Final Rules Governing the Recovery of Refrigerants

Adopted Rules: Closed to Comments

Effective Date: 
Sunday, June 1, 2014
Download Copy of Adopted Rule (.pdf): 

Statement of Basis and Purpose

Local Law 69 of 2013 makes original equipment manufacturers (“OEMs”) responsible for the lawful recovery of refrigerants from their refrigerant-containing appliances when their appliances are discarded by residents. Despite this requirement, the Department will continue to provide its own refrigerant removal program in which OEMs can participate for a fee. OEMs can also choose to establish their own recovery program or participate with other OEMs in a refrigerant recovery program. The fee imposed by this rule will allow the Department to recover a portion of the program costs incurred through servicing OEMs’ appliances. The purpose of the rule is to carry out the requirements of Local Law 69 of 2013 by establishing the requirements for OEMs’ refrigerant recovery programs for appliances that are being disposed of by “residential generators” in the city of New York. “Residential generators” are any person, entity, agency, or institution in the city of New York that receives solid waste or recycling collection service from the department. Specifically, the rule: • Establishes the registration requirements for OEMs of refrigerant-containing appliances, • Requires that OEMs indicate whether they plan to establish their own refrigerant recovery program, participate with other OEMs in a refrigerant recovery program, or have their appliances serviced by the Department’s refrigerant recovery program, • Establishes the fee that an OEM must pay if refrigerant is removed from an OEM’s appliance by the department, • Establishes annual reporting requirements for any OEM who establishes its own refrigerant recovery program or participates with OEMs in a refrigerant recovery program, and, • Establishes violations and fines for failure to comply with certain requirements of the rule. DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and section 16-485 of the New York City Administrative Code. This rule also repeals the current Chapter 17 of Title 16 of the Rules of the City of New York, which relates to the collection, recycling and reuse of electronic equipment, because the local laws that authorized Chapter 17, Local Laws 13 and 21 of 2008, were preempted by New York State law through Chapter 99 of 2010. DSNY’s authority for this repeal is found in sections 753 and 1043(a) of the New York City Charter. After careful consideration of all public comments regarding this rule, DSNY decided to modify the rule in order to clarify the information that DSNY will include, if practicable, in the biannual bill that it sends to OEMs.