New York’s Proposed HFC Guidelines Face Warmth from Critics

Amid rising considerations relating to the environmental impression of refrigerant emissions, the U.S. Environmental Safety Company (EPA) has taken a major step in decreasing their impression with the enactment of the AIM Act. This federal laws mandates a phasedown of high-GWP HFCs, akin to R-410A and R-404A, that are generally utilized in refrigeration, air con, and different purposes.

Nevertheless, the panorama turns into more and more complicated as particular person states — akin to New York — are forging forward with extra aggressive rules regarding the usage of HFCs. Whereas proponents argue that state-level initiatives bolster efforts to fight local weather change, critics increase considerations about potential inconsistencies between state and federal rules, with some contending that New York’s guidelines might current unrealistic challenges for compliance and hinder alignment with the EPA’s federal mandates.

Variations

Below the AIM Act, EPA is mandating that almost all new residential and light-weight industrial air conditioners and warmth pumps use refrigerants with <700 GWP by January 1, 2025. For many new industrial refrigeration techniques utilized in supermarkets and comfort shops, the rule mandates a 150 or 300 GWP restrict, with compliance dates starting from 2026 to 2028, relying on the dimensions of the gear.

In calculating the impression of varied HFCs, EPA references the Intergovernmental Panel on Local weather Change’s (IPCC’s) Fourth Evaluation Report (AR4), which makes use of the 100-year GWP (GWP100) measurement. This metric compares the HFC’s capability to entice warmth within the ambiance over a 100-year interval relative to CO₂. Alternatively, the New York State Division of Environmental Conservation (NYSDEC) is proposing amendments to six NYCRR Half 494, which might, amongst different issues, undertake a 20-year GWP (GWP20), per the IPCC’s Sixth Evaluation Report (AR6). The GWP20 prioritizes gases with shorter lifetimes, as a result of it doesn’t take into account impacts that occur greater than 20 years after the emissions happen.

LOW GWP: Beginning January 1, 2028, refrigerants with a GWP20 better than 10 could be prohibited in new air conditioners and warmth pumps certain for New York. (Employees photograph)

Moreover, NYSDEC is proposing a number of step-downs in refrigerant necessities (relying on gear sort), with the ultimate step-down requiring a GWP20 of lower than 10 for nearly all new air con and refrigeration gear. For residential and light-weight industrial air con and warmth pumps, for instance, new gear must be manufactured with <700 GWP by January 1, 2025, per EPA rules. Nevertheless, beginning January 1, 2028, virgin substances with a GWP20 better than 10 could be prohibited in new gear certain for New York, and refrigerants with a GWP20 better than 10 could be prohibited completely as of January 1, 2034.

For brand new grocery store refrigeration techniques and distant condensing items, HFCs with a GWP20 better than 580 could be prohibited in gear with a refrigerant cost capability of fifty kilos or better beginning January 1, 2025. For techniques containing lower than 50 kilos of refrigerant, substances with a GWP20 better than 943 could be prohibited by the identical date. As above, refrigerants with a GWP20 better than 10 could be prohibited completely in industrial refrigeration gear as of January 1, 2034.

NYSDEC can also be proposing stricter leak detection, monitoring, and restore rules, in addition to bulk import restrictions on virgin and reclaimed refrigerant, which might restrict entry to HFC refrigerants used to service current gear.

If the proposed modification is enacted, it might successfully ban the set up of present applied sciences used for air con and refrigeration techniques for its companies and residents, wrote Todd Titus, director of state and public affairs at HARDI, in a weblog publish. He added that this modification is just too aggressive and doesn’t permit sufficient time to appropriately section out, and even section down, to the acknowledged GWP necessities.

“This radical GWP20 requirement would make the commonest refrigerants unusable all through New York State,” he stated. “NYSDEC amendments to Half 494 would then drive the trade to start making use of various refrigerants. Various refrigerants require ultra-high pressures or high-flammability refrigerants, that are laborious to retrofit into current buildings and require main modifications to security requirements and constructing codes which can be unlikely to be achieved in time for the proposed prohibitions (the earliest prohibition being January 1, 2025).”

Titus added that the labor drive in New York State lacks each the schooling on various refrigerants and the required manpower statewide, which threatens to depart many residents and companies with out functioning air con, refrigeration, or different important techniques. As well as, he stated that the proposed aggressive GWP requirement lacks precedent, making New York State the only jurisdiction in the US with such stringent refrigerant tips.

Public Issues

As a part of the rulemaking course of, NYSDEC hosted a public remark listening to on the proposed modification to Half 494 on March 13, 2024, with written feedback due March 19, 2024. Within the assembly, Suzanne Hagell, greenhouse fuel mitigation crew lead within the workplace of local weather change at NYSDEC, famous that HFCs at present comprise 6% of whole statewide greenhouse fuel emissions in New York, however with out the proposed regulation, the share is projected to extend to virtually 42% of greenhouse fuel emissions.

“The Division is conscious that there’s a number of misconceptions amongst members of the general public with regard to the proposed amendments to Half 494, based mostly partially on misinformation about this proposal,” stated Hagell. “To be clear, whereas the Division is conscious of public claims on the contrary, this rulemaking doesn’t require any individual or entity to interchange any current gear or product. For instance, the proposed rule as designed wouldn’t require grocery shops, together with small and impartial companies, to interchange their refrigeration gear earlier than the tip of its helpful life.”

Nick Kusmierski, proprietor of 4 grocery shops in varied counties round New York, disagreed with Hagell’s evaluation, noting that the proposed modification would require untimely disposal of current HVACR gear because of the phase-out of the refrigerants at present used to service these items.

“It is deceptive to assert that it doesn’t require the scrapping of current gear — it passively does that by banning the fuel that might be utilized in that gear,” stated Kusmierski. “All of those bills will enhance prices to shoppers. The meals provide chain alone, via suppliers, producers, distributors, transporters, retailers, and wholesalers, could have elevated expense as a consequence of these necessities which can be within the proposal as at present written.”

Consequently, elevated prices of compliance might drive impartial grocers located in underserved communities to shutter their operations, adversely affecting the neighborhoods they serve. Deric West, proprietor of Honeoye Falls and Mendon Meadows Market in upstate New York, expressed concern about this risk, noting that the proposed modification might precipitate the emergence of meals deserts.

“The proposals being promulgated by this committee create an undue and insurmountable monetary burden on native impartial retailers, who’re actively serving and being vibrant stewards of their communities,” stated West. “Using a blunt instrument to assist promulgate these targets creates unintended penalties that may consequence within the creation of meals deserts in rural and concrete areas, proceed to bolster meals inflation, and scale back client alternative by creating an immense burden on impartial retailers.”

Tim Bowen, refrigeration compliance and upkeep supervisor at Tops Markets, additionally voiced robust opposition to the state’s proposed new rules on HFC refrigerants.

“We actually are attempting to do the suitable factor,” stated Bowen. “We’re persevering with to transform a few of our techniques into available gases, however the GWP20 will make these gases out of date by 2034. Any funding we’re making at the moment has a really brief shelf life. We’re making an attempt to get out of a few of these HFCs, however we do not have a powerful roadmap and steerage from the state on tips on how to accomplish that. We’d respectfully ask that you simply return to the GWP100 … which might nonetheless put a giant dent within the GWP we at present have and assist the state meet their targets.”

Whereas Daikin helps the purpose of the NYSDEC to attain no less than a 40% general emissions discount by 2030, Kelley Raymond, senior director of sustainability and environmental advocacy with Daikin U.S. Company, expressed considerations that the proposal might in the end go away New York residents with out entry to secure, dependable, and reasonably priced HVACR gear.

“The proposal lacked a evaluate of the numerous challenges that should be addressed relating to human security, the dearth of expertise availability, the dearth of readiness of kit, the discount in general gear effectivity, and the substantial price burdens that we consider will fall on companies and particularly environmental justice communities, in addition to general gear emissions,” stated Raymond.

On the difficulty of price, Daikin believes that it was not adequately addressed within the regulatory impression evaluation and the accompanying examine commissioned by NYSDEC, stated Raymond, and that the coverage suggestions might be unattainable for a good portion of the air con and warmth pump sectors.

“There’s inadequate engagement with the air con gear producers and impartial consultants,” stated Raymond. “The proposal could have unintended penalties for New York State, together with stopping the state from electrifying heating and reaching its emission discount targets, and can trigger communities to lose entry to mandatory and life-saving heating and cooling applied sciences.”

Johnson Controls additionally has considerations about New Yorkers being disadvantaged of life-saving HVAC merchandise on account of this proposed modification, stated Chris Forth, vice chairman of regulatory, codes, and environmental affairs at Johnson Controls.

“HVAC producers should have long-term certainty on our refrigerants, together with a number of EPA SNAP-approved options, effectively forward of any proposed deadlines,” stated Forth. “Having these out there effectively forward of time is essential for us to make sure these merchandise can be found for the general public.”

Through the public remark listening to, these supporting the modifications to Half 494 highlighted the supply of ultra-low-GWP refrigerants like CO₂ and propane for industrial refrigeration techniques and identified that pure refrigerants are already broadly utilized in Europe.

“Our firm offers a variety of economic and industrial refrigeration and HVAC options utilizing pure refrigerants, together with carbon dioxide and ammonia,” stated Dave Malinauskas, president of CIMCO Refrigeration in Toronto, Canada. “The proposal offers flexibility to small companies in deprived communities which can be experiencing financial hardship and doesn’t, as some latest articles have urged, require the early alternative of kit. It merely requires that when gear is changed by the tip consumer on the finish of its life, it’s changed with probably the most climate-friendly options.”

The NYSDEC is at present evaluating public suggestions on the proposed modification. For updates on the standing of the proposal, go to https://dec.ny.gov/regulatory/rules/proposed-emergency-recently-adopted-regulations/climate-change.