New York State HFC Phaseout Amendment Could Leave State Without Air-Conditioning or Refrigeration

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The New York State Department of Environmental Conservation (NYSDEC) is proposing an amendment that, if enacted, would effectively ban the installation of current technologies used for air conditioning and refrigeration systems for its businesses and residents.

The push for more environmentally friendly refrigerants is shared between HARDI and New York State. However, this amendment is too aggressive and does not allow enough time to appropriately phase out, or even phase down, to the stated GWP requirements. NYSDEC Amendments to Part 494 use the Global Warming Potential for 20 years (GWP20). Their desire, generally, is to have all regulated refrigerants (virgin and reclaimed) used in New York State have GWP20 of under 10. This radical GWP20 requirement would make the most common refrigerants unusable throughout New York State. But it is worth noting that Ammonia, H2O, Air, Propylene, Propane, Isobutane, and CO2 as non-fluorinated refrigerants that meet the GWP20 under 10.

NYSDEC Amendments to Part 494 would then force the industry to begin applying alternative refrigerants. Alternative refrigerants require ultra-high pressures or high-flammability refrigerants, which are hard to retrofit into existing buildings and require major changes to safety standards and building codes that are unlikely to be achieved in time for the proposed prohibitions (the earliest prohibition being January 1, 2025).

HARDI will be sending in comments opposing the amendment and asks for your help opposing Amendment of Part 494. Written comments on the proposed Part 494 revisions may be submitted until 5:00 p.m. EST on March 19, 2024. Two public comment hearings for the proposed Part 494 revisions will be held via electronic webinar on March 13, 2024 at 2:00 p.m. EST and 6:00 p.m. EST. Regulatory proposal comments may be emailed to climate.regs@dec.ny.gov. Include “Comments on Part 494 HFC” in the subject line of the email.

For help sending in your comments please reference HARDI’s blog post in drafting comments here. You may also reference these additional issues that Amendment of Part 494 creates:

• The labor force is not prepared for the rapidly approaching transition of refrigerants. From the education of applying alternative refrigerants to the manpower needed across the entire state. The labor force will not be able to keep up with the need of New York State residents, leaving many residents and businesses with no air-conditioning, refrigeration, or any other refrigerant required system.

• There is no precedent to reference such an aggressive GWP requirement. If enacted, New York State would be the only place in the United States with such strict refrigerant guidelines.

• By halting the use of the most common refrigerants applied in New York State there will be an immediate and unnecessary expense forced upon New York State businesses and residents to transition their already operational systems.

For additional information, HARDI has condensed the amendment to its relevant information and prioritized key statements. You can view HARDI’s Summary of the New York State Proposed HFC Phaseout by clicking here.