Stationary sources subject to Best Available Emissions Reduction (BAER)
DEQ's Climate Protection Program uses two approaches to regulate companies. One approach sets a declining limit, or cap, on greenhouse gas emissions from fossil fuels suppliers, including suppliers of diesel, gasoline, natural gas, and propane. A second approach is the Best Available Emissions Reduction (BAER) program. The BAER program applies to additional sources of emissions at industrial facilities that are not covered by the emissions cap. For example, some industrial processes like cement production include chemical reactions that produce greenhouse gasses. Other processes like semiconductor manufacturing and foam blowing use potent greenhouse gasses as part of their production process. Stationary sources (industrial facilities) are subject to BAER if their covered emissions are 25,000 or more metric tons of carbon dioxide (CO2) equivalent per year.
Oregon Administrative Rules (OAR) 340-271 determine who is subject to the program and what they must do.
- Call-in: DEQ notifies the facility in writing that they are being "called in" to the program. This step only applies to existing facilities.
- BAER assessment: within nine months of being "called in," a facility must submit an assessment that analyzes options for reducing emissions from the facility that are covered under this program.
- DEQ review: DEQ evaluates the facility's BAER Assessment. DEQ may ask for additional information, or additional alternatives to be evaluated. This could be an iterative process with the facility. [OAR 340-271-0310(3)]
- BAER order: DEQ releases a draft order that specifies what actions, if any, the facility must take to comply with the program. DEQ will consider info in the assessment and its own analyses. DEQ will also consider input from the public and communities near each source. [OAR 340-271-0320]
- Permit: The facility's air quality permit would need to include conditions that ensure the order is implemented. These conditions would become part of the facility's Air Contaminant Discharge Permit or Title V permit.
- Follow-up: Every five years after DEQ has issued a BAER order the facility must submit a status report to DEQ. DEQ will review and may re-open the process if something has changed. [OAR 340-271-0310(4)]
As the documents above are issued, DEQ will make them available on this website.
Facilities in BAER
Details about each facility currently subject to BAER are included below. As the process begins, DEQ will post relevant documents here.