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December 23, 2024

DEC ANNOUNCES ADOPTION OF REGULATIONS TO REDUCE HARMFUL CLIMATE POLLUTANTS

Rules to Limit Hydrofluorocarbons and Sulfur Hexafluoride Refrigerants will Reduce Emissions, Advance Implementation of New York’s Climate Leadership and Community Protection Act

New York State Department of Environmental Conservation (DEC) Interim Commissioner Sean Mahar today announced actions to support the State’s ongoing efforts to reduce the refrigerant emissions contributing to climate change. DEC finalized the regulations required by the Climate Leadership and Community Protection Act (Climate Act) to reduce emissions of two potent pollutants, hydrofluorocarbons (HFCs) and sulfur hexafluoride (SF6), that trap heat in the atmosphere.

“New York State continues to advance efforts to reduce the harmful pollution fueling climate change, with HFCs and SF6 among the worst offenders,” Interim Commissioner Mahar said. “The new requirements finalized today will help phase down the use of these climate pollutants over time and bolster the use of alternatives that are better for public health and our shared environment and more cost-effective for impacted businesses.”          

HFCs are extremely potent greenhouse gases (GHGs) often used in refrigeration and cooling that have hundreds to thousands of times higher global warming potential — a metric that measures the ability of gases to trap heat in the atmosphere – than alternative refrigerants. The amended regulation includes prohibitions, reporting, and other requirements for HFCs to help achieve required statewide greenhouse gas emission limits.

DEC adopted regulations in 2020 that limit the most powerful HFCs in certain end uses. In 2024, DEC amended these regulations to support the requirements of the Climate Act. The amendments are based in part on the U.S. Environmental Protection Agency’s (EPA) regulations implementing the American Innovation and Manufacturing Act, as well as recommendations in New York State that support establishing a GWP threshold for refrigerants, as well as reducing HFC emissions from equipment leakage. The amended regulation does not require the replacement of existing equipment prior to the end of its useful life and, according to EPA, will provide substantial energy savings. 

 

SF6 is the most potent greenhouse gas and is used primarily in electric power transmission and distribution equipment in New York State. New equipment utilizing alternatives to SF6 are becoming available to reduce emissions from transmission and distribution equipment. The adopted regulation includes a program to phase down the use of SF6 in gas-insulated equipment (GIE) used by the electricity sector. The regulation includes a phaseout of the installation of new SF6 GIE, an emissions limit for GIE owners, limitations on the use of SF6, and reporting requirements for certain users and suppliers of SF6 and other fluorinated greenhouse gases. The regulation will help reduce emissions generated by the electricity sector in New York State. 

 

The regulations implement recommendations from the New York State Climate Action Council Scoping Plan to help meet the statewide emission limits of the Climate Act. In addition, as estimated by DEC’s guidance, Establishing a Value of Carbon, under the Climate Act, both HFCs and SF6 are among the highest values in terms of the cost in dollars of each additional ton of emissions. The regulations will help guide a statewide transition away from HFCs and SF6 while informing policy development and programming.

 

In March, DEC announced the completion of two projects that successfully demonstrate the use of natural refrigerants in grocery stores as a replacement for climate-altering greenhouse gas refrigerants. The projects, both in disadvantaged communities, are models for future commercial sustainable refrigeration transitions in retail food facilities. The projects are supported by the State Environmental Protection Fund (EPF) and were completed through a partnership with the North American Sustainable Refrigeration Council (NASRC) and the New York State Pollution Prevention Institute (NYSP2I). This partnership with NASRC will continue in the implementation of additional natural refrigeration projects in grocery stores in disadvantaged communities.  

 

To help small businesses comply with the phaseout of harmful greenhouse gas emissions currently used as refrigerants in markets, grocery stores, and other facilities for food storage in disadvantaged communities, DEC is finalizing the development of a new grant program. DEC issued draft eligibility and guidelines in June 2024 to help shape the creation of the program using funding to support climate change initiatives from the $4.2 billion Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022 that will help businesses prepare for the transition to climate-friendly refrigerant alternatives. Grant availability and additional details will be provided in coming months. 

 

“Hydrofluorocarbons and sulfur hexafluoride are, pound-for-pound, the worst greenhouse gases we are emitting today,” Richie Kaur, Senior Superpollutant Reduction Advocate at NRDC (Natural Resources Defense Council). “With these regulations, New York State is sending clear market signals that will drive industries away from these climate super pollutants and towards alternatives that are compatible with a stable climate future. These regulations would largely phase out the use of hydrofluorocarbons and sulfur hexafluoride over the next two decades, in alignment with New York's ambitious climate targets, making them a prime example of what decisive climate action looks like.”

 

“As advocates for effective refrigerant policies, we believe the adopted Part 494 regulations balance the need for regulations that allow homeowners and business owners to use their legacy equipment to the end of its useful life, while setting future standards for one-time investments in future-proofed durable systems and avoiding environmentally harmful spending,” said Michael Helme, Lead Volunteer, New Yorkers for Cool Refrigerant Management. “Many features of these rules are simply best practice or best technology, meaning their adoption will save money and increase our state’s business vigor and overall health. The final regulations are responsive to stakeholders while helping New York take another cool step towards our climate goals by reducing emissions of super polluting greenhouse gases.”

 

“This rule is essential for New York State to meet its climate targets and support the transition from powerful greenhouse gases used as refrigerants to alternatives,” said Avipsa Mahapatra, Climate Campaign Director, Environmental Investigation Agency. “We support the establishment of a state refrigerant management program, because what isn't measured can't be mitigated, and this necessary data will enable the successful cutting of emissions.”

 

New York State's Climate Agenda 

New York State's climate agenda calls for an affordable and just transition to a clean energy economy that creates family-sustaining jobs, promotes economic growth through green investments, and directs a minimum of 35 percent of the benefits to disadvantaged communities. New York is advancing a suite of efforts to achieve an emissions-free economy by 2050, including in the energy, buildings, transportation, and waste sectors. 

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