Part 494 Variance Application and Public Comment

Regulated business entities under Part 494 “Hydrofluorocarbon Standards and Reporting” may be subject to requirements of the rule as suppliers and owners or operators. Some requirements start on the effective date of January 9, 2025. More information can be found on the Requirements for Suppliers and Owners or Operators webpage.

Entities can apply for a variance to the rule. The Part 494 variance application electronic form is now available. Please note all applicants will be required to have a ny.gov account. For help with ny.gov account creation and general nForm access, please visit DEC's nForm webpage.

A variance is a formal request to the agency for temporary relief from a regulation for that specific entity. Variance requests for Part 494 are allowable for economic hardship, impossibility, and force majeure and are subject to a public review and comment process. 

Variances Available for Public Comment 

DEC has received the following variance applications. Please see below for the variance applications currently available for public comment. Variance applications will be posted as they are received, and determinations by DEC will be posted on a rolling basis. 

Please fill out the public comment form to submit public comments on a specific variance application. All public comments will be reviewed by DEC before issuing a final determination. For any questions or to submit public comments via email, contact [email protected]. 

To submit comments via mail, please send to NYSDEC Office of Climate Change, 625 Broadway, Albany, NY 12233-1030. Please include the name of the variance application you are commenting on in the subject line. 

For more information about Part 494, the regulation express terms, supplemental documents, frequently asked questions, and a fact sheet, please visit DEC’s Climate Change Regulatory Revisions webpage. To receive notifications of variance applications and decisions, please sign up for the Climate Change Regulation Distribution List and select “Variance Application" or all updates for Part 494.