New York State to phase out 'super pollutants,' despite cost concerns

ALBANY — The state has restricted the use of "super pollutant" gases used in food stores, hospitals, high-tech bio storage facilities and other businesses that require refrigeration, despite warnings by commercial interests that the measure will be too costly for some enterprises to stay in business.

The state Department of Environmental Conservation this week issued rules to dramatically limit and phase out use of hydrofluorocarbons and sulfur hexafluoride used for refrigeration and large-scale air conditioning. The federal government has determined the gases are major contributors to climate change.

The state agency is also developing a grant program to help businesses prepare for the transition to natural refrigerants that state officials say will ultimately be less expensive once equipment is replaced. The rule will have no direct costs to consumers and won’t require replacement of equipment until the "end of the useful life," according to DEC spokesman John J. Salka III.

Several businesses including neighborhood convenience stores, however, heavily lobbied Gov. Kathy Hochul to reject the proposed rule. The businesses said the rule is being issued too fast and replacing cooling systems would cost even small stores hundreds of thousands of dollars.

Provisions of the rule begin to phase in on Jan. 1 for companies and public-sector entities, including hospitals and universities.

The proposed regulation would require "widespread replacement of equipment and systems across all of New York" and force some operators to close, according to a letter to Hochul from the state Business Council, the Long Island Association business group and other organizations. In November, the businesses contended the phrase "end of useful life" of equipment will mean companies must replace their current systems even if they could be repaired.

The business groups had no immediate comment Tuesday.

The state, however, said the measure is a major piece in complying with the reduction of greenhouse gases required by the state’s 2019 Climate Leadership and Community Protection Act.

The new rule "will help phase down the use of these climate pollutants over time and bolster the use of alternatives that are better for public health and our shared environment and more cost-effective for impacted businesses," the agency’s interim commissioner, Sean Mahar, said.

Several environmental groups support the new rule.

"New York State is sending clear market signals that will drive industries away from these climate super pollutants and toward alternatives that are compatible with a stable climate future," Richie Kaur, of the Natural Resources Defense Council, said. "These regulations would largely phase out the use of hydrofluorocarbons and sulfur hexafluoride over the next two decades, in alignment with New York's ambitious climate targets, making them a prime example of what decisive climate action looks like."

By Michael Gormley

michael.gormley@newsday.com@GormleyAlbany

Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.