The New York State Department of Environmental Conservation (DEC) on December 23, 2024, announced that it has finalized updated regulations to reduce emissions of HFCs, including 20-year GWP limits of 10 for many new HVAC&R systems starting in 2034, thereby helping to foster the adoption of natural refrigerant-based applications.
The new regulations amend 6 NYCRR Part 494, Hydrofluorocarbon Standards and Reporting, establishing GWP thresholds for refrigerants and requirements on equipment leakage. The amended regulations also target reductions of sulfur hexafluoride (SF6), another potent greenhouse gas. They do not require the replacement of existing equipment prior to the end of its useful life
The original regulations were adopted in 2020 to backstop SNAP Rules 20 and 21 set by the U.S. Environmental Protection Agency (EPA) and align with states belonging to the US Climate Alliance.
New York’s amended HFC regulations are among the most ambitious in the U.S., surpassing in some respects the American Innovation and Manufacturing (AIM) Act, implemented by the EPA. Other states with proactive HFC regulations include California and Washington. But New York, unlike the EPA or other states, uses a 20-year GWP (GWP20) value for gases rather than the traditional 100-year GWP (GWP100) value. (Some of the New York regulations refer to federal rules that use GWP100.)
The new rules are designed to help implement New York’s Climate Leadership and Community Protection Act, which requires the state to reduce greenhouse gas emissions from 1990 levels by 40% by 2030 and by 85% by 2050, achieving net zero emissions by 2050.
“New York State continues to advance efforts to reduce the harmful pollution fueling climate change, with HFCs and SF6 among the worst offenders,” said Interim DEC Commissioner Sean Mahar. “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.”
New York is part of the U.S. Climate Alliance, a bipartisan coalition of 24 governors that has recommitted itself to protecting the climate in the face of potential regulatory rollbacks by the EPA under the impending administration of President-elect Donald Trump. The Trump-aligned 2025 Presidential Transition Project – known as Project 2025 – recommends in its section on the EPA that a future Republican administration repeal Biden administration HFC regulations authorized by AIM Act “that are unnecessarily stringent and costly.”
Prohibition dates
Among the HFC bans in the updated New York regulations for newly installed field-charged systems and newly manufactured systems, including dates of prohibition:
- Supermarket systems, remote condensing units, cold-storage warehouses and industrial process refrigeration: regulated substances (f-gases including HFCs, HFOs and blends) with a GWP20 greater than 580 for equipment with refrigerant charge capacity of 50lbs (23kg) or greater, January 1, 2026; f-gases with a GWP20 greater than 943 for equipment with refrigerant charge capacity of less than 50lbs, January 1, 2026; f-gases with a GWP20 greater than 10, January 1, 2034.
- Stand-alone commercial units (low- and medium-temperature): f-gases with a GWP100 of 150 or greater, January 1, 2025; f-gases with a GWP20 greater than 10, January 1, 2034.
- Ice rinks: f-gases with a GWP20 greater than 580, January 1, 2026; f-gases with a GWP20 greater than 10, January 1, 2030.
- Chillers for comfort cooling: f-gases with a GWP100 of 700 or greater, January 1, 2025.
- All chillers: f-gases with a GWP20 greater than 20, January 1, 2030.
- Heat pump chillers for comfort cooling: f-gases with a GWP100 of 700 or greater, January 1, 2025.
- All heat pump chillers: f-gases with a GWP20 greater than 20, January 1, 2034.
- Self-contained residential and light commercial air conditioning and heat pump products: f-gases with a GWP100 of 700 or greater, January 1, 2026.
- All residential and light commercial air-conditioning and heat pumps: f-gases with a GWP20 greater than 10, January 1, 2034.
Praise for new regulations
Several NGOs welcomed the updated New York regulations.
“Hydrofluorocarbons and sulfur hexafluoride are, pound-for-pound, the worst greenhouse gases we are emitting today,” said 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.
“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.”
Richie Kaur, Senior Superpollutant Reduction Advocate at the NRDC
However, the DEC has received a number of comments from retailers and other companies and groups objecting to the new regulations. Suzanne Hagell, Climate Change Policy Analyst II at the DEC, addressed what she called “misconceptions” and “misinformation” among stakeholders who pushed back against the regulations during a March 13, 2024, hearing.
“The rulemaking does not require any person or entity to replace any existing equipment or product,” said Hagell at the beginning of the hearing, correcting comments made about the amendments. “It would not require grocery stores, including small and independent businesses, to replace their refrigeration equipment before the end of its useful life.”
In March, 2024, the DEC announced the completion of two projects in New York State – at an ALDI US store and a Walgreens store – that successfully demonstrated the use of transcritical CO2 (R744) as a replacement for HFCs.. The projects, both in disadvantaged communities, “are models for future commercial sustainable refrigeration transitions in retail food facilities,” said the DEC.
The projects were 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, added the DEC.
To help small businesses comply with the phaseout of HFCs grocery stores and food storage facilities in disadvantaged communities, the DEC is finalizing the development of a new grant program. DEC issued draft eligibility and guidelines in June 2024; grant availability and additional details will be provided in coming months.
