Section 26:2C-61 - Use of certain products prohibiteda. No person shall offer any product or equipment for sale, lease, or rent, or install or otherwise cause any equipment or product to enter into commerce in New Jersey if that equipment or product consists of, uses, or will use a substitute, as set forth in Appendix U and Appendix V of Subpart G of 40 C.F.R. Part 82, as those appendices read on January 3, 2017, for the applications or end uses restricted by Appendix U or V of the federal regulation, as those appendices read on January 3, 2017, consistent with the deadlines set forth in subsection b. of this section. Except where existing equipment is retrofitted, nothing in this subsection shall require a person to cease using a product or equipment that was manufactured prior to the effective date of restrictions set forth in subsection b. of this section. A product or equipment manufactured prior to the applicable effective date of the restriction specified in subsection b. of this section may be sold, imported, exported, distributed, installed, and used after the applicable effective date.
b. For the following products and equipment identified in Appendix U and Appendix V of Subpart G of 40 C.F.R. Part 82, as those appendices read on January 3, 2017, the prohibition set forth in subsection a. of this section shall take effect beginning: (1) July 1, 2020, for: (b) rigid polyurethane applications and spray foam, flexible polyurethane, integral skin polyurethane, flexible polyurethane foam, polystyrene extruded sheet, polyolefin, and phenolic insulation board and bunstock; and(c) supermarket systems, remote condensing units, and stand-alone units;(2) January 1, 2021, for: (a) refrigerated food processing and dispensing equipment;(b) compact residential consumer refrigeration products; and(c) polystyrene extruded boardstock and billet, and rigid polyurethane low-pressure two-component spray foam;(3) January 1, 2022, for : (a) residential consumer refrigeration products other than compact and built-in residential consumer refrigeration products; and(4) January 1, 2023, for:(a) cold storage warehouses; and(b) built-in residential consumer refrigeration products;(5) January 1, 2024, for centrifugal chillers and positive displacement chillers; and(6) On either July 1, 2020, or the effective date of the restrictions identified in Appendix U and Appendix V of Subpart G of 40 C.F.R. Part 82, as those appendices read on January 3, 2017, whichever is later, for all other applications and end uses for substitutes not covered by the categories listed in paragraphs (1) through (5) of this subsection.c. The department may, by rule or regulation adopted pursuant to the "Administrative Procedure Act," P.L. 1968, c.410 (C.52:14B-1 et seq.): (1) modify the effective date of a prohibition established in subsection b. of this section, if the department determines that such modification reduces the overall risk to human health or the environment and reflects the earliest date that a substitute is currently or potentially available;(2) prohibit the use of a substitute if the department determines that the prohibition reduces the overall risk to human health or the environment and that a lower risk substitute is currently or potentially available;(3)(a) adopt a list of approved substitutes, use conditions, or use limits, if any; and(b) add or remove substitutes, use conditions, or use limits to or from the list of approved substitutes, use conditions, or use limits if the department determines such action reduces the overall risk to human health and the environment; and(4) designate acceptable uses of hydrofluorocarbons for medical uses that shall be exempt from the prohibitions set forth in subsection b. of this section.d.(1) No later than one year after enactment by another state of restrictions on substitutes applicable to new light duty vehicles, the department may adopt restrictions applicable to the sale, lease, rental, or other introduction into commerce by a manufacturer of new light duty vehicles consistent with the restrictions identified in appendix B of Subpart G of 40 C.F.R. Part 82, as that appendix read on January 3, 2017.(2) If the United States Environmental Protection Agency approves a previously prohibited hydrofluorocarbon blend with a global warming potential of 750 or less for foam blowing of polystyrene extruded boardstock and billet and rigid polyurethane low-pressure two-component spray foam pursuant to the significant new alternatives policy program established pursuant to the federal "Clean Air Act," 42 U.S.C. s. 7671k, the department may propose a rule in accordance with the "Administrative Procedure Act," P.L. 1968, c.410 (C.52:14B-1 et seq.), to conform the requirements established under this section with that federal action.e. The authority granted by this section to the department for restricting the use of substitutes is supplementary to the authority to control air pollution pursuant to the "Air Pollution Control Act (1954)," P.L. 1954, c.212 (C.26:2C-1 et seq.).Added by L. 2019, c. 507, s. 2, eff. 1/21/2020.