Hydrofluorocarbons (HFCs) are powerful manmade greenhouse gases. They were developed as an alternative to ozone depleting substances (ODS) for use in the refrigeration, fire suppression, aerosol, air conditioning and foam blowing sectors. HFCs have a global warming potential that is hundreds to thousands of times more powerful than CO2.

On April 23, 2021 the Virginia State Air Pollution Control Board approved a final regulation, 9VAC5 Chapter 145, prohibiting the use of certain HFCs in specific end uses within the Commonwealth of Virginia.  The regulation became effective on June 1, 2021.  Pursuant to Item 378 of the 2020 Virginia State Budget, the regulation was crafted by DEQ in cooperation with a stakeholder work group that included members of industry and non-governmental organizations.  The regulation prohibits the sale, lease, rent, installation or entry into commerce in Virginia of any products or equipment that use or will use HFCs for the applications and end uses restricted by Appendix U and Appendix V of Subpart G of 40 C.F.R. Part 82, as those read on January 3, 2017.  

The EPA Significant New Alternatives Policy (SNAP) Program Fact Sheets 20 and 21 list various HFCs and HFC-containing blends that were previously listed as acceptable alternatives under the EPA SNAP Program as unacceptable in various end-uses in the aerosols, foam blowing, fire suppressant and refrigeration and air conditioning sectors where other alternatives are available or potentially available that pose lower overall risk to human health and the environment. Note that only HFCs are included in the Virginia regulation and that any date listed that is prior to January 1, 2022 is equivalent to January 1, 2022 in the Virginia regulation.

Exemptions

These regulations do not prohibit the use of HFCs in the manufacturing process by extruded polystyrene boardstock and billet manufacturers located in Virginia to produce products for sale and distribution outside of the Commonwealth (see 9VAC5-45-130). The sell-through of products manufactured prior to the effective date is allowed. This regulation applies to new or retrofitted equipment only. In addition, it 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.

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 propellant in metered dose inhalers;
  • Defense sprays;
  • Structural composite preformed polyurethane foam for marine use and trailer use;
  • The etching of semiconductor material or wafers and the cleaning of chemical vapor deposition chambers within the semiconductor manufacturing sector;
  • Mission-critical military end-uses, such as armored vehicle engine and shipyard fire suppression systems and systems used in deployable and expeditionary applications; and
  • Onboard aerospace fire suppression.

What does the regulation do?

  • Changes the status of certain HFCs now that safer alternatives are available
  • Lists as acceptable subject to use conditions, list as unacceptable, and changes the status of several substances
  • Applies unacceptable listings for foam blowing agents to closed-cell foam products
  • Clarifies status of acceptable fire suppression alternative

Which industrial sectors are included?

  • Aerosols
  • Refrigeration & Air Conditioning
  • Foam Blowing
  • Fire Suppression & Explosion Protection

Who is affected?

  • Chemical producers, some manufacturers and some end users of equipment and products using aerosol propellants, refrigerants, fire suppressants and foam blowing agents

When?

  • Starting January 1, 2022


FAQ's

Q. Are data centers considered industrial sources?
A. Yes, data centers are in the industrial source category.  The definitions in 9VAC5-145-110 C. for "Centrifugal Chiller" and "Positive Displacement Chiller" both preclude cooling for industrial process cooling and refrigeration. As such, centrifugal and positive displacement chillers are exempt from the VA HFC rule for industrial cooling processes due to the definition.

Q. The federal regulations recently published are less strict than the Virginia regulation.  Does Virginia have a plan to conform to recent Federal regulations?
A. The General Assembly has not adopted any changes to 9VAC5 Chapter 145. 

Q. Our facility has refrigerators, vending machines, and aerosols.  Do we need to buy new products now or is there a grace period? 
A. 9 VAC5 Chapter 145 applies to new product or equipment only, see 9VAC5-145-100 B.  All existing products and equipment manufactured prior to January 1, 2022, can be used and/or serviced.  Also please note that effective date of the prohibitions in Appendix U and Appendix V of Subpart G of 40 CFR Part 82, as those read on January 3, 2017, are January 1, 2022, unless a later effective date is specified in those appendices or in 9VAC5-145-130.

Q. Do the regulations cover ships docked for repair in Virginia?
A.  No, our HFC regulations do not cover mobile sources.

Q. Can I continue to use my chiller that contains a banned HFC?
A. The regulations apply only to new equipment that is manufactured after the effective ban date.  Existing equipment can continue to be serviced with HFCs without violating the VA regulations provided supply is available.  HFC-containing equipment can be installed provided it is manufactured prior to the date of the ban.