§ 38 §1613-2 — Hydrofluorocarbon use restrictions (REALLOCATED FROM TITLE 38, SECTION 1612)

Maine § 38 §1613-2

• Jurisdiction: Maine
• Title 38: WATERS AND NAVIGATION
• Ch. 16: SALE OF CONSUMER PRODUCTS AFFECTING THE ENVIRONMENT

Text

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
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.
3.
Exemptions.
In accordance with rules adopted by the department pursuant to this section, the following exemptions apply to the prohibitions in subsection 2.
4.
Record keeping.
In accordance with rules adopted by the department pursuant to this section, a person that manufactures for sale or entry into commerce in the State a product or equipment regulated under this section shall maintain for 5 years, and shall make available to the department upon request, records sufficient to demonstrate that the product or equipment does not contain any substances prohibited for an applicable end use regulated under this section or that the product or equipment is exempt from the prohibitions in this section pursuant to subsection 3.
5.
Venting prohibition.
In accordance with rules adopted by the department, a person may not intentionally or knowingly vent or otherwise release into the environment any prohibited substance identified pursuant to subsection 2 when maintaining, servicing, repairing or disposing of a product or equipment regulated under this section that was sold, leased, rented, installed or entered into commerce in the State prior to the date of an applicable prohibition under subsection 2 for that product or equipment. The prohibition under this subsection does not apply to a person who causes such a release if that release is de minimis and the person caused the release while engaged in a good faith attempt to recycle or recover the prohibited substance in a product or equipment regulated under this section.
6.
Rulemaking.
The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

Legislative History

PL 2021, c. 192, §1 (NEW). RR 2021, c. 1, Pt. A, §53 (RAL).