Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 228 - REQUIREMENTS FOR FUEL BURNING EQUIPMENT AND FUEL SULFUR CONTENT
Section 340-228-0601 - Applicability
Universal Citation: OR Admin Rules 340-228-0601
Current through Register Vol. 63, No. 3, March 1, 2024
(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).
Stat. Auth.: ORS 468.020 & 468A.310
Stats. Implemented: ORS 468A.025
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