APPROVED CHAPTER
JUNE 14, 2021 192
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
H.P. 161 - L.D. 226
An Act To Limit the Use of Hydrofluorocarbons To Fight Climate Change
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1612 is enacted to read:
§1612. Hydrofluorocarbon use restrictions
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Aerosol propellant" means a liquefied or compressed gas, including, but not
limited to, a cosolvent that is used in whole or in part to expel a liquid or other material
from a self-pressurized container containing that liquid or other material or from a
separate container.
B. "Air conditioning equipment" means chillers used exclusively for the comfort
cooling of occupied spaces.
C. "Built-in household refrigerator or freezer" means a refrigerator, refrigerator-
freezer or freezer designed for residential use that:
(1) Has 7.75 cubic feet, or 220 liters, or greater total refrigerated volume and 24
inches or less depth not including doors, handles and custom front panels;
(2) Has sides that are not finished and are not designed to be visible after
installation;
(3) Is designed, intended and marketed exclusively to be installed completely
encased by cabinetry or panels that are attached during installation and securely
fastened to adjacent cabinetry, walls or flooring; and
(4) Is equipped with an integral factory-finished face or that accepts a custom front
panel.
D. "Capital cost" means an expense incurred in the production of goods or in the
rendering of services, including, but not limited to, the cost of engineering; the cost of
the purchase and installation of components or systems and instrumentation; and
contractor and construction fees.
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E. "Centrifugal chiller" means air conditioning equipment that uses a centrifugal
compressor in a vapor-compression refrigeration cycle and is designed for comfort
cooling. "Centrifugal chiller" does not include air conditioning equipment used for
industrial process cooling and refrigeration.
F. "Cold storage warehouse" means a cooled facility designed to store meat, produce,
dairy products and other products prior to the delivery of those products to other
locations for sale to the ultimate consumer.
G. "Compact household refrigerator or freezer" means a refrigerator, refrigerator-
freezer or freezer designed for residential use that has a total refrigerated volume of
less than 7.75 cubic feet or 220 liters.
H. "Component" means a part of a refrigeration system, including, but not limited to,
a condensing unit, compressor, condenser, evaporator or receiver and all of the
refrigeration system's connections and subassemblies without which the refrigeration
system would not properly function or would be subject to failure.
I. "End use" means a process or class of specific applications within an industry sector.
J. "Flexible polyurethane" means a nonrigid synthetic foam containing polymers of
urethane radicals, including, but not limited to, foam used in furniture, bedding, chair
cushions and shoe soles.
K. "Foam" means a product with a cellular structure, or a substance used to produce a
product with a cellular structure formed via a foaming process, including materials that
undergo hardening via chemical reaction or phase transition.
L. "Heat pump" means a device designed for the comfort heating or cooling of
residential or commercial spaces, whether air sourced, water sourced or ground
sourced, including, but not limited to, a mini-split heat pump. “Heat pump” does not
include air conditioning equipment.
M. "Household refrigerator or freezer" means a refrigerator, refrigerator-freezer,
freezer or miscellaneous residential refrigeration appliance that is designed for
residential use. "Household refrigerator or freezer" does not include a compact
household refrigerator or freezer or a built-in household refrigerator or freezer.
N. "Integral skin polyurethane" means a self-skinning polyurethane foam, including,
but not limited to, foam used in automobile steering wheels and dashboards.
O. "Light duty vehicle" has the same meaning as "car" or "light duty truck" as defined
in Title 5, section 1812-E.
P. "Metered dose inhaler" means a device that delivers a measured amount of
medication as a mist that an individual can inhale and that consists of a pressurized
canister of medication in a case with a mouthpiece.
Q. "Miscellaneous residential refrigeration appliance" means a residential refrigeration
appliance that is smaller than a refrigerator, refrigerator-freezer or freezer and that is
designed for residential use, including, but not limited to, a cooler, a cooler
compartment and a combination cooler-refrigeration or cooler-freezer product.
R. "New" means, with regard to a product or equipment:
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 (1) A product or equipment that is manufactured after the date of an applicable
prohibition under subsection 2; or
(2) Equipment that is substantially expanded or modified after the date of an
applicable prohibition under subsection 2 such that the capital cost of the expansion
or modification exceeds 50% of the cost of replacing the entire system of which
that equipment is a part.
S. "Phenolic insulation board" means phenolic insulation, including, but not limited
to, insulation used for roofing and walls.
T. "Phenolic insulation bunstock" means phenolic insulation that is a large solid box-
like structure that can be cut into specific custom lengths and shapes.
U. "Polyolefin" means foam sheets and tubes made of polyolefin.
V. "Polystyrene extruded boardstock and billet" means a foam formed from styrene
polymers that is produced on extruding machines in the form of continuous foam slabs
that can be cut and shaped into panels to be used for insulation of roofing, walls,
flooring and pipes.
W. "Polystyrene extruded sheet" means polystyrene foam including foam used for
packaging and buoyancy or flotation, including, but not limited to, foam made into
food-service items, such as hinged polystyrene containers, food trays, plates, bowls and
retail egg containers.
X. "Positive displacement chiller" means a vapor compression cycle chiller that uses
a positive displacement compressor and is typically used for commercial comfort air
conditioning. "Positive displacement chiller" does not include a chiller used for
industrial process cooling and refrigeration.
Y. "Refrigerant gas" or "refrigerant" means a substance, including blends and mixtures
of substances, that is used for heat transfer purposes.
Z. "Refrigerated food processing and dispensing equipment" means retail food
refrigeration equipment that is designed to process and dispense food and beverages
that are intended for immediate or near-immediate consumption, including, but not
limited to, chilled and frozen beverages, ice cream and whipped cream. "Refrigerated
food processing and dispensing equipment" does not include water coolers or units
designed to exclusively cool and dispense water.
AA. "Refrigeration equipment" means a stationary device that is designed to contain
and use refrigerant gas to establish or maintain colder than ambient temperatures in a
confined space, including, but not limited to, retail food refrigeration equipment, a
household refrigerator or freezer and a cold storage warehouse.
BB. "Remote condensing unit" means retail food refrigeration equipment that has a
central condensing portion and may consist of one or more compressors, condensers or
receivers assembled into a single unit, which may be located outside a retail sales area,
including, but not limited to, such units that are commonly installed in convenience
stores, specialty shops such as bakeries or butcher shops, supermarkets, restaurants and
other locations where food is stored, served or sold.
CC. "Residential use" means use by an individual of a substance, or a product
containing a substance, in or around a permanent or temporary household, during
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recreation or for any personal use or enjoyment. "Residential use" does not include use
within a household for commercial or medical applications or use in automobiles,
watercraft or aircraft.
DD. "Retail food refrigeration equipment" means equipment designed to store and
display chilled or frozen goods for commercial sale, including, but not limited to, stand-
alone units, refrigerated food processing and dispensing equipment, remote condensing
units, supermarket systems and vending machines.
EE. "Retrofit" means to replace the refrigerant contained in refrigeration equipment
with a different refrigerant, including, but not limited to, any related modifications to
the refrigeration equipment required to maintain its operation and reliability following
refrigerant replacement.
FF. "Rigid polyurethane and polyisocyanurate laminated boardstock" means laminated
board insulation made with polyurethane or polyisocyanurate foam, including, but not
limited to, insulation for roofing and walls.
GG. "Rigid polyurethane appliance foam" means polyurethane insulation foam used
in domestic appliances.
HH. "Rigid polyurethane high-pressure 2-component spray foam" means a liquid
polyurethane foam system sold as 2 parts, such as an A side and a B side, in
nonpressurized containers and that is field-applied or factory-applied in situ using high-
pressure proportioning pumps, to 800 to 1,600 pounds per square inch, and an
application gun to mix and dispense the chemical components.
II. "Rigid polyurethane in commercial refrigeration" means polyurethane insulation
for pipes, walls and metal doors in retail food refrigeration equipment.
JJ. "Rigid polyurethane low-pressure 2-component spray foam" means a liquid
polyurethane foam system sold as 2 parts, such as an A side and a B side, in containers
that are pressurized to less than 250 pounds per square inch during manufacture for
application without pumps and that is typically applied in situ relying upon a liquid
blowing agent or gaseous blowing agent that also serves as a propellant.
KK. "Rigid polyurethane marine flotation foam" means buoyancy or flotation foam
used in boat and ship manufacturing for both structural and flotation purposes.
LL. "Rigid polyurethane one-component foam sealant" means a polyurethane foam
typically packaged in aerosol cans that is applied in situ using a gaseous blowing agent
that also serves as a propellant for the aerosol formulation.
MM. "Rigid polyurethane sandwich panels" means a polyurethane foam sandwiched
between outer structural layers and used to provide insulation in walls and doors,
including for insulation in commercial refrigeration equipment and garage doors.
NN. "Rigid polyurethane slabstock" means a rigid closed-cell polyurethane foam
formed into slabstock insulation for panels and pipes.
OO. "Stand-alone low-temperature unit" means a stand-alone unit that maintains food
or beverages at temperatures at or below 32 degrees Fahrenheit.
PP. "Stand-alone medium-temperature unit" means a stand-alone unit that maintains
food or beverages at temperatures above 32 degrees Fahrenheit.
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 QQ. "Stand-alone unit" means a retail refrigerator, freezer or reach-in cooler, whether
open or with doors, that has fully integrated refrigeration components and a
refrigeration circuit that may be completely brazed or welded and that is fully charged
with refrigerant during manufacture and typically requires only an electricity supply to
begin operation.
RR. "Substance" means any chemical or blend of chemicals intended for an end use
listed in subsection 2 or regulated by the department by rule adopted pursuant to
subsection 6.
SS. "Supermarket system" means a multiplex or centralized retail food refrigeration
equipment system that is designed to cool or refrigerate and that operates using racks
of compressors installed in a machinery room, including both a direct and an indirect
system.
TT. "Use," with regard to a substance, includes, but is not limited to, consumption,
incorporation or inclusion in a manufacturing process or product in the State;
consumption for an end use in the State; and consumption, incorporation or inclusion
in an intermediate application in the State, such as formulation or packaging for other
subsequent applications. "Use" does not include residential use but does include
manufacturing for the purpose of residential use.
UU. "Vending machine" means self-contained retail food refrigeration equipment that
dispenses goods that must be kept cold or frozen.
2. Prohibitions. Except as provided in subsection 3 and in accordance with rules
adopted by the department pursuant to this section, a person may not sell, lease, rent, install
or enter into commerce in the State any product or equipment that uses or will use the
following specified substances that are hydrofluorocarbons with high global warming
potential for the following specified air conditioning, refrigeration, foam or aerosol
propellant end uses.
A. Beginning January 1, 2022:
(1) For aerosol propellants in new products, the following substances are
prohibited: HFC-125, HFC-134a, HFC-227ea and blends of HFC-227ea and HFC-
134a;
(2) For new compact household refrigerators or freezers, the following substances
are prohibited: FOR12A, FOR12B, HFC-134a, KDD6, R-125/290/134a/600a
(55.0/1.0/42.5/1.5), R-404A, R-407C, R-407F, R-410A, R-410B, R-417A, R-
421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-426A, R-428A,
R-434A, R-437A, R-438A, R-507A, RS-24 (2002 formulation), RS-44 (2003
formulation), SP34E and THR-03;
(3) For retrofitted supermarket systems, the following substances are prohibited:
R-404A, R-407B, R-421B, R-422A, R-422C, R-422D, R-428A, R-434A and R-
507A;
(4) For new supermarket systems, the following substances are prohibited: HFC-
227ea, R-404A, R-407B, R-421B, R-422A, R-422C, R-422D, R-428A, R-434A
and R-507A;
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(5) For retrofitted remote condensing units, the following substances are
prohibited: R-404A, R-407B, R-421B, R-422A, R-422C, R-422D, R-428A, R-
434A and R-507A;
(6) For new remote condensing units, the following substances are prohibited:
HFC-227ea, R-404A, R-407B, R-421B, R-422A, R-422C, R-422D, R-428A, R-
434A and R-507A;
(7) For retrofitted stand-alone units, the following substances are prohibited: R-
404A and R-507A;
(8) For new stand-alone medium-temperature units, the following substances are
prohibited: FOR12A, FOR12B, HFC-134a, HFC-227ea, KDD6, R-
125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407A, R-407B, R-407C, R-
407F, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-
422D, R-424A, R-426A, R-428A, R-434A, R-437A, R-438A, R-507A, RS-24
(2002 formulation), RS-44 (2003 formulation), SP34E and THR-03;
(9) For new stand-alone low-temperature units, the following substances are
prohibited: HFC-227ea, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-
404A, R-407A, R-407B, R-407C, R-407F, R-410A, R-410B, R-417A, R-421A, R-
421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-428A, R-434A, R-437A,
R-438A, R-507A and RS-44 (2003 formulation);
(10) For new refrigerated food processing and dispensing equipment, the
following substances are prohibited: HFC-227ea, KDD6, R-125/290/134a/600a
(55.0/1.0/42.5/1.5), R-404A, R-407A, R-407B, R-407C, R-407F, R-410A, R-
410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A,
R-428A, R-434A, R-437A, R-438A, R-507A and RS-44 (2003 formulation);
(11) For retrofitted vending machines, the following substances are prohibited: R-
404A and R-507A;
(12) For new rigid polyurethane and polyisocyanurate laminated boardstock, the
following substances are prohibited: HFC-134a, HFC-245fa, HFC-365mfc and any
blends of those substances;
(13) For new flexible polyurethane, the following substances are prohibited: HFC-
134a, HFC-245fa, HFC-365mfc and any blends of those substances;
(14) For new integral skin polyurethane, the following substances are prohibited:
HFC-134a, HFC-245fa, HFC-365mfc and any blends of those substances;
Formacel TI; and Formacel Z-6;
(15) For new polystyrene extruded sheet, the following substances are prohibited:
HFC-134a, HFC-245fa, HFC-365mfc and any blends of those substances;
Formacel TI; and Formacel Z-6;
(16) For new phenolic insulation board and new phenolic insulation bunstock, the
following substances are prohibited: HFC-143a, HFC-134a, HFC-245fa, HFC-
365mfc and any blends of those substances;
(17) For new rigid polyurethane slabstock and other new rigid polyurethane, the
following substances are prohibited: HFC-134a, HFC-245fa, HFC-365mfc and any
blends of those substances; Formacel TI; and Formacel Z-6;
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 (18) For new rigid polyurethane appliance foam, the following substances are
prohibited: HFC-134a, HFC-245fa, HFC-365mfc and any blends of those
substances; Formacel TI; and Formacel Z-6;
(19) For new rigid polyurethane in commercial refrigeration and new rigid
polyurethane sandwich panels, the following substances are prohibited: HFC-134a,
HFC-245fa, HFC-365mfc and any blends of those substances; Formacel TI; and
Formacel Z-6;
(20) For new polyolefin, the following substances are prohibited: HFC-134a,
HFC-245fa, HFC-365mfc and any blends of those substances; Formacel TI; and
Formacel Z-6;
(2