This chapter applies to any person who sells, offers for sale, leases, rents, installs, uses, or manufactures in the State any substance for use in an end-use listed in Regulation .03 of this chapter or any product or equipment using such a substance. In this chapter, the following terms have the meanings indicated. Terms Defined. “Aerosol propellant” means a compressed gas that serves to dispense the contents of an aerosol container when the pressure is released. “Air conditioning equipment” means chillers, both centrifugal chillers and positive displacement chillers, intended for comfort cooling of occupied spaces. “Bunstock” or “bun stock” means a large solid block-like structure formed during the production of polyurethane, polyisocyanurate, phenolic, or polystyrene insulation. “Capital cost” means an expense incurred in the production of goods or in rendering services, including the cost of engineering, purchase, and installation of components or systems, and instrumentation, and contractor and construction fees. Centrifugal Chiller. “Centrifugal chiller” means air conditioning equipment that utilizes a centrifugal compressor in a vapor-compression refrigeration cycle typically used for commercial comfort air conditioning. “Centrifugal chiller” does not include cooling for industrial process cooling and refrigeration. “Cold storage warehouse” means a cooled facility designed to store meat, produce, dairy products, and other products that are delivered to other locations for sale to the ultimate consumer. “Component” means: A part of a refrigeration system, including condensing units, compressors, condensers, evaporators, and receivers; and All of a refrigeration system’s connections and subassemblies, without which the refrigeration system will not properly function or will be subject to failures. “Cumulatively replaced” means the addition of or change in multiple components within a 3-year period. “Effective date” or “effective date of prohibition” means the date of manufacture after which the prohibitions provided in Regulation .03B of this chapter go into effect. ‘‘End-use’’ means processes or classes of specific applications within industry sectors, including those listed in Regulation .03B of this chapter. “Flexible polyurethane” means a non-rigid synthetic foam containing polymers created by the reaction of isocyanate and polyol, including that used in furniture, bedding, and chair cushions. “Foam” means a product with a cellular structure formed via a foaming process in a variety of materials that undergo hardening via a chemical reaction or phase transition. “Foam blowing agent” means a substance used to produce foam. Household Refrigerators and Freezers. “Household refrigerators and freezers” means refrigerators, refrigerator-freezers, freezers, and miscellaneous household refrigeration appliances intended for residential use. “Household refrigerators and freezers” does not include household refrigerators and freezers — compact or household refrigerators and freezers — built-in. Household Refrigerators and Freezers — Built-In. “Household refrigerators and freezers — built-in” means any refrigerator, refrigerator-freezer or freezer intended for residential use with 7.75 cubic feet or greater total volume and 24 inches or less depth not including doors, handles, and custom front panels. “Household refrigerators and freezers — built-in” contain sides which are not finished and not designed to be visible after installation. “Household refrigerators and freezers — built-in” are designed, intended, and marketed exclusively to be: Installed totally encased by cabinetry or panels that are attached during installation; Securely fastened to adjacent cabinetry, walls, or floor; and Equipped with an integral factory-finished face or accept a custom front panel. “Household refrigerators and freezers — compact” means any refrigerator, refrigerator-freezer or freezer intended for residential use with a total refrigerated volume of less than 7.75 cubic feet (220 liters). “Hydrofluorocarbons (HFCs)” means a class of greenhouse gases that are saturated organic compounds containing hydrogen, fluorine, and carbon. “Integral skin polyurethane” means a synthetic self-skinning foam containing polyurethane polymers formed by the reaction of an isocyanate and a polyol, such as that used in car steering wheels and dashboards. “Manufacturer” means any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces any product that contains or uses hydrofluorocarbons or is an importer or domestic distributor of such a product. “Medical dose inhaler”, “Metered dose inhaler” or “MDI” means a device that: Delivers a measured amount of medication as a mist that a patient can inhale, typically used for bronchodilation to treat symptoms of asthma, chronic obstructive pulmonary disease (COPD), chronic bronchitis, emphysema, and other respiratory illnesses; and Consists of a pressurized canister of medication in a case with a mouthpiece. “Miscellaneous residential refrigeration appliance” means a residential refrigeration appliance smaller than a refrigerator, refrigerator-freezer, or freezer, including coolers, cooler compartments, and combination cooler refrigeration or cooler freezer products. “Motor-bearing” means refrigeration equipment containing motorized parts, including compressors, condensers, and evaporators. “New” means products or equipment: That are manufactured after the effective date of this chapter; First installed for an intended purpose with new or used components after the effective date of this chapter; Expanded after the effective date of this chapter, to handle an expanded cooling load by the addition of components in which the capacity of the system is increased, including refrigerant lines, evaporators, compressors, and condensers; or Replaced or cumulatively replaced after the effective date of this chapter such that the capital cost of replacing or cumulatively replacing components after the effective date of this chapter exceeds 50 percent of the capital cost of replacing the whole system. “Person” means any individual, firm, association, organization, manufacturer, distributor, partnership, business trust, corporation, limited liability company, company, state, or local governmental agency or public district. “Phenolic insulation board” means phenolic insulation including that used for roofing and wall insulation. “Polyolefin” means foam sheets and tubes made of polyolefin. “Polystyrene extruded boardstock and billet (XPS)” means a foam formed from predominantly styrene monomer 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” means polystyrene foam, including that used for packaging and made into food-service items, including hinged polystyrene containers (for “take-out” from restaurants), food trays (meat and poultry), plates, bowls, and retail egg containers. Positive Displacement Chiller. “Positive displacement chiller” means vapor compression cycle chillers that use positive displacement compressors, typically used for commercial comfort air conditioning. “Positive displacement chiller” does not include cooling for industrial process cooling and refrigeration. “Refrigerant” or “refrigerant gas” means any substance, including blends and mixtures, which is used for heat transfer purposes. Refrigerated Food Processing and Dispensing Equipment. “Refrigerated food processing and dispensing equipment” means retail food refrigeration equipment that is designed to process food and beverages dispensed via a nozzle that are intended for immediate or near-immediate consumption, including chilled and frozen beverages, ice cream, and whipped cream. “Refrigerated food processing and dispensing equipment” does not include water coolers or units designed solely to cool and dispense water. “Refrigeration equipment” means any stationary device that is designed to contain and use refrigerant gas, including commercial refrigeration equipment, household refrigeration equipment, and cold storage warehouses. “Remote condensing units” means retail refrigeration equipment or units that: Have a central condensing portion, and other parts of the system, located outside the space or area cooled by an evaporator; May consist of compressor(s), condenser(s), and receiver(s) assembled into a single unit, which may be located external to the sales area; and Are commonly installed in convenience stores, specialty shops (for example, bakeries, butcher shops), supermarkets, restaurants, and other locations where food is stored, served, or sold. Residential Use. “Residential use” means use by a private individual of a substance, or a product containing the substance, in or around a permanent or temporary household, during recreation, or for any personal use or enjoyment. “Residential use” does not include use within a household for commercial or medical application, or in automobiles, watercraft, or aircraft. “Retail food refrigeration” or “commercial refrigeration” means equipment designed to store and display chilled or frozen goods for commercial sale including stand-alone units, refrigerated food processing and dispensing equipment, remote condensing units, supermarket systems, and vending machines. Retrofit. “Retrofit” means to convert an appliance from one refrigerant to another refrigerant. “Retrofit” includes the conversion of the appliance to achieve system compatibility with the new refrigerant and may include changes in lubricants, gaskets, filters, driers, valves, o-rings, or appliance components. “Rigid polyurethane and polyisocyanurate laminated boardstock” means laminated board insulation made with polyurethane or polyisocyanurate foam, including that used for roofing and wall insulation. “Rigid polyurethane appliance foam” means polyurethane insulation foam in household appliances. “Rigid polyurethane commercial refrigeration and sandwich panels” means polyurethane insulation for use in walls and doors, including that used for commercial refrigeration equipment and garage doors. “Rigid polyurethane high-pressure two-component spray foam” means a foam product that: Is pressurized 800 — 1600 pounds per square inch (psi) during manufacture; Is sold in pressurized containers as two parts (that is, A-side and B-side); Is blown and applied in situ using high-pressure pumps to propel the foam components; and May use liquid blowing agents without an additional propellant. “Rigid polyurethane low-pressure two-component spray foam” means a foam product that: Is pressurized to less than 250 psi during manufacture; Is sold in pressurized containers as two parts (that is, A-side and B-side); and Is typically applied in situ relying upon a gaseous foam blowing agent that also serves as a propellant so pumps typically are not needed. “Rigid polyurethane marine flotation foam” means buoyancy or flotation foam used in boat and ship manufacturing for both structural and flotation purposes. “Rigid polyurethane one-component foam sealants” means a foam 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” means a rigid closed-cell foam containing urethane polymers produced by the reaction of an isocyanate and a polymer and formed into slabstock insulation for panels and fabricated shapes for pipes and vessels. “Stand-alone low-temperature unit” means a stand-alone unit that maintains food or beverages at temperatures at or below 32°F (0°C). “Stand-alone medium-temperature unit” means a stand-alone unit that maintains food or beverages at temperatures above 32°F (0°C). “Stand-alone unit” means retail refrigerators, freezers, and reach-in coolers (either open or with doors) where all refrigeration components are integrated and, for the smallest types, the refrigeration circuit is entirely brazed or welded, and all are fully charged with refrigerant at the factory and typically requires only an electricity supply to begin operation. “Substance” means any chemical intended for use in the end-uses listed in Regulation .03B of this chapter. “Supermarket systems” means multiplex or centralized retail food refrigeration equipment systems designed to cool or refrigerate, which typically operate with racks of compressors installed in a machinery room and which includes both direct and indirect systems. Use. “Use” means any utilization of a compound or any substance, including utilization in a manufacturing process or product in the State, consumption by the end-user in the State, or in intermediate applications in the State, such as formulation or packaging for other subsequent applications. “Use” includes manufacturing for the purpose of residential use. “Use” does not include residential use. “Vending machines” means self-contained commercial food refrigeration equipment that dispense goods that must be kept hot, cold or frozen. The table under §B of this regulation lists prohibited substances in specific end-uses and the applicable effective date of prohibition, unless an exemption is provided for in §C of this regulation. The prohibitions do not apply to products or equipment manufactured for listed end-uses prior to an applicable effective date. Table 1 — End-Use and Prohibited Substances. Table 2 — HFC Prohibition Exemptions. The following table lists exemptions to the prohibitions in §B of this regulation. No person may sell, lease, rent, install, use, or manufacture in the State, any product or equipment if it consists of, uses, or will use a listed substance for use in an end-use listed in Regulation .03B of this chapter, unless an exemption is listed in Regulation .03C of this chapter. Existing Products and Equipment. Except where an existing system is retrofitted, nothing in this chapter requires a person that acquired a product or equipment containing a prohibited substance prior to the effective date of the prohibition in Regulation .03B of this chapter to cease use of that product or equipment. Products or equipment manufactured prior to the applicable effective date of the restrictions specified in Regulation .03B of this chapter (including spray foam systems not yet applied on-site) may be sold, imported, exported, distributed, installed, and used after the specified date of prohibition. Disclosure Statement. Except for acceptable uses as listed in Regulation .03C of this chapter, as of the effective date listed in Regulation .03B of this chapter, any person who manufactures for sale, lease, rent, install, or use products or equipment in the air-conditioning, refrigeration, foam, or aerosol propellant end-uses listed in Regulation .03 of this chapter, shall provide a written disclosure to the buyer. For motor-bearing refrigeration and air-conditioning equipment that is not factory-charged or pre-charged with a refrigerant, the disclosure or label shall 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.” Except for products and equipment with existing labeling required by State building codes and safety standards which contain the information required in this subsection, the disclosure or label for refrigeration and air-conditioning equipment that are factory-charged or pre-charged with a refrigerant shall include: The date of manufacture; and The refrigerant and foam blowing agent the product or equipment contains. For foam products, the disclosure shall be a label or sticker applied to product packaging that states: “Where sold, compliant with State HFC regulations.” For aerosol products: Each aerosol propellant product shall comply with the product-dating requirements in COMAR 26.11.32.13; and The propellant shall be listed in a Safety Data Sheet that complies with the requirements of 29 CFR §1910.1200. Any person who manufactures for sale, lease, rent, install, or use products or equipment that contain or use a substance listed in Regulation .03B of this chapter for specific end-uses listed in Regulation .03B of this chapter, shall follow the reporting requirements as specified in §§B and C of this regulation. Initial Notification. Within 90 days of the effective date of this chapter, each manufacturer shall provide the Department an initial status notification of the status of products or equipment within each end-use listed in Regulation .03B of this chapter that uses or is designed to use substances listed in Regulation .03B of this chapter. The initial status notification according to §B(1) of this regulation shall include: Contact information for the manufacturer; The name of the party authorized to represent the manufacturer for purposes of providing initial status notifications and status updates; All end-use categories that are applicable to the manufacturer; Which refrigerant, aerosol propellant, or foam blowing agent is being used by products within each end-use applicable to the manufacturer; and The signature and certification of the authorized representative for the manufacturer. Status Update Notification. Manufacturers shall follow the requirements in §B of this regulation annually until products or equipment within each end-use listed in Regulation .03B of this chapter cease use of substances listed in Regulation .03B of this chapter. Manufacturers subject to this regulation shall notify the Department in writing when products or equipment within each end-use listed in Regulation .03B of this chapter cease use of substances listed in Regulation .03B of this chapter. As of the effective date of this chapter, any person who manufactures for sale, lease, rent, install, or use products or equipment in the end uses listed in Regulation .03B of this chapter shall maintain for 3 years a copy of the following records, where applicable: The date of manufacture of the equipment or product; The refrigerant, aerosol propellant, and foam blowing agent(s) blend that the equipment or product is designed to use; The refrigerant, aerosol propellant, and foam blowing agent(s) in the equipment or product; and A copy of the disclosure statement, label, or sticker issued to the buyer or recipient. Any person who manufactures any product or equipment in the end uses listed in Regulation .03B of this chapter, shall make available, upon request, a copy of the records in §A of this regulation. Authority: Environment Article, §§1-404, 2-103, 2-301—303, 2-1202, and 2-1205, Annotated Code of Maryland Effective date: November 2, 2020 (47:22 Md. R. 936)