NYSDEC Part 222 Update



In March of 2017, an agreement was reached between energy aggregators, industrial companies and the New York State Department of Environmental Conservation (NYSDEC) in the Supreme Court of New York to temporarily stay the implementation and enforcement of 6 NYCRR Part 222. More information on this rule can found in an Environmental News article here. Since that time, the plaintiffs and NYSDEC have reached an agreement in court that will dictate the future of this regulation. The updated stipulation was signed in to effect on July 26 2017 and is available on NYSDEC Part 222 website.

Three key messages are included in that stipulation for the owners or operators of engines in New York State:

  • The stay of implementation and enforcement put in place on 6 NYCRR Part 222 in March of 2017 will remain in place until a revised version of Part 222 will become effective.
  • The NYSDEC will be proposing a new regulation to revise or replace the version of Part 222 that was finalized in 2016. Trinity understands that NYSDEC intends to initiate the rulemaking process on the "New Part 222" in the fall of 2017.
  • NYSDEC will hold at least one public hearing to accept verbal and written comments as part of the rulemaking process.

Trinity will continue to track the progress of this court challenge and the "New Part 222" and provide updates as they become available. If you have any questions about the history of this regulation or other environmental regulations, please contact Trinity today at (518) 205-9000 or email the Manager of the Trinity Albany Office, Brian Noel.