Update as of 1/17/25

UPDATE ON REFRIGERANT SALES ENFORCEMENT

We want to provide you with an important update regarding refrigerant sales in New York State.
Based on the latest information from Heating, Air Conditioning, and Refrigeration Distributors International (HARDI), the New York State Department of Environmental Conservation (DEC) is currently not enforcing the prohibition on refrigerant sales as previously announced.

What This Means for You

As of today, you can purchase and use the following refrigerants in New York State without concern:

• R-404A
• R-438A
• R-507
• R-422B
• And other refrigerants previously included in the prohibition.

While this is a temporary pause in enforcement, we have not received official details on any permanent changes to the regulation. We will keep you informed as new information becomes available.

Update as of 1/6/25

IMPORTANT NOTICE

Final New York HFC Regulation Released, Prohibitions Begin January 9, 2025

The New York State Department of Environmental Conservation (DEC) has finalized rules to phase out the use of Hydrofluorocarbon (HFC) refrigerants and move to ultra-low GWP refrigerants in the future. The new regulations under Part 494 will dramatically impact HVACR products sold and installed in New York State. The final regulation impacts five main areas:

• Prohibitions on sales of bulk refrigerants (HFCs, HCFCs, and CFCs)
• Prohibitions on sales and installation of equipment using HFC refrigerants
• Labeling and disclosure requirements
• Recordkeeping and reporting requirements for manufacturers, producers, suppliers/distributors, and users of HFC refrigerants
• Leak repair requirements and an end-user refrigerant management program

With New York State phasing out the use of high-GWP refrigerants like R-404A in many applications to support environmental regulations. The best replacement alternative is R-449A, which offers lower GWP and similar performance. Contact your local Meier Supply branch to learn more about compliance and retrofit solutions!

Questions? Please contact us HERE

The equipment prohibitions apply to the manufacturing and sale of self-contained products and the the installation of field-charged systems. Learn More Below.

Equipment and Refrigerants

Labeling and disclosure requirements go into effect on January 9, 2025, despite some equipment subject to the requirements being manufactured before the requirements went into effect. Learn More Below.

Labeling and Disclosure Requirements

Recordkeeping requirements are classified as suppliers under this regulation. Refrigerant suppliers in or into New York State will be required to register with the state and provide annual reports on refrigerants sold and recovered for reclaim in the state. Learn More Below.

Recordkeeping and Reporting

Update as of 5/30/24

Urgent Action is Needed!

Contact your state legislators and oppose the NYSDEC Amendments to Part 494. If passed as proposed, these amendments will ban service gases in 2025 and force the transition to propane or CO2 systems in 2034. 

Taken Action and Oppose

New York HFC Phaseout and move to Dangerous Refrigerants

The New York Department of Environmental Conservation (NYSDEC) has proposed Amendments to Part 494 which would phase out the use of hydrofluorocarbons (HFCs) in the state and force the industry to switch to more dangerous refrigerants such as propane, isobutane, ammonia, and carbon dioxide.

Background
In 2019, the New York legislature passed the Climate Leadership and Community Protection Act, which included a provision to phase down the use of high global warming potential (GWP) pollutants, including HFCs. At the time of passage, the U.S. Congress had not yet passed the American Innovation and Manufacturing Act, which phases down HFC production and consumption by 85 percent. 

New York's Scoping Plan

In 2022, New York finalized its scoping plan for reducing climate pollutants statewide, a crucial step towards achieving its goal of net zero carbon emissions by 2050. As part of this comprehensive plan, the state was to “phase out” high-GWP HFCs in line with the EPA's efforts at the federal level and phase down its total use of HFCs, underscoring the state's commitment to environmental sustainability. Following the scoping plan, as written, New York would have matched the federal transition away from high-GWP refrigerants, serviced existing equipment, and achieved the climate goals included in the Climate Leadership and Community Protection Act. 

Amendments to Part 494

Unfortunately, the proposed Amendments to Part 494 released by the NYSDEC far exceeded the Scoping Plan approved in 2022. Under the proposed changes, New York would completely phase out the use of HFC refrigerants in new equipment installations, which are used in all current and next-generation air conditioning equipment and more than 90 percent of current and next-generation refrigeration equipment. By banning equipment using even low-GWP refrigerants, the department is forcing the switch to non-fluorinated refrigerants such as propane, isobutane, ammonia, and carbon dioxide, each of which poses more danger than current low-GWP alternatives. 

In addition to the phase-out of new equipment using HFC refrigerants, the department is also banning the sale of service refrigerants to keep current equipment operating. While NYSDEC says this is false, the department has started to realize its mistake in how the regulation was written, which forbids both virgin and reclaimed refrigerant. The intention was to allow reclaimed refrigerant (refrigerant recovered from equipment at end of life, re-purified and resold at the same quality as new refrigerant), however because all refrigerants are banned, the proposed regulation would force early replacement of working equipment.

Full Summary of NYS Proposed HFC Phaseout

Update as of 3/1/24

What you need to know and how it could impact your business without Action! 

New York Department of Environmental Conservation (NYDEC) has proposed substantial modifications to regulations that would significantly impact the use of refrigerants in the state of New York.

Amendments to Part 494, Hydrofluorocarbon Standards and Reporting: 

• The Department is proposing amendments to 6 NYCRR Part 494, “Hydrofluorocarbon Standards and Reporting.” The proposed regulation includes prohibitions, reporting, and other requirements regarding the sale, use, and supply of HFCs and new products and systems that contain HFCs. The goal of this proposed rule is to implement recommendations of the Climate Action Council Scoping Plan necessary to achieve the required statewide GHG emission limits and net zero goal outlined in the Climate Act. Comments and requests for further information can be sent to Suzanne Hagell at the address provided above. Include “Comments on Part 494 HFC” in the subject line of the email.

HOW YOU CAN MAKE A DIFFERENCE

To mitigate the significant impacts of this proposed regulation to the HVACR industry, we ask that you engage with policymakers, legislators, representatives, and regulators in New York. It is imperative these stakeholders understand the opposition to this proposal directly from their constituents.

Make Your Voice Heard

Supporting Information

WHY

NY DEC is proposing these amendments to support the emission reduction targets established by the Climate Leadership and Community Protection Act. We strongly oppose these measures in favor of federal regulations established by US EPA according to the American Innovation and Manufacturing (AIM) Act which will result in an 85% reduction of HFCs nationally by 2036.

The Impact

We strongly encourage review of the full regulatory proposal in order to understand the potential impacts to your business. Below are high level summaries of specific sections of the proposal.

Regulation and Prohibition based on 20-year GWP:
Proposed amendments would ultimately require the use of refrigerants with a GWP less than 10 according to the 20-year GWP scale. All other regulations (state, federal, international) rely on a 100-year GWP scale.
Not only would the regulations impact installation of new equipment, but it would also restrict distribution of bulk refrigerants above a specified GWP. This provision would have significant impacts on the ability to service existing equipment in the field and could result in stranded equipment.
• For example, NYDEC is proposing to restrict the distribution of bulk regulated substances with a 20-year GWP =4600 starting on January 1, 2025, which would prohibit refrigerants such as R-410A, R-404A, and R-507A.

 

Registration, Reporting and Recordkeeping Requirements
The proposed modifications to these regulations also include significant and burdensome registration, reporting, and recordkeeping requirements for any person who supplies, manufacturers, produces, or distributes bulk regulated substances or equipment or products containing regulated substances intended for sale or use in New York State.


Refrigerant Management and Replacement Program
Owners and operators of specified equipment would be subject to registration and labeling requirements. In addition, the specified equipment will be subject to stringent leak inspection, detection, and repair requirements. When leaks cannot be addressed and repaired according to the requirements of the regulations, the equipment must be replaced.


Food Chain Refrigerant Replacement Program
In the proposed modifications, NYDEC has included an unprecedented requirement that all retail food facilities meet one of the following conditions by January 1, 2035:
1. Equipment with charge size greater than 200 pounds must use a refrigerant with a 20-year GWP less than 10.
2. Achieve an annual leak rate of 1% or less.

If you would like to formally weigh in with the NYSDEC to share concerns with the proposed rule, you can do so by simply sending an email to climate.regs@dec.ny.gov