The New York State Department of Environmental Conservation (DEC) has announced a delay in enforcing parts of its recently published regulation banning commonly used refrigerants. This decision, driven by the advocacy of HARDI (Heating, Air-conditioning & Refrigeration Distributors International), provides much-needed flexibility for distributors and end-users to navigate the stringent requirements, ensuring consumers maintain access to vital refrigeration products.

“We appreciate DEC granting our request to delay enforcement of their recent ban on refrigerants used in commercial refrigeration,” said Talbot Gee, HARDI CEO. “HARDI has raised significant concerns about the issues within the regulation. We look forward to working collaboratively with the DEC and industry partners to ensure continued access to refrigeration and precise climate controls essential to supermarkets, grocers, healthcare, pharmaceuticals, and more. HARDI remains unwavering in its commitment to this objective.”

The DEC has delayed enforcing the bulk refrigerant sales prohibition by three months to April 9, 2025. It is also allowing the sale of two common refrigerants used by supermarkets, restaurants, and convenience stores until the end of 2025. Additionally, businesses using the force majeure variance process can repair equipment during the variance process.

The HVACR industry has worked closely with the U.S. Environmental Protection Agency (EPA) to phase down hydrofluorocarbon (HFC) refrigerants that have high global warming potential (GWP). These federal regulations have provided a proven framework for smooth transitions to climate-friendly alternatives. However, the DEC’s regulations under Part 494 deviate from federal standards by banning newly produced high-GWP refrigerants without securing a sufficient supply of recycled alternatives, jeopardizing refrigeration access for thousands of New York businesses.

“This untested regulatory approach creates unnecessary challenges,” said Dale Norton, Vice President of Meier Supply and HARDI Board Member. “Refrigeration is critical to modern life, and sudden state-level rules that fail to consider consumer impacts risk derailing our industry's progress. We urge the DEC to collaborate on solutions that protect both consumers and the environment.”

In response to concerns about this regulation, Senator Pat Gallivan (District 60) has introduced S. 235, a bill amending the Environmental Conservation Law to align New York’s HFC regulations with federal EPA standards. “Through federal leadership, global HFC use is set to decrease by 85%, continuing the HVACR industry’s long tradition of advancing environmentally responsible technologies,” added Gee.

HARDI remains committed to working with stakeholders and regulatory authorities to navigate these challenges and ensure a sustainable transition for all parties involved.