Department of Environmental Conservation

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Parts 222 and 200 Revised Regulatory Impact Statement

I. Introduction

The Department of Environmental Conservation (Department or DEC) adopted 6 NYCRR Part 222, "Distributed Generation Sources," along with attendant revisions to 6 NYCRR Part 200, "General Provisions," on November 1, 2016. That rule took effect on December 1, 2016. On March 1, 2017, an Article 78 Petition was filed challenging various aspects of Part 222. On July 26, 2017, a Stipulation and Order was issued whereby the Department agreed to propose a new rule pursuant to the State Administrative Procedure Act to replace the adopted rule. The purpose of this rule making is to promulgate a new Part 222.

Distributed generation (DG) sources are engines used by host sites to supply electricity outside that supplied by distribution utilities. This on-site generation of electricity by DG sources is used by a wide-range of commercial, institutional and industrial facilities either in non-emergency situations when electricity costs are high (price-responsive generation), to reduce demand on the electric grid (demand response), or in emergency situations when the usual supply of power from central station power plants becomes unavailable. Currently, the exact number of DG sources in New York is not known, but the Northeast States for Coordinated Air Use Management (NESCAUM) estimated that there may be more than 15,000 diesel generators in the state1 that provide electricity in times of high demand or during emergency events.

Since 2001, the New York Independent System Operator (NYISO) and distribution utilities in New York have called upon owners of uncontrolled, primarily diesel-fired, engines to generate electricity for the host facility on high demand days in order to reduce demand on the electric grid. Sources enrolled in these programs, referred to as 'demand response programs,' are generally called upon to operate on hot summer days when ozone levels may exceed the ozone National Ambient Air Quality Standards (NAAQS). The use of uncontrolled DG sources in demand response programs (referred to herein as 'demand response' or 'DR' sources) has correspondingly led to increased emissions from uncontrolled sources previously used exclusively in emergency situations. As further detailed in this document, the emissions associated with the use of DR sources, especially during periods when ground-level ozone concentrations are high, negatively impact the state's ability to attain the 2008 and 2015 ozone NAAQS as required by the Clean Air Act (CAA). As noted, most DR sources are not currently regulated and produce air pollution, including nitrogen oxides (NOx), a precursor to ground-level ozone and particulate matter (PM) - both of which have been linked to adverse public health impacts. The use of DR sources in the New York City metropolitan area (NYMA), if left unchecked, will exacerbate public health impacts and make it very difficult for New York to meet its obligations under the CAA including attainment of the 2008 and 2015 ozone NAAQS.

In addition, the Public Service Commission's Reforming the Energy Vision (REV) initiative is expected to result in an increased reliance on distributed resources over central station power. Part 222 is necessary to prevent NOx emissions from price-responsive generation sources from adversely impacting New York's ability to attain the 2008 and 2015 ozone NAAQS.

Therefore, the Department is proposing a new Part 222, 'Distributed Generation Sources' and conforming revisions to Part 200, 'General Provisions' to establish control, monitoring and record keeping requirements for certain DG sources located in the NYMA ozone nonattainment area which are not currently regulated under 6 NYCRR Subpart 227-2, "Reasonably Available Control Technology (RACT) for Major Facilities of Oxides of Nitrogen (NOx)."

II. Summary of Rule

As explained in more detail below, the proposed rule will apply to economic dispatch sources with output ratings of 200 horsepower (hp) or greater in the NYMA. Economic dispatch includes DG sources enrolled in demand response programs sponsored by the NYISO or distribution utilities that receive capacity or energy payments or both. In addition, price-responsive generation sources, defined in Part 222 as DG sources used to provide electricity when the cost of electricity supplied by the distribution utility is high, are also covered under the definition of economic dispatch sources. Subject economic dispatch sources will be required to meet emission control requirements beginning May 1, 2021. The proposed rule also sets forth certain monitoring, maintenance and record keeping requirements for these economic dispatch sources.

The Department is planning to incorporate revised Part 222 and the attendant revisions to Part 200 into New York's State Implementation Plan (SIP) and provide the revised SIP to EPA for review and approval.

III. Statutory Authority

The statutory authority for the promulgation of Part 222 and the attendant revisions to Part 200 is found in the New York State Environmental Conservation Law (ECL), Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0311, 71-2103 and 71-2105.

ECL Section 1-0101. This section declares it to be the policy of the State to conserve, improve and protect its natural resources and environment and control air pollution in order to enhance the health, safety and welfare of the people of the State and their overall economic and social well-being. Section 1-0101 further expresses, among other things, that it is the policy of the State to coordinate the State's environmental plans, functions, powers and programs with those of the federal government and other regions and manage air resources so that the State may fulfill its responsibility as trustee of the environment for present and future generations. This section also provides that it is the policy of the State to foster, promote, create and maintain conditions by which man and nature can thrive in harmony by providing that care is taken for air resources that are shared with other states.

ECL Section 3-0301. This section empowers the Department to coordinate and develop programs to carry out the environmental policy of New York State set forth in Section 1-0101. Section 3-0301 specifically empowers the Department to provide for the prevention and abatement of air pollution; cooperate with officials and representatives of the federal government, other states and interstate agencies regarding problems affecting the environment of New York State; encourage and undertake scientific investigation and research on the ecological process, pollution prevention and abatement, and other areas essential to understanding and achievement of the environmental policy set forth in Section 1-0101; monitor the environment to afford more effective and efficient control practices; identify changes in ecological systems and to warn of emergency conditions; enter into contracts with any person to do all things necessary or convenient to carry out the functions, powers and duties of the Department; and adopt such regulations as may be necessary, convenient or desirable to effectuate the environmental policy of the State.

ECL Section 19-0103. This section declares that it is the policy of New York State to maintain a reasonable degree of purity of air resources. In carrying out such policy, the Department is required to balance public health and welfare, the industrial development of the State, propagation and protection of flora and fauna, and the protection of personal property and other resources. To that end, the Department is required to use all available practical and reasonable methods to prevent and control air pollution in the State.

ECL Section 19-0105. This section declares that it is the purpose of Article 19 of the ECL to safeguard the air resources of the state under a program which is consistent with the policy expressed in Section 19-0103 and in accordance with other provisions of Article 19.

ECL Section 19-0301. This section declares that the Department has the power to promulgate regulations for preventing, controlling or prohibiting air pollution, and shall include in such regulations provisions prescribing the degree of air pollution that may be permitted and the extent to which air contaminants may be emitted to the air by any source in any area of the State.

ECL Section 19-0303. This section provides that the terms of any air pollution control regulation promulgated by the Department may differentiate between particular types and conditions of air pollution and air contamination sources. Section 19-0303 also provides that the Department, in adopting any regulation which contains a requirement that is more stringent than the CAA or its implementing regulations, must include in the Regulatory Impact Statement (RIS), an evaluation of the cost-effectiveness of the proposed regulation in comparison to the cost-effectiveness of reasonably available alternatives and a review of the reasonably available alternative measures along with an explanation of the reasons for rejecting such alternatives.

ECL Section 19-0305. This section authorizes the Department to enforce the codes, rules and regulations established in accordance with Article 19. Section 19-0305 also empowers the Department to conduct or cause to be conducted studies and research with respect to air pollution control, abatement or prevention.

ECL Section 19-0311. This section directs the Department to establish an operating permit program for sources subject to Title V of the CAA (Title V). Section 19-0311 specifically requires that complete permit applications must include, among other things, compliance plans, schedules of compliance, and a compliance certification. This section further expresses that any permits issued must include, among other things, terms setting emissions limitations or standards, terms for detailed monitoring, record keeping and reporting, and terms allowing Department inspection, entry, and monitoring to assure compliance with Sections 71-2103 and 71-2105 and the terms and conditions of the permit.

ECL Sections 71-2103 and 71-2105. These sections set forth the civil and criminal penalty structures for violations of Article 19.

IV. Legislative Objectives

Article 19 of the ECL was enacted to safeguard the air resources of New York from pollution and ensure the protection of the public health and welfare, the natural resources of the State, physical property, and integrating industrial development with sound environmental practices. The policy of the State is to require the use of all available, practical and reasonable methods to prevent and control air pollution in New York. To facilitate this policy objective, the Legislature granted specific powers and duties to the Department, including the power to adopt and promulgate regulations for preventing, controlling and prohibiting air pollution. The provisions cited above clearly provide the Department with authority to create this regulation.

V. Needs and Benefits

Distributed generation is the on-site generation of electricity for use at host sites and is used by a wide-range of commercial, institutional and industrial facilities. The most common DG application is the use of diesel-fired engines as emergency generators. However, the use of emergency generators in non-emergency situations presents challenges to the Department as it develops strategies to bring the state into attainment with EPA's ozone NAAQS. This rulemaking addresses these challenges in the nonattainment area New York shares with the states of Connecticut and New Jersey by establishing NOx emission limits for economic dispatch sources.

1. Categories of DG Sources

For purposes of determining which DG sources are subject to the emission limits under the rule adopted in November 2016, the Department divided DG sources into two primary regulatory classifications, emergency generators and economic dispatch. Emergency generators, defined under current Section 200.1(cq), were not subject to emission limits. Economic dispatch sources, defined as DG sources that do not operate exclusively as emergency generators, were subject to NOx and PM emission standards in the adopted rule. Additionally, economic dispatch sources can be further divided into subcategories based upon application, such as combined heat and power (CHP) systems, demand response sources and price-responsive generation sources. DG source categories are discussed in the following subsections.

2. Emergency Generators

Emergency generators or "emergency power generating stationary reciprocating internal combustion engines" as termed in regulation, are operated when the usual source of electricity is unavailable or for facility-related emergencies. Pursuant to Section 200.1(cq), emergency generators may operate for up to 500 hours per year, including emergency situations, routine maintenance, and routine exercising.2 Emergency generators are exempt from permitting requirements pursuant to 6 NYCRR Section 201-3.2(c)(6). The New York City building code requires buildings greater than 75 feet high be equipped with emergency generators.3 There are approximately 10,960 buildings in New York City greater than 75 feet in height.4 Assuming a typical emergency generator is 1000 kW,5 the capacity of emergency generation sources in New York City is estimated at 10,960 MW.

3. Economic Dispatch Sources

Economic dispatch sources were broadly defined in the rule adopted in November 2016 as DG sources used to reduce energy costs or ensure a reliable electricity supply for a facility. Any DG source that is not exclusively an emergency generator was considered to be an economic dispatch source for purposes of the rule, including CHP systems and sources enrolled in demand response programs.

For purposes of the new proposed Part 222, economic dispatch sources are more narrowly defined. The definition includes DG sources enrolled in demand response programs sponsored by the NYISO or transmission utilities as well as price-responsive generation sources.6 This definition in the proposed rule generally covers DG sources previously used solely for emergency purposes but only regulates such sources outside of an emergency. Sources that provide power to structures or equipment not served by distribution utilities may be addressed through a separate rule making effort in the future.

4. Demand Response Sources

Since 2001, the NYISO and distribution utilities in New York have called upon owners of uncontrolled, primarily diesel-fired engines to generate electricity for host facilities on high demand days to reduce demand on the electric grid. Sources enrolled in these programs, referred to as 'demand response programs', are generally called upon to operate on hot summer days when ozone levels are typically high. The use of uncontrolled DG sources in demand response programs has correspondingly led to increased emissions from sources previously used exclusively in emergency situations.

Most sources enrolled in demand response programs are uncontrolled, diesel-fired engines. Older engines typically have higher NOx emission rates than newer engines. A profile of the age (by model year) of DG sources enrolled in demand response programs in 2017 in New York City is presented in Table 1.

Table 1. Population Profiles of Sources Enrolled in Demand Response Programs New York City Metropolitan Area
Model Year Number Percent
Unknown 186 -
Pre-1980 7 5
1980-1989 11 9
1990-1999 28 22
2000-2006 44 34
2007-2013 26 20
2014-2017 13 10

More than 160 facilities located in the NYMA submitted notification letters to the Department pursuant to paragraph 222.3(a) of the rule adopted on November 1, 2016. The data presented in Table 1 are based upon a review of the notification letters and the Department's air permit database. DEC has model year data for 41 percent of the DR sources. The mean model year for sources where such data is available is 2001.

There are three sponsors of DR programs that call upon generation sources in the NYMA - the NYISO, Con Edison and Orange & Rockland Utilities. DR sources enrolled in the Con Edison and Orange & Rockland programs must be of model year 2000 or newer.7,8 The NYISO programs do not have similar limitations. In order to operate a generator in a demand response program, the source owner or operator must first obtain a registration certificate or air permit from the Department. Facilities enrolled in demand response programs receive revenue from the program sponsors for guaranteeing load reductions (kW) or for electricity generated and/or curtailed (kWh).

5. NYISO

The NYISO has three demand response programs in which generation sources may participate:

  1. Special Case Resources: Program participants receive capacity payments ($6.65 to $10.04 per kW- month, on average depending upon location within the NYMA, in Summer 2017)9 and energy payments (maximum payment $500 per MWh)10 for load reductions (i.e., electricity generated by a DG source). Response to an event called by the NYISO is mandatory for program participants.
  2. Emergency Demand Response Program (EDRP): Program participants receive energy payments (minimum payment $500 per MWh)11 for load reductions. Distributed generation sources may be used to generate electricity at the host facility, thus reducing the load on the grid. Response to an event called by the NYISO is voluntary for program participants. As of June 2018, no generation resources were enrolled in this program.12
  3. Targeted Demand Response Program: The NYISO calls resources in New York City (NYISO Zone J) enrolled in the Special Case Resources and EDRP programs to operate during high demand periods. Participation in this program is voluntary for program participants. This program has been utilized six times since 2007.

Between 2001 and 2018, the NYISO called 47 events involving resources enrolled in the three programs. Summaries of the number of events per year, per zone and total event hours per year are presented in Tables 2 and 3 below.

Table 2: NYISO Demand Response Events per Year13
Year Number of
Events
Total Number
of Hours
2001 4 20.5
2002 4 22
2003 2 22
2004 0 0
2005 1 4
2006 6 40
2007 2 18.5
2008 0 0
2009 0 0
2010 4 27.5
2011 3 16
2012 10 47
2013 5 27
2014 0 0
2015 0 0
2016 5 33
2017 0 0
2018 1

5

Table 3: NYISO Demand Response Events per NYISO Zone14
NYISO
Zone
Number of
Events
Total Number
of Hours
A 14 83
B 15 87
C 15 87
D 12 73
E 13 78
F 14 72.5
G 24 133.5
H 25 142.5
I 25 142.5
J 42 260.5
K 27 156.5

A comparison of generation capacity in the NYISO's Special Case Resources demand response program in 2011 to 2018 is presented in Table 4.

Table 4: Generator Enrollment by NYISO Zone
NYISO
Zone
Special Case
Resources Generation
Capacity - May 2011 (MW)15
Special Case
Resources Generation
Capacity - May 2018 (MW)16
Change in
Capacity
2011 - 2018 (MW)
A 5.4 0.6 -4.8
B 10.1 5.0 -5.1
C 3.0 1.7 -1.3
D 0.2 0.2 0.0
E 4.1 2.3 -1.8
F 9.5 21.8 12.3
G 6.9 17.5 10.6
H 0.4 2.2 1.8
I 3.7 15.9 12.2
J 103.5 80.9 -22.6
K 25.3 9.3 -16.0
Totals 172.1 157.4 -14.7

The New York City metropolitan area, as defined in subdivision 200.1(au) of Part 200, covers essentially the same counties as NYISO Zones I, J and K. The capacity of DG sources enrolled in the Special Case Resources program in these zones dropped from 132.5 MW in May 2011 to 106.1 MW in May 2018.17 The average duration of a demand response event in these zones was 5.5 hours during the years 2011 - 2018.18 DR events ranged from 4 to 8 hours in duration.19

6. Consolidated Edison

DR sources may be enrolled in Consolidated Edison's Commercial System Relief Program (Con Edison's CSRP) if they meet the requirements of Tariff Leaf 273. The use of DR sources is prohibited within 0.5 miles of peaking turbines located at the following facilities:

  1. Con Edison Hudson Avenue Station (Brooklyn)
  2. Narrows Generating Station (Brooklyn)
  3. Gowanus Generating Station (Brooklyn)
  4. Con Edison 59th Street (Manhattan)
  5. Con Edison 74th Street (Manhattan)
  6. Astoria Generating Station (Queens)
  7. Astoria Gas Turbine Power (Queens)

Outside of the areas listed above, diesel-fired DR sources may be used provided they are of Model Year 2000 or newer and do not exceed 20 percent of the capacity of the Con Edison's CSRP enrollment. Natural gas-fired DR sources of Model year 2000 and newer may also participate in Con Edison's CSRP. There is no capacity limit for natural gas-fired sources. Rich-burn engines must be equipped with three-way catalyst emission controls. In addition, DR sources that have a NOx emission rate of 2.96 pounds per megawatt-hour (approximately 1.0 gram per brake horsepower-hour) or less may participate in Con Edison's CSRP.20

7. Orange & Rockland Utilities

DR sources may participate in Orange & Rockland's Commercial System Relief Program (Orange & Rockland's CSRP). Diesel-fired DR sources must be of Model Year 2000 or newer or must be certified by a professional engineer that the NOx emission rate is 2.96 pounds per megawatt-hour or less. Further, the capacity of diesel-fired sources must not exceed 20 percent of the capacity enrolled in the program. The requirements for natural gas-fired DR sources are identical to those enrolled in Con Edison's CSRP. In addition, DR sources that have NOx emission rates equal to or less than 2.96 pounds per megawatt-hour may also participate in Orange & Rockland's CSRP.21

8. Price-Responsive Generation Sources

Price-responsive generation sources are defined in new Part 222 as distributed generation sources used to provide electricity for short periods of time when the cost of electricity supplied by the distribution utility is high, typically late afternoons during the summer.22 This category of economic dispatch sources was added to Part 222 to counter potential increases in NOx emissions resulting from the use of engines previously classified as emergency generators for short periods of time when the cost of electricity supplied by the transmission utility is high. The threshold for operating a price-responsive generation source is expected to vary depending on the needs of the source owner.

As stated above, the New York City building code requires buildings greater than 75 feet high be equipped with emergency generators. Assuming a typical emergency generator is 1000 kW, the estimated capacity of potential price-responsive generation sources in New York City is 10,960 MW.

9. Ground-Level Ozone

DG sources emit various air pollutants, including NOx, which can result in public health impacts for individuals located near these sources. Since DG sources have short stacks, the exhaust plumes are not dispersed as effectively as plumes from central station power plants, which are required to have much taller stacks to adequately disperse emissions into the ambient air. Therefore, emissions from DG sources can have a greater public health impact on populations living and working in the vicinity of the sources. NOx compounds are precursors to ground-level ozone, which can irritate lung tissue and causes symptoms such as coughing, wheezing and difficulty breathing.23 Additionally, chronic exposure to ground-level ozone can cause permanent lung damage.24

In March of 2008, the EPA lowered the eight-hour ozone NAAQS from 0.08 parts per million (ppm), to 0.075 ppm. Subsequently, on October 1, 2015, the EPA further reduced the 8-hour ozone NAAQS to 0.070 ppm. Ozone NAAQS attainment status is demonstrated by measurements recorded from a monitoring network set up across the United States. The ozone NAAQS is in the form of an eight-hour concentration average. The ozone design value is calculated as the 4th highest daily maximum 8-hour ozone concentration, averaged over three years.25

The proposed rule is a critical component in the state's strategy to meet the federal 2008 and 2015 ozone NAAQS in the NYMA which is currently designated as moderate nonattainment for ozone for the 2008 and 2015 ozone NAAQS.26 The NYMA failed to meet the July 20, 2018 deadline to attain the 2008 ozone NAAQS and, as a result, EPA has reclassified the area as serious nonattainment with an attainment deadline of July 20, 2021.

Ground-level ozone is produced from chemical reactions involving NOx (one of the primary pollutants emitted by DR sources) and volatile organic compounds. The continued use of uncontrolled diesel-fired generators used in demand response programs has made it increasingly difficult for the state to attain the 2008 and 2015 ozone NAAQS. This proposed rule supports the State's efforts to attain the 2008 and 2015 ozone NAAQS as well as the public health impacts of NOx emitted by DG sources which are linked to asthma, decreased lung function and heart attacks.

The current design value monitor for the NYMA is located in Westport, Connecticut which is part of the shared multi-state nonattainment area. The 2017 design value for that monitor is 0.083 ppm and the design value for 2018 is 0.082 ppm.27 This trend clearly demonstrates that DEC's current efforts to comply with the ozone NAAQS are not sufficient and more emission reductions are necessary.

Section 110(a)(2) of the CAA states that SIPs must contain adequate provisions to prohibit emissions from sources within a state which will contribute significantly to nonattainment in another state. In the preamble to the Cross-State Air Pollution Rule, even though New York has implemented some of the most restrictive ozone control programs in the nation, EPA estimated that New York's largest contribution to a monitor showing nonattainment was 0.0185 ppm.28 In the Technical Support Document for the Transport Rule,29 EPA defined one percent of the NAAQS as a significant contribution (i.e., 0.0007 ppm for the 2015 ozone NAAQS). Taking into account that the design value of the NYMA nonattainment monitor is 0.008 ppm above the 2008 ozone NAAQS and 0.013 ppm above the 2015 ozone NAAQS, it is clear that emissions reductions are necessary. In addition, New York must fulfill its "good neighbor" obligations pursuant to CAA Section 110(a)(2)(D)(i)(I), which require states to include adequate measures in their SIPs prohibiting emissions of air pollutants "in amounts which will…contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to" a NAAQS. These control programs will assist New York in meeting CAA obligations for the "good neighbor" SIP as well as the 2008 and 2015 ozone NAAQS, for which the New York-Northern New Jersey-Long Island area is in nonattainment. New York significantly contributes to nonattainment monitors in the Connecticut portion of this nonattainment area. Currently, attainment must be reached by July 20, 2021 for the 2008 ozone NAAQS and August 3, 2024 for the 2015 ozone NAAQS. DEC is currently working on a wide range of regulations, including Part 222, to reduce this impact.

10. July 2, 2018 High Ozone Event

On July 2, 2018, the maximum 8-hour average ozone value observed in the nonattainment area was 0.115 ppm at a monitor in Rockland County, New York. An 8-hour ozone value of 0.115 ppm is considered very unhealthy for sensitive groups. This marked the first time since June 14, 2008 that a monitored 8-hour ozone value was 0.100 ppm or greater in New York. In that event, the White Plains monitor, located in Westchester County, New York, had a value of 0.101 ppm. A summary of the 8-hour ozone values greater than 0.70 ppm in New York on July 2, 2018 is presented in Table 5.

Table 5: July 2, 2018 High 8-hour
Ozone Values - New York30
Monitor Name County 8-Hour
Ozone (ppm)
Rockland County Rockland 0.115
White Plains Westchester 0.093
Millbrook Dutchess 0.088
City College of New York New York 0.086
Mt. Ninham Putnam 0.086
Pfizer Lab Bronx 0.085
Valley Central Orange 0.084
Babylon Suffolk 0.083
Holtsville Suffolk 0.082
Fresh Kills West Richmond 0.081
Queens College 2 Queens 0.076
IS 52 Bronx 0.074
Loudonville Albany 0.074

Ozone values greater than 0.070 ppm were measured on July 2, 2018 at eight monitors in New Jersey (see Table 6).

Table 6: July 2, 2018 High 8-hour
Ozone Values - New Jersey31
Monitor Name 8-Hour
Ozone (ppm)
Bayonne 0.092
Chester 0.081
Flemington 0.097
Leonia 0.091
Newark Firehouse 0.096
Ramapo 0.085
Rider 0.091
Rutgers University 0.075

Ozone values greater that 0.070 ppm were also measured that day at 6 monitoring stations in Connecticut (see Table 7). The highest value was detected in Danbury. The 8-hour ozone values measured at monitors along the coast ranged from 0.064 ppm at Westport to 0.081 ppm at Groton.32 The significance of this is that the design value for the NJ/NY/CT ozone nonattainment area is based on the Westport, CT monitor which usually has the highest ozone levels. This indicates that the weather pattern on July 2, 2018 was atypical for the NJ/NY/CT nonattainment area.

Table 7: July 2, 2018
High 8-hour Ozone Values - Connecticut33
Monitor Name 8-Hour
Ozone (ppm)
Cornwall 0.080
Danbury 0.092
Greenwich 0.072
Groton 0.081
Madison 0.071
Stratford 0.072

The dominant weather feature in the eastern United States on July 2, 2018 was a high pressure system situated along the coast. A weak cold front stalled near the Ohio Valley. A surface trough formed to the east of the front along a line from central New York through the Appalachian Valley. Winds in the nonattainment area were light and variable, and at times, calm. Generally, the air mass moved from south to north. High temperatures that day in the nonattainment area were near 100°F.34

Demand response resources were called upon by the NYISO (in New York City), Consolidated Edison (in New York City and Westchester County) and Orange & Rockland Utilities, Inc. (in Orange, Rockland and Sullivan counties). The NYISO called a five-hour event from 1:00 pm to 6:00 pm that day.35 Con Edison called a four-hour event that afternoon. The DR sources enrolled in the Con Edison program had a total nameplate capacity of 266 MW; however, the pledged generation was only 86.244 MW.36 Orange & Rockland also called a four-hour event that day, during which 3.3 MW of generation resources responded.37 The NOx emissions during the four-hour events called by Con Edison and Orange & Rockland on July 2, 2018 are estimated to be 2.15 and 0.08 tons, respectively.

Since economic dispatch sources of model year 1999 and older are not allowed to participate in the Con Edison and Orange & Rockland Utilities DR programs, it was assumed that these sources were enrolled in the NYISO SCR program. Sources of model year 2000 and newer can participate in the both NYISO- and utility-sponsored DR programs. However, in order to estimate the emissions during the five-hour event called by NYISO, it was assumed that the sources that participated in the NYISO event were only those of model year 1999 and older since the emissions from DR sources of model year 2000 and newer have been accounted for in the emission estimates for the Con Edison and Orange & Rockland Utilities demand response events.

The total nameplate capacity of diesel engines enrolled in DR programs in NYC is 240.95 MW. Of that, DEC has model year data for engines totaling 121.16 MW. Of that sample, 53.92 MW (or 44.5 percent) are of model year 1999 or older. Therefore, the estimated capacity of DR sources older than model year 2000 is 107.22 MW.38 The mean NOx emission factor for DR sources older than model year 2000 was estimated to be 11.63 grams per brake horsepower-hour (g/bhp-h) or 15.28 grams per kilowatt-hour (g/kWh). Assuming a capacity factor of 0.323 (based on data supplied by Con Edison39), it was estimated that participation in the NYISO event was 34.6 MW. Therefore, the estimated NOx emissions during the NYISO event is 2.92 tons.

Not all DG sources enrolled in DR programs were called upon on July 2, 2018. The NYISO did not call events in the lower Hudson Valley or on Long Island. The nameplate capacity in the lower Hudson Valley is 20.9 MW. Factoring the capacity factor used in the above analysis (0.323), the pledged generation is 9.8 MW which indicates that not all sources in that region operated on July 2, 2018. The nameplate capacity of DR sources on Long Island is 30.5 MW.

11. Potential NOx Emissions from Price-Responsive Generation Sources

The potential NOx emissions that could result if all DG sources in New York City operate as DR or price-responsive generation sources can be significant. As stated above, DEC estimates that the capacity of such sources is 10,960 MW. DEC developed estimates of the potential NOx emissions from this source category by assuming that the age profile and capacity factor (0.323) for potential price-responsive generation sources mirror the profile of DR sources (see Table 8).

Table 8: Potential NOx Emissions from Price-Responsive Generation Sources
Category Nameplate
Capacity
(MW)
Generation
Capacity
(MW)
NOx Emission
Factor (g/kWh)
NOx Emissions
(tons/h)
Pre-Model Year 2000 4,877.5 1,575.4 15.28 26.5
Model Year 2000 and newer 6,082.5 1,964.6 5.48 11.87

12. The Need to Establish Limits to Reduce Public Health Impacts from DG Sources

Economic dispatch sources should be subject to emission standards to reduce public health impacts since these sources displace the electricity traditionally generated by central station power plants. Facilities participating in demand response programs receive payments for electricity generated and, in most cases, capacity payments as do central station power plants. A regulatory strategy to address emissions from DG sources not subject to this rule may be addressed through a separate rule making effort.

The NOx emission limits established for economic dispatch sources in this proposed rule will help reduce public health impacts, especially for individuals living and working near them. The reduction in ground-level ozone due to the limits on NOx will also help the state attain the federal 2008 and 2015 ozone NAAQS in compliance with the CAA.

13. Key Provisions in the Proposed Rule

i. 'Applicability Requirements for DG Sources'

Part 222 will apply to economic dispatch sources in the NYMA with mechanical output ratings of 200 horsepower (hp) or greater. This threshold is based upon the permitting exemption thresholds set forth under current 6 NYCRR Subpart 201-3.2(c)(3) for internal combustion engines. As stated above, the proposed rule will not apply to economic dispatch sources currently regulated under the NOx RACT rule.

ii. 'Control Requirements'

The following requirements apply to economic dispatch sources subject to Part 222 effective May 1, 2021:

  1. combustion turbines firing natural gas: must be of model year 2000 or newer or must have a NOx emission rate less than or equal to 2.96 pounds per megawatt-hour as certified in writing by a professional engineer;
  2. combustion turbines firing oil: must be of model year 2000 or newer or must have a NOx emission rate less than or equal to 2.96 pounds per megawatt-hour as certified in writing by a professional engineer;
  3. compression-ignition engines: must be of model year 2000 or newer or must have a NOx emission rate less than or equal to 2.96 pounds per megawatt-hour as certified in writing by a professional engineer;
  4. lean-burn engines: must be of model year 2000 or newer or must have a NOx emission rate less than or equal to 2.96 pounds per megawatt-hour as certified in writing by a professional engineer; or
  5. rich-burn engines: must be equipped with three-way catalyst emission controls.

These requirements are not expected to impact the Con Edison or Orange & Rockland DR programs since the requirements for DR sources outlined above mirror the requirements in their tariffs. It is anticipated that approximately 35 MW of DR sources enrolled in the NYISO DR programs will be impacted by the above requirements. These provisions will result in a NOx emission reduction of more than 3.5 tons for a typical 6-hour demand response event.40

The estimated output-based emission rate of pre-2000 model year DG sources enrolled in DR programs is approximately 34.4 lb/MWh. Concurrent to this rulemaking, DEC adopted a rule to reduce emissions from peaking turbines (6 NYCRR 227-3). The sources targeted in that rulemaking (pre-1990 simple cycle turbines) currently have average output-based emission rates on the order of 5.9 to 6.9 lb/MWh. By comparison, DG sources of model year 2000 and newer enrolled in DR programs have an average output emission rate of 3.9 lb/MWh.

The following NOx emission limits will apply to DR sources effective May 1, 2025:

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

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

(3) spark ignition engines firing natural gas: 1.0 grams per brake horsepower-hour;

(4) compression-ignition engines firing distillate oil (solely or in combination with other fuels) with nameplate ratings less than 750 hp: 0.30 grams per brake horsepower-hour; or

(5) compression-ignition engines firing distillate oil (solely or in combination with other fuels) with nameplate ratings greater than or equal to 750 hp: 0.50 grams per brake horsepower-hour

These standards are based upon the recently adopted Subpart 227-3 and 40 CFR 60 Subparts IIII and JJJJ. Further, this approach is based on New York City Local Law 38. As a result, the potential NOx emissions from price-responsive generation sources will be approximately 2.6 tons/hour.41 The estimated NOx emissions from DR sources would be less than 0.5 tons per event (based on current enrollment in DR programs).

iv. 'Emissions Testing Requirements'

Emissions test reports demonstrating compliance with subdivision 222.4(b) of new Part 222 must be submitted to and approved by the Department before a distributed generation source may be operated as an economic dispatch source on or after May 1, 2025. The purpose of the emissions testing requirements in Part 222 is to ensure that sources subject to the rule meet the emission standards set forth in the rule.

v. 'Record Keeping Requirements'

The purpose of the record keeping requirements (hours of operation, fuel use, etc.) is to ensure that sources are operating within the requirements of Part 222 and other applicable requirements.

VI. Costs

There are several pathways facilities subject to Part 222 may follow in order to comply with the emission limits set forth in Section 222.4 of Part 222 that take effect on May 1, 2025:

  1. replace a DG source with a new source;
  2. install post-combustion NOx controls on an existing source; or
  3. limit the use of non-compliant sources to emergency uses only.

The costs for post-combustion control systems are presented in the following sections for 1200 hp and 2000 hp engines as a possible compliance option for existing sources operating on or beyond May 1, 2025. As a point of comparison, replacement costs for new 1200 hp or 2000 hp engines that meet the New Source Performance Standards (NSPS) requirements adopted by EPA range from $525,000 to $1,000,000.42,43 The compliance costs for relegating a source to emergency-only status as defined in subdivision 200.1(cq) are lost income from capacity payments and generation payments during DR events.

1. Selective Catalytic Reduction (SCR) Systems

Selective catalytic reduction systems can reduce the NOx emissions from lean-burn natural gas fired-engines and diesel-fired engines by up to 90 percent.44 Therefore, the post-combustion NOx emissions must be no more than 3 g/bhp-h for diesel engines with nameplate ratings less than 750 hp and 5 g/bhp-h for larger diesel engines in order for SCR systems to bring engines into compliance with paragraph 222.4(b) of new Part 222. The capital cost (installed) of SCR control systems are presented in Table 9.

Table 9: Capital Costs for SCR Systems
Cost Component 1200 hp Engine 2000 hp Engine
SCR System45 $108,300 $180,500
Installation $65,000 $108,300
Taxes $8,700 $14,500
Testing $8,000 $8,000
Total Cost $190,000 $311,300

It is anticipated that catalysts will need to be replaced every five years.46 Replacement catalysts are estimated to cost 7 percent of the original SCR system cost. In the cost analyses conducted by DEC, the cost of installing the replacement catalyst was assumed to be 60 percent of the cost of the new catalyst. Operational costs vary depending upon several factors. The primary drivers are reagent (urea) and system maintenance costs.

2. Non-Selective Catalytic Reduction (NSCR) Systems

Non-selective catalytic reduction (NSCR) systems can reduce the NOx emissions from rich-burn natural gas fired-engines by up to 98 percent.47 The capital cost (installed) of NSCR control systems are presented in Table 10.

Table 10: Capital Costs for NSCR Systems
Cost Component 1200 hp Engine 2000 hp Engine
NSCR System $23,500 $39,200
Installation $14,100 $23,500
Taxes $1,900 $3,200
Testing $8,000 $8,000
Total Cost $47,500 $73,900

NSCR catalysts need to be replaced every five years.48 Replacement catalysts are estimated to cost 7 percent of the original NSCR system cost. In the cost analyses conducted by DEC, the cost of installing the replacement catalyst was assumed to be 60 percent of the cost of the new catalyst. Annual costs for operating NSCR include insurance, maintenance and labor.

3. Compliance Testing

The emission testing costs are estimated to be $8,000 per source.49 Emission testing must be performed once to demonstrate compliance with the NOx limits that take effect on May 1, 2025.

4. Record keeping

The costs to comply with the record keeping requirements are expected to be minimal. Data may be maintained on a spreadsheet. The tasks involved will include reading flow meters, etc. and entering the data on a spreadsheet.

5. Cost to the Department of Environmental Conservation to Implement New Part 222

The primary workload for implementing new Part 222 will be writing permits, reviewing stack test reports and creating compliance reports in the Air Facility System database. It is estimated that this rulemaking and ongoing support will require 1.0 full time equivalent (FTE) or $158,33350 during the first year and 0.5 FTE annually to implement new Part 222. The Department does not anticipate hiring additional staff to implement new Part 222.

6. Costs to Other State Agencies and Local Governments

The Department will be responsible for implementing new Part 222. Therefore, no costs will be incurred by other state agencies or local governments in this regard. However, other state agencies and local governments may operate DG sources subject to the provisions of new Part 222; in which case these entities will have the same compliance costs as any other facility.

VII. Paperwork

The record keeping requirements set forth in new Part 222 are not expected to be burdensome since the data that must be recorded each month should already be recorded as a standard business practice. For example, facilities should be maintaining records of fuel purchases in order to prepare financial statements. In addition, maintenance activities should be recorded in order to keep a warranty in effect.

VIII. Local Government Mandates

The Department would be responsible for implementing and enforcing new Part 222. The record keeping, emissions testing and reporting requirements for local governments, school districts or fire departments that have DR sources subject to new Part 222 will be identical to those requirements imposed on all facilities affected by the rule.

IX. Duplication Between this Regulation and Other Regulations and Laws

EPA promulgated NSPS rules for new engines and turbines in 2006 and 2008. The stricter of the NSPS or new Part 222 standards will apply in cases where sources are subject to both regulations. The federal rules (40 CFR 60 Subparts IIII, JJJJ and KKKK) are further discussed in other sections of this document.

X. Alternatives

The Department evaluated three alternatives in addition to the proposed rule:

  1. No Action
  2. NOx RACT Limits
  3. All DG sources

These alternatives are described below along with the reasons why they were rejected.

1. No Action

Under the "No Action" alternative, the Department would not promulgate emission control, emission testing, and record keeping requirements for DG sources other than through existing Subpart 227-2. New DG sources would be subject to emission limits and emissions testing requirements pursuant to the federal NSPS rules. Emissions from DG sources enrolled in demand response programs would remain unregulated with the potential to significantly contribute to future contravention of the ozone NAAQS on high electric demand days. In addition, an increase in NOx emissions due to an expansion of the use of DG sources as price-responsive generation sources resulting from the REV initiative would be difficult to offset in attainment plans developed to bring the state into compliance with the ozone NAAQS. The reductions in NOx emissions from DG sources that would result if the proposed rule is adopted would not be realized under the No Action alternative and, as a result, it would be difficult for New York to demonstrate compliance with the 2008 and 2015 ozone NAAQS. Further, downwind states would likely file Section 126 petitions if new Part 222 is not adopted, and if EPA finds these sources contribute significantly to downwind nonattainment, EPA would impose its own emissions requirements. Such an action could adversely impact DR programs and the REV initiative.

In addition, if no reporting or record keeping requirements are established through the promulgation of new Part 222, the Department would not be able to monitor the use of DR and price-responsive generation sources or estimate the emissions from these sectors. Since records identifying the number and locations of DG sources are not currently required to be maintained, the Department would be unable to take appropriate action in a timely manner to protect people who are exposed to emissions from these sources.

2. NOx RACT Limits

Under this alternative, sources subject to new Part 222 would be required to meet the applicable NOx

RACT emission limits set forth in Subpart 227-2 beginning on May 1, 2020. These limits would be identical to the limits in the November 1, 2016 adopted rule. In addition, the emission limits in the proposed rule that will take effect on May 1, 2025 would also apply under this alternative.

If this approach is used, the hourly NOx emission rate from all DR sources would be reduced by 67 percent beginning May 1, 2020. An estimated 262 sources (84 percent of the sources enrolled in DR programs) would need to add controls in order to meet the NOx limit.51 It is highly unlikely that owners of affected sources would invest in pollution control systems and instead drop out of demand response programs in May 2020. By comparison, the proposed rule would result in 35 percent of DG sources dropping out of demand response programs in May 2020 resulting in a 57 percent emission reduction in NOx emissions during DR events.

3. Part 222 Applicability to all Engines Statewide

Engines are used as a primary component of activity at many facilities in New York to produce electrical and mechanical energy. Under this alternative, the NOx limits in the NOx RACT Rule (Subpart 227-2) would apply to all permitted engines statewide by May 1, 2021. The impacts to DR sources discussed under Alternative 2 above would apply to this alternative. In addition, engines used to generate mechanical energy (e.g., engines used at rock quarries) would be regulated under this alternative.

As part of this more focused rulemaking, DEC intends to initiate a stakeholder process to address emissions from these sources in addition to NOx emissions from industrial and commercial boilers at facilities subject to Registration Certificates or State-facility Permits.

XI. Federal Standards

EPA promulgated three NSPS rules that apply to new DG sources. Summaries of these rules are presented in the following subsections.

40 CFR 60, Subpart IIII (diesel engines)

This NSPS rule was published in the Federal Register on July 11, 2006 (71 Fed. Reg. 39154). The rule establishes NOx and PM emission limits based upon the model year, size and use of the engine. The NOx standards range from 0.30 to 2.6 g/bhp-h for sources of model years 2011-2014. Thereafter, the NOx standards will range from 0.30 to 0.50 g/bhp-h. In new Part 222, DEC is proposing to establish these standards for all diesel-fired engines beginning May 1, 2025. The PM limits for small engines will be 0.01 g/bhp-h for model year 2012 and beyond. For large engines, the PM standards range from 0.02 to 0.075 g/bhp-h, with the stricter limits affecting sources of model year 2015 and beyond. Engine manufacturers must certify that the prescribed emission limits will be met throughout the useful life of the engine.

40 CFR 60, Subpart JJJJ (spark ignition engines)

This NSPS rule was published in the Federal Register on January 18, 2008 (73 Fed. Reg. 3568). This rule covers engines fired with natural gas, liquefied petroleum gas, gasoline and biogas. Emission standards for NOx, carbon monoxide (CO), and non-methane hydrocarbons are set forth in the rule. Non-emergency engines manufactured from July 2007 through 2010 are subject to a NOx standard of 2.0 g/bhp-h and a CO standard of 4.0 g/bhp-h. New non-emergency natural gas-fired engines manufactured thereafter are subject to a NOx standard of 1.0 g/bhp-h which is identical to the NOx limit for such all non-emergency natural gas-fired engines in Part 222 effective May 1, 2025. Biogas-fired engines manufactured in 2011 and beyond are subject to a NOx standard of 2.0 g/bhp-h.

40 CFR 60, Subpart KKKK (turbines)

This NSPS rule was published in the Federal Register on July 6, 2006 (71 Fed. Reg. 38482). The rule applies to turbines with a heat input greater than 50 mmBtu/hr. Two pollutants are covered in this NSPS: NOx and sulfur dioxide.

The NOx emission limits range from 15 to 25 ppm for natural gas-fired sources and 42 to 74 ppm for turbines fired with any other fuel. The proposed rule would establish standards of 25 ppm for natural gas-fired turbines and 42 ppm for turbines fired with oil which will take effect on May 1, 2025. These limits are identical to those proposed in new Subpart 227-3, "Ozone Season Oxides of Nitrogen (NOx) Emission Limits for Simple Cycle and Regenerative Combustion Turbines".

XII. Compliance Schedule

On the effective date of this rule, new Part 222 will apply to economic dispatch sources with mechanical output ratings of 200 horsepower (hp) or greater located in the NYMA.

An owner or operator of a DG source that will operate as an economic dispatch source must notify the Department in writing by March 15, 2021 or 30 days prior to operating the source as an economic dispatch source, whichever is later.

The following provisions will apply to economic dispatch sources effective May 1, 2021:

  1. combustion turbines firing natural gas: must be of model year 2000 or newer or must have a NOx emission rate less than or equal to 2.96 pounds per megawatt-hour as certified in writing by a professional engineer;
  2. combustion turbines firing oil: must be of model year 2000 or newer or must have a NOx emission rate less than or equal to 2.96 pounds per megawatt-hour as certified in writing by a professional engineer;
  3. compression-ignition engines: must be of model year 2000 or newer or must have a NOx emission rate less than or equal to 2.96 pounds per megawatt-hour as certified in writing by a professional engineer;
  4. lean-burn engines: must be of model year 2000 or newer or must have a NOx emission rate less than or equal to 2.96 pounds per megawatt-hour as certified in writing by a professional engineer; or
  5. rich-burn engines: must be equipped with three-way catalyst emission controls.

The following NOx emission limits will apply to economic dispatch sources effective May 1, 2025:

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

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

(3) spark ignition engines firing natural gas: 1.0 grams per brake horsepower-hour;

(4) compression-ignition engines firing distillate oil (solely or in combination with other fuels) with nameplate ratings less than 750 hp: 0.30 grams per brake horsepower-hour; or

(5) compression-ignition engines firing distillate oil (solely or in combination with other fuels) with nameplate ratings greater than or equal to 750 hp: 0.50 grams per brake horsepower-hour.

After reviewing comments submitted on the proposed rule, a new subdivision 222.4(c) was added to Part 222 which provides that an extension to the subdivision 222.4(b) compliance date of no more than two years may be granted to sources meeting the requirements of subdivision 222.4(a) if owners or operators demonstrate a need for additional time to install controls or install new engines or turbines. Facility owners or operators must provide evidence, such as a contract, to the Department's satisfaction to demonstrate that they intend to meet the emission limits set forth in subdivision 222.4(b) as expeditiously as possible, but not later than April 30, 2027.

Emissions test reports demonstrating compliance with subdivision 222.4(b) of new Part 222 must be submitted to and approved by the Department before a distributed generation source may be operated as an economic dispatch source on or after May 1, 2025. The purpose of the emissions testing requirements in new Part 222 is to ensure that sources subject to the rule meet the emission standards set forth in the rule.

__________

1 "Stationary Diesel Engines in the Northeast: An Initial Assessment of the Regional Population, Control Technology Options and Air Quality Policy Issues", NESCAUM, June 2003, pg. 26.
2 Facilities may accept a more restrictive operational limit in order to avoid triggering certain regulatory thresholds such as new source review (6 NYCRR Part 231).
3 Section 2702 of the New York City Electrical Code.
4 www.emporis.com/city/101028/new-york-city-usa/status/existing/548.
5 The average nameplate for DR sources in New York City is 1102 kW based on the data submitted under Section 222.3(a) of the adopted rule.
6 This includes engines that are used for generation only and combined heat and power configurations.
7 Consolidated Edison Company of New York, Inc., Tariff Leaf 173, January 27, 2016.
8 Orange and Rockland Utilities, Inc., Tariff Leaf 156.4, Effective May 1, 2017.
9 NYISO Spot Market Auction Results, nyiso.com, downloaded November 28, 2017.
10 "2011 State of the Market Report for the New York ISO Markets", Potomac Economics, April 2012, page A-118.
11 Ibid.
12 "Semi-Annual Reports on New Generation Projects and Demand Response Programs", Attachment II, New York Independent System Operator, June 1, 2018.
13 "NYISO - Called Events & Tests", July 3, 2018.
14 Ibid.
15 "Semi-Annual Compliance Report of Demand Response Programs", New York Independent System Operator, June 1, 2011.
16 "Semi-Annual Reports on New Generation Projects and Demand Response Programs", Attachment II, New York Independent System Operator, June 1, 2018.
17 In the Revised RIS (November 2016), data for the Emergency Demand Response Program were provided. In 2011, 2.2 MW of generation capacity was enrolled in that program in NYISO zones I, J and K. In May 2017, no generation resources were enrolled in that program.
18 "NYISO Called Events & Tests", NYISO, July 3, 2018.
19 Ibid.
20 Consolidated Edison Company of New York, Inc., Tariff Leaf 273, January 27, 2016.
21 Orange and Rockland Utilities, Inc., Tariff Leaf 156.4, Effective May 1, 2017.
22 "A Way to Avoid Those Summertime (Electric Bill) Blues". Habitat Magazine, April 18, 2018, https://www.habitatmag.com/Publication-Content/Legal-Financial/2018/2018-April/Time-of-Use.
23 "Health Effects" EPA (www.epa.gov/airquality/ozonepollution/health.html).
24 Ibid.
25 Code of Federal Regulations, Part 50 Appendix I.
26 The NYMA failed to attain the 2008 ozone NAAQS by the July 20, 2018 attainment deadline for "moderate" nonattainment areas. It is anticipated that the area will be reclassified to "serious" nonattainment with a July 20, 2021 attainment date.
27 https://www.epa.gov/air-trends/air-quality-design-values
28 FR Vol 81. Number 207, October 26, 2016. Pages 74504-74649.
29 EPA-HQ-OAR-2009-0491, 2010, Technical Support Document (TSD) for the Transport Rule.
30 http://www.dec.ny.gov/chemical/38377.html.
31 https://www.nj.gov/dep/cleanairnj/exceedances/2018/070218.pdf.
32 http://www.ct.gov/deep/lib/deep/air/ozone/ozonesummarytables/2018/july-ozone8-hr2018.pdf.
33 Ibid.
34 https://www.nj.gov/dep/cleanairnj/exceedances/2018/070218.pdf.
35 "NYISO - Called Events & Test", NYISO, dated 7/3/2018.
36 E-mail from William Slade (Con Edison) to John Barnes (DEC) dated July 13, 2018.
37 E-mail from Jon Hilowitz (Orange & Rockland) to John Barnes (DEC) dated August 30, 2018.
38 240.948 MW x 0.445.
39 E-mail from William Slade (Con Edison) to John Barnes (DEC) dated July 13, 2018. The capacity factor was determined by dividing the pledged generation of DR sources (86.244 MW) by the total nameplate capacity (266.645 MW).
40 This estimate was derived from the emissions from pre-2000 model year engines in New York City during the 5-hour DR event on July 2, 2018 (2.92 tons) multiplied by 6/5).
41 Assuming 10,960 MW of capacity and an emission rate of 0.5 g/bhp-h with a capacity factor of 0.323.
42 E-mail from Joe Suchecki (Truck & Engine Manufacturers Association) to John Barnes (DEC) dated November 8, 2013.
43 Replacement costs as well as the costs for pollution control systems could be higher than the costs presented in this section in cases where there are space limitations or building or fire code requirements that must be met.
44 "NOx Control for Stationary Gas Engines", Wilson Chu (Johnson-Matthey), Advances in Air Pollution Control Technology, MARAMA Workshop, May 19, 2011.
45 Sources: CARB 2010. Regulatory Analysis for Revisions to Stationary Diesel Engine Air Toxic Control Measure. Appendix B. Analysis of Technical Feasibility and Costs of After-treatment Controls on New Emergency Diesel Engines; and (2) Consumer Price Index, U.S. Department of Labor, Bureau of Labor Statistics.
46 E-mail from Wilson Chu (Johnson Matthey) to John Barnes (DEC) dated January 24, 2008.
47 "NOx Control for Stationary Gas Engines", Wilson Chu (Johnson-Matthey), Advances in Air Pollution Control Technology, MARAMA Workshop, May 19, 2011.
48 E-mail from Wilson Chu (Johnson Matthey) to John Barnes (DEC) dated January 24, 2008.
49 Stack testing costs are based upon an informal Department survey of several stack testing companies.
50 Assumptions: Grade 24 pay rate of $97,448 per year and an overhead rate of 62.48 percent. Per: https://www.osc.state.ny.us/agencies/guide/MyWebHelp/#VII/9/9.htm.
51 Based on the data submitted by facilities pursuant to Section 222.3 of the adopted rule and facility permits and registrations.


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