310 CMR 7.76(6)

Table 1;

Year: 2026Length: 3,243 wordsOfficial source
(c) products or equipment to which components have been added to increase system capacity on or after the effective date of prohibition in 310 CMR 7.76(6): Table 1; or (d) products or equipment replaced or cumulatively replaced such that the cumulative capital cost on or after the effective date of prohibition in 310 CMR 7.76(6): Table 1 of replacement exceeds 50% of the capital cost of replacing the whole system. Person. Any individual, firm, association, organization, manufacturer, distributor, partnership, trust, corporation, limited liability company, company, state, or local governmental agency or public district. Phenolic Insulation Board and Bunstock. Phenolic insulation including but not limited to that used for roofing and walls. Bunstock is a large solid box-like structure formed during the production of polystyrene insulation. Polyolefin. Foam sheets and tubes made of polyolefin, a macromolecule formed by the polymerization of olefin monomer units. Polystyrene Extruded Boardstock and Billet (XPS). A foam formed from polymers of styrene and produced on extruding machines in the form of continuous foam slabs which can be cut and shaped into panels used for roofing, walls, flooring, and pipes. Polystyrene Extruded Sheet. Polystyrene foam including, but not limited to, that used for packaging and buoyancy or floatation. It is also made into food-service items including, but not limited to, hinged polystyrene containers (for "take-out" from restaurants); food trays (meat and poultry), plates, bowls, and retail egg containers. Polyurethane. A polymer formed principally by the reaction of an isocyanate and a polyol. Positive Displacement Chiller. Vapor compression cycle chillers that use positive displacement compressors, typically used for commercial comfort air conditioning. For the purpose of 310 CMR 7.76, Positive Displacement Chiller is a chiller intended for comfort cooling and does not include cooling for industrial process cooling and refrigeration. 5/12/23 (Effective 11/11/22) - corrected 310 CMR - 250.102.76.47 Refrigerant. Any substance, including blends and mixtures, which is used for heat transfer purposes. Refrigerated Food Processing and Dispensing Equipment. Retail food refrigeration equipment that is designed to process food and beverages that are intended for immediate or near-immediate consumption including, but not limited to, chilled and frozen beverages, ice cream, and whipped cream. For the purpose of 310 CMR 7.76, Refrigerated Food Processing and Dispensing Equipment does not include water coolers, or units designed solely to cool and dispense water. Refrigeration Equipment. Any stationary device that is designed to contain and use refrigerant to establish or maintain colder than ambient temperatures in a confined space including, but not limited to, retail or commercial refrigeration equipment, household refrigerators and freezers, and cold storage warehouses. Remote Condensing Units. Retail refrigeration equipment or units that have a central condensing portion and may consist of compressors, condensers, and receivers assembled into a single unit, which may be located external to the sales area. The condensing portion (and often other parts of the system) is located outside the space or area cooled by the evaporator. For example, Remote Condensing Units are commonly installed in convenience stores, specialty shops (e.g., bakeries, butcher shops), supermarkets, restaurants, and other locations where food or other products are stored, served, or sold. Residential Use. Use by a private individual of a substance, or a product containing the substance, in or around a permanent or temporary household, including use in both single and multi-unit dwellings, during recreation, or for any personal use or enjoyment. Use within a household for commercial or medical applications is not included in this definition, nor is use in automobiles, watercraft, or aircraft. Retail Food Refrigeration or Commercial Refrigeration. Equipment designed to store and display chilled or frozen goods for commercial sale including, but not limited to, stand-alone units, refrigerated goods processing and dispensing equipment, remote condensing units, supermarket systems, and vending machines. Retrofit. To convert an appliance from one refrigerant to another refrigerant. Retrofitting includes the conversion of the appliance to achieve system compatibility with the new refrigerant and may include, but is not limited to, changes in lubricants, gaskets, filters, driers, valves, o-rings or appliance components. Rigid Polyurethane and Polyisocyanurate Laminated Boardstock. Laminated board insulation made with polyurethane or polyisocyanurate foam including, but not limited to, that used for roofing and walls. Rigid Polyurethane Appliance Foam. Polyurethane insulation foam in domestic (e.g. residential) appliances. Rigid Polyurethane Commercial Refrigeration and Sandwich Panels. Polyurethane foam, used to provide insulation in walls and doors including, but not limited to, that used for commercial refrigeration equipment and garage doors. Rigid Polyurethane High-pressure Two-component Spray Foam. A liquid polyurethane foam system sold as two parts (i.e., A-side and B-side) in non-pressurized containers; and is field or factory applied in situ using high-pressure proportioning pumps at 800-1600 pounds per square inch (psi) and an application gun to mix and dispense the chemical components. Rigid Polyurethane Low-pressure Two-component Spray Foam. A liquid polyurethane foam system sold as two parts (i.e., A-side and B-side) in containers that are pressurized to less than 250 psi during manufacture of the system for application without pumps; and are typically applied in situ relying upon a liquid blowing agent and/or gaseous foam blowing agent that also serves as a propellant. 5/12/23 (Effective 11/11/22) - corrected 310 CMR - 250.102.76.48 Rigid Polyurethane Marine Flotation Foam. Buoyancy or flotation polyurethane foam used in boat and ship manufacturing for both structural and flotation purposes. Rigid Polyurethane One-component Foam Sealants. A polyurethane foam generally packaged in aerosol cans that is applied in situ using a gaseous foam blowing agent that is also the propellant for the aerosol formulation. Rigid Polyurethane Slabstock and Other. A rigid closed-cell polyurethane foam formed into slabstock insulation for panels and fabricated shapes for pipes and vessels. Stand-Alone Unit. Retail refrigerators, freezers, and reach-in coolers (either open or with doors) where all refrigeration components are integrated and the refrigeration circuit is entirely brazed or welded. These systems are fully charged with refrigerant at the factory and typically require only an electricity supply to begin operation. Stand-alone Low-temperature Unit. A stand-alone unit that maintains goods at temperatures at or below 32EF (0EC). Stand-alone Medium-temperature Unit. A stand-alone unit that maintains goods at temperatures above 32°F (0 °C). State (when capitalized). The Commonwealth of Massachusetts for disclosure requirements in 310 CMR 7.76(5). Substance. Any chemical intended for use in the end-uses listed in 310 CMR 7.76(6). Supermarket Systems. Multiplex or centralized retail food refrigeration equipment systems designed to cool or refrigerate, which operate with racks of compressors installed in a machinery room and which includes both direct and indirect systems. Use. Any utilization of any substance including, but not limited to, utilization in a manufacturing process or product in Massachusetts, consumption by the end-user in Massachusetts, or in intermediate applications in Massachusetts, such as formulation or packaging for other subsequent applications. For the purposes of 310 CMR 7.76, Use excludes residential use, but it does not exclude manufacturing for the purpose of residential use. Vending Machines. A self-contained unit that dispenses goods that must be kept cold or frozen. (3) Applicability. 310 CMR 7.76 applies to any person who sells, leases, rents, offers for sale, installs, uses, or manufactures, in Massachusetts, any product or equipment that uses or will use a prohibited substance in the end-uses listed in 310 CMR 7.76(6). 310 CMR 7.76 does not apply to any person in Massachusetts who uses for residential use any combination of a Household Refrigerator or Freezer, a Household Refrigerator or Freezer – Compact, or a Household Refrigerator or Freezer – Built-in. (4) Prohibitions. (a) No person may sell, lease, rent, offer for sale, install, use or manufacture, in Massachusetts, any product or equipment that uses or will use a prohibited substance in the end-uses listed in 310 CMR 7.76(6), unless an exemption is provided for the end-use in 310 CMR 7.76(7). (b) Except where existing equipment is retrofitted, nothing in 310 CMR 7.76 requires a person that acquired a product or equipment containing a prohibited substance prior to an effective date of prohibition in 310 CMR 7.76(6): Table 1 to cease use of that product or equipment. (c) Products or equipment manufactured prior to the applicable effective date of the prohibitions in 310 CMR 7.76(6): Table 1, including foam systems not yet applied on site or new refrigeration equipment for which a facility has received a building permit prior to the effective date of prohibition, may be sold, leased, rented, imported, exported, distributed, installed, and used on or after the effective date of prohibition. 5/12/23 (Effective 11/11/22) - corrected 310 CMR - 250.102.76.49 (5) Disclosure Statement. Except for the exemptions listed in 310 CMR 7.76(7): Table 1, as of the effective date of prohibition in 310 CMR 7.76(6): Table 1, any person who manufactures for sale in Massachusetts products or equipment in the air conditioning, refrigeration, foam, or aerosol propellant end-uses listed in 310 CMR 7.76(6), must provide a written disclosure or label to the buyer as follows. (a) For motor-bearing refrigeration and air conditioning equipment that is neither factory-charged nor pre-charged with refrigerant, the required disclosure or label must 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." (b) Except for products and equipment with existing labeling required by State building codes and safety standards which contain the information required in 310 CMR 7.76(5)(b)1. and 2., the disclosure or label for motor-bearing refrigeration and air conditioning equipment that are factory-charged or pre-charged with a hydrofluorocarbon or hydrofluorocarbon blend shall include: 1. The date of manufacture or a date code representing the date. If the manufacturer uses a date code for any product, the manufacturer shall file an explanation of each code with the Department; and 2. The refrigerant and foam blowing agent the product or equipment contains. (c) Except for foam products with existing labeling required by State building codes and safety standards which contain the information required in 310 CMR 7.76(5)(c)1. and 2., the disclosure or label for foam products shall include one of the two alternatives in 310 CMR 7.76(5)(c)1. and 2.: 1. Alternative 1. a. The date of manufacture or a date code representing the date. If the manufacturer uses a date code for any product, the manufacturer shall file an explanation of each code with the Department; and b. The foam blowing agent the product contains, or a reference to a Safety Data Sheet (complying with 29 CFR 1910.1200 requirements), if the latter identifies the foam blowing agent the product contains. 2. Alternative 2. "Where sold, compliant with State HFC regulations." (d) For aerosol propellants, the disclosure or label shall include one of the two alternatives in 310 CMR 7.76(5)(d)1. and 2.: 1. Alternative 1. a. The date of manufacture or a date code representing the date, which is indicated on the label, lid, or bottom of the container. If the manufacturer uses a date code for any product, the manufacturer shall file an explanation of each code with the Department; and b. The aerosol propellant the product contains, or availability of a Safety Data Sheet (complying with 29 CFR 1910.1200 requirements), if the latter identifies the propellant the product contains. 2. Alternative 2. "Where sold, compliant with State HFC regulations." (6) List of Prohibited Substances by End-use. 310 CMR 7.76(6): Table 1 lists prohibited substances in specific end-uses and the effective date of prohibition, unless an exemption is provided for the end-use in 310 CMR 7.76(7). The prohibitions do not apply to products and equipment in specific end-uses manufactured prior to an applicable effective date of prohibition. 5/12/23 (Effective 11/11/22) - corrected 310 CMR - 250.102.76.50 Table 1: End-use and Prohibited Substances End-use Prohibited Substances Effective Date of Prohibition End-use Category: Aerosol Propellants Aerosol Propellants HFC-125, HFC-134a, HFC-227ea and blends of HFC-227ea and HFC 134a January 1, 2021 End-Use Category: Air Conditioning Centrifugal chillers (new) FOR12A, FOR12B, HFC-134a, HFC-227ea, HFC-236fa, HFC245fa, R-125/ 134a/ 600a (28.1/70/1.9), R-125/ 290/ 134a/ 600a (55.0/1.0/42.5/1.5), R-404A, R-407C, R-410A, R-410B, R-417A, R-421A, R-422B, R-422C, R-422D, R-423A, R-424A, R-434A, R438A, R -5 0 7 A, R S - 4 4 ( 2 0 03 composition), THR-03 January 1, 2024 Positive displacement chillers (new) FOR12A, FOR12B, HFC-134a, HFC-227ea, KDD6, R125/ 134a/ 600a (28.1/70/1.9), R-125/ 290/ 134a/ 600a (55.0/1.0/42.5/1.5), R-404A, R-407C, R-410A, R-410B, R-417A, R-421A, R-422B, R-422C, R-422D, R-424A, R-434A, R-437A, R438A, R-507A, RS-44 (2003 composition), SP34E, THR-03 January 1, 2024 End-use Category: Refrigeration Cold storage warehouses (new) HFC-227ea, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R404A, R-407A, R-407B, R-410A, R-410B, R-417A, R-421A, R421B, R-422A, R-422B, R-422C, R-422D, R-423A, R-424A, R428A, R-434A, R-438A, R-507A, RS-44 (2003 composition) January 1, 2023 Household refrigerators and freezers (new) FOR12A, FOR12B, HFC-134a, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R- 404A, R-407C, R407F, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-426A, R-428A, R-434A, R-437A, R-438A, R-507A, RS24 (2002 formulation), RS 44 (2003 formulation), SP34E, THR-03 January 1, 2022 5/12/23 (Effective 11/11/22) - corrected 310 CMR - 250.102.76.51 Table 1: End-use and Prohibited Substances (continued) End-use Prohibited Substances Effective Date of Prohibition Household refrigerators and freezers-compact (new) FOR12A, FOR12B, HFC 134a, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407C, R- 407F, R-410A, R-410B, R- 417A, R-421A, R- 421B, R-422A, R-422B, R-422C, R-422D, R424A, R-426A, R-428A, R-434A, R-437A, R-438A, R- 507A, RS24 (2002 formulation), RS 44 (2003 formulation), SP34E, THR-03 January 1, 2021 Household refrigerators and freezers-built in appliances (new) FOR12A, FOR12B, HFC 134a, KDD6, R- 125/290/134a/600a (55.0/1.0/42.5/1.5), R- 404A, R-407C, R-407F, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R424A, R-426A, R-428A, R-434A, R-437A, R-438A, R-507A, RS24 (2002 formulation), RS-44 (2003 formulation), SP34E, THR-03 January 1, 2023 Supermarket Systems (Retrofit) R-404A, R- 407B, R- 421B, R-422A,R-422C,R-422D, R428A, R-434A, R-507A January 1, 2021 Supermarket Systems (New) HFC-227ea, R-404A, R-407B, R-421B, R-422A, R-422C, R-422D, R-428A, R-434A, R-507A January 1, 2021 Remote Condensing Units (Retrofit) R-404A, R-407B, R-421B, R-422A, R-422C, R-422D, R-428A, R-434A, R-507A January 1, 2021 Remote Condensing Units (New) HFC-227ea, R-404A, R-407B, R 421B, R-422A, R-422C, R-422D, R-428A, R-434A, R-507A January 1, 2021 Stand-alone Units (Retrofit) R-404A, R-507A January 1, 2021 Stand-alone Medium-temperature Units (New) FOR12A, FOR12B, HFC-134a, HFC-227ea, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R407A, R-407B, R-407C, R407F, R-410A, R-410B, R417A, R-421A, R-421B, R-422A, R-422B, R-422C, R422D, R-424A, R-426A, R-428A, R-434A, R-437A, R438A, R-507A, RS-24 (2002 formulation), RS-44 (2003 formulation), SP34E, THR-03 January 1, 2021 5/12/23 (Effective 11/11/22) - corrected 310 CMR - 250.102.76.52 Table 1: End-use and Prohibited Substances (continued) End-use Prohibited Substances Effective Date of Prohibition Stand-alone Low-temperature Units (New) HFC-227ea, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407A, R-407B, R-407C, R-407F, R-410A, R-410B, R-417A, R-421A, R-421B, R422A, R-422B, R-422C, R-422D, R-424A, R-428A, R434A, R-437A, R-438A, R-507A, RS-44 (2003 formulation) January 1, 2021 Refrigerated food processing and dispensing equipment (New) HFC-227ea, KDD6, R-125/ 290/ 134a/ 600a (55.0/1.0/42.5/1.5), R-404A, R-407A, R-407B, R-407C, R-407F, R-410A, R-410B, R417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R424A, R-428A, R-434A, R-437A, R-438A, R-507A, RS-44 (2003 formulation) January 1, 2021 Vending Machines (Retrofit) R-404A, R-507A January 1, 2021 Vending Machines (New) FOR12A, FOR12B, HFC-134a, KDD6, R125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R407C, R-410A, R-410B, R-417A, R-421A, R-422B, R422C, R-422D, R-426A, R-437A, R-438A, R-507A, RS-24 (2002 formulation), SP34E January 1, 2022 End-use Category: Foams Rigid Polyurethane and Polyisocyanurate Laminated Boardstock HFC-134a, HFC 245fa, HFC-365mfc, and blends thereof January 1, 2021 Flexible Polyurethane HFC-134a, HFC-245fa, HFC-365mfc, and blends thereof January 1, 2021 Integral Skin Polyurethane HFC-134a, HFC-245fa, HFC-365mfc, and blends thereof; Formacel TI, Formacel Z-6 January 1, 2021 Polystyrene Extruded Sheet HFC-134a, HFC-245fa, HFC-365mfc, and blends thereof; Formacel TI, Formacel Z-6 January 1, 2021 Phenolic Insulation Board and Bunstock HFC-143a, HFC-134a, HFC-245fa, HFC-365mfc, and blends thereof January 1, 2021 5/12/23 (Effective 11/11/22) - corrected 310 CMR - 250.102.76.53 Table 1: End-use and Prohibited Substances (continued) End-use Prohibited Substances Effective Date of Prohibition Rigid Polyurethane Slabstock and Other HFC-134a, HFC-245fa, HFC-365mfc and blends thereof; Formacel TI, Formacel Z-6 January 1, 2021 Rigid Polyurethane Appliance Foam HFC-134a, HFC-245fa, HFC-365mfc and blends thereof; Formacel TI, Formacel Z-6 January 1, 2021 Rigid Polyurethane Commercial Refrigeration and Sandwich Panels HFC-134a, HFC-245fa, HFC-365mfc and blends thereof; Formacel TI, Formacel Z-6 January 1, 2021 Polyolefin HFC-134a, HFC-245fa, HFC-365mfc and blends thereof; Formacel TI, Formacel Z-6 January 1, 2021 Rigid Polyurethane Marine Flotation Foam HFC-134a, HFC-245fa, HFC-365mfc and blends thereof; Formacel TI, Formacel Z-6 January 1, 2021 Polystyrene Extruded Boardstock and Billet (XPS) HFC-134a, HFC-245fa, HFC-365mfc and blends thereof; Formacel TI, Formacel B, Formacel Z-6 July 1, 2021 Rigid polyurethane (PU) high-pressure two-component spray foam HFC-134a, HFC-245fa, and blends thereof; blends of HFC365mfc with at least 4% HFC-245fa, and commercial blends of HFC-365mfc with 7% to 13% HFC-227ea and the remainder HFC-365mfc; Formacel TI January 1, 2021 Rigid PU low-pressure two-component spray foam HFC-134a, HFC-245fa, and blends thereof; blends of HFC365mfc with at least 4% HFC-245fa, and commercial blends of HFC-365mfc with 7% to 13% HFC-227ea and the remainder HFC-365mfc; Formacel TI January 1, 2021 Rigid PU one-component foam sealants HFC-134a, HFC-245fa, and blends thereof; blends of HFC365mfc with at least 4% percent HFC-245fa, and co m m e r c i a l b l e n d s of HFC-365mfc with 7% to 13% HFC-227ea and the remainder HFC-365mfc; Formacel TI January 1, 2021 5/12/23 (Effective 11/11/22) - corrected 310 CMR - 250.102.76.54 (7) Exemptions. 310 CMR 7.76(7): Table 1 lists exemptions to the prohibited substances and end-uses in 310 CMR 7.76(6). Table 1: Exemptions End-use Category Prohibited Substances Acceptable Uses 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; sprays for aerospace manufacturing and rework operations; 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; and products for removing bandage adhesives from skin. Aerosol Propellants HFC-227ea and blends of HFC-227ea and HFC 134a FDA-approved MDIs for medical purposes. Air Conditioning 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 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 (PU) spray foam All substances 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. Foams - Except Rigid polyurethane (PU) spray foam All substances 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. 5/12/23 (Effective 11/11/22) - corrected 310 CMR - 250.102.76.55 Table 1: Exemptions End-use Category Prohibited Substances Acceptable Uses Rigid polyurethane (PU) two-component spray foam All substances 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. (8) Recordkeeping. As of the effective date of prohibition for each end-use listed in 310 CMR
310 CMR 7.76(6): Table 1; | Justis AI