1. (a) Small power production facilities. A small power production facility is a qualifying facility if it meets the:

   1. (1) Maximum size criteria specified in 23 CAR § 454-204(a);
   2. (2) Fuel use criteria specified in 23 CAR § 454-204(b); and
   3. (3) Ownership criteria specified in 23 CAR § 454-206.

2. (b) Cogeneration facilities. A cogeneration facility, including any diesel and dual fuel cogeneration facility, is a qualifying facility if it meets:

   1. (1) Any applicable operating and efficiency standards specified in 23 CAR § 454-205(a) and (b); and
   2. (2) The ownership criteria specified in this subpart.

Codification Notes: This section was promulgated as Section 2.3 of the Cogeneration Rules prior to codification in the Code of Arkansas Rules.