OAR 340-228-0601: Utility Mercury Rule, General Provisions: Applicability

(1) Except as provided in section (2) of this rule: (a) The following units in the State shall be coal-fired electric generating units subject to the requirements of OAR 340-228-0600 through 0637: Any stationary, coal-fired boiler or stationary, coal-fired combustion turbine serving at any time, since the later of November 15, 1990 or the start-up of the unit's combustion chamber, a generator with nameplate capacity of more than 25 MWe producing electricity for sale. (b) If a stationary boiler or stationary combustion turbine that, under subsection (1)(a) of this rule, is not a coal-fired electric generating unit begins to combust coal or coal-derived fuel or to serve a generator with nameplate capacity of more than 25 MWe producing electricity for sale, the unit shall become a coal-fired electric generating unit as provided in subsection (1)(a) of this rule on the first date on which it both combusts coal or coal-derived fuel and serves such generator. (2) The units in the State that meet the requirements set forth in paragraph (2)(a)(A) or subsection (2)(b) of this rule are not coal-fired electric generating units: (a) Any unit that is a coal-fired electric generating unit under subsection (1)(a) or (b) of this rule: (A) Qualifying as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit; and not serving at any time, since the later of November 15, 1990 or the start-up of the unit's combustion chamber, a generator with nameplate capacity of more than 25 MWe supplying in any calendar year more than one-third of the unit's potential electric output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale. (B) If a unit qualifies as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and meets the requirements of paragraph (2)(a)(A) of this rule for at least one calendar year, but subsequently no longer meets all such requirements, the unit shall become a coal-fired electric generating unit starting on the earlier of January 1 after the first calendar year during which the unit first no longer qualifies as a cogeneration unit or January 1 after the first calendar year during which the unit no longer meets the requirements of paragraph (2)(a)(A) of this rule. (b) Any unit that is a coal-fired electric generating unit under subsection (1)(a) or (b) of this rule, is a solid waste incineration unit combusting municipal waste, and is subject to the requirements of: (A) A State Plan approved by the Administrator of the EPA in accordance with 40 CFR part 60 subpart Cb (emissions guidelines and compliance times for certain large municipal waste combustors); (B) 40 CFR part 60 subpart Eb (standards of performance for certain large municipal waste combustors); (C) 40 CFR part 60 subpart AAAA (standards of performance for certain small municipal waste combustors); (D) A State Plan approved by the Administrator of the EPA in accordance with 40 CFR part 60 subpart BBBB (emission guidelines and compliance times for certain small municipal waste combustion units); (E) 40 CFR part 62 subpart FFF (Federal Plan requirements for certain large municipal waste combustors); or (F) 40 CFR part 62 subpart JJJ (Federal Plan requirements for certain small municipal waste combustion units).