In December 2024, the New York State Department of Environmental Conservation (NYSDEC) adopted an amendment to Hydrofluorocarbon (HFC) Standards and Reporting under Part 494 of the Codes, Rules and Regulations of the State of New York (6 CRR-NY). This amendment introduces strict prohibitions, usage restrictions, and reporting requirements for HFC refrigerants. On the same day, the NYSDEC adopted the new Sulfur Hexafluoride (SF₆) Standards and Reporting under 6 CRR-NY Part 495. These rules align with New York’s statewide sustainability goals enacted in the 2019 Climate Leadership and Community Protection Act (CLCPA)

 

Part 494 HFC Standards

The amendments to Part 494 were initially proposed by NYSDEC in January 2024. As in the proposal, the finalized Subpart 494-1.4 outlines specific phase-out schedules based on the type of equipment and substances charged. HFCs with higher global warming potential (GWP) and systems with larger charge capacities will be prohibited first, with amended prohibition dates ranging from “the effective date of this Part” (December 23, 2024) through 2034. The charging of HFCs and installation of any systems that utilize regulated substances are prohibited as of the prohibition date. Effective one year after the relevant prohibition date, the sale and distribution of any such HFCs and equipment is also banned. The adopted rule retains the same exemptions and variances as previously proposed. Notable, the amended rule does not prohibit the use of any existing systems, unless they are retrofitted after the applicable prohibition date.

As part of the new Subpart 494-2, subject facilities will be required to perform leak inspections with frequency and methodology varying based on system capacity, as stated in Subpart 494-2.3(a). As of December 23, 2024, equipment with a charge capacity greater than 1,500 pounds requires monthly leak inspections. Additionally, Subpart 494-2.2 institutes registration and labeling requirements which take effect on June 1, 2025. The annual report standards outlined in Subpart 494-2.6 will also have a deadline of March 31, 2026.

The adopted amendments largely align with the proposal from January 2024. For more information on Part 494, see Trinity’s analysis of the proposed amendment to Part 494.

At the same time as publishing the amended Part 494, NYSDEC finalized a new Part 495, Sulfur Hexafluoride Standards and Reporting, implementing requirements for the phase-out and reporting of SF₆ emissions in the electric power sector. Part 495 will apply to companies that own, operate, or install gas-insulated equipment (GIE) that utilize SF₆ or other covered insulating gases. Companies with GIE emissions greater than 7,500 metric tons of carbon dioxide equivalent (CO2e) per year on a twenty-year GWP (GWP20) basis will also be subject to annual reporting requirements.

As with Part 494, the NYSDEC initially proposed Part 495 in January 2024. Part 495 includes “Phase-Out Dates” after which no person may acquire SF₆ GIE, varying based on the GIE specifications including voltage capacity and current. While there are few significant changes between the proposed and adopted Part 495, the earliest phase-out dates have been delayed by one year to January 1, 2027. The latest phase-out date has been retained as January 1, 2033. The adopted rule includes exemptions which may be granted based on several factors including lack of necessary non-SF₆ GIE and the availability of non-SF₆ GIE compatible with existing equipment.

As in the proposed Part 495, the NYSDEC has codified a methodology for calculating GHG emissions and emission limits for GIE. In a departure from the proposed rule, emissions limits are applied on a three-year rolling average, as described in 495-1.7. From 2030 to 2035 the annual emission limit of each company’s GIE is set as 1% of the baseline CO₂e capacity of the first reporting year. This emission limit will be reduced by 5% starting in 2035. Compliance with the emission limit will be evaluated through the annual report as stated in Subpart 495-1.8. The emissions from emergency events can be excluded from the annual GIE emissions if the company can demonstrate, to the satisfaction of the NYSDEC, that the event could not have been prevented and was beyond the control of the company.

As with the shift in phase-out dates noted above, the initial reporting year has been delayed. Companies are required to maintain a current and complete inventory of GIE containing covered insulating gas beginning January 1, 2027, rather than 2025. This inventory will list technical details of all GIE currently in or “removed from regular use” which includes but is not limited to the GIE equipment information, the name of the covered insulating gas in use, its GWP20, and the amount of gas in the GIE. This inventory will be required to be submitted as part of the annual GIE report along with other information related to emissions from any owned equipment. While this report will be required for all facilities above the 7,500 metric tons CO₂e threshold, a “one-time emissions registration” will be required for any GIE owner with emissions below that threshold beginning in 2028, including owners of GIE previously above the threshold.

Trinity’s past analysis of the proposed Part 495 provides further information on requirements that may apply to your facilities. The finalized Part 495 largely aligns with the California Air Resources Board’s (CARB’s) Regulation for Reducing Sulfur Hexafluoride Emissions. Trinity has supported several large utilities in California to report under CARB’s rule and is uniquely qualified to assist companies navigate SF₆ phase-out and reporting under New York’s Part 495.

The full text of Part 494 and Part 495 are available for review on the NYSDEC’s website. The amendment to Part 494 and new Part 495 is part of the sweeping regulatory changes resulting from the passing of the CLCPA. Trinity has previously written on DEP 24-1 and the pre-proposal outline of the New York Cap-and-Invest (NYCI) program. Trinity’s Albany office continues to track new developments from the CLCPA to better assist clients in navigating the applicability and impacts of these regulations on their facilities.

If you would like to discuss the amendment to Part 494, Part 495, or other regulations relating to the CLCPA and their impact on your facility, please email Kenneth Fay in Trinity’s Albany office or call 518.460.1939