Adopted Part 222, Distributed Generation Sources
On March 1, 2017, the Department's recently adopted 6 NYCRR Part 222 regulation was challenged in the Supreme Court of the County of Albany. As part of that litigation, the Petitioners-Plaintiffs are seeking a preliminary injunction. The parties have agreed to stay the implementation and enforcement of 6 NYCRR Part 222 (see Stipulation (PDF)), pending the Court's decision on Petitioners-Plaintiffs' request for a preliminary injunction. The Department expects a decision from the Court in May. The Department will update this site when the Court issues a decision.
Distributed generation (DG) sources are engines used by a site to supply electricity outside that which is supplied by the electrical grid. This on-site generation of electricity by DG sources is used by a wide-range of facilities either in non-emergency situations that reduce demand on the electric grid and preserve the overall reliability of the grid, or in emergency situations when the usual supply of power from central station power plants becomes unavailable.
The Department adopted 6 NYCRR Part 222, 'Distributed Generation Sources' on November 1, 2016 and made conforming revisions to Part 200, 'General Provisions' and Subpart 227-2, 'Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOx)' to establish emission standards, monitoring requirements and record keeping requirements for certain DG sources in New York State. The rule applies to DG sources not currently regulated under Subpart 227-2 or subject to a federal New Source Performance Standard (NSPS), as long as the federal standards are less than or equal to the Part 222 emission limits. The rule takes effect on December 1, 2016.
More about Adopted Part 222, Distributed Generation Sources:
- Parts 222, 200 and Subpart 227-2 Revised Express Terms Summary - Summary of changes to Parts 222, 200 and Subpart 227-2.
- Express Terms 6 NYCRR Subpart 227-2, Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOx) - Proposed changes to Subpart 227-2 as related to proposed Part 222.
- Adopted 6 NYCRR Part 222, Distributed Generation Sources Revised Express Terms - These are the express terms as adopted.
- Part 200 Revised Express Terms, as related to Adopted Part 222 - Changes to Section 200.9, Table 1, as related to Part 222.
- Parts 222, 200 and Subpart 227-2 Revised Regulatory Impact Statement Summary - A summary of the Regulatory Impact Statement.
- Parts 222, 200 and Subpart 227-2 Revised Regulatory Impact Statement - A general overview of the regulation detailing, among other things, the statutory authority, need for and justification of the proposal, expected cost and recordkeeping/reporting impacts, and compliance schedule.
- Parts 222, 200 and Subpart 227-2 Revised Job Impact Statement - Necessary for all regulations affecting 100 or more jobs and employment opportunities, this document details the number and categories of jobs affected, regions of the state suffering a disproportionate impact, and measures taken to minimize any impact on jobs and employment opportunities.
- Parts 222, 200 and Subpart 227-2 Revised Rural Area Flexibility Analysis - Defined as counties with populations of fewer than 200,000 people and towns in non-rural counties where population density is less than 150 people per square mile, this must state any impacts or requirements imposed upon rural areas. This must also express opportunities provided for rural citizens, businesses or organizations to participate in the rulemaking.
- Part 222 and Subpart 227-2 Revised Regulatory Flexibility Analysis for Small Businesses and Local Governments - Consideration of, and steps taken by the Department, to minimize any negative impacts on small businesses (independently owned businesses wholly within New York State of 100 employees or fewer) or local governments. This includes an explanation of what opportunities were provided to these entities to participate in the rulemaking process.
- Parts 222, 200, and Subpart 227-2 Assessment of Public Comment Summary - Summary of public comments.