Climate Change Regulatory Revisions

Climate Change Regulatory Revisions 

Questions or submissions related to these regulations may be emailed to [email protected] or sent by mail to NYSDEC Office of Climate Change, 625 Broadway, Albany, NY 12233-1030. Include the Part number (such as “Part 490”) in the subject line of the email.

For updates on regulations and related programs from the Office of Climate Change, please sign up for the Distribution List and specify which regulation, variance application, or related program you are interested in following.

Proposed Rulemakings

There are no proposed regulations at this time.

Adopted Regulations

Part 490 Projected Sea-Level Rise

On September 22, 2014, the Community Risk and Resiliency Act was signed into law -- 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 DEC to adopt regulations establishing science-based State sea-level rise projections. Therefore, DEC 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. An amended Part 490 was adopted in September 2024 with no revisions to the draft released for public comment in January 2024.

Part 490 Regulation (PDF) – Express Terms

Part 490 Revised Regulation (PDF) – Changes to Part 490 Express Terms

Part 490 Regulatory Impact Statement (PDF) – Revised September 2024

Part 490 Assessment of Public Comments (PDF)

Part 490 Supplemental Documents (PDF)

Part 492, Climate Smart Community Projects

DEC has adopted amendments to 6 NYCRR Part 492, which governs the procedures applicable to climate smart community projects, including the zero-emission vehicle (ZEV) rebate program, ZEV infrastructure grant program, and climate smart communities grant program, authorized by Environmental Conservation Law §§ 1-0101, 3-0301, art. 54, title 15, and 58-0703. The amendments repeal the current rule and add a new Part 492 that is restructured to simplify and clarify the three separate programs. The changes to Part 492 also ensure consistency of the regulation with the statutory requirements, provide additional flexibility and eligibility for the administration of the program, and make other procedural improvements.  

Part 492 Regulation (PDF) - Revised Express Terms

Part 492 Regulatory Impact Statement (PDF) - Revised

Part 492 Assessment of Public Comments (PDF)

Part 492 Supplemental Documents (PDF) 

Part 494, Hydrofluorocarbon Standards and Reporting

DEC has amended 6 NYCRR Part 494, Hydrofluorocarbon Standards and Reporting, which establishes prohibitions on certain substances in certain products and systems based on their Global Warming Potential, a phasedown in the sale of virgin HFC substances, a Refrigerant Management Program with controls on the leakage of HFCs in existing equipment, a Supermarket Refrigerant Program to phasedown HFC emissions from the largest sources, and certain labeling, reporting, and record-keeping requirements for suppliers of HFCs and HFC-containing products.

DEC has also issued the following Enforcement Discretion (ED) letters regarding the Part 494 regulation. Review the full ED letter for further information including regarding  applicability.

In Effect:

• Small businesses in DACs installing new “remote condensing units” using substances with a GWP100 less than 1400, until December 31, 2027 (issued April 1, 2026 (PDF))
• ALD systems and outdoor components, until December 31, 2027 (issued April 23, 2025 (PDF))
• Sales of virgin R-404A and R-507A in bulk containers until December 31, 2025 and extended until March 31, 2026 (issued January 31, 2025 (PDF) and July 21, 2025 (PDF)) currently extended by court order until further notice.
• Pending “force majeure” variance applications, until December 31, 2027 (see January 31, 2025 ED (PDF))

No Longer in Effect

• Intermodal Containers, until January 1, 2026 (issued March 12, 2025 (PDF))  

Please visit the Part 494/495 Requirements webpage for more information and instructions for applying for a variance or submitting registration, reports, or other documents.

Additional Information

Frequently Asked Questions (PDF) – Revised May 2026

Part 494 Fact Sheet (PDF) – Revised May 2025

Regulatory Documents

Part 494 Regulation (PDF) – Express Terms

Part 494 Revised Express Terms (PDF) –2024 changes compared to original 2020 Part 494 Express Terms

Part 494 Regulatory Impact Statement (PDF) – Revised December 2024

Part 494 Assessment of Public Comments (PDF)

Part 494 Supplemental Documents (PDF) - Summary of the APC, RIS, and Express Terms

Part 495, Sulfur Hexafluoride Standards and Reporting

DEC has adopted 6 NYCRR Part 495, “Sulfur Hexafluoride Standards and Reporting.” This regulation establishes a phasedown of the use of SF6 in gas insulated equipment used by the electricity sector, an emissions limit for gas insulated equipment owners, limitations on the use of SF6, and reporting requirements for certain users and suppliers of SF6 and other fluorinated greenhouse gases or products that contain them. 

Please visit the Part 494/495 Requirements webpage for more information.

Part 495 Regulation (PDF) – Express Terms

Part 495 Regulatory Impact Statement (PDF) – Revised December 2024

Part 495 Assessment of Public Comments (PDF)

Part 495 Supplemental Documents (PDF) – Summary of the APC, RIS, and Express Terms

Part 496 Statewide Greenhouse Gas Emission Limits

Part 496, Statewide Greenhouse Gas Emission Limits Adopted Regulation (PDF)

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.