Current through Register Vol. 63, No. 3, March 1, 2024
(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