310 CMR 7.76(6)
Table 1;
(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