340-271-0310 Best Available Emissions Reduction Assessments for Covered Stationary Sources (1) Requirement to conduct a BAER assessment. (a) When notified in writing by DEQ, the owner or operator of a covered stationary source described in OAR 340-271-0110(5)(a)(A) must submit a complete and accurate BAER assessment according to this rule. The owner or operator of the covered stationary source must submit a complete BAER assessment to DEQ not later than nine months following the date of DEQ’s notice, unless DEQ has identified a later deadline in its notice or DEQ approves an extension according to section (6). (b) The owner or operator of a new source described in OAR 340-271-0110(5)(a)(B) must submit a complete and accurate BAER assessment completed according to this rule with its permit application submitted according to OAR chapter 340, division 216, or its notice of construction application submitted according to OAR chapter 340, division 210. (c) Modifications. (A) A source that is a covered stationary source described in OAR 340-271-0110(5)(a)(C) must complete a BAER assessment if notified in writing by DEQ. DEQ will require a BAER assessment at the time of the modification only if DEQ determines that the modification represents a significant change to the equipment or processes that emit covered emissions at the source. (B) If the modification described in OAR 340-271-0110(5)(a)(C) is a notice of construction for a Type 2 change required under OAR 340-210-0230, DEQ will notify the source not later than 60 days after submittal of the notice of construction if a BAER assessment is required. Upon receipt of that notification, the owner or operator of the source must submit a complete and accurate BAER assessment completed according to this rule and an application for a permit modification submitted according to OAR chapter 340, division 216 or 218, as applicable. Notwithstanding OAR 340-210-0225(2) and (3), such permit modification application is a Type 3 change as described in OAR chapter 340, division 210. (2) BAER assessment requirements. BAER assessments submitted to DEQ must include the following: (a) A description of the covered stationary source’s production processes and a flow chart of each process; (b) Identification of all fuels, processes, equipment, and operations that contribute to the covered stationary source’s covered emissions, including: (A) Estimates of annual average covered emissions identified in OAR 340-271-0110(5)(b). For existing covered stationary sources, estimates must be of current annual average covered emissions. For new sources and existing sources proposing a modification, estimates must be of annual potential to emit covered emissions. Emissions must be identified in MT CO2e, following methodologies identified in OAR chapter 340, division 215. This must also include and distinguish quantities and covered emissions of each fuel used to control air contaminants that are not greenhouse gases; and (B) Estimates of current and anticipated type and annual quantity of all fuels used or proposed to be used by the covered stationary source; (c) Identification and description of all available fuels, processes, equipment, technology, systems, actions, and other strategies, methods and techniques for reducing covered emissions described in OAR 340-271-0110(5)(b). Strategies considered must include but are not limited to the strategies used by other sources in this state or in other jurisdictions that produce goods of comparable type, quantity, and quality; and (d) An assessment of each of the following for each strategy identified in subsection (c): (A) An estimate of annual average covered emissions reductions achieved if the strategy were implemented compared to the emissions estimated in paragraph (b)(A); (B) Environmental and health impacts, both positive and negative, if the strategy were implemented, including any impacts on air contaminants that are not greenhouse gases and impacts to nearby communities; (C) Energy impacts if the strategy were implemented, including whether and how the strategy would change energy consumption at the covered stationary source, including impacts related to any fuel use that results in anthropogenic greenhouse gas emissions. Any energy-related costs must be included in the economic impacts assessment in paragraph (D), not the energy impacts assessment; (D) Economic impacts if the strategy were implemented, including operating costs and the costs of changing existing processes or equipment or adding to existing processes and equipment. Any energy-related costs must be included in the economic impacts assessment, not the energy impacts assessment in paragraph (C). The economic impacts assessment must include both costs and cost savings (benefits); (E) An estimate of the time needed to fully implement the strategy at the covered stationary source; and (F) A list of the information, resources, and documents used to support development of the BAER assessment, including, if available, links to webpages that provide public access to supporting documents. (3) Upon receipt of a BAER assessment described in section (2), DEQ will review the submittal and if DEQ determines that any additional information, corrections, or updates are required then DEQ may provide the owner or operator of the covered stationary source with a written request to provide such information by a certain date or DEQ may issue the BAER order based on the information it has available. If DEQ requests that the owner or operator of the covered stationary source revise its BAER assessment according to this section, the owner or operator must provide such information no later than the deadline provided by DEQ. (4) Five year BAER reports. (a) Every five years following the date that DEQ issued a BAER order, the owner or operator of a covered stationary source must submit to DEQ a five year BAER report that includes an update of the information described in subsections (2)(a) through (c). (b) If one or more new strategies are identified in a five year BAER report required in subsection (a) that have not previously been evaluated in a BAER assessment, DEQ may notify the owner or operator of the covered stationary source and require that it conduct a complete BAER assessment according to section (2) and submit it to DEQ. Such complete BAER assessment must also include: (A) Evaluation of any new strategies identified and any previously identified strategies using any new information available at the time the assessment is being conducted; and (B) Current status and analysis of the implementation of requirements in any prior BAER order(s). (5) When notified in writing by DEQ, the owner or operator of a covered stationary source identified in section (1) may be required to conduct and submit an updated complete BAER assessment conducted according to this rule, in accordance with the following: (a) DEQ may not require the owner or operator of a covered stationary source to complete an updated BAER assessment within five years of the date of submission of the most recently completed BAER assessment unless the source is proposing a modification and is required to complete a new BAER assessment under OAR 340-271-0310(1)(c). However, if DEQ determines the owner or operator of a covered stationary source submitted information that it knew or should have known was false, inaccurate, or incomplete to DEQ, then DEQ may require the owner or operator of the covered stationary source to complete an updated BAER assessment within five years of the date of submission of the most recently completed BAER assessment; (b) The updated BAER assessment must include assessment of new strategies and previously identified strategies and any new information available at the time the assessment is being conducted; (c) The owner or operator of the covered stationary source must include current status and analysis of the implementation of requirements in any prior BAER order; and (d) The owner or operator of the covered stationary source must submit the updated BAER assessment to DEQ not later than nine months following the date of DEQ’s notice, unless DEQ has identified a later deadline in the notice or DEQ approves an extension according to section (6). (6) The owner or operator of a covered stationary source required to conduct a BAER assessment as described in sections (1) or (5) may request an extension of time to complete the BAER assessment by providing DEQ with a written request no fewer than 30 days prior to the submittal deadline. DEQ may grant an extension based on the following criteria: (a) The owner or operator of the covered stationary source has demonstrated progress in completing the submittal; and (b) A delay is necessary, for good cause shown by the owner or operator of the covered stationary source, related to obtaining more accurate or new data, performing additional analyses, or addressing changes in operations or other key parameters, any of which are likely to have a substantive impact on the outcomes of the BAER assessment. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.050 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468A.050, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 17-2023, amend filed 11/16/2023, effective 11/16/2023 DEQ 27-2021, adopt filed 12/16/2021, effective 12/16/2021