justicedao/ipfs_state_laws huggingface dataset:
340-218-0210 Public Participation (1) Except for modifications qualifying for minor permit modification procedures and administrative amendments, all permit proceedings, including initial permit issuance, significant modifications, Notice of Construction and Approval of Plans when there is an increase of emissions above the PSEL, and renewals, must provide adequate procedures for public notice including offering an opportunity for public comment and a hearing on the draft permit using the procedures in OAR 340 division 209 for Category III permit actions. (2) Any person who submitted written or oral comments during the public participation process described in OAR 340 division 209 will be an adversely affected or aggrieved person for purposes of ORS 183.484. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.310 Statutes/Other Implemented: ORS 183 & ORS 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2290 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 12-1993, f. & cert. ef. 9-24-93
340-218-0220 Contested Permits (1) A final permit issued by DEQ will become effective upon the date it was signed by the Air Quality Division Administrator or his or her designated representative, unless the applicant requests a hearing before the EQC or its authorized representative. A final permit issued by LRAPA will become effective upon the date it was signed by the LRAPA Director or his or her designated representative, unless the applicant requests a hearing before LRAPA's Board of Directors. (2) The request for hearing must be in writing within 20 days of the date of mailing of the notification of issuance of the permit. The applicant must specify which permit conditions are being challenged and why, including each alleged factual or legal objection. (3)(a) Permit conditions that are not contested, including any conditions that are severable from those contested, will remain in effect upon the date the permit was signed by the Air Quality Division Administrator or the LRAPA Director; (b) Upon such request for review, the effect of the contested conditions, as well as any conditions that are not severable from those contested, will be stayed only upon a showing that, during the pendency of the appeal, compliance with the contested conditions would require substantial expenditures or losses that would not be incurred if the applicant prevails on the merits of the review; and also that there exists a reasonable likelihood of success on the merits. DEQ may require that the contested conditions not be stayed if it finds that substantial endangerment of public health or welfare would result from the staying of the conditions. DEQ must deny or grant the stay within 30 days. (4) If an applicant requests a hearing pursuant to this section, then any adversely affected or aggrieved person, as those terms have been construed under ORS Chapter 183, may petition the EQC to be allowed to intervene in the contested case hearing to challenge any permit condition. This petition must be in writing and must be filed with the EQC at least 21 days before the date set for hearing. The petition must specify which permit conditions are being challenged and the reasons for those challenges, including each alleged factual or legal objection. (5) Any hearing held under this section will be conducted pursuant to the applicable provisions of ORS Chapter 183 and OAR 340 division 11. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040, 468A.155 & 468A.310 Statutes/Other Implemented: ORS 183 & 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2300 DEQ 12-1993, f. & cert. ef. 9-24-93
340-218-0240 Enforcement (1) No person may violate the conditions of any Oregon Title V Operating Permit issued to the person under this division. (2) Whenever it appears to DEQ that any activity in violation of a permit that results in air pollution or air contamination is presenting an imminent and substantial endangerment to the public health, DEQ may enter a cease and desist order pursuant to ORS 468.115 or seek injunction relief pursuant to 468.100. (3)(a) Whenever DEQ has good cause to believe that any person is engaged in or about to engage in acts or practices that constitute a violation of any part of the stationary source air permitting rules or any provision of a permit issued pursuant to these rules, DEQ may seek injunctive relief in court to enforce compliance thereto or to restrain further violations; (b) The proceedings authorized by subsection (a) may be instituted without the necessity of prior agency revocation of the permit or during a permit revocation proceeding if one has been commenced. (4) In addition to the enforcement authorities contained in sections (2) and (3) and any other penalty provided by law, any person who violates any of the following will incur a civil penalty as authorized under ORS 468.140 and established pursuant to OAR chapter 340, division 12: (a) Any applicable requirement; (b) Any permit condition; (c) Any fee or filing requirements; (d) Any duty to allow or carry out inspection, entry or monitoring activities; or (e) Any rules or orders issued by DEQ. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.310 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 19-2022, amend filed 11/18/2022, effective 03/01/2023 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2320 DEQ 12-1993, f. & cert. ef. 9-24-93
340-220-0010 Purpose, Scope And Applicability (1) The purpose of this division is to provide owners and operators of Oregon Title V Operating Permit program sources and DEQ with the criteria and procedures to determine emissions and fees based on air emissions and specific activities. (2) This division applies to Oregon Title V Operating Permit program sources as defined in OAR 340-200-0020. (3) The owner or operator may elect to pay emission fees for each regulated pollutant on either actual emissions or permitted emissions. (4) Sources subject to the Oregon Title V Operating Permit program defined in OAR 340-200-0020, are subject to both an annual base fee established under 340-220-0030 and an emission fee calculated under 340-220-0040. (5) Sources subject to the Oregon Title V Operating Permit program may also be subject to specific activity fees (OAR 340-220-0050 and 340-216-0090). (6) DEQ will credit owners and operators of new Oregon Title V Operating Permit program sources for the unused portion of paid Annual Fees. The credit will begin from the date DEQ receives the Title V permit application. (7) Subject to the requirements in this division and OAR 340-200-0010(3), LRAPA is designated by the EQC to implement the rules in this division within its area of jurisdiction. Statutory/Other Authority: ORS 468.020, 468.065, 468A.310 & 468A.315 Statutes/Other Implemented: ORS 468.065 & 468A.315 History: DEQ 19-2019, minor correction filed 08/14/2019, effective 08/14/2019 DEQ 197-2018, amend filed 11/16/2018, effective 11/16/2018 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 10-2008, f. & cert. ef. 8-25-08 Reverted to DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2560 DEQ 10-1999, f. & cert. ef. 7-1-99 DEQ 7-1996, f. & cert. ef. 5-31-96 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 13-1994, f. & cert. ef. 5-19-94 DEQ 20-1993(Temp), f. & cert. ef. 11-4-93
340-220-0020 Definitions The definitions in OAR 340-200-0020, 340-204-0010, 340-245-0020, and this rule apply to this division. If the same term is defined in this rule and 340-200-0020, 340-204-0010 or 340-245-0020, the definition in this rule applies to this division. Particulates. For purposes of this division, particulates mean PM10; or if a source’s permit specifies particulate matter (PM) and not PM10, then PM; or if a source’s permit specifies PM2.5 and neither PM10 nor PM, then PM2.5. Statutory/Other Authority: ORS 468.020, 468.065, 468A.310 & 468A.315 Statutes/Other Implemented: ORS 468.065 & 468A.315 History: DEQ 197-2018, amend filed 11/16/2018, effective 11/16/2018 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 10-2008, f. & cert. ef. 8-25-08 Reverted to DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99
340-220-0030 Annual Base Fee (1) DEQ will assess an annual base fee of $12,879 for each source subject to the Oregon Title V Operating Permit program for the period of November 15, 2024 to November 14, 2025. (2) DEQ will assess an annual base fee of $16,482 for each source subject to the Oregon Title V Operating Permit program for the period of November 15, 2025 to November 14, 2026, and for each annual period thereafter. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468 & 468A History: DEQ 15-2025, amend filed 07/07/2025, effective 07/07/2025 DEQ 2-2024, amend filed 01/25/2024, effective 01/25/2024 DEQ 9-2023, temporary amend filed 07/20/2023, effective 08/01/2023 through 01/27/2024 DEQ 14-2022, amend filed 08/16/2022, effective 08/16/2022 DEQ 10-2021, amend filed 07/23/2021, effective 07/23/2021 DEQ 12-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 189-2018, amend filed 07/13/2018, effective 07/13/2018 DEQ 1-2017, f. & cert. ef. 1-19-17 DEQ 7-2016, f. & cert. ef. 6-9-16 DEQ 2-2015, f. & cert. ef. 1-7-15 DEQ 10-2014, f. & cert. ef. 9-4-14 DEQ 9-2012, f. & cert. ef. 12-11-12 DEQ 5-2012, f. & cert. ef. 7-2-12 DEQ 16-2010, f. & cert. ef. 12-20-10 Reverted to DEQ 10-2008, f. & cert. ef. 8-25-08 DEQ 4-2009(Temp), f. & cert. ef. 8-27-09 thru 2-20-10 DEQ 10-2008, f. & cert. ef. 8-25-08 Reverted to DEQ 7-2006, f. & cert. ef. 6-30-06 DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08 DEQ 7-2006, f. & cert. ef. 6-30-06 DEQ 6-2005, f. & cert. ef. 7-11-05 DEQ 6-2004, f. & cert. ef. 7-29-04 DEQ 11-2003, f. & cert. ef. 7-23-03 DEQ 7-2001, f. 6-28-01, cert. ef. 7-1-01 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 8-2000, f. & cert. ef. 6-6-00 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2580 DEQ 10-1999, f. & cert. ef. 7-1-99 DEQ 12-1998, f. & cert. ef. 6-30-98 DEQ 9-1997, f. & cert. ef. 5-9-97 DEQ 7-1996, f. & cert. ef. 5-31-96 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 12-1995, f. & cert. ef. 5-23-95 DEQ 13-1994, f. & cert. ef. 5-19-94 DEQ 20-1993(Temp), f. & cert. ef. 11-4-93
340-220-0040 Emission Fee (1) For operations during the period of November 15, 2024 to November 14, 2025, DEQ will assess an emission fee of $121 per ton of each regulated pollutant emitted during calendar year 2023 to each source subject to the Oregon Title V Operating Permit Program. (2) For operations during the period of November 15, 2025 to November 14, 2026, DEQ will assess an emission fee of $124.63 per ton of each regulated pollutant emitted during calendar year 2024 to each source subject to the Oregon Title V Operating Permit Program. DEQ will assess the same per ton emission fee for operations in subsequent comparable November 15 to November 14 operating periods, based on subsequent calendar year’s emissions of regulated pollutants, respectively, to each source subject to the Oregon Title V Operating Permit Program. (3) The emission fee will be applied to emissions based on the elections made according to OAR 340-220-0090. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 15-2025, amend filed 07/07/2025, effective 07/07/2025 DEQ 2-2024, amend filed 01/25/2024, effective 01/25/2024 DEQ 9-2023, temporary amend filed 07/20/2023, effective 08/01/2023 through 01/27/2024 DEQ 14-2022, amend filed 08/16/2022, effective 08/16/2022 DEQ 10-2021, amend filed 07/23/2021, effective 07/23/2021 DEQ 12-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 189-2018, amend filed 07/13/2018, effective 07/13/2018 DEQ 1-2017, f. & cert. ef. 1-19-17 DEQ 7-2016, f. & cert. ef. 6-9-16 DEQ 2-2015, f. & cert. ef. 1-7-15 DEQ 10-2014, f. & cert. ef. 9-4-14 DEQ 9-2012, f. & cert. ef. 12-11-12 DEQ 16-2010, f. & cert. ef. 12-20-10 DEQ 4-2009(Temp), f. & cert. ef. 8-27-09 thru 2-20-10 DEQ 10-2008, f. & cert. ef. 8-25-08 DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08 DEQ 7-2006, f. & cert. ef. 6-30-06 DEQ 6-2005, f. & cert. ef. 7-11-05 DEQ 6-2004, f. & cert. ef. 7-29-04 DEQ 11-2003, f. & cert. ef. 7-23-03 DEQ 7-2001, f. 6-28-01, cert. ef. 7-1-01 DEQ 8-2000, f. & cert. ef. 6-6-00 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2590 DEQ 10-1999, f. & cert. ef. 7-1-99 DEQ 12-1998, f. & cert. ef. 6-30-98 DEQ 9-1997, f. & cert. ef. 5-9-97 DEQ 7-1996, f. & cert. ef. 5-31-96 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 12-1995, f. & cert. ef. 5-23-95 DEQ 13-1994, f. & cert. ef. 5-19-94 DEQ 20-1993(Temp), f. & cert. ef. 11-4-93
340-220-0060 Pollutants Subject to Emission Fees (1) DEQ will assess emission fees on emissions of regulated pollutants up to and including 7,000 tons per year of all regulated pollutants for each source each calendar year thereafter. (2) The owner or operator must pay emission fees for all regulated pollutants emitted from the source, except as limited in section (1). Statutory/Other Authority: ORS 468.020, 468.065, 468A.310 & 468A.315 Statutes/Other Implemented: ORS 468.065 & 468A.315 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 10-2014, f. & cert. ef. 9-4-14 DEQ 10-2008, f. & cert. ef. 8-25-08 Reverted to DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2610 DEQ 10-1999, f. & cert. ef. 7-1-99 DEQ 19-1996, f. & cert. ef. 9-24-96 DEQ 13-1994, f. & cert. ef. 5-19-94 DEQ 20-1993(Temp), f. & cert. ef. 11-4-93
340-220-0070 Exclusions (1) DEQ will not assess emission fees on newly permitted major sources that have not begun initial operation. (2) DEQ will not assess emission fees on carbon monoxide. However, sources that emit or are permitted to emit 100 tons or more per year of carbon monoxide are subject to the emission fees on all other regulated pollutants pursuant to OAR 340-220-0010. (3) DEQ will not assess emission fees on any device or activity that did not operate at any time during the calendar year. (4) If an owner or operator of an Oregon Title V Operating Permit program source operates a device or activity for less than 5% of the permitted operating schedule, the owner or operator may elect to report emissions based on a proration of the permitted emissions for the actual operating time. (5) DEQ will not assess emission fees on emissions categorized as credits or unassigned emissions within an Oregon Title V Operating Permit. (6) DEQ will not assess emission fees on categorically insignificant emissions as defined in OAR 340-200-0020. Statutory/Other Authority: ORS 468.020, 468.065, 468A.310 & 468A.315 Statutes/Other Implemented: ORS 468.065 & 468A.315 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 10-2008, f. & cert. ef. 8-25-08 Reverted to DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2620 DEQ 10-1999, f. & cert. ef. 7-1-99 DEQ 19-1996, f. & cert. ef. 9-24-96 DEQ 22-1995, f. & cert. ef. 10-6-95 DEQ 24-1994, f. & ef. 10-28-94 DEQ 13-1994, f. & cert. ef. 5-19-94 DEQ 20-1993(Temp), f. & cert. ef. 11-4-93
340-220-0080 References Reference documents used in this division include the DEQ Source Sampling Manual and the DEQ Continuous Monitoring Manual. [NOTE: DEQ manuals are published with OAR 340-200-0035.] Statutory/Other Authority: ORS 468.020, 468.065 & 468A.315 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2630 DEQ 13-1994, f. & ef. 5-19-94
340-220-0090 Election for Each Regulated Pollutant (1) The owner or operator must elect to pay emission fees on either actual emissions, permitted emissions, or a combination of both for the previous calendar year for each regulated pollutant and notify DEQ using OAR 340-220-0110. (2) If an owner or operator fails to notify DEQ of the election for a regulated pollutant, DEQ will assess emission fees based on permitted emissions. (3) If the permit or review report does not identify permitted emissions for a regulated pollutant, DEQ will develop representative permitted emissions. (4) An owner or operator may elect to pay emission fees on the aggregate limit for insignificant emissions that are not categorically insignificant activity emissions. Statutory/Other Authority: ORS 468.020, 468.065 & 468A.310 Statutes/Other Implemented: ORS 468.065 & 468A.315 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 10-2008, f. & cert. ef. 8-25-08 Reverted to DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2640 DEQ 19-1996, f. & cert. ef. 9-24-96 DEQ 12-1995, f. & cert. ef. 5-23-95 DEQ 13-1994, f. & cert. ef. 5-19-94 DEQ 20-1993(Temp), f. & cert. ef. 11-4-93
340-220-0100 Emission Reporting (1) Using a form developed by DEQ the owner or operator must report the following emissions: (a) Particulates; (b) Sulfur Dioxide as SO2; (c) Oxides of Nitrogen (NOx) as Nitrogen Dioxide (NO2); (d) Volatile Organic Compounds as: (A) VOC for material balance emission reporting; or (B) Propane (C3H8), unless otherwise specified by permit, OAR 340, or a method approved by DEQ, for emissions verified by source testing. (2) The owner or operator must report emissions in tons per year and as follows: (a) Round up to the nearest whole ton for emission values 0.5 and greater; and (b) Round down to the nearest whole ton for emission values less than 0.5. (3) The owner or operator electing to pay emission fees on actual emissions for a regulated pollutant must submit documentation necessary to support the actual emissions using OAR 340-220-0120. (4) The owner or operator electing to pay on actual emissions must report total emissions, including those emissions in excess of 4,000 tons for each regulated pollutant and in excess of 7,000 tons for all regulated pollutants. (5) The owner or operator electing to pay on permitted emissions for a regulated pollutant must identify such an election on the form developed by DEQ. (6) If more than one permit is in effect for a calendar year for an Oregon Title V Operating Permit program source, the owner or operator electing to pay on permitted emissions must pay on the most current permitted or actual emissions. Statutory/Other Authority: ORS 468.020, 468.065, 468A.050, 468A.070, 468A.310 & 468A.315 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 10-2008, f. & cert. ef. 8-25-08 DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2650 DEQ 10-1999, f. & cert. ef. 7-1-99 DEQ 19-1996, f. & cert. ef. 9-24-96 DEQ 12-1995, f. & cert. ef. 5-23-95 DEQ 24-1994, f. & cert. ef. 10-28-94 DEQ 13-1994, f. & cert. ef. 5-19-94 DEQ 20-1993(Temp), f. & cert. ef. 11-4-93 DEQ 13-1993, f. & cert. ef. 9-24-93
340-220-0110 Emission Reporting and Fee Procedures (1) The owner or operator must submit the required form, including the election to pay on permitted or actual emissions for each regulated pollutant, to DEQ with the annual permit report using annual reporting procedures. (2) The owner or operator may request that information, other than emission information, submitted pursuant to this division be exempt from disclosure under OAR 340-214-0130. (3) Records developed using these rules are subject to inspection and entry requirements in OAR 340-218-0080. The owner or operator must retain records for at least five years under 340-218-0050(3)(b)(B). (4) DEQ may accept the information submitted or request additional information from the owner or operator. The owner or operator must submit additional actual emission information requested by DEQ within 30 days of the date of the request. DEQ may approve a request for additional time, up to 30 days, to submit the requested information. (5) If DEQ determines the actual emission information submitted for any regulated pollutant does not meet the criteria in this division, DEQ will assess the emission fee on the permitted emission for that regulated pollutant. (6) The owner or operator must submit emission fees payable to DEQ by the later of: (a) August 1 for emission fees from the previous calendar year; or (b) Thirty days after DEQ mails the fee invoice. (7) DEQ acceptance of emission fees does not indicate approval of data collection methods, calculation methods, or information reported on Emission Reporting Forms. If DEQ determines initial emission fee assessments were inaccurate or inconsistent with this division, DEQ may assess or refund emission fees up to two years after emission fees are received by DEQ. (8) DEQ will not revise a PSEL solely due to an emission fee payment. (9) Owners or operators operating sources pursuant to OAR 340 division 218 must submit the emission reporting information with the annual permit report. Statutory/Other Authority: ORS 468.020, 468.065, 468A.050, 468A.310 & 468A.315 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 10-2008, f. & cert. ef. 8-25-08 Reverted to DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2660 DEQ 10-1999, f. & cert. ef. 7-1-99 DEQ 13-1994, f. & cert. ef. 5-19-94 DEQ 20-1993(Temp), f. & cert. ef. 11-4-93
340-220-0120 Actual Emissions (1) Actual emissions include, but are not limited to, routine process emissions, fugitive emissions, and excess emissions from maintenance, startups and shutdowns, equipment malfunction, and other activities, but do not include categorically insignificant activities and secondary emissions. (2) Actual emissions must be directly measured with a continuous monitoring system or calculated using a material balance or verified emission factor determined under division 220 in combination with the source's actual operating hours, production rates, or types of materials processed, stored, or combusted during the specified time period. (3) An owner or operator electing to pay on actual emissions must obtain emission data and determine regulated pollutant emissions using one of the following methods: (a) Continuous monitoring systems used in OAR 340-220-0130; (b) Verified emission factors developed for a particular source or a combination of sources venting to a common stack using OAR 340-220-0170; (c) Material balances determined using OAR 340-220-0140, 340-220-0150, or 340-220-0160; or (d) Verified emission factors for source categories developed using OAR 340-220-0170(11). Statutory/Other Authority: ORS 468.020, 468.065, 468A.070, 468A.310 & 468A.315 Statutes/Other Implemented: ORS 468 & 468A History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 10-2008, f. & cert. ef. 8-25-08 Reverted to DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2670 DEQ 19-1996, f. & cert. ef. 9-24-96 DEQ 12-1995, f. & cert. ef. 5-23-95 DEQ 13-1994, f. & cert. ef. 5-19-94 DEQ 20-1993(Temp), f. & cert. ef. 11-4-93