Prohibitions on the Use of Certain Hydrofluorocarbons (310 CMR 7.76)

Massachusetts is phasing in bans on certain hydrofluorocarbons (HFCs) in aerosol propellants, chillers, foam, and stationary refrigeration end-uses through January 2024.

Overview

In December 2020, MassDEP issued a new regulation (310 CMR 7.76) that prohibits the use of certain hydrofluorocarbons (HFCs) in refrigeration equipment, air conditioning chillers, aerosol propellants, and foams that are manufactured or used in Massachusetts.

Prohibited uses include selling, leasing, renting, offering for sale, installing, or manufacturing HFC-containing products and equipment in specific end uses. The regulation does not require currently functioning equipment to be replaced or altered. Prohibitions phase in between January 1, 2021, and January 1, 2024, based on the end-use sector.

See Additional Resources below to learn more.

Additional Resources

Frequently Asked Questions: 310 CMR 7.76

Fact Sheet: 310 CMR 7.76

310 CMR 7.76: Prohibitions on Use of Certain Hydrofluorocarbons

310 CMR 7.76: Background Document

310 CMR 7.76: Response to Comments

Requirements

For each end-use listed in 310 CMR 7.76(6): Table 1, products and equipment containing the listed HFCs cannot be manufactured, used, sold, leased, rented, or offered for sale in Massachusetts after the applicable date of prohibition.

• Warehousing, distribution, and transport of HFC-containing products and equipment for use in other states is not prohibited under 310 CMR 7.76.

Existing equipment that contains prohibited substances can continue to be used and serviced unless it is retrofitted (defined as changing the refrigerant used), expanded to increase system capacity, or cumulatively replaced on or after the effective date of prohibition such that the cumulative capital cost exceeds 50 percent of the capital cost of replacing the whole system.

Manufacturers of applicable equipment must provide a disclosure statement to end-users.

• The disclosure must include the date of manufacture, or a date code representing the date, and the refrigerant, aerosol propellant, or foam blowing agent the product or equipment contains.
• Manufacturers using a date code to comply with the disclosure requirements must submit an explanation of each code via email to [e-mail]. Date code explanations should be submitted by January 31 of the year in which the prohibition for that end-use takes effect. For example, a manufacturer in an end-use with a prohibition date of January 1, 2022, should submit its date code explanation by January 31, 2022.

Manufacturers of covered products and equipment must maintain records for five years.