Md. Code Regs. 26.11.33.04

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.11.33.04 - General Requirements

A. 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.

B. Existing Products and Equipment.

(1) 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.

(2) 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.

C. Disclosure Statement.

(1) 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.

(2) 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.

(3) 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:

(a) The date of manufacture; and

(b) The refrigerant and foam blowing agent the product or equipment contains.

(4) For foam products, the disclosure shall be a label or sticker applied to product packaging that states: Where sold, compliant with State HFC regulations.

(5) For aerosol products:

(a) Each aerosol propellant product shall comply with the product-dating requirements in COMAR 26.11.32.13; and

(b) The propellant shall be listed in a Safety Data Sheet that complies with the requirements of 29 CFR § 1910.1200.

Md. Code Regs. 26.11.33.04

Regulation .04 repealed effective 45:3 Md. R. 158, eff. 2/12/2018; adopted effective 47:22 Md. R. 936, eff. 11/2/2020