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Draft Program Policy for Part 222 Variances Issued

The New York Department of Environmental Conservation (DEC) has issued a proposed policy, DAR-21, Economic and Technical Analysis for Variances, pursuant to Subdivision 222.5(a) of Part 222.  The policy is intended to instruct “distributed generation sources” subject to the newly enacted 6 NYCRR Part 222 on the process to obtain a variance due to technological or economical infeasibility.  It includes a description of the Part 222 program and basis for a variance, as well as proposed instructions to seek a variance and calculations necessary to determine whether a variance may issue.  DEC has issued a notice establishing a public comment period for DAR-21 which lasts through February 17, 2017.  The Couch White Environmental practice group is currently reviewing the proposed policy.  If you have any questions, need additional information, or would like assistance preparing comments, contact Alita Giuda.