January 14, 2026
WASHINGTON, D.C. — In response to extreme winter weather and threats to grid reliability, the U.S. Department of Energy (DOE) issued emergency orders under Section 202(c) of the Federal Power Act in early 2026. These orders permitted utilities and grid operators to dispatch generators, including backup and industrial units, even if doing so exceeds normal environmental permit limits, according to EPA guidance on stationary sources.
The emergency orders, affecting regions served by operators like PJM Interconnection and ERCOT, temporarily override emissions limits on nitrogen oxides (NOₓ), fine particulate matter (PM2.5), and carbon monoxide (CO). While such measures are limited to periods of grid stress, they demonstrate a rare intersection of environmental regulation and energy reliability policy.
“This authority ensures electricity reliability during extreme conditions, but it also highlights the importance of strong baseline emissions standards for generators operating under normal conditions,” said DOE officials in their summary of 2026 202(c) orders.
Facilities running backup generators should understand that emergency operation under 202(c) does not permanently exempt them from air quality requirements — normal emissions controls resume once the emergency ends.
For the official DOE orders and guidance: DOE 202(c) Orders
For EPA context on emissions standards and emergency operation: EPA Clean Air Act Resources