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Adopted Subpart 227-3 Rural Area Flexibility Analysis

The New York State Department of Environmental Conservation (DEC) is proposing new 6 NYCRR Subpart 227-3, "Ozone Season Oxides of Nitrogen (NOx) Emission Limits for Simple Cycle and Regenerative Combustion Turbines." The primary goal of this proposal is to lower allowable NOx emission rates from simple cycle and regenerative combustion turbines (SCCTs) during the ozone season.

Types and Estimated Numbers of Rural Areas Affected

Only one facility located in a rural area is affected by this regulation - the Samuel A. Carlson Generating Station located in Jamestown, Chautauqua County.

Reporting, Recordkeeping and Other Compliance Requirements; and Professional Services

Reporting & Recordkeeping:

This proposal will require each affected facility to submit a compliance plan to DEC. The compliance plan will state how each facility plans to comply with the new requirements.

Those facilities required to meet new emission limits will be required to submit permit applications to modify their permits to incorporate the newly applicable requirements by the May 1, 2023 compliance date. If the facility operates under a Title V permit, these changes can be incorporated into the renewal application (Title V permits must be renewed at five-year intervals). If there are no changes caused by the proposed Subpart 227-3 no permit action is required.

Subject facilities that do not use a continuous emissions monitoring system (CEMS) will be required to perform an emissions test to assure compliance with the applicable NOx emission limits. Every subject facility will be required to submit test protocols and test reports to DEC for approval.

An owner or operator that elects to use the Electric Storage and Renewable Energy Resources compliance option must submit annual electricity generation and NOx emissions data to DEC.

Compliance Requirements:

On or before March 2, 2020: All impacted sources must submit a compliance plan that must, at minimum, contain:

  • Nameplate capacity;
  • Ownership;
  • A list of each emission source that includes identifying numbers such as facility number, source number and name;
  • A schedule outlining how the owner or operator will comply with the requirements set forth in the rule;
  • Which emission sources will install controls and what those controls will be; and
  • Which emission sources will be replaced or repowered.

Effective May 1, 2023: The first phase of NOx emission limits will be implemented during the ozone season and SCCTs will be limited to averaging with other SCCTs, storage or renewable energy resources. The first phase of emission limits will be:

By May 1, 2023
NOx Emission
Limit (ppmvd1)
All SCCTs 100

Table 1: NOx emission limits for SCCTs beginning 5/1/2023

Effective May 1, 2025: The second and final phase of NOx emission limits will be implemented during the ozone season as follows:

Beginning May 1, 2025

Fuel Type

NOx Emission
Limit (ppmvd)
Gaseous fuels 25
Distillate oil or other liquid fuel 42

Table 2: NOx emission limits for SCCTs beginning 5/1/2025

Professional Services:

If an affected source currently utilizes professional services, such as consulting engineers, to comply with 6 NYCRR Subpart 227-2, they may continue to use those services to comply with the requirements of this proposal.


The Samuel A. Carlson Generating Station already complies with the NOx rates in the proposed rule. Therefore, no changes will be required of the facility. A compliance plan is still required by March 2, 2020. The costs of preparing the compliance plan should be minimal.

Minimizing Adverse Impact

Since the Samuel A. Carlson Generating Station already complies with the NOx rates in the proposed rule, there are no adverse impacts to that facility.

Rural Area Participation

DEC participated in several stakeholder meetings including those for impacted facilities and local environmental justice groups over a period of eighteen months. In addition, DEC posted a stakeholder outline on the DEC website to encourage stakeholder participation and comment.2 Samuel A. Carlson Generating Station already complies the proposed NOx rates and had the opportunity to participate in the stakeholder process.

Initial Review

The initial review of this rule shall occur no later than in the third calendar year after the year in which the rule is adopted.


1 Parts per million on a dry volume basis at fifteen percent oxygen.

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    Division of Air Resources
    Subpart 227-3
    625 Broadway
    Albany, NY 12233-3255
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