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Adopted 6 NYCRR Part 222, Distributed Generation Sources Revised Express Terms

Section 222.1 Applicability.

(a) This Part applies to owners and operators of distributed generation sources:

(1) in the New York City metropolitan area with a maximum mechanical output rating of 200 horsepower or greater and the potential to emit oxides of nitrogen less than the major source threshold set forth in subdivision 201-2.1(b)(21) of this Title; and

(2) outside the New York City metropolitan area with a maximum mechanical output rating of 400 horsepower or greater and the potential to emit oxides of nitrogen less than the major source threshold set forth in subdivision 201-2.1(b)(21) of this Title.

(b) Owners and operators of distributed generation sources that are emergency power generating stationary internal combustion engines meeting the conditions stated in subdivision 222.1(a) of this Part, are only subject to the following provisions of this Part: 222.3(b), 222.4(b), 222.7(a), 222.7(c) and 222.7(d).

(c) Until April 30, 2021, facilities owned and operated by a municipality or municipal agency may run emergency power generating stationary internal combustion engines, even when the usual supply of power is available, if doing so would prevent a violation of the Clean Water Act (33 U.S.C. §§1251-1387), the New York State Environmental Conservation Law Article 17 (NYS ECL Article 17), Water Pollution Control, or any state or federal regulation related to the Clean Water Act or NYS ECL Article 17. These hours will be counted towards the 500 hour limit on operation time for the emergency power generating stationary internal combustion engine. Beginning May 1, 2021, such sources will be subject to the emission limits set forth in Section 222.4 of this Part at all times.

Section 222.2 Definitions.

(a) The definitions of Part 200 and Part 201-2 of this Title apply to this Part, unless they are inconsistent with the definitions in subdivision (b) of this Section.

(b) The following definitions also apply to this Part:

(1) 'Commence operation'. To have begun any mechanical, chemical, or electronic process including the start-up of the combustion chamber of a distributed generation source at a facility.

(2) 'Distributed generation source'. A stationary reciprocating or rotary internal combustion engine that feeds into the distribution grid or produces electricity for use at the host facility or both. This includes emergency power generating stationary internal combustion engines.

(3) 'Economic dispatch source'. A distributed generation source used to reduce energy costs or ensure a reliable electricity supply for a facility. A distributed generation source that is not an emergency power generating stationary internal combustion engine as defined in section 200.1 is considered to be an economic dispatch source.

(4) 'Nominal full load'. The maximum rating a source can be operated at on a continuous basis.

(5) 'Pollution control device'. Post-combustion control equipment designed to remove particulate matter from the exhaust stream of a distributed generation source.

(6) 'Renewable generation system'. Photovoltaic or wind power electricity generating systems.

(7) 'Tune-up'. Adjustments made to a distributed generation source in accordance with procedures supplied by the manufacturer or an approved specialist to optimize the combustion efficiency.

Section 222.3 General provisions.

(a) An owner or operator of a distributed generation source subject to paragraph 222.1(a)(1) or 222.1(a)(2) of this Part must obtain a registration certificate or permit issued in accordance with Part 201 of this Title, prior to operating as an economic dispatch source. Emergency power generating stationary internal combustion engines are exempted from requirements under Part 222.3(a).

(1) By January 2, 2017, an owner or operator of an economic dispatch source required to operate under a registration certificate or permit issued by the Department prior to the effective date of this Part must notify the Department in writing whether the source will operate only as an emergency power generating stationary internal combustion engine or continue to operate as an economic dispatch source. In addition, an owner or operator must notify the Department in writing by January 2, 2017 if a source will be permanently shut-down in accordance with subdivision 222.5(d) or converted from a diesel-fired economic dispatch source to a natural gas-fired source in accordance with subdivision 222.5(e) of this Part.

(2) If an owner or operator of an economic dispatch source subject to this Part fails to notify the Department as required by paragraph 222.3(a)(1) of this Part, the source will be considered an economic dispatch source.

(b) Maintenance and testing of emergency power generating stationary internal combustion engines may not be conducted between the hours of 1:00 pm and 8:00 pm from May 1 through September 30 of each year.

Section 222.4 Control requirements.

(a) An owner or operator of an economic dispatch source subject to this Part must comply with the following emission limits by May 1, 2017:

(1) NOx emission limits for economic dispatch sources.

(i) combined cycle combustion turbines firing natural gas: 25 parts per million on a dry volume basis corrected to 15 percent oxygen;

(ii) combined cycle combustion turbines firing oil: 42 parts per million on a dry volume basis corrected to 15 percent oxygen;

(iii) simple cycle combustion turbines firing natural gas: 50 parts per million on a dry volume basis corrected to 15 percent oxygen;

(iv) simple cycle combustion turbines firing oil: 100 parts per million on a dry volume basis corrected to 15 percent oxygen;

(v) reciprocating engines firing natural gas: 1.5 grams per brake horsepower-hour;

(vi) reciprocating engines firing distillate oil (solely or in combination with other fuels): 2.3 grams per brake horsepower-hour.

(2) Particulate matter (PM). Economic dispatch sources subject to this Part firing diesel fuel must meet a PM emission limit of 0.30 grams per brake horsepower-hour; or must be equipped with a pollution control device designed to remove 85 percent or more of the PM from the exhaust stream.

(b) Tune-up. Each distributed generation source must be tuned-up at least once every 12 months. The first tune-up must be conducted within 12 months after the source commenced operation or within one year of the effective date of this Part, whichever is later.

Section 222.5 Alternative Compliance Options.

(a) The owner or operator of an economic dispatch source that cannot meet the NOx emission limit set forth in Section 222.4 of this Part may submit a request to the Department for a higher source-specific emission limit. The owner or operator of the source must demonstrate to the satisfaction of the Department that it is economically or technically infeasible to meet the applicable emission limit.

(b)The owner or operator of an economic dispatch source that provides evidence of participation in a demand response program established to maintain reliability of the electric grid during calendar years 2014 or 2015 is not required to meet the NOx emission limits set forth in Section 222.4 of this Part until May 1, 2018 provided that the owner or operator meets the following provisions:

  1. The owner or operator complies with the notification requirements in 222.3(a)(1); and
  2. The owner or operator does not pledge an amount of generation during calendar year 2017 that exceeds the maximum amount pledged during calendar years 2014 or 2015.

The Department may extend the compliance date for sources subject to this subdivision until May 1, 2019 based, at least in part, on a determination by the New York State Department of Public Service that an extension is needed to preserve reliability of the electric grid in the particular zone or subzone in which an affected source is located.

(c) An owner or operator of an economic dispatch source that seeks coverage under Section 222.5(b) is not eligible for an alternative compliance option under 222.5(a).

(d) The owner or operator of an economic dispatch source that commenced operation prior to the effective date of this Part may comply with this Part by permanently shutting down the distributed generation source prior to May 1, 2018. The intent to shut down must be recorded as part of an enforceable permit modification prior to May 1, 2017. An additional one-year extension, to May 1, 2019, may be granted in cases where natural gas is not available as a fuel source for a new distributed generation source and the owner or operator notifies the Department of its intent to gain access to a natural gas supply on or before April 1, 2018.

(e) An owner or operator of a diesel-fired economic dispatch source subject to this Part that is converted to fire natural gas must comply with the appropriate emission limits set forth in Section 222.4 by May 1, 2018. The intent to convert the source must be recorded as part of an enforceable permit modification prior to May 1, 2017. An additional one-year extension, to May 1, 2019, may be granted in cases where natural gas is not available as a fuel source and the owner or operator notifies the Department of its intent to gain access to a natural gas supply on or before April 1, 2018.

(f) The owner or operator of a facility that uses renewable generation systems to generate electricity to serve facility load may factor the electricity generated by the renewable generation source into demonstrating compliance with the applicable NOx standard by using the following equation to compare an effective emission rate with the NOx emission limits for reciprocating engines set forth in subparagraphs 222.4(a)(1)(v-vi) of this Part:

(1) E = 0.338*N/(D + R)

where:

E = effective emission rate (grams per brake horsepower-hour);

N = NOx emissions (pounds);

D = electricity generated by the distributed generation source (megawatt-hours); and

R = electricity generated by the renewable generation system (megawatt-hours).

(2) Compliance with Section 222.5(f) must be demonstrated on a 30-day rolling average. Compliance records must be maintained at the facility for five years.

Section 222.6 Emissions testing.

(a) An emissions test must be conducted by April 30, 2017, on all distributed generation sources subject to one or more emission limits in Section 222.4 of this Part.

(1) Exception. PM emissions testing is not required for a diesel-fired distributed generation source equipped with a pollution control device verified by the California Air Resources Board as meeting the Level 3 or Level 3 Plus Classification per California Code of Regulations, Title 13, Sections 2700 through 2711 (see Table 1, Section 200.9 of this Title).

(b) Emission test requirements.

(1) The owner or operator of a distributed generation source must notify the Department in writing at least 60 calendar days prior to the scheduled date of an emissions test. The Department may require the owner or operator to submit written test protocols for review and approval. In such case, the emissions test may not commence until 15 calendar days following the Department's approval of the protocols.

(2) Emission test methods. The following EPA test methods must be used:

(i) NOx: Method 7E pursuant to 40 CFR 60, Appendix A (see Table 1, Section 200.9 of this Title);

(ii) PM: Method 5 pursuant to 40 CFR 60, Appendix A (see Table 1, Section 200.9 of this Title).

(3) Additional protocols.

(i) Each emissions test must be conducted at the nominal full load of the source for each pollutant that has an applicable emission limit.

(ii) The span of the monitoring system must be selected such that the pollutant gas concentration equivalent to the emission limit is not less than 30 percent of the span.

(4) Emission test reports. The owner or operator of a distributed generation source must submit an electronic copy of the emission test report to the Department within 60 calendar days after the completion of the tests. In addition, the data collected during the test must be available to the Department in an electronic format acceptable to the Department.

(5) Additional testing. Emissions tests must be conducted every 10 years.

Section 222.7 Recordkeeping.

(a) The Department may enter a facility to inspect a distributed generation source subject to the requirements of this Part, and any records, papers, log books, and operational data maintained pursuant to this Part. Upon request, all records, papers, log books and operational data maintained pursuant to this Part must be made available to the Department.

(b) Emission test results must be maintained at a facility for ten years from the date of the emission test.

(c) Records of tune-ups must be maintained in a bound log book or an electronic format and must be kept at the facility for at least five years after the date of the last entry. The following information must be contained in the log book for each tune-up:

(1) date that each distributed generation source was tuned-up;

(2) name, title and affiliation of the person(s) who conducted the tune-up;

(3) description of the tasks performed during the tune-up;

(4) results of the tune-up; and

(5) other information that the Department may require as a condition of approval of any permit.

(d) The following operational data must be recorded for each distributed generation source subject to this Part in a format acceptable to the Department. The data must be recorded monthly and maintained at the facility for five years from the date the data were recorded.

(1) hours of operation;

(2) type and quantity of fuel(s) used or purchased;

(3) electricity generated by the distributed generation source in megawatt-hours; and

(4) electricity generated by renewable generation systems subject to paragraph 222.5(c) of this Part in megawatt-hours.

Section 222.8 Severability.

Each provision of this Part shall be deemed severable. If any provision of this Part is held to be invalid, the remainder of this Part shall continue in full force and effect.


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