UPDATE: New York State bans some refrigerants immediately, bans A2L equipment in 2034: What contractors need to know
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UPDATE – February 6, 2025 – The New York State Department of Environmental Conservation (NYSDEC) has announced a delay in enforcing the prohibition on the sale, distribution, and purchase of bulk refrigerants with a GWP100 greater than 2,200. Originally set to take effect on January 9, 2025, enforcement has now been pushed back to April 9, 2025. Additionally, the prohibition on the sale of bulk R-404A and R-507A has been delayed until December 31, 2025.
This delay will provide contractors and other HVACR professionals additional time to adjust to the regulatory changes. ACCA will continue to monitor updates from NYSDEC and provide guidance on compliance. Stay tuned for further developments and what they mean for contractors operating in New York.
In the guidance documents below, NYSDEC continues to claim that their regulation mirrors California in banning only virgin refrigerants while allowing the sale of reclaimed gas:
The permissibility of reclaimed refrigerants under the letter of their regulation does not appear clear to us, so contractors and their suppliers will need to make their own decisions on whether to trust that NYSDEC won’t enforce that apparent prohibition.
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New York State’s Department of Environmental Conservation (NYSDEC) has introduced Part 494, a sweeping regulation aimed at reducing greenhouse gas emissions by imposing strict limitations on hydrofluorocarbons (HFCs) and other high global warming potential (GWP) substances, including refrigerants. Its implementation raises significant challenges for HVACR contractors.
Part 494 bans specific refrigerants and HVACR equipment based on their GWP ratings more rapidly and stringently than the AIM Act, presenting profound implications for the HVACR industry in New York State. Moreover, the regulation’s rushed development, vague requirements, and disregard for industry input highlight massive process flaws and potential overreach.
A flawed process: Ignoring industry expertise and rushing deadlines
The regulatory process behind Part 494 has left HVACR professionals feeling frustrated. Despite substantial feedback from manufacturers, distributors, contractors, and industry associations—including ACCA—the final rule largely disregarded industry expertise. Key issues include:
- Dismissed expertise: NYSDEC failed to meaningfully incorporate feedback from stakeholders, bypassing practical insights into technical and economic realities.
- Rushed timelines: The regulation’s tight deadlines, such as the January 1, 2027, ban on heat pump water heaters, provide contractors with minimal time to adapt.
- Poor drafting: Vague definitions and contradictory language create confusion regarding compliance and enforcement, further complicating implementation.
These challenges underscore the value of federal preemption for the AIM Act, where uniform national standards could replace fragmented state-specific regulations.
Key provisions: Refrigerant bans and equipment restrictions
Refrigerant bans begin immediately, with confusion about permissibility of reclaimed gas
The regulation’s first ban on bulk refrigerant sales went into effect January 9, 2025, just 30 days after the rule was filed. It prohibits the sale of refrigerants with a global warming potential (GWP100) exceeding 2,200. This includes refrigerants commonly used in commercial refrigeration such as R-404A.
NYSDEC claims that their intent was to mirror California in banning only virgin refrigerants while allowing the sale of reclaimed gas. As written, however, the regulation does not appear to provide an exception for reclaimed refrigerants. This means that, effective immediately, thousands of New York restaurants, food retailers, warehouses, and slaughterhouses will have no option to service their refrigeration equipment. It is estimated that retrofitting or replacing the affected refrigeration systems would cost upwards of $5 billion.
ACCA will continue seeking clarification on the permissibility of reclaimed refrigerant under the rule.
GWP20 Limit of 10: Banning A2L equipment in 2034
By January 1, 2034, New York will prohibit residential and light commercial air conditioning and heat pump systems using refrigerants with a GWP20 greater than 10. This effectively eliminates all residential and light commercial equipment on the market today, including newly-released A2L equipment.
Nine years to transition
Contractors and manufacturers have less than a decade to identify, test, and implement alternative ultra-low GWP equipment. The most likely alternatives are highly flammable A3 refrigerants, like R-290 (propane), which are not currently allowed in residential applications and will likely require dramatically different system design.
Counterproductive standards
While the industry is actively adopting A2L refrigerants, New York’s timeline will render these efforts obsolete before they can mature.
Heat pump water heater ban: A misguided mandate
The January 1, 2027, ban on heat pump water heaters is particularly contentious. These systems use negligible amounts of refrigerant, and even if fully vented at end-of-life, their global warming potential is minimal compared to the energy savings they deliver. This ban runs counter to broader efficiency goals, undermining energy conservation efforts.
ACCA’s advocacy: Protecting New York’s contractors
The Air Conditioning Contractors of America (ACCA) is actively working to mitigate the challenges posed by Part 494. Our advocacy efforts include:
- Engaging with legislators: ACCA is collaborating with the New York State Assembly to highlight the regulation’s unintended consequences and advocate for legislation that balances the State’s environmental goals with realistic timelines and industry needs.
- Pushing for clarity: We are working directly with NYSDEC to address ambiguities in the regulation, ensuring contractors receive clear, actionable compliance guidance.
The way forward: Balancing environmental goals and practical implementation
Part 494 highlights the urgent need for balanced, informed policies that align with industry realities. Rushed and poorly structured regulations risk creating more harm than good. By advocating for practical, workable solutions, ACCA remains committed to supporting contractors, protecting consumers, and promoting a safe and orderly refrigerant transition.
Posted In: A2Ls, Climate Change, Polices & Procedures, Refrigerants, Regulation Reform
