Wash. Admin. Code § 173-443-030
The definitions in this section apply throughout this chapter unless the text clearly indicates otherwise.
"Aerosol propellant" means a liquid or compressed gas that is used in whole or in part, such as a cosolvent, to expel a liquid or other material from the same self-pressurized container or from a separate container.
"Air conditioning" means the process of treating air to meet the requirements of a conditioning space by controlling its temperature, humidity, cleanliness, or distribution. "Air conditioning" includes the use of chillers, except for purposes of applying a maximum GWP threshold for new air conditioning equipment under WAC 173-443-040, and the use of heat pumps.
"Air conditioning equipment" or "air conditioning system" or "air conditioning appliance" means the piece(s) of stationary equipment used to provide air conditioning. It is a combination of interconnected refrigerant-containing parts constituting one closed circuit in which a refrigerant is circulated for the purpose of extracting heat. "Air conditioning equipment" or "air conditioning system" or "air conditioning appliance" includes, but is not limited to, room air conditioners and residential and other dehumidifiers; ducted central air conditioners and heat pumps; nonducted air conditioners (both mini and multisplit); packaged roof top units; water source and ground source heat pumps; and remote condensing units used for comfort cooling. "Air conditioning equipment" or "air conditioning system" does not include mobile air conditioning systems, including those used in motor vehicles, rail and trains, aircraft, watercraft, recreational vehicles, recreational trailers, and campers. Where an air conditioning system is used for more than one application or end-use, the applicability of the prohibitions set forth in WAC 173-443-040 is determined by the application or end-use for which the majority of the operating capacity is used.
"Applicant" means:
"Automatic leak detection system" means a calibrated device using continuous monitoring for the purpose of detecting leakage of refrigerants that alerts the operator upon detection of a leak, and may be either:
"Bunstock" or "bun stock" means a large solid box-like structure formed during the production of polyurethane, polyisocyanurate, phenolic, or polystyrene insulation.
"C" means Celsius.
"Capital cost" means an expense incurred in the production of goods or in rendering services including, but not limited to, the cost of engineering, design, environmental consulting, purchase and installation of components or systems and instrumentation, contractor and construction fees, licensing fees, and financing.
"Certified reclaimer" means a person who is a certified reclaimer in accordance with 40 C.F.R. § 82.164.
"Certified refrigerant recovery or recycling equipment" has the same meaning as set forth in 40 C.F.R. § 82.152.
"Certified technician" means a person who holds a current, valid, and applicable certificate in accordance with 40 C.F.R. § 82.40 or 82.161.
"Change in ownership" means the transfer of a legal ownership interest in a facility with a refrigeration or air conditioning system that is subject to this chapter.
"Chiller" means a water or heat transfer fluid chilling equipment package custom built in place or a factory-made and prefabricated assembly of one or more compressors, condensers and evaporators, with interconnections and accessories including controls, designed for the purpose of cooling or heating water or a heat transfer fluid. A chiller is a machine specifically designed to make use of a vapor compression cycle or absorption refrigeration cycle to transfer heat from a cold water or heat transfer fluid circulating system to the air, a heat transfer fluid, or other heat exchange media. Chillers can be water-cooled, air-cooled, or evaporatively cooled. Chillers include, but are not limited to, rotary chillers, centrifugal chillers, and positive displacement chillers, including reciprocating, scroll, and screw chillers. A chiller used for air conditioning purposes is considered air conditioning equipment except for purposes of applying a GWP threshold under WAC 173-443-040, Table 2. A chiller used for refrigeration in a retail food facility is considered an indirect type of "supermarket system." A chiller used for industrial process refrigeration is considered a type of "other refrigeration" application. Where a chiller is used for more than one application or end-use, the applicability of the prohibitions set forth in WAC 173-443-040 is determined by the application or end-use for which the majority of the operating capacity is used.
"Code" means a collection of letters, numbers, graphics, or symbols that translates into a form that conveys the information provided by a dedicated or existing product label, or that can convey a user or reader to that information through electronic means (such as a QR code).
"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.
"Comfort cooling" means the air conditioning equipment used to provide cooling in order to control heat and/or humidity in occupied facilities including, but not limited to, residential, office, and commercial buildings. Comfort cooling equipment includes, but is not limited to, chillers, commercial split systems, and packaged roof-top units.
"Commercial ice machine" means a nonresidential ice machine or ice maker used in a commercial establishment to produce ice artificially for consumer use including, but not limited to, a hotel, restaurant, or convenience store.
"Commercial refrigeration" means refrigeration equipment used in the retail food and cold storage sectors. Retail food equipment includes the refrigeration equipment found in supermarkets, convenience stores, restaurants, and other food service establishments. Cold storage includes the refrigeration equipment used to store meat, produce, dairy products, and other perishable goods.
"Component" means a part of a refrigeration or air conditioning system including, but not limited to, condensing units, compressors, evaporators, and receivers; and all of its connections and subassem-blies, without which the refrigeration system will not properly function or will be subject to failures.
"Consumer" means the ultimate purchaser, recipient, or end-user of a product.
"Cumulative replacement" means the addition of or change in multiple components over time.
"Date of manufacture" means:
"Dedicated label" means a label adhered or attached to a product, or otherwise included with the product, that is designed to convey required information to the end-user of that product on the use of substances associated with that product.
"EPA" means the U.S. Environmental Protection Agency.
"Ecology" means the department of ecology.
"End-use" means processes or classes of specific applications within industry sectors including, but not limited to, those listed in WAC 173-443-040.
"Equipment" means a collection of components assembled or manufactured to function together that contains at least one product, or that is in and of itself a product.
"F" means Fahrenheit.
"Facility" means any property, plant, building structure, stationary source, stationary equipment or grouping of stationary equipment or stationary sources located on one or more contiguous or adjacent properties in actual physical contact or separated solely by a public roadway or other public right of way, and under common operational control, that includes one or more refrigeration systems subject to this chapter. Operators of military installations may classify such installations as more than a single facility based on distinct and independent functional groupings within contiguous military properties.
"Facility identification number" means a unique identification number provided by ecology for each facility with one or more refrigeration system(s) in operation pursuant to WAC 173-443-115.
"Flexible polyurethane" means a nonrigid polyurethane foam including, but not limited to, 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 that functions as a source of gas to generate bubbles or cells in the mixture during the formation of foam.
"Foam system" means a multipart liquid product that expands when mixed to form a foam.
"Follow-up verification test" means a test conducted after an initial verification test and after the system has returned to normal operating characteristics and conditions in order to confirm that the repair was successful.
"Force majeure" means a sudden and unforeseeable event involving a clear danger, demanding action to prevent or mitigate the loss of, or damage to, life, health, property, or essential public services, arising from causes beyond the control of the applicant, which delays or prevents the performance of any obligation under this chapter, despite the applicant's best efforts to fulfill the obligation. This includes events where the local government, state, or federal government issues a declaration of emergency, which can include war, natural disasters, or pandemics. This does not include financial inability to comply if the financial hardship is caused by an event that is unrelated to the force majeure event or would otherwise exist in the absence of the force majeure event.
"Full charge" means the amount of refrigerant required in the refrigerant circuit for normal operating characteristics and conditions of a refrigeration system or refrigeration equipment, as determined by using one or a combination of the following four methods:
"Global warming potential," "GWP," "global warming potential value," or "GWP value" means 100-year GWP value as it appears in WAC 173-441-040, and if not contained in WAC 173-441-040, then the GWP value means the 100-year GWP value published by the Intergovernmental Panel on Climate Change (IPCC) in its Fifth Assessment Working Group 1 Report (AR5) (IPCC, 2013).
"Heat transfer fluid" means any gas or liquid used for the purpose of transmitting heat from one place to another.
"HFCs" or "hydrofluorocarbons" means a class of greenhouse gases that are saturated organic compounds containing hydrogen, fluorine, and carbon.
"Household refrigerators and freezers" means refrigerators, refrigerator-freezers, freezers, and miscellaneous household refrigeration equipment 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" 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; with sides which are not finished and not designed to be visible after installation; and that is 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).
"Ice rink" means a frozen body of water, hardened chemicals, or both including, but not limited to, professional ice-skating rinks and those used by the general public for recreational purposes.
"Industrial process refrigeration" means to cool or heat process streams at a specific location in manufacturing and other forms of industrial processes and applications such as chemical production, pharmaceutical, and petrochemical industries. This also includes equipment used in the generation of electricity and for large scale cooling of heat sources such as data centers and data servers. Industrial process refrigeration not using a chiller is considered a type of refrigeration equipment. Industrial process refrigeration using a chiller is considered a type of other refrigeration application. Where a chiller is used for more than one application or end-use, the applicability of the prohibitions set forth in WAC 173-443-040 is determined by the application or end-use for which the majority of the operating capacity is used.
"Integral skin polyurethane" means a self-skinning polyurethane foam including, but not limited to, that used in car steering wheels and dashboards.
"Leak rate calculation" means the rate at which a refrigeration or air conditioning system is losing refrigerant, measured between refrigerant charges or inspections. The leak rate is expressed in terms of the average percentage of the system's full charge lost on a monthly basis over the previous 12 months. The leak rate must be calculated using the 12-month rolling average method as follows:
"Low temperature refrigeration system" means a commercial or industrial process refrigeration system that maintains food, beverages, or other items at temperatures at or below 32°F (0°C).
"MDI" means metered dose inhaler or medical dose inhaler.
"Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces any product that contains or uses HFCs or is an importer or domestic distributor of such a product. For purposes of WAC 173-443-065(3) and 173-443-075(3), a manufacturer is the installer of the equipment.
"Mission-critical military end-uses" means those uses of regulated substances, by an agency of the federal government responsible for national defense, that have a direct impact on mission capability, as determined by the U.S. Department of Defense including, but not limited to, uses necessary for development, testing, production, training, operation, and maintenance of armed forces deployable/expeditionary support equipment, munitions, and command and control systems.
"Mothballing" or "system mothballing" means the intentional shutting down of a refrigeration or air conditioning system for longer than 60 days by the owner or operator of the facility, where the refrigerant has been evacuated from the system or affected component, at least to atmospheric pressure.
"New air conditioning equipment" means any air conditioning equipment or system manufactured for an end-use listed in WAC 173-443-040, Table 3, that is first installed using new components, used components, or a combination of new and used components, and that is one of the following:
"New products or equipment" means products or equipment manufactured for an end-use listed in WAC 173-443-040, Table 1, that is one or more of the following:
"New refrigeration equipment" means any refrigeration equipment or system manufactured for an end-use listed in WAC 173-443-040, Table 2, that is first installed using new components, used components, or a combination of new and used components, and that is one of the following:
"Nonessential consumer products" means the following products if they are propelled by, contain, or manufactured with a chlorofluorocarbon, hydrochlorofluorocarbon, or hydrofluorocarbon:
"Nonretail foam products" means products consisting entirely of foam created solely to be an input for another product or manufacturing purpose resulting in another type of product.
"Normal operating characteristics and conditions" mean a refrigeration or air conditioning system's operating temperatures, pressures, fluid flows, speeds, and other characteristics, including full charge of the refrigeration or air conditioning system that would be expected for a given process load and ambient condition during operation.
"Offer for sale" means to make a transaction available regardless of any potential outcome. "Offer for sale" includes advertising for sale in any media such as a publication or broadcast that carries advertising including visual displays and any print/electronic forms.
"Online disclosure" means disclosing the sub-stance(s) contained or used or the compliance status of the product or equipment by ensuring that the information is available on an internet website that is accessible to the public free of charge.
"Operate" means to have operational control of the facility.
"Operator" means the person or entity having operational control of the facility.
"Other air conditioning" or "other air conditioning equipment" means any residential or nonresidential air conditioning equipment or air conditioning system not otherwise defined as a room air conditioner, residential dehumidifier, or variable refrigerant flow (VRF) system.
"Other refrigeration" or "other refrigeration equipment" means any stationary, nonresidential refrigeration equipment that is used for an application other than retail food refrigeration, cold storage, ice rinks, industrial process refrigeration that does not use a chiller, or air conditioning; or is used for two or more applications including retail food refrigeration, cold storage, ice rinks, industrial process refrigeration, or air conditioning.
"PSI" means pounds per square inch.
"Packaged terminal air conditioner" or "PTAC" means a wall sleeve and a separate unencased combination of heating and cooling assemblies specified by the builder and intended for mounting through a wall. "Packaged terminal air conditioner" includes a prime source of refrigeration, separable outdoor louvers, forced ventilation, and heating availability by builder's choice of energy.
"Packaged terminal heat pump" or "PTHP" means a packaged terminal air conditioner that utilizes reverse cycle refrigeration as its prime heat source and can have supplementary heating availability by builder's choice of energy.
"Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a county, or any subdivision or instrumentality of the state.
"Phenolic insulation board and bunstock" means phenolic insulation including, but not limited to, that used for roofing and wall insulation.
"Polyolefin" means foam sheets and tubes made of polyolefin, a macromolecule formed by the polymerization of olefin monomer units.
"Polystyrene extruded boardstock and billet (XPS)" means a foam formed from polymers of styrene 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 buoyancy or floatation. It is also 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.
"Polyurethane" means a polymer formed principally by the reaction of an isocyanate and a polyol.
"Portable air conditioner" means a portable encased assembly, other than a "packaged terminal air conditioner," "packaged terminal heat pump," or "residential dehumidifier," that delivers cooled, conditioned air to an enclosed space, and is powered by a single-phase electric current. It includes a source of refrigeration and may include additional means for air circulation and heating.
"Product" means an article manufactured or refined for sale that contains or uses a substitute.
"Prohibited substance" means a regulated refrigerant or a substitute that is prohibited from being used by or contained in products or equipment manufactured for end-uses described in WAC 173-443-040, Table 1 through Table 4.
"Refrigerant" or "refrigerant gas" means any substance, including blends and mixtures, which is used for heat transfer purposes and provides a warming or cooling effect.
"Refrigerant blend" means a mixture or combination of two or more single-component refrigerants.
"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, but not limited to, chilled and frozen beverages, ice cream, and whipped cream. This end-use excludes water coolers, or units designed solely to cool and dispense water.
"Refrigeration equipment" or "refrigeration system" or "refrigeration appliance" means any stationary device that is designed to contain and use a refrigerant. It is a combination of interconnected refrigerant-containing parts constituting one closed refrigerant circuit in which a refrigerant is circulated for the purpose of extracting heat. "Refrigeration equipment" or "refrigeration system" includes refrigeration equipment used in retail food, cold storage, industrial process refrigeration and cooling that does not use a chiller, ice rinks, and other refrigeration applications.
"Remote condensing unit" means refrigeration equipment or units that have a central condensing portion and may consist of one or more compressors, condensers, and receivers assembled into a single unit, which may be located external to the sales area. The condensing portion (and often other parts of the system) is located outside the space or area cooled by the evaporator. Remote condensing units are commonly installed in convenience stores, specialty shops (e.g., bakeries, butcher shops), supermarkets, restaurants, and other locations where food is stored, served, or sold.
"Residential dehumidifier" means a residential air conditioning system, other than a room air conditioner, that is a self-contained, electrically operated, portable, and mechanically encased assembly consisting of:
"Retail foam products" means products consisting entirely of foam that are created for the purpose of selling or otherwise providing that product in a finished state that does not involve any additional manufacturing or refinement.
"Retail food refrigeration" means refrigeration that uses equipment designed to store and display chilled or frozen goods for commercial sale or use including, but not limited to, stand-alone units, refrigerated food processing and dispensing equipment, remote condensing units, and supermarket systems.
"Retrofit" means to convert an appliance from one refrigerant to another refrigerant. Retrofitting includes the conversion of the appliance to achieve system compatibility with the new refrigerant and may include, but is not limited to, changes in lubricants, gaskets, filters, driers, valves, o-rings, or appliance components. For purposes of WAC 173-443-040 through 173-443-075, "retrofit" refers to an appliance or equipment that has undergone a retrofit.
"Rigid polyurethane and polyisocyanurate laminated boardstock" means laminated board insulation made with polyurethane or polyisocya-nurate foam, including that used for roofing and walls.
"Rigid polyurethane appliance foam" means polyurethane foam in domestic appliances used for insulation.
"Rigid polyurethane commercial refrigeration and sandwich panels" means polyurethane foam used to provide insulation in walls and doors, including that used for commercial refrigeration equipment, and used in doors, including garage doors.
"Rigid polyurethane high-pressure two-component spray foam" means a liquid polyurethane foam system sold as two parts (i.e., A-side and B-side) in nonpressurized containers; and is field or factory applied in situ using high-pressure proportioning pumps at 800 - 1600 psi and an application gun to mix and dispense the chemical components.
"Rigid polyurethane low-pressure two-component spray foam" means a liquid polyurethane foam system sold as two parts (i.e., A-side and B-side) in containers that are pressurized to less than 250 psi during manufacture of the system for application without pumps; and are typically applied in situ relying upon a liquid blowing agent and/or gaseous foam blowing agent that also serves as a propellant.
"Rigid polyurethane marine flotation foam" means buoyancy or flotation polyurethane foam used in boat and ship manufacturing for both structural and flotation purposes.
"Rigid polyurethane one-component foam sealants" means a polyurethane foam generally 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 polyurethane foam formed into slabstock insulation for panels and fabricated shapes for pipes and vessels.
"Room air conditioner" includes window units, wall units, packaged terminal air conditioners (PTACs), packaged terminal heat pumps (PTHPs), and portable air conditioners.
"Small business" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned or operated independently from all other businesses, and that has 50 or fewer employees.
"Small container of refrigerant" means a container having more than two ounces and less than two pounds of a refrigerant that is designed or intended for consumer recharge of a motor vehicle air conditioning (MVAC) system or consumer appliance.
"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. These systems are fully charged with refrigerant at the factory and typically require only an electricity supply to begin operation.
"Stationary" means the system is:
"Substitute" means a chemical, product substitute, or alternative manufacturing process, whether existing or new, that is used to perform a function previously performed by a class I substance or class II substance and any substitute subsequently adopted to perform that function including, but not limited to, hydrofluorocarbons. "Substitute" does not include 2-BTP or any compound as applied to its use in aerospace fire extinguishing systems.
"Sufficient disclosure" means providing the name of the substance.
"Supermarket systems" means multiplex or centralized retail food refrigeration equipment systems designed to cool or refrigerate, which operate with racks of compressors installed in a machinery room and which includes both direct and indirect systems.
"Symbol" means a graphical or hybrid word-graphical symbol for the purposes of conveying the types of substitutes used in the product or equipment and signaling that further information on the use of substitutes is available through online disclosure.
"System identification number" means a unique identification number for each refrigeration or air conditioning system at a facility. The system identification number is comprised of the facility identification number followed by a three-digit number starting at 001 and sequentially assigned to each unique refrigeration or air conditioning system.
"Unit" means a collection of like products bundled together for purposes of commerce.
"Unit label" means a label adhered or attached, or capable of being adhered or attached, to a collection of like products bundled together for purposes of commerce.
"Use" means any utilization of a compound or substance including, but not limited to, utilization in a product in Washington, consumption by the end-user in the state of Washington, or in intermediate applications in the state of Washington, such as formulation or packaging for other subsequent applications.
"Variable refrigerant flow (VRF) system" means an engineered direct expansion (DX) multisplit system incorporating the following: A split system air conditioner or heat pump incorporating a single refrigerant circuit that is a common piping network to two or more indoor evaporators each capable of independent control, or compressor units. "VRF systems" contain a single module outdoor unit or combined module outdoor units with at least one variable capacity compressor that has three or more stages, with air or water as the heat source. This includes "variable refrigerant volume (VRV) systems."
"Vending machine" means a self-contained unit that dispenses goods that must be kept cold or frozen.
"Verification test" means a leak test conducted after a repair is finished to verify that a leak has been repaired.
"Very low temperature refrigeration or cooling" means a refrigeration or cooling system that maintains temperatures below -58°F (-50°C) including, but not limited to, medical and laboratory freezers, specialized industrial process cooling applications, and extreme temperature environmental testing.
Wash. Admin. Code § 173-443-030