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Climate Change Regulatory Revisions

6 NYCRR Chapter IV

Subchapter I Climate Change

Pre-Proposal - Part 495, Sulfur hexafluoride Standards and Reporting

DEC is developing a new Part 495 regulation to reduce annual greenhouse gas emissions of SF6 primarily from gas-insulated equipment (GIE) in the electricity sector, establish reporting, and phaseout installation of new sulfur hexafluoride GIE per the recommendations of the New York State Climate Action Council Scoping Plan and following the requirements of the Climate Leadership and Community Protection Act (Chapter 106 of the Laws of 2019). Two informational webinars were provided on May 23 and 24, 2023. Feedback and questions can be sent to using the subject heading "Part 495 SF6 Standards and Reporting".

Part 495 Pre-proposal Slide Presentation (PDF)

DEC is currently seeking additional feedback on requirements for suppliers of sulfur hexafluoride (SF6), hydrofluorocarbons (HFCs), or substitutes for these substances to register, retain records, and report annually on sales in New York State by October 11, 2023. Additionally, DEC is considering limiting the use and sale of sulfur hexafluoride to known and essential uses. Additional details are provided in the document below. Feedback and questions can be sent to using the subject heading "Comments on F-Gas Suppliers".

Request for Feedback - Suppliers of Fluorinated Greenhouse Gases (PDF)

Adopted - Part 496, Statewide Emissions Limits

DEC has adopted 6 NYCRR Part 496, Statewide Greenhouse Gas Emission Limits. This rule adopts limits on the emission of greenhouse gases in 2030 and 2050, as a percentage of 1990 emissions, per the requirements of the Climate Leadership and Community Protection Act. It applies to all emission sources in the State, but the rule does not itself impose compliance obligations.

Adopted - Part 494, Hydrofluorocarbon Standards and Reporting

DEC has adopted 6 NYCRR Part 494, Hydrofluorocarbons Standards and Reporting, which establishes prohibitions on substances in new and retrofitted equipment and products previously included in the US Environmental Protection Agency's Significant New Alternatives program. The adopted rules also include related administrative and record-keeping requirements for manufacturers.

Adopted - Part 492, Climate Smart Community Projects

NYS DEC is proposing a new 6 NYCRR Part 492, Climate Smart Community Projects, describing "clean vehicle projects" and "climate adaptation and mitigation projects," authorized by Environmental Conservation Law. "Clean vehicle projects" include rebates available to municipalities for the purchase or lease of eligible vehicles (up to $5,000 per vehicle), and eligible infrastructure projects which support the public charging and/or fueling of eligible vehicles (up to $250,000 per facility). "Climate adaptation and mitigation projects" include competitive state assistance payments available to municipalities for climate adaptation and mitigation projects (up to $2,000,000) including, but not limited to, natural resiliency measures, nature based mitigation projects, relocation or retrofit of existing facilities due to flooding or sea level rise, greenhouse gas emissions reduction outside the power sector, and climate change adaptation planning and supporting studies. Authorizing legislation in Title 15 of the Environmental Protection Fund requires the Department to promulgate rules and regulations to implement this title.

Adopted - Part 490, Projected Sea-Level Rise

On September 22, 2014, the Governor signed into law the Community Risk and Resiliency Act, Chapter 355 of the Laws of 2014 (CRRA). CRRA is intended to ensure that decisions regarding certain State permits and expenditures consider climate risk, including sea-level rise. Among other things, CRRA requires the Department of Environmental Conservation (Department) to adopt regulations establishing science-based State sea-level rise projections. Therefore, the Department proposed a new 6 NYCRR Part 490, Projected Sea-level Rise (Part 490). Part 490 establishes projections of sea-level rise in three specified geographic regions over various time intervals, but does not impose any requirements on any entity.

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