7 Del. Admin. Code § 1151-4.0

Current through Register Vol. 28, No. 1, July 1, 2024

Section 1151-4.0 - Standards (Requirements)

4.1 Prohibitions

4.1.1 No person may sell, lease, rent, install, use or manufacture in the State of Delaware, any product or equipment using a listed substance for any air conditioning, refrigeration, foam, or aerosol propellant end-use listed as prohibited in Section 6.0, and not exempt by Section 7.0.

4.1.2 Except where an existing system is retrofit, nothing in this regulation requires a person that acquired a product or equipment containing a prohibited substance prior to an effective date of the prohibition in Section 6.0 to cease use of that product or equipment.

4.1.3 This regulation does not prevent the use of a prohibited substance in the servicing, maintenance and repair operations of an existing product or equipment in an end-use listed in Section 6.0, which contains or was designed to contain a prohibited substance, except if the operations constitute a retrofit or reclassifies the system as new.

4.1.4 Products or equipment manufactured prior to the applicable effective date of the restrictions specified in Table 1 of subsection 6.1.1 (including foam systems not yet applied) may be sold, imported, exported, distributed, installed, and used after the specified date of prohibition.

4.2 Disclosure Statement

4.2.1 As of the effective date of prohibition, any person who manufactures for sale in the State of Delaware, products or equipment in the air conditioning, refrigeration, foam, or aerosol propellant end-uses listed as prohibited in Section 6.0, must provide a written disclosure to the buyer, as follows:

4.2.1.1 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."

4.2.1.2 Except for products and equipment with existing labeling required by state building codes and safety standards which contain the information required in subsections 4.2.1.2.1 and 4.2.1.2.2, the disclosure or label for refrigeration and air-conditioning equipment that are factory-charged or pre-charged with a hydrofluorocarbon or hydrofluorocarbon blend should include:

4.2.1.2.1 The date of manufacture; and

4.2.1.2.2 The refrigerant and foam blowing agent the product or equipment contains.

4.2.1.3 For foam products, the disclosure or label should include one of the two alternatives (Alternative 1 or Alternative 2) detailed below:

4.2.1.3.1 Alternative 1

4.2.1.3.1.1 The date of manufacture; and

4.2.1.3.1.2 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.

4.2.1.3.2 Alternative 2

4.2.1.3.2.1"Where sold, compliant with State HFC regulations."

4.2.1.4 For aerosol propellants, the disclosure or label should include one of the two alternatives (Alternative 1 or Alternative 2) detailed below:

4.2.1.4.1 Alternative 1

4.2.1.4.1.1 The date of manufacture or a date code representing the date, shall be 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 to the Department; and

4.2.1.4.1.2 The aerosol propellant the product contains, or a reference to a Safety Data Sheet (complying with 29 CFR 1910.1200 requirements), if the latter identifies the propellant the product contains.

4.2.1.4.2 Alternative 2

4.2.1.4.2.1"Where sold, compliant with State HFC regulations."

7 Del. Admin. Code § 1151-4.0

24 DE Reg. 876 (3/1/2021) (final)