Rule 222: NYS DEC cracks down on NOx emissions from commercial generators

March 24, 2020

The New York State Department of Environmental Conservation (NYSDEC) has approved a new regulation called 6 NYCRR Part 222 Distribution Generation Sources. The proposed rule would replace the March 1, 2017 adopted Part 222, which was challenged in the Supreme Court in the County of Albany and stayed. 

Controlling nitrogen oxide emissions from distributed generation sources is Rule 222’s essential goal. The proposed rule will apply only in the New York City metropolitan area as defined at 6 NYCRR Part 200.1(au), which covers New York City, Westchester, Rockland, and Nassau counties.

DG sources enrolled in demand response programs sponsored by the NYISO or electric utilities as well as sources used during times when the cost of electricity supplied by utilities is high (defined separately in Part 222 as price-responsive “economic” generation sources) are subject to the new rule. 

Rule 222 was approved on March 11, 2020, and will be implemented effective May 1, 2021. Both new and existing distributed generation sources that intend to participate in DR will need to notify the NYSDEC by March 15, 2021 or 30 days prior to beginning participation, whichever is later.  That said, organizations in the New York City metro area that use a stationary generator for demand response should contact CPower since the rule could ultimately affect their ability to earn revenue by helping the grid reduce load in times of stress or high economic prices. 

Any organization curious to learn more about Rule 222 and whether or not their generator is affected should contact a licensed curtailment service provider.


This post was excerpted from the 2020 State of Demand-Side Energy Management in North America, a market-by-market analysis of the issues and trends the experts at CPower feel organizations like yours need to know to make better decisions about your energy use and spend.

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Peter Dotson-Westphalen

Peter Dotson-Westphalen is CPower’s Market Development Director for the New York energy market. When he’s not studying energy markets or keeping customers informed PDW can usually be found playing his bass or watching live music.

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Peter Dotson-Westphalen

Peter Dotson-Westphalen is CPower’s Market Development Director for the New York energy market. When he’s not studying energy markets or keeping customers informed PDW can usually be found playing his bass or watching live music.