Express Terms - Adopted Part 494

6 NYCRR Part 494 Hydrofluorocarbon Standards and Reporting

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, 71-2105)

§ 494.1 Purpose

(a) This Part adopts prohibitions for certain hydrofluorocarbon substances in air conditioning and refrigeration equipment, aerosol propellants, and foam end-uses.

(b) The purpose of this Part is to control the emissions of greenhouse gases as a component of air pollution and driver of climate change, and to provide for the protection of the environment and natural resources of the State.

§ 494.2 Applicability

(a) This Part applies to any person who sells, offers for sale, installs, uses, or enters into commerce in the State of New York, any substance in end-uses listed in Section 494.4 of this Part.

(b) Substances used in end-uses listed in Section 494.5 of this Part are exempt from the prohibitions listed in Section 494.4 of this Part.

(c) Except where an existing system is retrofit after the applicable prohibition date, nothing in this regulation requires a person that acquired a product or equipment containing a prohibited substance prior to the applicable date of prohibition listed in Section 494.4 of this Part to cease use of that product or equipment. Products or equipment manufactured prior to the applicable prohibition specified in listed in Section 494.4 of this Part may be sold, imported, exported, transported, distributed, installed, serviced, and used after the applicable prohibition date.

§ 494.3 Definitions

For the purposes of this Part, the following definitions apply:

(a) 'Aerosol Propellant.' A liquefied or compressed gas that is used in whole or part, such as a cosolvent, to expel a liquid or other material from the same self-pressurized container or from a separate container.

(b) 'Air Conditioning Equipment.' Chillers, both centrifugal chillers and positive displacement chillers, intended for comfort cooling of occupied spaces.

(c) 'Capital Cost.' An expense incurred in the production of goods or in rendering services, including but not limited to the cost of engineering, purchase, and installation of components or systems, and instrumentation, and contractor and construction fees.

(d) 'Centrifugal Chiller.' Air conditioning equipment that utilizes a centrifugal compressor in a vapor-compression refrigeration cycle intended for comfort cooling, but not cooling for industrial process cooling and refrigeration.

(e) 'Cold Storage Warehouse.' A cooled facility designed to store meat, produce, dairy products, and other products that are delivered to other locations for sale to the ultimate consumer.

(f) 'Component.' A part of a refrigeration system, including but not limited to condensing units, compressors, condensers, evaporators, and receivers; and all of its connections and subassemblies, without which the refrigeration system will not properly function or will be subject to failures.

(g) 'Cumulative Replacement.' The addition of or change in multiple components within a three-year period.

(h) 'Department.' The New York State Department of Environmental Conservation.

(i) 'End-use.' Processes or classes of specific applications within industry sectors, including but not limited to those listed in Sections 494.4 and 494.5 of this Part.

(j) 'Flexible Polyurethane.' A non-rigid polyurethane foam.

(k) 'Foam.' A product with a cellular structure formed via a foaming process in a variety of materials that undergo hardening via a chemical reaction or phase transition.

(l) 'Household Refrigerators and Freezers.' Refrigerators, refrigerator-freezers, freezers, and miscellaneous household refrigeration appliances intended for residential use, but does not include household refrigerators and freezers - compact, or household refrigerators and freezers - built-in.

(m) 'Household Refrigerators and Freezers - Built-in.' Any refrigerator, refrigerator-freezer or freezer intended for residential use with 7.75 cubic feet or greater total volume and 24 inches or less depth not including doors, handles, and custom front panels; with sides which are not finished and not designed to be visible after installation; and that is designed, intended, and marketed exclusively to be: installed totally encased by cabinetry or panels that are attached during installation; securely fastened to adjacent cabinetry, walls or floor; and equipped with an integral factory-finished face or accept a custom front panel.

(n) 'Household Refrigerators and Freezers - Compact.' Any refrigerator, refrigerator-freezer or freezer intended for residential use with a total refrigerated volume of less than 7.75 cubic feet (220 liters).

(o) 'Integral Skin Polyurethane.' A self-skinning polyurethane foam.

(p) 'Metered Dose Inhaler, or Medical Dose Inhaler, or MDI.' A device that delivers a measured amount of medication as a mist that a patient can inhale and consists of a pressurized canister of medication in a case with a mouthpiece.

(q) 'Miscellaneous Residential Refrigeration Appliance.' A residential refrigeration appliance smaller than a refrigerator, refrigerator-freezer, or freezer, including coolers, cooler compartments, and combination cooler refrigeration or cooler freezer products.

(r) 'Motor-bearing equipment.' Equipment containing motorized parts. This includes compressors, condensers, and evaporators.

(s) 'New.' Products or equipment that are manufactured after the effective date of this Part or installed with new or used components, expanded by the addition of components to increase system capacity after the effective date of this Part, or replaced or cumulatively replaced after the effective date of this Part such that the cumulative capital cost of replacement exceeds 50% of the capital cost of replacing the whole system.

(t) 'Person.' Any individual, firm, association, organization, manufacturer, distributor, partnership, business trust, corporation, limited liability company, company, state, or local governmental agency or public district.

(u) 'Phenolic Insulation Board and Bunstock.' Boards, blocks, or other shapes fabricated with phenolic foam insulation.

(v) 'Polyolefin.' Foam sheets and tubes made of polyolefin.

(w) 'Polystyrene Extruded Boardstock and Billet (XPS).' Polystyrene foam produced on extruding machines in the form of continuous foam slabs which can be cut and shaped into panels.

(x) 'Polystyrene Extruded Sheet.' Polystyrene foam produced on extruding machines in the form of sheets.

(y) 'Positive Displacement Chiller.' Vapor compression cycle chillers that use positive displacement compressors, typically used for commercial comfort air conditioning intended for comfort cooling, but not cooling for industrial process cooling and refrigeration.

(z)'Prohibition Date.' The date after which new or retrofit equipment or products are prohibited, where applicable.

(aa) 'Refrigerant or Refrigerant Gas.' Any substance, including blends and mixtures, that is used for heat transfer purposes.

(bb) 'Refrigerated Food Processing and Dispensing Equipment.' Retail food refrigeration equipment that is designed to process food and beverages dispensed via a nozzle that are intended for immediate or near-immediate consumption, but not water coolers, or units designed solely to cool and dispense water.

(cc) 'Refrigeration Equipment.' Any stationary device that is designed to contain and use refrigerant gas, including but not limited to retail or commercial refrigeration equipment, household refrigeration equipment, and cold storage warehouses.

(dd) 'Remote Condensing Units.' Retail refrigeration equipment or units that consist of compressor(s), condenser(s), and receiver(s) assembled into a single unit, but where the condensing portion is not located in the space or area cooled by the evaporator.

(ee) 'Residential use.' Use by a private individual of a substance, or a product containing the substance, in or around a permanent or temporary household, during recreation, or for any personal use or enjoyment, but does not mean use within a household for commercial purposes.

(ff) 'Retail Food Refrigeration or Commercial Refrigeration.' Equipment designed to store and display chilled or frozen goods for commercial sale including but not limited to stand-alone units, refrigerated food processing and dispensing equipment, remote condensing units, supermarket systems, and vending machines.

(gg) 'Retrofit.' To convert equipment from one refrigerant to another refrigerant including the conversion of the equipment to achieve system compatibility with the new refrigerant and may include, but is not limited to, changes in lubricants, gaskets, filters, driers, valves, o-rings, or components.

(hh) 'Rigid Polyurethane and Polyisocyanurate Laminated Boardstock.' Laminated board insulation made with polyurethane or polyisocyanurate foam.

(ii) 'Rigid Polyurethane Appliance Foam.' Polyurethane foam in domestic appliances used for insulation.

(jj) 'Rigid Polyurethane Commercial Refrigeration and Sandwich Panels.' Polyurethane foam used to provide insulation in walls and doors of commercial refrigeration equipment.

(kk) 'Rigid Polyurethane High-pressure Two-component Spray Foam.' A liquid polyurethane foam system sold as two parts in non-pressurized containers that is field or factory applied using high-pressure proportioning pumps at 800-1600 pounds per square inch and an application gun to mix and dispense the chemical components.

(ll) 'Rigid Polyurethane Low-pressure Two-component Spray Foam.' A liquid polyurethane foam system sold as two parts in containers that are pressurized to less than 250 pounds per square inch during manufacture of the system for application without pumps and are typically applied in situ relying upon a liquid and/or gaseous blowing agent that also serves as a propellant.

(mm) 'Rigid Polyurethane Marine Flotation Foam.' Buoyancy or flotation polyurethane foam used in boat and ship manufacturing for both structural and flotation purposes.

(nn) 'Rigid Polyurethane One-component Foam Sealants.' A polyurethane foam generally packaged in aerosol cans that is applied in situ using a gaseous foam blowing agent that is also the propellant for the aerosol formulation.

(oo) 'Rigid Polyurethane Slabstock and Other.' A rigid closed-cell polyurethane foam formed into slabstock insulation for panels and fabricated shapes for pipes and vessels.

(pp) 'Stand-alone Unit.' Retail refrigerators, freezers, and reach-in coolers (either open or with doors) where all refrigeration components are integrated and, the refrigeration circuit may be entirely brazed or welded; systems fully charged with refrigerant at the factory and typically require only an electricity supply to begin operation.

(qq) 'Stand-alone Low-Temperature Unit.' A stand-alone unit that maintains food or beverages at temperatures at or below 32°F (0 °C).

(rr) 'Stand-alone Medium-Temperature Unit.' A stand-alone unit that maintains food or beverages at temperatures above 32°F (0 °C).

(ss) 'Substance.' Any chemical intended for use in the end-uses listed in Section 494.4 of this Part.

(tt) 'Supermarket Systems.' Multiplex or centralized retail food refrigeration equipment systems designed to cool or refrigerate, which typically operate with racks of compressors installed in a machinery room and which includes both direct and indirect systems. For the purposes of this rule, a supermarket system is considered manufactured on the date upon which the refrigerant circuit is complete, the system can function, the system holds a full refrigerant charge, and the system is ready for use for its intended purpose.

(uu) 'Use.' Any utilization of a compound or any substance, including but not limited to utilization in a manufacturing process or product in New York State, consumption by the end-user in the State of New York, or in intermediate applications in the State of New York, such as formulation or packaging for other subsequent applications. For the purposes of this regulation, use excludes residential use, but does not exclude manufacturing for the purpose of residential use.

(vv) 'Vending Machines.' Self-contained commercial food refrigeration equipment that dispense goods that must be kept cold or frozen.

§ 494.4 Prohibitions.

No person may sell, supply, offer for sale, install, use, or enter into commerce, in the State of New York, any listed substance for use in any end-use listed in the following table, unless an exemption is provided for in Section 494.5 of this Part.

(a) End-Use Category - Aerosol Propellants

(b) End-Use Category - Air Conditioning

(c) End-Use Category - Refrigeration

(d) End-Use Category - Foam

§ 494.5 Exemptions

The following table lists exemptions to the prohibitions listed in Section 494.4 of this Part.

(a) Table of Acceptable Uses

§ 494.6 Administrative Requirements

(a) Any person who manufactures for sale or entry into commerce in the State of New York new motor-bearing equipment or new foam products in the end-uses listed and after the applicable prohibition dates in Section 494.4 of this Part, must provide: (i) a written disclosure statement to the buyer as part of the sales transaction and invoice; or (ii) a label on the equipment, product, or its packaging.

(b) The written disclosure statement or label may be combined with such statements required by other jurisdictions.

(c) The written disclosure statement or label must state that the motor-bearing refrigeration equipment or foam product may only be used in the State of New York with substances that are in compliance with New York State regulations.

(d) If not combined with a written disclosure statement required by another jurisdiction, the written disclosure shall include the following statement signed by an authorized representative of the manufacturer: "I certify under penalty of law that the statements and information submitted in this document are to the best of my knowledge and belief true, accurate, and complete."

§ 494.7 Record-Keeping Requirements.

(a) As of the applicable prohibition date listed in Section 494.4 of this Part, any person who manufactures for sale or entry into commerce in the State of New York new motor-bearing equipment or new foam product in the end-uses listed in Section 494.4 of this Part must maintain for five years and make available within 90 days upon request by the Department a copy of the following information:

1. Name, address, telephone number, and email address of the person purchasing the equipment or foam product, where provided to the manufacturer;
2. The type of equipment or foam product end-use;
3. Model and serial number of the equipment or foam product, where applicable. When the affected equipment is part of an assembly without an individual serial number, the serial number of each component must be recorded. If a component or equipment does not have an individual serial number or the serial number is inaccessible after assembly, the physical description must be recorded in enough detail for positive identification;
4. Date of manufacture of the equipment or foam product;
5. Date of sale of the equipment or foam product;
6. The substances that are intended to be used with the equipment or foam product;
7. The full charge capacity of the equipment or container, where applicable; and
8. A copy of the written disclosure statement or label issued to the buyer or recipient.

§ 494.8 Severability.

Each provision of this Part shall be deemed severable, and in the event that any provision of this Part is held to be invalid, the remainder of this Part shall continue in full force and effect.