340-228-0606 Utility Mercury Rule, General Provisions: Hg Emission Standards (1) Mercury emission standards. On and after July 1, 2012 or at commencement of commercial operation, whichever is later, except as allowed under section (2) of this rule, each coal-fired electric utility steam generating unit must achieve at least 90 percent mercury capture or limit mercury emissions to 0.60 pounds per trillion BTU of heat input. (2) Compliance extension. Up to a 2-year extension may be granted by DEQ if the owner or operator of a coal-fired electric utility steam generating unit demonstrates that it is not practical to install mercury control equipment by July 1, 2012 due to supply limitations, ESP fly ash contamination, or other extenuating circumstances that are beyond the control of the owner or operator. (3) Compliance demonstration. Commencing in July 2013 or 12 months after commercial startup or 12 months after expiration of the extension granted under section (2) of this rule, whichever is later, each coal-fired electric utility steam generating unit must thereafter demonstrate compliance with one of the standards in subsections (3)(a) or (3)(b) of this rule for each compliance period, except as allowed under sections (4) and (5) of this rule. A compliance period consists of twelve months. Each month commencing with June 2013 or the twelfth month after commencement of commercial operation or twelfth month after expiration of the extension granted under section (2) of this rule, whichever is later, is the end of a compliance period consisting of that month and the previous 11 months. (a) A mercury emission standard of 0.60 pounds per trillion BTU of heat input calculated by dividing the Hg mass emissions determined using a mercury CEMS or sorbent trap monitoring system by heat input; or (b) A minimum 90 percent capture of inlet mercury determined as follows: (A) Inlet mercury must be determined as specified in subparagraph (3)(b)(A)(i) or (3)(b)(A)(ii) of this rule: (i) Coal sampling and analysis. To demonstrate compliance by coal sampling and analysis, the owner or operator of a coal-fired electric utility steam generating unit must test its coal for mercury consistent with a coal sampling and analysis plan. The coal sampling and analysis plan must be consistent with the requirements of OAR 340-228-0639. (ii) Hg mass emissions prior to any control device(s). To demonstrate compliance by measuring Hg mass emissions, the owner or operator of a coal-fired electric utility steam generating unit must measure mercury emissions prior to any control device(s) using a Hg CEMS or sorbent trap. (B) The mercury capture efficiency must be calculated using the Hg emissions determined using a mercury CEMS or sorbent trap monitoring system and the inlet mercury determined using the coal mercury content data obtained in accordance with subparagraph (3)(b)(A)(i) of this rule or the measured inlet mercury data obtained in accordance with subparagraph (3)(b)(A)(ii) of this rule and a calculation methodology approved by DEQ. (4) Temporary compliance alternative. If the owner or operator of a coal-fired electric utility steam generating unit properly implements the approved control strategy and the strategy fails to achieve at least 90 percent mercury capture or limit mercury emissions to 0.60 pounds per trillion BTU of heat input: (a) The owner or operator must notify DEQ of the failure within 30 days of the end of the initial compliance period; and (b) The owner or operator must file an application with EQ for a permit or permit modification in accordance with OAR 340 division 216 to establish a temporary alternative mercury emission limit. The application must be filed within 60 days of the end of the initial compliance period, and must include a continual program of mercury control progression able to achieve at least 90 percent mercury capture or to limit mercury emissions to 0.60 pounds per trillion BTU of heat input and all monitoring and operating data for the coal-fired electric utility steam generating unit. (c) DEQ may establish a temporary alternative mercury emission limit only if the owner or operator applies for a permit or permit modification, that includes a control strategy that DEQ determines constitutes a continual program of mercury control progression able to achieve at least 90 percent mercury capture or to limit mercury emissions to 0.60 pounds per trillion BTU of heat input. (d) Establishment of a temporary alternative mercury emission limit requires public notice in accordance with OAR 340 division 209 for Category III permit actions (e) If the owner or operator files an application under subsection (4)(b) of this rule, the coal-fired electric utility steam generating unit must operate according to the temporary alternative mercury emission limit proposed in the permit or permit modification application until DEQ either denies the application or issues the permit or permit modification. Compliance with the proposed temporary alternative mercury emission limit prior to final DEQ action on the application shall constitute compliance with the limits in section (1) of this rule. (f) A temporary alternative mercury emission limit established in a permit expires July 1, 2016 or within 2 years of commencement of commercial operation, whichever is later. (5) Permanent compliance alternative. If the owner or operator of a coal-fired electric utility steam generating unit is unable to achieve at least 90 percent mercury capture or an emission level of 0.60 pounds per trillion BTU of heat input by July 1, 2016 or within 2 years of commencement of commercial operation, whichever is later, despite properly implementing the continual program of mercury progression required in section (4) of this rule: (a) The owner or operator of the coal-fired electric utility steam generating unit may file an application with DEQ for a permit modification in accordance with OAR 340 division 216 to establish a permanent alternative mercury emission limit that comes as near as technically possible to achieving 90 percent mercury capture or an emission level of 0.60 pounds per trillion BTU of heat input. (b) DEQ may establish a permanent alternative mercury emission limit only if the owner or operator applies for a permit modification, that proposes an alternative mercury emission limit that DEQ determines comes as near as technically possible to achieving 90 percent mercury capture or an emission level of 0.60 pounds per trillion BTU of heat input. (c) Establishment of a permanent alternative mercury emission limit requires public notice in accordance with OAR 340 division 209 for Category IV permit actions. (d) If the owner or operator files an application under subsection (5)(a) of this rule, the coal-fired electric utility steam generating unit must operate according to the permanent alternative mercury emission limit proposed in the permit modification application until DEQ either denies the application or modifies the permit. Compliance with the proposed permanent alternative mercury emission limit prior to final DEQ action on the application shall constitute compliance with the limits in section (1) of this rule. (6) Emission Caps. Beginning in calendar year 2018, the following coal-fired electric utility steam generating unit specific emission caps shall apply. (a) Existing Boardman coal-fired electric utility steam generating unit cap. The existing coal-fired electric utility steam generating unit in Boardman shall emit no more than: (A) 60 pounds of mercury in any calendar year in which there are no new coal-fired electric utility steam generating units operated in Oregon. (B) 35 pounds of mercury in any calendar year in which there are new coal-fired electric utility steam generating units operated in Oregon. (b) New coal-fired electric utility steam generating unit cap: (A) New coal-fired electric utility steam generating units, in aggregate, shall emit no more than: (i) 25 pounds of mercury in any calendar year in which the existing coal-fired electric utility steam generating unit in Boardman is operated. (ii) 60 pounds of mercury in any calendar year in which the existing coal-fired electric utility steam generating unit in Boardman is not operated. (B) The owner or operator of each new coal-fired electric utility steam generating unit must submit to DEQ a request, in a format specified by DEQ, to receive a portion of the new coal-fired electric utility steam generating unit cap. The request may not be submitted until the new coal-fired electric utility steam generating unit has received its Site Certification from the Facility Siting Council, or if the new coal-fired electric utility steam generating unit is not required to obtain a Site Certificate, all governmental approvals necessary to commence construction. (C) DEQ will allocate the new coal-fired electric utility steam generating unit cap in order of receipt of requests and, once allocated, the new coal-fired electric utility steam generating unit shall be entitled to receive an equal allocation in future years unless the new coal-fired electric utility steam generating unit permanently ceases operations. (D) Each individual new coal-fired electric utility steam generating unit shall emit no more than the lesser of: (i) An amount of mercury determined by multiplying the design heat input in TBtu of such coal-fired electric utility steam generating unit by 0.60 pounds per TBtu rounded to the nearest pound as appropriate, or (ii) The amount of the emission cap under (6)(b) less the amount of the emission cap under (6)(b) that has been allocated to other new coal-fired electric utility steam generating units. (c) Compliance demonstration. Each coal-fired electric utility steam generating unit must demonstrate compliance with the applicable calendar year emission cap in subsection (6)(a) or (6)(b) of this rule using a mercury CEMS or sorbent trap monitoring system. Statutory/Other Authority: ORS 468.020 & 468A.310 Statutes/Other Implemented: ORS 468A.025 History: DEQ 4-2013, f. & cert. ef. 3-27-13 DEQ 8-2009, f. & cert. ef. 12-16-09 DEQ 3-2009, f. & cert. ef. 6-30-09 DEQ 15-2008, f. & cert. ef 12-31-08 DEQ 13-2006, f. & cert. ef. 12-22-06