military end-uses, as defined in WAC 173-443-030.
Chillers used for industrial process refrigeration (New or retrofit)	Refrigerants with a GWP greater than 750	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; Very low temperature (VLT) refrigeration or cooling uses; Facilities with new refrigeration equipment with a building permit issued before the effective date of this chapter; and Mission-critical military end-uses, as defined in WAC 173-443-030.

(3) Table 3 in this section lists exemptions for new or retrofit stationary air conditioning equipment prohibitions set forth in WAC 173-443-040, Table 3.

TABLE 3. Exemptions for New or Retrofit Stationary Air Conditioning Equipment

End-Use	Prohibited Substances	Exemptions
Room air conditioners and residential dehumidifiers (New or retrofit)	Refrigerants with a GWP greater than 750	Facilities with new air conditioning equipment with a building permit issued before the effective date of this chapter; and Mission-critical military end-uses, as defined in WAC 173-443-030.
Variable refrigerant flow (VRF) or volume system (New or retrofit)	Refrigerants with a GWP greater than 750	Facilities with new air conditioning equipment with a building permit issued before the effective date of this chapter; and Mission-critical military end-uses, as defined in WAC 173-443-030.
Other types of air conditioning equipment used in residential and nonresidential applications (New or retrofit)	Refrigerants with a GWP greater than 750	Facilities with new air conditioning equipment with a building permit issued before the effective date of this chapter; and Mission-critical military end-uses, as defined in WAC 173-443-030.

[Statutory Authority: Chapter 70A.60 RCW. WSR 23-24-041 (Order 21-02), § 173-443-050, filed 11/30/23, effective 12/31/23. Statutory Authority: Chapters 70A.45 and 70A.15 RCW. WSR 21-01-085 (Order 19-04), § 173-443-050, filed 12/10/20, effective 1/10/21.]