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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 145. Regulations for Control of Greenhouse Gases
8/15/2022

9VAC5-145-140. Labeling and administrative requirements.

A. As of January 1, 2022, except for acceptable uses listed in Appendix U and Appendix V of Subpart G of 40 CFR Part 82, as those read on January 3, 2017, any person that manufactures for sale or entry into commerce in the Commonwealth of Virginia, products or equipment in the air-conditioning, refrigeration, foam, or aerosol propellant end-uses listed in those appendices, shall provide a written disclosure to the buyer.

1. For motor-bearing refrigeration and air-conditioning equipment that is neither factory-charged nor pre-charged with refrigerant, the required 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."

2. Except for products and equipment with existing labeling required by state building codes and safety standards that contain the information required in subdivisions 2 a and 2 b of this subsection, for refrigeration and air-conditioning equipment that are factory-charged or pre-charged with a hydrofluorocarbon or hydrofluorocarbon blend the required disclosure or label shall include:

a. The date of manufacture; and

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

3. For foam products, the disclosure or label shall include one of the following alternatives:

a. The date of manufacture and either:

(1) Identification of the foam blowing agent that the product contains; or

(2) A reference to a Safety Data Sheet (complying with 29 CFR 1910.1200 requirements), provided that the Safety Data Sheet identifies the foam blowing agent the product contains; or

b. The statement "Where sold, compliant with state HFC regulations."

4. For aerosol propellants, the disclosure or label shall include one of the following alternatives:

a. The date of manufacture and either:

(1) Identification of the aerosol propellant that the product contains; or

(2) A reference to a Safety Data Sheet (complying with 29 CFR 1910.1200 requirements), provided that the Safety Data Sheet identifies the propellant that the product contains; or

b. The statement "Where sold, compliant with state HFC regulations."

B. If not combined with a written disclosure statement required by another jurisdiction, the written disclosure shall include the following statement signed by an authorized representative of the manufacturer: "I certify under penalty of law that the statements and information submitted in this document are to the best of my knowledge and belief true, accurate, and complete."

C. The manufacturer may substitute a date code representing the date of manufacture for the date of manufacture required in subsection A of this section.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 37, Issue 20, eff. June 1, 2021.

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