Proposed Rulemaking: 6 NYCRR Parts 494 and 495 Are Now Open for Public Comment

The New York State Department of Environmental Conservation (NYSDEC) introduced two proposed amendments to New York State environmental regulations that are currently open for public comment. They involve chemical use, storage, and emissions. The proposed regulations to be discussed below are related to the broader scope provided in the Projected Sea-Level Rise regulation (6 NYCRR Part 490) related to climate change policy.

Part 494

The first proposed set of amendments pertain to 6 NYCRR Part 494 (Part 494), which governs the sale, use, and supply of hydrofluorocarbon (HFC)-containing compounds. HFCs are typically used in refrigeration and air conditioning applications, and became increasingly used as they were substituted for chlorofluorocarbons (CFCs), which were being phased out due to their effects on the ozone layer.

The proposed amendments to Part 494 include, but are not limited to, the following:

• Prohibitions on certain equipment, products, and substances
• Requirements for labeling and manufacturer disclosure
• Registration and reporting requirements for manufacturers
• Management of existing equipment which uses HFCs, including leak detection
• Annual reporting requirements for owners and operators of equipment that uses HFCs
• Mandatory retail food chain programs

Part 495

The second proposed set of amendments pertain to 6 NYCRR Part 495 (Part 495), which aims to phase out 1) the use of sulfur hexafluoride (SF₆), which is commonly used in gas-insulated equipment, and 2) the use of other fluorinated greenhouse gases.

The proposed Part 495 includes, but is not limited to, the following:

• A phase-out schedule for SF₆
• Acceptable uses of SF₆
• Emission limits on owners of gas-insulated equipment (GIE)
• A framework to calculate GIE emissions
• Recordkeeping provisions for GIE

Comments regarding Part 494 may be submitted by mail (NYSDEC Office of Climate Change, 625 Broadway, Albany, NY 12233-1030) or electronically until 5 p.m. on 3/19/2024, with two public comment hearings held electronically on 3/13/2024.

Similarly, comments regarding Part 495 may be submitted until 5 p.m. on 3/21/2024, with the associated electronic hearings on 3/14/2024.

Walden has a long history of helping our clients comply with the latest environmental regulations related to items such as chemical storage, use, and reporting. Give us a call today at 516-758-1273 to discuss.