DEC Rejection of Enforcement Discretion Request Threatens Refrigerant Supply, Puts New York Businesses at Risk

FOR IMMEDIATE RELEASE

Contact: Madison Romero, Public Affairs Associate
Email: mromero@hardinet.org
Direct: 614.345.4328

DEC Rejection of Enforcement Discretion Request Threatens Refrigerant Supply, Puts New York Businesses at Risk

Syracuse, NY— March 20, 2026 — Heating, Air-conditioning & Refrigeration Distributors International (HARDI) expressed strong concern following the New York State Department of Environmental Conservation’s (DEC) decision to reject requests for enforcement discretion under 6 NYCRR Part 494.

The decision comes despite mounting warnings from industry stakeholders that the current regulatory timeline will disrupt refrigerant availability across the state.

Without enforcement flexibility, grocery stores, convenience stores, and other businesses that rely on refrigeration systems are expected to face significant refrigerant shortages in the near term, threatening daily operations and increasing costs for businesses and consumers alike.

“DEC’s decision puts New York businesses in an impossible position,” said Alex Ayers, HARDI’s Vice President of Government Affairs. “Without an adequate supply of compliant refrigerants, essential businesses like neighborhood grocery stores and restaurants will struggle to operate and serve their communities.”

Industry experts have repeatedly warned that supply chain constraints and misalignment with federal standards make compliance with Part 494 timelines impractical, and the consequences extend beyond individual businesses. Shortages could lead to Increased consumer prices, reduced availability of fresh and frozen foods, and strain on already-fragile supply chains.

“This bill affects basically every New York resident, business, hospital and school in the state by revising a regulation that right now makes people pay huge amounts of money to keep their refrigeration system going,” said Ken Pokalsky, VP of Government Affairs of the Business Council of New York State. “New Yorkers want the state to be more affordable and this bill does just that — and it is so important that it pass or consumers will be forced to dig deep into their pockets and no one can afford that.”

In response to these concerns, local business leaders joined Senator Christopher Ryan to highlight newly introduced legislation (S9066/A9596) aimed at addressing deficiencies in Part 494 and aligning New York with federal standards.

The legislation seeks to provide regulatory clarity and prevent further economic harm without sacrificing climate leadership.

Watch the full Press Conference from Friday, March 20.

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