In January of 2024, the New York State Department of Environmental Conservation (NYSDEC) proposed new sulfur hexafluoride (SF₆) requirements for companies in the electrical transmission and distribution industry (the electric power sector). This proposed rule aims to prohibit and control the use of SF₆ and other covered insulating gases (insulators). According to the regulatory impact statement for the proposal, these prohibitions are required to achieve the 2030 and 2050 statewide greenhouse gas (GHG) emission limits of the Climate Leadership and Community Protection Act (CLCPA).

Sulfur hexafluoride is mostly used in gas-insulated equipment (GIE) throughout the electric power sector. Approximately 75% of SF6 emissions in the country and 99% of SF₆ emissions in the state are attributed to the electrical power sector. Due to its high 20-year global warming potential (GWP20), the NYSDEC seeks to reduce SF₆ usage throughout the industry by introducing reporting requirements and emission limits for it and other insulators. These requirements will apply to companies that own, operate, or install GIE which use insulators. Companies with GIE emissions greater than 7,500 metric tons of carbon dioxide equivalent (CO₂e) on a GWP20 basis per year will also be subject to these requirements.

A primary goal of the proposed Part 495 of the Codes, Rules and Regulations of the State of New York (6 CRR-NY) is to phase out the use of SF₆ in the electric power sector throughout the state. The NYSDEC has proposed specific “Phase-Out Dates” after which no person may acquire SF₆ for use in GIE. These dates vary depending on the equipment specifications including voltage capacity and current. The earliest phase-out date is January 1, 2026 and all usage of SF₆ will be prohibited by January 1, 2033. While SF₆ acquired prior to the applicable phase-out date may be installed no later than 24 months after purchase, users may apply for exemptions per proposed Subpart 495-1.10. Exemptions may be granted based on a lack of necessary non-SF₆ GIE, physical constraints of project locations, availability of non-SF₆ GIE compatible with existing equipment, and lack of non-SF₆ GIE which meet safety and reliability standards.

The proposed Part 495 also codifies a methodology for calculating GHG emissions and emission limits for GIE. Companies shall report emissions as the total amount of insulator emitted scaled by the GWP of the relevant insulator. From 2028 to 2034 the annual emission limit of each company’s GIE is proposed to be 1% of the baseline CO₂e capacity of the first reporting year. The NYSDEC has also proposed reducing this emission limit by 5% starting in 2035. Compliance with the emission limit will be evaluated through the annual report as noted above. Notably, 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. Reporting these emissions would be required as part of the GIE inventory.

As of January 1, 2025 companies would also be required to maintain a current and complete inventory of GIE containing covered insulating gas. 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, the amount of gas in the GIE, and any SF₆-containing replacements. 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 as of January 1, 2025 including owners of GIE previously above the threshold. GIE owners will also be required to retain all relevant records of the previous 5 years and provide them within 30 days of any request by the NYSDEC.

The new complex reporting requirements of proposed Part 495 go beyond the standards required by 40 CFR 98. Trinity is available to assist any GIE owners with navigating these requirements. If you would like to discuss the GHG reporting related to Part 495 or 40 CFR 98 and their impact on your facility, please email Kenneth Fay in Trinity’s Albany office or call 518.460.1939.