Industry challenges NY HFC bans

USA: Two of the USA’s leading industry associations have filed a lawsuit against the New York State Department of Environmental Conservation (NYSDEC) over its HFC refrigerant bans and restrictions.

Heating, Air-conditioning & Refrigeration Distributors International (HARDI) and the Air-Conditioning, Heating, and Refrigeration Institute (AHRI) have jointly filed the lawsuit challenging 6 NYCRR Part 494, which took effect earlier this year.

The amended regulation significantly expands prohibitions on the sale, use, and installation of products containing HFC refrigerants in New York.

HARDI and AHRI’s legal complaint, filed in the New York State Supreme Court, argues that the NYSDEC did not follow the Climate Leadership and Community Protection Act (CLCPA) and failed to adhere to required administrative procedures in implementing the revised rule. 

“Our members are committed to reducing the environmental impact of refrigerants,” said Talbot Gee, CEO of HARDI. “However, the amended Part 494 rules are overly aggressive, lack clarity, and put unnecessary strain on businesses that are already working to comply with federal HFC phasedown requirements under the AIM Act. HARDI firmly believes that regulators must follow the law, and the best interest of the industry is to follow a single nationwide phase down to prevent increased consumer costs.” 

Stephen Yurek, AHRI president and CEO, echoed the concerns: “Our member companies take significant pride in providing affordable, energy efficient, essential products and equipment that ensures the health, safety, productivity, and comfort of consumers in New York and all across the nation.”

“Long before New York proposed its amendments to Part 494, AHRI members had already invested billions of dollars in developing next-generation refrigerant technologies. New York’s regulations introduce additional costs and complexity into an ongoing transition and risk undermining the climate benefits already being achieved through these advancements.” 

The lawsuit asserts that NYSDEC’s amended rule conflicts with the federal regulatory framework established under the American Innovation and Manufacturing (AIM) Act, administered by the U.S. Environmental Protection Agency (EPA) in contravention to the requirements included in the CLCPA. It also highlights the lack of adequate public engagement and economic analysis required under New York law. 

HARDI and AHRI are seeking to invalidate the revised portions of Part 494 and halt enforcement until the rulemaking process can be re-evaluated with proper stakeholder input and legal grounding that follows the EPA timelines.