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Proposed Subpart 227-3 Job Impact Statement

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 during the ozone season.

Nature of Impact

DEC does not expect the requirements of this proposal to adversely impact employment opportunities at the affected sources. The affected sources generate electricity that is injected into the electrical grid and those facilities are required to maintain generation compliant with reliability rules at the federal and state level.

Categories and Numbers Affected

This proposal will affect facilities that use older simple cycle and regenerative combustion turbines (SCCTs) to generate electricity for the electrical grid. Newer SCCTs are expected to already meet the requirements set forth in this proposal. At least 18 facilities utilizing older SCCTs will be affected by this proposal.

Regions of Adverse Impact

This is a statewide proposal, so all SCCTs will be subject to the requirements of a final rule. However, most SCCTs are located in New York City and on Long Island.

Minimizing Adverse Impact

The proposed rule contains several compliance options that owners and operators may utilize in order to comply with the proposed requirements. The first is to meet the limits as proposed. Owners and operators may also opt to shut down or not run non-compliant SCCTs during the ozone season. If an owner or operator elects to not run an SCCT during the ozone season, it must be recorded in the operating permit. Another compliance option offered in this proposal allows an owner or operator of an existing source to comply with applicable limits by meeting an average output-based emission limit (that includes renewables and storage) as a daily average emission rate. Under this option, the storage or renewable energy resource must be under common control with the SCCTs to be included in the averaging calculation.

These compliance options will allow existing SCCTs that cannot meet the proposed emission limits to operate for a few additional years while new SCCTs or other electricity generating resources are constructed. As a result, the Department does not anticipate adverse impacts to employment opportunities at a company subject to the rule.

Self Employment Opportunities

It is not expected that the proposed Subpart 227-3 will have a measurable impact on opportunities for self-employment.

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.


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    Division of Air Resources
    Proposed Subpart 227-3
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