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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, 105 KB)), pending the Court's decision on Petitioners-Plaintiffs' request for a preliminary injunction. 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.

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