Proposed Standards for DG in NY State


June 9, 2006

Proposed DG Rule

New York is still working on their proposed DG rule, Part 222. The rule would place emission limits for NOx, PM, and CO depending upon the technology and size. No credit is given for CHP. The rule is comprised of two subparts, Subpart 222-1 and Subpart 222-2. Subpart 222-1 sets emission limits for DG units that are 200 hp or greater in severe ozone nonattainment areas and 400 hp and up in ozone attainment areas. The emission limits in Subpart 222-1 become effective in 2008. More stringent standards become effective in 2010. Subpart 222-1 sets backup emission limits in the case that one or more of the EPA NSPS are not finalized.

Subpart 222-1

Subpart 222-1 sets emission limits for owners or operators of the following stationary sources:
1. Distributed generation sources in a severe ozone nonattainment area with a maximum mechanical output rating of 200 hp or greater;
2. Distributed generation sources outside a severe ozone nonattainment area with a maximum mechanical output rating of 400 hp or greater.

The provisions in Subpart 222-1 do not apply to sources that are subject to one or more of the following EPA NSPS regulations:
1. 40 CFR 60, Subpart IIII (compression ignition engines)
2. 40 CFR 60, Subpart KKKK (turbines)

Demand response sources under Subpart 222-1 must meet the following requirements:
1. Must get a permit or register their unit
2. Emergency use is limited to 500 hrs/year
i. or as limited due to New Source Review (NSR)
ii. operated when usual supply of electricity is not available
iii. routine maintenance
3. Also, units may operate up to 30 additional hrs/year when requested to do so by a Demand Response Program Sponsor.
4. Effective January 1, 2009, demand response sources must meet a NOx emissions limit of 9.0 g/bhp-h.
5. A PM limit of 0.10 lb/mmBtu or 85% control applies to oil-fired sources.

All distributed generation sources regulated under Subpart 222-1 except for demand response sources must meet the following NOx emission limits that apply starting January 1, 2008:

Effective Date Source Type Emission Limit
January 1, 2008 Microturbines firing any fuel except biogas 0.54 grams per brake horsepower-hour (g/bhp-h)
Turbines firing natural gas 50 parts per million by volume on a dry basis corrected to 15 percent oxygen
Turbines firing diesel oil

100 parts per million by volume on a dry basis corrected to 15 percent oxygen

Lean burn engines firing natural gas (CH4) 3.0 g/bhp-h
Rich burn engines firing natural gas (CH4) 2.0 g/bhp-h
Engines firing diesel fuel 7.5 g/bhp-h
January 1, 2010 Microturbines firing biogas 1.5 g/bhp-h
Turbines firing biogas 50 parts per million by volume on a dry basis corrected to 15 percent oxygen
Lean burn engines firing biogas (CH4) 3.0 g/bhp-h
Rich burn engines firing biogas (CH4) 2.0 g/bhp-h

2. All DG sources firing diesel fuel must meet a PM emission limit of 0.10 lbs/MMBtu; or the sulfur content of the fuel must be 15 ppm or less and the DG unit must be equipped with a particulate control device designed to remove 85% or more of the PM from the exhaust.

Subpart 222-2

New York’s Subpart 222-2 is considered to be a “backstop rule” that would take effect on January 1, 2009 but only if the EPA’s NSPS are stricken. Subpart 222-2 applies to DG units with a maximum mechanical output greater than or equal to 67 hp that begin operation on or after January 1, 2009. The EPA’s New Source Performance Standards (NSPS), establish emission limits for the following new distributed generation sources:
- 40 CFR 60, Subpart IIII, compression ignition engines, effective date: 7/11/05.
- 40 CFR 60, Subpart KKKK turbines, effective date 2/18/05.

1. Subpart 222-2 emission limits for NOx and CO (g/bhp-h) are as follows:
For units that begin operation after 1/1/09 NOx CO
Emergency power generating stationary internal combustion engines and demand response sources 5.4 2.2
Sources firing biogas 1.5 3.4
All other sources subject to this Subpart 0.54 2.2


For units that begin operation after 1/1/10 NOx CO
Emergency power generating stationary internal combustion engines and demand response sources 2.0 2.2
Sources firing biogas 1.5 3.4
All other sources subject to this Subpart 0.54 2.2

2. All DG sources firing diesel fuel must meet a PM emission limit of 0.10 lbs/MMBtu; or the sulfur content of the fuel must be 15 ppm or less and the DG unit must be equipped with a particulate control device designed to remove 85% or more of the PM from the exhaust.