Title 40—Protection of Environment--Volume 1
PART 82—PROTECTION OF STRATOSPHERIC OZONE
§ 82.24   Recordkeeping and reporting requirements for class II controlled substances.
(a) Recordkeeping and reporting. Any person who produces, imports, exports, transforms, or destroys class II controlled substances must comply with the following recordkeeping and reporting requirements:
(1) Reports required by this section must be submitted to the Administrator within 45 days of the end of the applicable reporting period, unless otherwise specified. Starting May 18, 2020, reports that are available for submission through the Central Data Exchange or another format specified by EPA must be submitted electronically through that tool.
(2) Revisions of reports that are required by this section must be mailed to the Administrator within 180 days of the end of the applicable reporting period, unless otherwise specified.
(3) Records and copies of reports required by this section must be retained for three years.
(4) Quantities of class II controlled substances must be stated in terms of kilograms in reports required by this section.
(5) Reports and records required by this section may be used for purposes of compliance determinations. These requirements are not intended as a limitation on the use of other evidence admissible under the Federal Rules of Evidence. Failure to provide the reports, petitions and records required by this section and to certify the accuracy of the information in the reports, petitions and records required by this section, will be considered a violation of this subpart. False statements made in reports, petitions and records will be considered violations of Section 113 of the Clean Air Act and under 18 U.S.C. 1001.
(b) Producers. Persons (“producers”) who produce class II controlled substances during a control period must comply with the following recordkeeping and reporting requirements:
(1) Reporting—Producers. For each quarter, each producer of a class II controlled substance must provide the Administrator with a report containing the following information:
(i) The quantity (in kilograms) of production of each class II controlled substance used in processes resulting in their transformation by the producer and the quantity (in kilograms) intended for transformation by a second party;
(ii) The quantity (in kilograms) of production of each class II controlled substance used in processes resulting in their destruction by the producer and the quantity (in kilograms) intended for destruction by a second party;
(iii) The expended allowances for each class II controlled substance;
(iv) [Reserved]
(v) The quantity (in kilograms) of class II controlled substances sold or transferred during the quarter to a person other than the producer for use in processes resulting in their transformation or eventual destruction;
(vi) A list of the quantities and names of class II controlled substances, exported by the producer to a Party to the Protocol, that will be transformed or destroyed and therefore were not produced expending production or consumption allowances;
(vii) For transformation in the U.S. or by a person of another Party, one copy of a transformation verification from the transformer for a specific class II controlled substance and a list of additional quantities shipped to that same transformer for the quarter;
(viii) For destruction in the U.S. or by a person of another Party, one copy of a destruction verification as required in paragraph (e) of this section for a particular destroyer, destroying the same class II controlled substance, and a list of additional quantities shipped to that same destroyer for the quarter; and
(ix) [Reserved]
(x) In cases where the producer produced class II controlled substances using Article 5 allowances, a list of U.S. entities that purchased those class II controlled substances and exported them to Article 5 countries.
(2) Recordkeeping—Producers. Every producer of a class II controlled substance during a control period must maintain the following records:
(i) Dated records of the quantity (in kilograms) of each class II controlled substance produced at each facility;
(ii) Dated records of the quantity (in kilograms) of class II controlled substances produced for use in processes that result in their transformation or for use in processes that result in their destruction;
(iii) Dated records of the quantity (in kilograms) of class II controlled substances sold for use in processes that result in their transformation or for use in processes that result in their destruction;
(iv) Dated records of the quantity (in kilograms) of class II controlled substances produced with Article 5 allowances;
(v) Copies of invoices or receipts documenting sale of class II controlled substances for use in processes that result in their transformation or for use in processes that result in their destruction;
(vi) Dated records of the quantity (in kilograms) of each class II controlled substance used at each facility as feedstocks or destroyed in the manufacture of a class II controlled substance or in the manufacture of any other substance, and any class II controlled substance introduced into the production process of the same class II controlled substance at each facility;
(vii) Dated records of the quantity (in kilograms) of raw materials and feedstock chemicals used at each facility for the production of class II controlled substances;
(viii) Dated records of the shipments of each class II controlled substance produced at each plant;
(ix) The quantity (in kilograms) of class II controlled substances, the date received, and names and addresses of the source of used materials containing class II controlled substances which are recycled or reclaimed at each plant;
(x) Records of the date, the class II controlled substance, and the estimated quantity of any spill or release of a class II controlled substance that equals or exceeds 100 pounds;
(xi) Transformation verification in the case of transformation, or the destruction verification in the case of destruction as required in paragraph (e) of this section showing that the purchaser or recipient of a class II controlled substance, in the U.S. or in another country that is a Party, certifies the intent to either transform or destroy the class II controlled substance, or sell the class II controlled substance for transformation or destruction in cases when allowances were not expended; and
(xii) [Reserved]
(xiii) Written verifications from a U.S. purchaser that the class II controlled substance was exported to an Article 5 country in cases where Article 5 allowances were expended to produce the class II controlled substance.
(3) For any person who fails to maintain the records required by this paragraph, or to submit the report required by this paragraph, the Administrator may assume that the person has produced at full capacity during the period for which records were not kept, for purposes of determining whether the person has violated the prohibitions at § 82.15.
(c) Importers. Persons (“importers”) who import class II controlled substances during a control period must comply with the following recordkeeping and reporting requirements:
(1) Reporting—Importers. For each quarter, an importer of a class II controlled substance (including importers of used class II controlled substances) must submit to the Administrator a report containing the following information:
(i) Summaries of the records required in paragraphs (c)(2)(i) through (xvi) of this section for the previous quarter;
(ii) The total quantity (in kilograms) imported of each class II controlled substance for that quarter;
(iii) The commodity code for the class II controlled substances imported, which must be one of those listed in Appendix K to this subpart;
(iv) The quantity (in kilograms) of those class II controlled substances imported that are used class II controlled substances;
(v) The quantity (in kilograms) of class II controlled substances imported for that quarter and totaled by chemical for the control period to date;
(vi) [Reserved]
(vii) The quantity (in kilograms) of class II controlled substances imported for use in processes resulting in their transformation or destruction;
(viii) The quantity (in kilograms) of class II controlled substances sold or transferred during that quarter to each person for use in processes resulting in their transformation or eventual destruction; and
(ix) Transformation verifications showing that the purchaser or recipient of imported class II controlled substances intends to transform those substances or destruction verifications showing that the purchaser or recipient intends to destroy the class II controlled substances (as provided in paragraph (e) of this section).
(2) Recordkeeping—Importers. An importer of a class II controlled substance (including used class II controlled substances) must maintain the following records:
(i) The quantity (in kilograms) of each class II controlled substance imported, either alone or in mixtures, including the percentage of each mixture which consists of a class II controlled substance;
(ii) The quantity (in kilograms) of those class II controlled substances imported that are used and the information provided with the petition where a petition is required under paragraph (c)(3) of this section;
(iii) The quantity (in kilograms) of class II controlled substances other than transhipments or used substances imported for use in processes resulting in their transformation or destruction;
(iv) The quantity (in kilograms) of class II controlled substances other than transhipments or used substances imported and sold for use in processes that result in their destruction or transformation;
(v) The date on which the class II controlled substances were imported;
(vi) The port of entry through which the class II controlled substances passed;
(vii) The country from which the imported class II controlled substances were imported;
(viii) The commodity code for the class II controlled substances shipped, which must be one of those listed in Appendix K to this subpart;
(ix) The importer number for the shipment;
(x) A copy of the bill of lading for the import;
(xi) The invoice for the import;
(xii) The quantity (in kilograms) of imports of used class II controlled substances;
(xiii) The U.S. Customs entry number;
(xiv) Dated records documenting the sale or transfer of class II controlled substances for use in processes resulting in their transformation or destruction; and
(xv) Copies of transformation verifications or destruction verifications indicating that the class II controlled substances will be transformed or destroyed (as provided in paragraph (e) of this section).
(3) Petition to import used class II controlled substances and transhipment-Importers. For each individual shipment over 5 pounds of a used class II controlled substance as defined in § 82.3 for which EPA has apportioned baseline production and consumption allowances, an importer must submit directly to the Administrator, at least 40 working days before the shipment is to leave the foreign port of export, the following information in a petition:
(i) The name, commodity code and quantity (in kilograms) of the used class II controlled substance to be imported;
(ii) The name and address of the importer, the importer ID number, the contact person, email address, and phone number;
(iii) Name, address, contact person, email address, and phone number of all previous source facilities from which the used class II controlled substance was recovered;
(iv) A detailed description of the previous use of the class II controlled substance at each source facility and a best estimate of when the specific controlled substance was put into the equipment at each source facility, and, when possible, documents indicating the date the material was put into the equipment;
(v) A list of the name, make and model number of the equipment from which the material was recovered at each source facility;
(vi) Name, address, contact person, email address, and phone number of the exporter and of all persons to whom the material was transferred or sold after it was recovered from the source facility;
(vii) The U.S. port of entry for the import, the expected date of shipment and the vessel transporting the chemical. If at the time of submitting a petition the importer does not know the U.S. port of entry, the expected date of shipment and the vessel transporting the chemical, and the importer receives a non-objection notice for the individual shipment in the petition, the importer is required to notify the Administrator of this information prior to the actual U.S. Customs entry of the individual shipment;
(viii) A description of the intended use of the used class II controlled substance, and, when possible, the name, address, contact person, email address, and phone number of the ultimate purchaser in the United States;
(ix) The name, address, contact person, email address, and phone number of the U.S. reclamation facility, where applicable;
(x) If someone at the source facility recovered the class II controlled substance from the equipment, the name, email address, and phone number of that person;
(xi) If the imported class II controlled substance was reclaimed in a foreign Party, the name, address, contact person, email address, and phone number of any or all foreign reclamation facility(ies) responsible for reclaiming the cited shipment;
(xii) The export license, application for an export license, or official communication acknowledging the export from the appropriate government agency in the country of export and, if recovered in another country, the export license or official communication from the appropriate government agency in that country, and quantity authorized for export in kilograms on the export license, and an English translation of these documents;
(xiii) If the imported used class II controlled substance is intended to be sold as a refrigerant in the United States, the name, address, and email address of the EPA-certified U.S. reclaimer who will bring the material to the standard required under subpart F of this part, if not already reclaimed to those specifications; and
(xiv) A certification of accuracy of the information submitted in the petition.
(4) Review of petition to import used class II controlled substances and transhipments—Importers. Starting on the first working day following receipt by the Administrator of a petition to import a used class II controlled substance, the Administrator will initiate a review of the information submitted under paragraph (c)(3) of this section and take action within 40 working days to issue either an objection-notice or a non-objection notice for the individual shipment to the person who submitted the petition to import the used class II controlled substance.
(i) The Administrator may issue an objection notice to a petition for the following reasons:
(A) If the Administrator determines that the information is insufficient, that is, if the petition lacks or appears to lack any of the information required under paragraph (c)(3) of this section or other information that may be requested during the review of the petition necessary to verify that the controlled substance is used;
(B) If the Administrator determines that any portion of the petition contains false or misleading information, or the Administrator has information from other U.S. or foreign government agencies indicating that the petition contains false or misleading information;
(C) If the transaction appears to be contrary to provisions of the Vienna Convention on Substances that Deplete the Ozone Layer, the Montreal Protocol and Decisions by the Parties, or the non-compliance procedures outlined and instituted by the Implementation Committee of the Montreal Protocol;
(D) If the appropriate government agency in the exporting country has not agreed to issue an export license for the cited individual shipment of used class II controlled substance;
(E) If reclamation capacity is installed or is being installed for that specific class II controlled substance in the country of recovery or country of export and the capacity is funded in full or in part through the Multilateral Fund.
(ii) Within ten (10) working days after receipt of the objection notice, the importer may re-petition the Administrator, only if the Administrator indicated “insufficient information” as the basis for the objection notice. If no appeal is taken by the tenth working day after the date on the objection notice, the objection shall become final. Only one re-petition will be accepted for any original petition received by EPA.
(iii) Any information contained in the re-petition which is inconsistent with the original petition must be identified and a description of the reason for the inconsistency must accompany the re-petition.
(iv) In cases where the Administrator does not object to the petition based on the criteria listed in paragraph (c)(4)(i) of this section, the Administrator will issue a non-objection notice.
(v) To pass the approved used class II controlled substances through U.S. Customs, the non-objection notice issued by EPA must accompany the shipment through U.S. Customs.
(vi) If for some reason, following EPA's issuance of a non-objection notice, new information is brought to EPA's attention which shows that the non-objection notice was issued based on false information, then EPA has the right to:
(A) Revoke the non-objection notice;
(B) Pursue all means to ensure that the class II controlled substance is not imported into the U.S.; and
(C) Take appropriate enforcement actions.
(vii) A person receiving the non-objection notice is permitted to import the individual shipment only within one year of the date stamped on the non-objection notice.
(viii) A person receiving a non-objection notice from the Administrator for a petition to import used class II controlled substances must maintain the following records:
(A) A copy of the petition;
(B) The EPA non-objection notice;
(C) The bill of lading for the import; and
(D) The U.S. Customs entry number.
(5) Recordkeeping for transhipments—Importers. Any person who tranships a class II controlled substance must maintain records that indicate:
(i) That the class II controlled substance shipment originated in a foreign country;
(ii) That the class II controlled substance shipment is destined for another foreign country; and
(iii) That the class II controlled substance shipment will not enter interstate commerce within the U.S.
(6) Certification of intent to import for destruction. For each individual shipment of a class II controlled substance imported with the intent to destroy that substance, an importer must submit electronically to the Administrator, at least 30 working days before the shipment is to leave the foreign port of export, the following information:
(i) Name, commodity code, and quantity in kilograms of each controlled substance to be imported;
(ii) Name and address of the importer, the importer ID number, and the contact person's name, email address, and phone number;
(iii) Name and address of any intermediary who aggregates controlled substances imported for destruction, and the contact person's name, email address, and phone number;
(iv) The U.S. port of entry for the import, the expected date of shipment and the vessel transporting the material. If at the time of submitting the certification of intent to import for destruction the importer does not know the U.S. port of entry, the expected date of shipment and the vessel transporting the material, and the importer receives a non-objection notice for the individual shipment in the petition, the importer is required to notify the Administrator of this information prior to the entry of the individual shipment into the United States;
(v) Name, address, contact person, email address, and phone number of the responsible party at the destruction facility;
(vi) The export license, application for an export license, or official communication acknowledging the export from the appropriate government agency in the country of export and, if recovered in another country, the export license or official communication from the appropriate government agency in that country, and quantity authorized for export in kilograms on the export license, and an English translation of these documents; and
(vii) A certification of accuracy of the information submitted in the certification.
(7) Destruction verification. For each individual shipment of a class II controlled substance imported with the intent to destroy that substance, an importer must submit to the Administrator a copy of the destruction verification within 30 days after destruction of the controlled substance(s).
(8) Review of certification of intent to import for destruction. (i) Starting on the first working day following receipt by the Administrator of a certification of intent to import a class II controlled substance for destruction, the Administrator will initiate a review of the information submitted under paragraph (c)(6) of this section and take action within 30 working days to issue either an objection notice or a non-objection notice for the individual shipment to the person who submitted the certification of intent to import the class II controlled substance for destruction.
(ii) The Administrator may issue an objection notice if the petition lacks or appears to lack any of the information required under paragraph (c)(6) of this section or for the reasons listed in paragraphs (c)(4)(i)(B) through (E) of this section.
(iii) In cases where the Administrator does not object to the petition, the Administrator will issue a non-objection notice.
(iv) To pass the approved class II controlled substances through U.S. Customs, the non-objection notice issued by EPA must accompany the shipment through U.S. Customs.
(v) If for some reason, following EPA's issuance of a non-objection notice, new information is brought to EPA's attention which shows that the non-objection notice was issued based on false information, then EPA has the right to:
(A) Revoke the non-objection notice;
(B) Pursue all means to ensure that the class II controlled substance is not imported into the United States; and
(C) Take appropriate enforcement actions.
(9) Timing of import. A person receiving the non-objection notice is permitted to import the individual shipment only within one year of the date stamped on the non-objection notice.
(10) Additional recordkeeping requirements—importers of used, recycled, or reclaimed controlled substances. A person receiving a non-objection notice from the Administrator for a certification of intent to import class II controlled substances for destruction must maintain the following records:
(i) A copy of the certificate of intent to import for destruction;
(ii) The EPA non-objection notice;
(iii) A copy of the export license, export license application, or official communication from the appropriate government agency in the country of export;
(iv) U.S. Customs entry documents for the import that must include one of the commodity codes from appendix K to this subpart;
(v) The date, amount, and type of controlled substance sent for destruction, per shipment;
(vi) An invoice from the destruction facility verifying the shipment was received;
(vii) A copy of the destruction verification from the destruction facility; and
(viii) An English translation of the document in paragraph (c)(10)(iii) of this section.
(11) Recordkeeping requirements-aggregators. A person identified in paragraph (c)(6)(iii) of this section as aggregating a controlled substance prior to destruction must:
(i) Maintain transactional records that include the name and address of the entity from whom they received the controlled substance imported for destruction;
(ii) Maintain transactional records that include the name and address of the entity to whom they sent the controlled substance imported for destruction;
(iii) Maintain records that include the date and quantity of the imported controlled substance received for destruction;
(iv) Maintain records that include the date and quantity of the imported controlled substance sent for destruction; and
(v) If the person is the final aggregator of such a controlled substance before the material is destroyed, maintain a copy of the destruction verification.
(d) Exporters. Persons (“exporters”) who export class II controlled substances during a control period must comply with the following reporting requirements:
(1) Reporting requirements—exporters. For any exports of class II controlled substances not reported under paragraph (b)(2) of this section (reporting for producers of class II controlled substances), each exporter who exported a class II controlled substance must submit to the Administrator the following information within 30 days after the end of each quarter in which the unreported exports left the United States:
(i) The names and addresses of the exporter and the recipient of the exports;
(ii) The exporter's Employer Identification Number;
(iii) The type and quantity of each class II controlled substance exported, including the quantity of controlled substance that is used, reclaimed, or recycled;
(iv) The date on which, and the port from which, the class II controlled substances were exported from the U.S. or its territories;
(v) The country to which the class II controlled substances were exported;
(vi) The quantity (in kilograms) exported to each Article 5 country;
(vii) The commodity code for the class II controlled substances shipped, which must be one of those listed in Appendix K to this subpart;
(viii) For persons reporting transformation or destruction, the invoice or sales agreement containing language similar to the transformation verifications that the purchaser or recipient of imported class II controlled substances intends to transform those substances, or destruction verifications showing that the purchaser or recipient intends to destroy the class II controlled substances (as provided in paragraph (e) of this section).
(2) [Reserved]
(3) Reporting Article 5 allowances—Exporters. In addition to the information required in paragraph (d)(1) of this section, any exporter using Article 5 allowances must also provide the following to the Administrator:
(i) The Employer Identification Number of the shipper or their agent; and
(ii) The exporting vessel on which the class II controlled substances were shipped.
(4) Reporting used class II controlled substances—Exporters. Any exporter of used class II controlled substances must indicate on the bill of lading or invoice that the class II controlled substance is used, as defined in § 82.3.
(e) Transformation and destruction. Any person who transforms or destroys class II controlled substances must comply with the following recordkeeping and reporting requirements:
(1) Recordkeeping—Transformation and destruction. Any person who transforms or destroys class II controlled substances produced or imported by another person must maintain the following:
(i) Copies of the invoices or receipts documenting the sale or transfer of the class II controlled substances to the person;
(ii) Records identifying the producer or importer of the class II controlled substances received by the person;
(iii) Dated records of inventories of class II controlled substances at each plant on the first day of each quarter;
(iv) Dated records of the quantity (in kilograms) of each class II controlled substance transformed or destroyed;
(v) In the case where class II controlled substances were purchased or transferred for transformation purposes, a copy of the person's transformation verification as provided under paragraph (e)(3)of this section.
(vi) Dated records of the names, commercial use, and quantities (in kilograms) of the resulting chemical(s) when the class II controlled substances are transformed; and
(vii) Dated records of shipments to purchasers of the resulting chemical(s) when the class II controlled substances are transformed.
(viii) In the case where class II controlled substances were purchased or transferred for destruction purposes, a copy of the person's destruction verification, as provided under paragraph (e)(5) of this section.
(2) Reporting—Transformation and destruction. Any person who transforms or destroys class II controlled substances and who has submitted a transformation verification ((paragraph (e)(3) of this section) or a destruction verification (paragraph (e)(5) of this section) to the producer or importer of the class II controlled substances, must report the following:
(i) The names and quantities (in kilograms) of the class II controlled substances transformed for each control period within 45 days of the end of such control period; and
(ii) The names and quantities (in kilograms) of the class II controlled substances destroyed for each control period within 45 days of the end of such control period.
(3) Reporting—Transformation. Any person who purchases class II controlled substances for purposes of transformation must provide the producer or importer with a transformation verification that the class II controlled substances are to be used in processes that result in their transformation.
(i) The transformation verification shall include the following:
(A) Identity and address of the person intending to transform the class II controlled substances;
(B) The quantity (in kilograms) of class II controlled substances intended for transformation;
(C) Identity of shipments by purchase order number(s), purchaser account number(s), by location(s), or other means of identification;
(D) Period of time over which the person intends to transform the class II controlled substances; and
(E) Signature of the verifying person.
(ii) [Reserved]
(4) Reporting—Destruction. Any person who destroys class II controlled substances shall provide EPA with a one-time report containing the following information:
(i) The destruction unit's destruction efficiency;
(ii) The methods used to record the volume destroyed;
(iii) The methods used to determine destruction efficiency;
(iv) The name of other relevant federal or state regulations that may apply to the destruction process;
(v) Any changes to the information in paragraphs (e)(4)(i), (ii), and (iii) of this section must be reflected in a revision to be submitted to EPA within 60 days of the change(s).
(5) Reporting—Destruction. Any person who purchases or receives and subsequently destroys class II controlled substances that were originally produced without expending allowances shall provide the producer or importer from whom it purchased or received the class II controlled substances with a verification that the class II controlled substances will be used in processes that result in their destruction.
(i) The destruction verification shall include the following:
(A) Identity and address of the person intending to destroy class II controlled substances;
(B) Indication of whether those class II controlled substances will be completely destroyed, as defined in § 82.3, or less than completely destroyed, in which case the destruction efficiency at which such substances will be destroyed must be included;
(C) Period of time over which the person intends to destroy class II controlled substances; and
(D) Signature of the verifying person.
(ii) [Reserved]
(f) Heels-Recordkeeping and reporting. Any person who brings into the U.S. a rail car, tank truck, or ISO tank containing a heel, as defined in § 82.3, of class II controlled substances, must take the following actions:
(1) Indicate on the bill of lading or invoice that the class II controlled substance in the container is a heel.
(2) Report within 30 days of the end of the control period the quantity (in kilograms) brought into the U.S. and certify:
(i) That the residual quantity (in kilograms) in each shipment is no more than 10 percent of the volume of the container;
(ii) That the residual quantity (in kilograms) in each shipment will either:
(A) Remain in the container and be included in a future shipment;
(B) Be recovered and transformed;
(C) Be recovered and destroyed; or
(D) Be recovered for a non-emissive use.
(3) Report on the final disposition of each shipment within 30 days of the end of the control period.
(g) Process agents. Any entity that uses a class II controlled substance as a process agent must comply, in addition to the recordkeeping and reporting requirements in § 82.25, with the following recordkeeping and reporting requirements for each facility that uses a class II controlled substance as a process agent:
(1) Reporting—one-time report. By February 7, 2025, or within 120 days of the date that an entity first uses a class II controlled substance as a process agent, whichever is later, any entity that uses a class II controlled substance as a process agent must submit to the Administrator a report containing the following information for each use of a class II controlled substance as a process agent:
(i) The name and address of each facility and plant, and each responsible person's name, email address, and phone number;
(ii) The name, purpose, and final product manufactured of each process agent application that uses a class II controlled substance;
(iii) The start-up date of each facility and the start-up date of each plant that uses a class II controlled substance as a process agent;
(iv) For each facility, the names and amounts of each product and byproduct manufactured in the process agent application during the previous control period, including amounts destroyed or used as a feedstock;
(v) For each facility, the total air, fugitive air, and stack point air emissions of class II controlled substances used as a process agent during the previous control period;
(vi) For each facility, a description of technologies currently being used and actions taken or currently under evaluation to minimize use or emissions of class II controlled substances used as process agents (including estimated emissions reductions associated with each); and
(vii) For each facility, a description that includes details of the percentages of class II controlled substances used as a process agent and:
(A) Retained within the process agent application;
(B) Consumed in the process agent application;
(C) Recovered after the process agent application;
(D) Emitted; and
(E) Entrained in the final product.
(2) Annual reports. Any entity that uses a class II controlled substance as a process agent must provide by February 14 of each year an annual report for the previous control period containing the following information for each use of the class II controlled substance as a process agent:
(i) For each facility, contact information including email address and phone number for a primary and alternate contact person;
(ii) For each facility, the name and amount of each class II controlled substance initially introduced into the process agent application for use as a process agent, specified independently for paragraphs (g)(2)(ii)(A) through (G) of this section by whether the class II controlled substance was:
(A) Obtained as virgin;
(B) Obtained as used;
(C) Produced by the entity;
(D) Purchased from a U.S. producer;
(E) Imported;
(F) Reclaimed by the entity from a different use; and
(G) Reclaimed by another entity;
(iii) For each facility, the name and amount of each class II controlled substance used as a process agent and reused or recycled for use by the entity for continued use in the same process agent application at the same facility;
(iv) For each facility, the name and amount of each class II controlled substance used as a process agent that was ultimately:
(A) Transformed;
(B) Reused or recycled for use in a different process agent application; or
(C) Destroyed by approved destruction technologies;
(v) For each facility, the total air, fugitive air, and stack point air emissions of each class II controlled substance used as a process agent;
(vi) For each facility, the names and amounts of each product and byproduct manufactured in the process agent application during the previous control period, including amounts destroyed or used as a feedstock;
(vii) For each facility, a description of emission reduction actions for class II controlled substances used as a process agent taken since the last one-time or annual report, planned, or currently under evaluation; and
(viii) For each entity, any process agent application changes anticipated to result in increases for the next annual report, as compared to the previous control period and the average of the three previous control periods, of the following magnitude must be specified in a report submitted to EPA at least 180 days prior to implementing the change:
(A) Greater than 20 percent of the amount of class II controlled substance initially introduced for use as a process agent; or
(B) At least one metric ton and 20 percent of the amount emitted during use as a process agent.
(3) Recordkeeping. Every entity who uses a class II controlled substance as a process agent during a control period must maintain the following records, as applicable:
(i) Dated records of the quantity of each class II controlled substance initially introduced at each facility into the process application for use as a process agent;
(ii) Dated records of the quantity of each class II controlled substance produced at each facility for use as a process agent;
(iii) Records identifying the producer or importer of the class II controlled substance received at each facility for use as a process agent by the entity;
(iv) For each facility, copies of the invoices or receipts documenting the sale or other transfer of ownership of each class II controlled substance for use as a process agent to the entity;
(v) Dated records identifying the quantity of each product manufactured within each facility by using a class II controlled substance as a process agent;
(vi) For each facility, records of the date and the estimated quantity of any spill or release of each class II controlled substance used as a process agent that equals or exceeds 100 pounds;
(vii) For each facility, a description of the methodology used to measure and calculate emissions, and dated records of equipment parameters, measured data, supporting calculations, and other rationale used to validate reported emission quantities;
(viii) For each facility, dated records of the quantity of each class II controlled substance used as a process agent which is subsequently transformed or destroyed;
(ix) In the case where class II controlled substances used as a process agent were ultimately transformed by an entity other than the entity which last used the class II controlled substances as a process agent, a copy of the entity's transformation verification as provided under paragraph (e)(3) of this section; and
(x) In the case where class II controlled substances used as a process agent were ultimately destroyed by an entity other than the entity which last used the class II controlled substances as a process agent, a copy of the entity's destruction verification, as provided under paragraph (e)(5) of this section.
(4) Request for extension. Any entity that uses a class II controlled substance as a process agent may request an extension to comply with paragraph (g)(1) of this section.
(i) This request must include the following information:
(A) Name of the facility submitting the request, contact information for a person at the facility, and the address of the facility;
(B) An explanation of the reasons that an extension is necessary and the timeline that would be practicable; and
(C) Supporting documentation of the circumstances.
(ii) The Administrator will review the request and, within five working days of receiving a complete request, provide notification of whether the request is granted and when the report is due.
(5) Notification that use has ceased. Reports are no longer required for process agent use starting in the year after an entity notifies the Administrator that they have permanently ceased use of all class II controlled substances as a process agent, but the entity must continue to comply with all applicable recordkeeping requirements.
§ 82.25   Emissions of controlled substances from industrial sources.
(a) Source applicability. The requirements specified in this section apply to every entity which engages in any of the following activities:
(1) Use of a controlled substance as a process agent.
(2) [Reserved]
(b) Emissions of controlled substances to report. Every entity that engages in any activity listed in paragraph (a) of this section must report, for each applicable facility, emissions of the controlled substances in paragraph (b)(1) of this section from the processes listed in paragraph (b)(2) of this section.
(1) Emissions of controlled substances. For purposes of reporting emissions under this section, the term “controlled substance” applies to the following controlled substances:
(i) Each controlled substance used as a process agent.
(ii) [Reserved]
(2) Processes. For purposes of this section, the term “process” applies to the following activities:
(i) Each activity listed in paragraph (a) of this section;
(ii) Each separation process for the reuse or recycling of the controlled substance;
(iii) Each transformation process of the controlled substance, where the controlled substance is produced at the facility and used in processes resulting in its transformation at the same facility;
(iv) Each transformation process of the controlled substance at the facility, where one or more of the controlled substances transformed at the facility is produced at another facility; and
(v) Each destruction process of the controlled substance.
(c) Calculating emissions for controlled substances. For every activity listed in paragraph (a) of this section, each entity must calculate emissions of the controlled substances from each process using the emission factor, emission calculation factor, or mass balance method specified in paragraphs (c)(1) through (4) of this section, as appropriate. The mass balance method may only be used for batch operations without on-site production or transformation of controlled substances. For destruction processes that destroy controlled substances, the entity must calculate emissions using the procedures in paragraph (c)(4) of this section.
(1) Emission factor and emission calculation factor methods. To use the method in this paragraph (c)(1) for batch processes, each entity must use the methods in either paragraph (c)(1)(iii) (Emission Factor approach) or (iv) (Emission Calculation Factor approach) of this section. To use the method in this paragraph (c)(1) for continuous processes, the entity must first make a preliminary estimate of the emissions from each individual continuous process vent under paragraph (c)(1)(i) of this section. If the entity's continuous process operates under different conditions as part of normal operations, that entity must also define the different operating scenarios and make a preliminary estimate of the emissions from the vent for each operating scenario. Then, compare the preliminary estimate for each continuous process vent (summed across operating scenarios) to the criteria in paragraph (c)(1)(ii) of this section to determine whether the process vent meets the criteria for using the emission factor method described in paragraph (c)(1)(iii) of this section or whether the process vent meets the criteria for using the emission calculation factor method described in paragraph (c)(1)(iv) of this section. For continuous process vents that meet the criteria for using the emission factor method described in paragraph (c)(1)(iii) of this section and that have more than one operating scenario, compare the preliminary estimate for each operating scenario to the criteria in paragraph (c)(1)(iii)(B) of this section to determine whether an emission factor must be developed for that operating scenario.
(i) Preliminary estimate of emissions by process vent. Each entity must estimate the annual emissions of the controlled substance for each process vent within each operating scenario of a continuous process using the approaches specified in paragraph (c)(1)(i)(A) or (B) of this section, accounting for any destruction as specified in paragraph (c)(1)(i)(C) of this section. The entity must determine emissions of controlled substances by process vent by using measurements, by using calculations based on chemical engineering principles and chemical property data, or by conducting an engineering assessment. The entity may use previously conducted measurements, calculations, or assessments if they represent current process operating conditions or process operating conditions that would result in higher controlled substance emissions than the current operating conditions and if they were performed in accordance with paragraph (c)(1)(i)(A), (B), or (C) of this section, as applicable. The entity must document all data, assumptions, and procedures used in the calculations or engineering assessment and keep a record of the emissions determination as required by paragraph (f)(1) of this section.
(A) Engineering calculations. For process vent emission calculations, each entity may use any of paragraph (c)(1)(i)(A)( 1 ), ( 2 ), or ( 3 ) of this section.
( 1 ) U.S. Environmental Protection Agency, Emission Inventory Improvement Program, Volume II: Chapter 16, Methods for Estimating Air Emissions from Chemical Manufacturing Facilities, August 2007, Final (incorporated by reference, see § 82.27).
( 2 ) Each entity may determine the controlled substance emissions from any process vent within the process using the procedures specified in § 63.1257(d)(2)(i) and (d)(3)(i)(B) of this chapter, except as specified in paragraphs (c)(1)(i)(A)( 2 )( i ) through ( iv ) of this section. For the purposes of this section, use of the term “HAP” in § 63.1257(d)(2)(i) and (d)(3)(i)(B) of this chapter means “controlled substance.”
( i ) To calculate emissions caused by the heating of a vessel without a process condenser to a temperature lower than the boiling point, each entity must use the procedures in § 63.1257(d)(2)(i)(C)( 3 ) of this chapter.
( ii ) To calculate emissions from depressurization of a vessel without a process condenser, each entity must use the procedures in § 63.1257(d)(2)(i)(D)( 10 ) of this chapter.
( iii ) To calculate emissions from vacuum systems, the terms used in equation 33 to § 63.1257(d)(2)(i)(E) of this chapter are defined as follows. P system means the absolute pressure of the receiving vessel. P i means the partial pressure of the controlled substance determined at the exit temperature and exit pressure conditions of the condenser or at the conditions of the dedicated receiver. P j means the partial pressure of condensables (including controlled substances) determined at the exit temperature and exit pressure conditions of the condenser or at the conditions of the dedicated receiver. MW controlled substance means the molecular weight of the controlled substance determined at the exit temperature and exit pressure conditions of the condenser or at the conditions of the dedicated receiver.
( iv ) To calculate emissions when a vessel is equipped with a process condenser or a control condenser, each entity must use the procedures in § 63.1257(d)(3)(i)(B) of this chapter, except as follows. Each entity must determine the flow rate of gas (or volume of gas), partial pressures of condensables, temperature (T), and controlled substance molecular weight (MW controlled substance ) at the exit temperature and exit pressure conditions of the condenser or at the conditions of the dedicated receiver. Each entity must assume that all of the components contained in the condenser exit vent stream are in equilibrium with the same components in the exit condensate stream (except for noncondensables). Each entity must perform a material balance for each component, if the condensate receiver composition is not known. For the emissions from purging, the term for time, t, must be used in equation 12 to § 63.1257(d)(2)(i)(B) of this chapter. Emissions from empty vessel purging must be calculated using equation 36 to § 63.1257(d)(2)(i)(H) of this chapter and the exit temperature and exit pressure conditions of the condenser or the conditions of the dedicated receiver.
( 3 ) Commercial software products that follow chemical engineering principles ( e.g., including the calculation methodologies in paragraphs (c)(1)(i)(A)( 1 ) and ( 2 ) of this section).
(B) Engineering assessments. For process vent emissions determinations, each entity may conduct an engineering assessment to calculate uncontrolled emissions. An engineering assessment includes, but is not limited to, the following:
( 1 ) Previous test results, provided the tests are representative of current operating practices of the process.
( 2 ) Bench-scale or pilot-scale test data representative of the process operating conditions.
( 3 ) Maximum flow rate, controlled substance emission rate, concentration, or other relevant parameters specified or implied within a permit limit applicable to the process vent.
( 4 ) Design analysis based on chemical engineering principles, measurable process parameters, or physical or chemical laws or properties.
(C) Impact of destruction for the preliminary estimate. If the process vent is vented to a destruction unit, each entity may reflect the impact of the destruction unit on emissions. In the emissions estimate, account for the following:
( 1 ) The demonstrated destruction efficiencies of the device for the controlled substance in the vent stream for periods when the destruction device is in use.
( 2 ) Any periods when the process vent is not vented to the destruction unit.
(D) Use of typical recent values. In the calculations in paragraphs (c)(1)(i)(A) through (C) of this section, the values used for the expected process activity and for the expected fraction of that activity, whose emissions will be vented to the properly functioning destruction unit, must be based on either typical recent values for the process or values that overestimate emissions from the process, unless there is a compelling reason to adopt a different value ( e.g., installation of a destruction unit for a previously uncontrolled process). If there is such a reason, it must be documented in the monitoring plan.
(ii) Method selection for continuous process vents. (A) Based on the calculations under paragraph (c)(1)(i) of this section, as well as any subsequent measurements and calculations under this section, rank the process vents based on controlled substance emissions, upstream of any destruction unit, summed across all operating scenarios, from largest to smallest estimated annual emissions of controlled substances. The continuous process vents that comprise the top quartile of estimated annual emissions of controlled substances must use the method in paragraph (c)(1)(iii) of this section (Emission Factor approach). The process vent emissions will be based on the past 3 years for the ranking analysis.
(B) The remaining continuous process vents that comprise the bottom three quartiles of estimated annual emissions of controlled substances may use either the emission factor method specified in paragraph (c)(1)(iii) of this section (Emission Factor approach) or a method specified in paragraph (c)(1)(iv) of this section (Emission Calculation Factor approach).
( 1 ) Each entity must conduct emission testing for process-vent-specific emission factor development upstream of the destruction unit.
( 2 ) The emission testing for process-vent-specific emission factor development may be conducted on the outlet side of a wet scrubber in place for acid gas reduction, if there is no appreciable reduction in the controlled substance by the wet scrubber.
(iii) Process-vent-specific emission factor method. For each process vent, each entity must conduct an emission test according to the procedures in paragraph (d) of this section and measure the process activity, such as the feed rate, production rate, or other process activity rate, during the test as described in this paragraph (c)(1)(iii). All emissions test data and procedures used in developing emission factors must be documented according to paragraph (f) of this section. If more than one operating scenario applies to the process that contains the subject process vent, each entity must use the method in either paragraph (c)(1)(iii)(A) or (B) of this section.
(A) Conduct a separate emissions test for operation under each operating scenario.
(B) Conduct an emissions test for the operating scenario that is expected to have the largest emissions of controlled substances (considering both activity levels and emission calculation factors) on an annual basis. Also conduct an emissions test for each additional operating scenario for which the emission calculation factor differs by 15 percent or more from the emission calculation factor of the operating scenario that is expected to have the largest emissions(or of another operating scenario for which emission testing is performed), unless the difference between the operating scenarios is solely due to the application of a destruction unit to emissions under one of the operating scenarios. For any other operating scenarios, adjust the process-vent specific emission factor developed for the operating scenario that is expected to have the largest emissions (or for another operating scenario for which emission testing is performed) using the approach in paragraph (c)(1)(iii)(G) of this section.
(C) Each entity must measure the process activity, such as the process feed rate, process production rate, or other process activity rate, as applicable, during the emissions test and calculate the rate for the test period, in kg (or another appropriate metric) per hour.
(D) For continuous processes, each entity must calculate the hourly emission rate of each controlled substance using equation 1 to this paragraph (c)(1)(iii)(D) and determine the hourly emission rate of each controlled substance per process vent (and per operating scenario, as applicable) for the test run.
(E) Each entity must calculate a site-specific, process-vent-specific emission factor for each controlled substance for each process vent and each operating scenario, in kg of controlled substance per process activity rate (e.g., kg of feed or production), as applicable, using equation 2 to this paragraph (c)(1)(iii)(E). For continuous processes, divide the hourly controlled substance emission rate during the test by the hourly process activity rate during the test runs.
(F) If emissions testing is conducted upstream of the destruction unit, apply the destruction efficiencies of the device that have been demonstrated for the controlled substance in the vent stream to the controlled substance emissions for the process vent (and operating scenario, as applicable), using equation 3 to this paragraph (c)(1)(iii)(F). Each entity may apply the destruction efficiency only to the portion of the process activity during which emissions are vented to the properly functioning destruction unit ( i.e., controlled).
(G) For process vents from processes with multiple operating scenarios, use equation 4 to this paragraph (c)(1)(iii)(G) to develop an adjusted process-vent-specific emission factor for each operating scenario whose emission calculation factor differs by less than 15 percent from the emission calculation factor of the operating scenario that is expected to have the largest emissions (or of another operating scenario for which emission testing is performed).
(H) Sum the emissions of each controlled substance from all process vents in each operating scenario and all operating scenarios in the process for the year to estimate the total process vent emissions of each controlled substance from the process, using equation 5 to this paragraph (c)(1)(iii)(H).
(iv) Process-vent-specific emission calculation factor method. For each process vent within an operating scenario, determine controlled substances emissions by calculations and determine the process activity rate, such as the feed rate, production rate, or other process activity rate, associated with the emission rate.
(A) Each entity must calculate uncontrolled emissions of controlled substances by individual process vent, E PV , by using measurements, by using calculations based on chemical engineering principles and chemical property data, or by conducting an engineering assessment. Use the procedures in paragraph (c)(1)(i)(A) or (B) of this section, except paragraph (c)(1)(i)(B)( 3 ) of this section. The procedures in paragraphs (c)(1)(i)(A) and (B) of this section may be applied either to batch process vents or to continuous process vents. The uncontrolled emissions must be based on a typical batch or production rate under a defined operating scenario. The process activity rate associated with the uncontrolled emissions must be determined. The methods, data, and assumptions used to estimate emissions for each operating scenario must be selected to yield a best estimate (expected value) of emissions rather than an over- or underestimate of emissions for that operating scenario. All data, assumptions, and procedures used in the calculations or engineering assessment must be documented according to paragraph (f) of this section.
(B) Each entity must calculate a site-specific, process-vent-specific emission calculation factor for each process vent each operating scenario, and each controlled substance, in kg of controlled substance per activity rate (e.g., kg of feed or production) as applicable, using equation 6 to this paragraph (c)(1)(iv)(B).
(C) Each entity must calculate emissions of each controlled substance for the process vent (and for each operating scenario, as applicable) for the year by multiplying the process-vent-specific emission calculation factor by the total process activity, as applicable, for the year, using equation 7 to this paragraph (c)(1)(iv)(C).
(D) If the process vent is vented to a destruction unit, apply the demonstrated destruction efficiency of the device to the controlled substance emissions for the process vent (and operating scenario, as applicable), using equation 8 to this paragraph (c)(1)(iv)(D). Apply the destruction efficiency only to the portion of the process activity that is vented to the properly functioning destruction unit ( i.e., controlled).
(E) Sum the emissions of each controlled substance from all process vents in each operating scenario and all operating scenarios in the process for the year to estimate the total process vent emissions of each controlled substance from the process, using equation 9 to this paragraph (c)(1)(iv)(E).
(2) Calculate emissions for equipment leaks (EL). If activity is covered under paragraph (c)(1) of this section, each entity must calculate the emissions from pieces of equipment associated with processes covered under this section. If conducting monitoring of equipment in controlled substance service, monitoring must be conducted for those in light liquid and in gas and vapor service. If conducting monitoring of equipment in controlled substance service, the entity may exclude from monitoring each piece of equipment that is difficult-to-monitor, that is unsafe-to-monitor, that is insulated, or that is in heavy liquid service; the entity may exclude from monitoring each pump with dual mechanical seals, agitator with dual mechanical seals, pump with no external shaft, agitator with no external shaft; the entity may exclude from monitoring each pressure relief device in gas and vapor service with upstream rupture disk, each sampling connection system with closed-loop or closed-purge systems, and any pieces of equipment where leaks are routed through a closed vent system to a destruction unit. The entity must estimate emissions using another approach for those pieces of equipment excluded from monitoring. Equipment that is in controlled substance service for less than 300 hr/yr, equipment that is in vacuum service, pressure relief devices that are in light liquid service, and instrumentation systems are exempted from the requirements in this paragraph (c)(2).
(i) The emissions from equipment leaks must be calculated using any of the procedures in paragraphs (c)(2)(i)(A), (B), (C), or (D) of this section.
(A) Use of Average Emission Factor Approach in EPA protocol for equipment leak emission estimates. The emissions from equipment leaks may be calculated using the default Average Emission Factor Approach in EPA-453/R-95-017 (incorporated by reference, see § 82.27).
(B) Use of Other Approaches in EPA protocol for equipment leak emission estimates in conjunction with EPA Method 21. The emissions from equipment leaks may be calculated using one of the following methods in EPA-453/R-95-017 (incorporated by reference, see § 82.27): The Screening Ranges Approach; the EPA Correlation Approach; or the Unit-Specific Correlation Approach. If it is determined that EPA Method 21 in appendix A-7 to 40 CFR part 60 is appropriate for monitoring a controlled substance, and if the instrument is calibrated with a compound different from one or more of the controlled substances or surrogates to be measured, each entity must develop response factors for each controlled substance or for each surrogate to be measured using EPA Method 21. For each controlled substance or surrogate measured, the response factor must be less than 10. The response factor is the ratio of the known concentration of a controlled substance or surrogate to the observed meter reading when measured using an instrument calibrated with the reference compound.
(C) Use of Other Approaches in EPA protocol for equipment leak emission estimates in conjunction with site-specific leak monitoring methods. The emissions from equipment leaks may be calculated using one of the following methods in EPA-453/R-95-017 (incorporated by reference, see § 82.27): The Screening Ranges Approach; the EPA Correlation Approach; or the Unit-Specific Correlation Approach. Each entity may develop a site-specific leak monitoring method appropriate for monitoring controlled substances or surrogates to use along with these three approaches. The site-specific leak monitoring method must meet the requirements in paragraph (d)(5)(i) of this section.
(D) Use of site-specific leak monitoring methods. The emissions from equipment leaks may be calculated using a site-specific leak monitoring method. The site-specific leak monitoring method must meet the requirements in paragraph (d)(5)(i) of this section.
(ii) Each entity must collect information on the number of each type of equipment, the service of each piece of equipment (gas, light liquid, heavy liquid), the concentration of each controlled substance in the stream, and the time period each piece of equipment was in service ( e.g., hours per year). Depending on which approach followed, the entity may be required to collect information for equipment on the associated screening data concentrations for greater than or equal to 10,000 ppmv and associated screening data concentrations for less than 10,000 ppmv; associated actual screening data concentrations; or associated screening data and leak rate data ( i.e., bagging) used to develop a unit-specific correlation.
(iii) Calculate and sum the emissions of each controlled substance in kilograms per year for equipment pieces for each process, E ELp , annually. Each entity must include and estimate emissions for types of equipment that are excluded from monitoring, including difficult-to-monitor, unsafe-to-monitor and insulated pieces of equipment, pieces of equipment in heavy liquid service, pumps with dual mechanical seals, agitators with dual mechanical seals, pumps with no external shaft, agitators with no external shaft, pressure relief devices in gas and vapor service with upstream rupture disk, sampling connection systems with closed-loop or closed purge systems, and pieces of equipment where leaks are routed through a closed vent system to a destruction unit.
(3) Calculate total controlled substance emissions for each process and for production or transformation processes at the facility. (i) Estimate annually the total mass of each controlled substance emitted from each process, including emissions from process vents in paragraphs (c)(1)(iii) and (iv) of this section, as appropriate, and from equipment leaks in paragraph (c)(2) of this section, using equation 10 to this paragraph (c)(3)(i).
(ii) Estimate annually the total mass of each controlled substance emitted at the facility from each applicable process listed in paragraph (b)(2) of this section using equation 11 to this paragraph (c)(3)(ii). Develop separate totals for each applicable process listed in paragraph (b)(2) of this section.
(4) Mass balance method. Before using the mass balance approach to estimate your controlled substance emissions from a process, you must ensure that the process and the equipment and methods used to measure the process meet either the error limits described in this paragraph (c)(4) and calculated under paragraph (c)(4)(i) of this section or the requirements specified in paragraph (d)(4)(viii) of this section. If you choose to calculate the error limits, you must estimate the absolute and relative errors associated with using the mass balance approach on that process using equations 12 through 15 to this section in conjunction with equations 16 through 21 to this section. You may use the mass-balance approach to estimate emissions from the process if this calculation results in an absolute error of less than or equal to one metric ton of controlled substance per year or a relative error of less than or equal to 10 percent of the estimated controlled substance emissions. If you do not meet either of the error limits or the requirements of paragraph (d)(4)(viii) of this section, you must use the emission factor approach detailed in paragraphs (c)(1) through (3) of this section to estimate emissions from the process.
(i) To perform the calculation, you must first calculate the absolute and relative errors associated with the quantities calculated using either equations 18 through 21 to this section or equation 28 to paragraph (c)(4)(xv) of this section. Alternatively, you may estimate these errors based on the variability of previous process measurements ( e.g., the variability of measurements of stream concentrations), provided these measurements are representative of the current process and current measurement devices and techniques. Once errors have been calculated for the quantities in these equations, those errors must be used to calculate the errors in equations 16 and 17 to this section. You may omit the errors associated with equations 22 through 24 to this section.
(A) Where the measured quantity is a mass, the error in the mass must be equated to the accuracy or precision (whichever is larger) of the flowmeter, scale, or combination of volumetric and density measurements at the flow rate or mass measured.
(B) Where the measured quantity is a concentration of a stream component, the error of the concentration must be equated to the accuracy or precision (whichever is larger) with which you estimate the mean concentration of that stream component, accounting for the variability of the process, the frequency of the measurements, and the accuracy or precision (whichever is larger) of the analytical technique used to measure the concentration at the concentration measured. If the variability of process measurements is used to estimate the error, this variability shall be assumed to account both for the variability of the process and the precision of the analytical technique. Use standard statistical techniques such as the student's t distribution to estimate the error of the mean of the concentration measurements as a function of process variability and frequency of measurement.
(C) Equation 12 to this paragraph (c)(4)(i)(C) provides the general formula for calculating the absolute errors of sums and differences where the sum, S, is the summation of variables measured, a, b, c, etc. ( e.g., S = a + b + c).
(D) Equation 13 to this paragraph (c)(4)(i)(D) provides the general formula for calculating the relative errors of sums and differences.
(E) Equation 14 to this paragraph (c)(4)(i)(E) provides the general formula for calculating the absolute errors of products ( e.g., flow rates of controlled substances calculated as the product of the flow rate of the stream and the concentration of the controlled substance in the stream), where the product, P, is the result of multiplying the variables measured, a, b, c, etc. ( e.g., P = a*b*c).
(F) Equation 15 to this paragraph (c)(4)(i)(F) provides the general formula for calculating the relative errors of products.
(G) Calculate the absolute error of the controlled substance emissions estimate by performing a preliminary estimate of the annual controlled substance emissions of the process using the method in paragraph (c)(4)(i)(H) of this section. Multiply this result by the relative error calculated for the mass of halogen emitted from the process in equation 15 to paragraph (c)(4)(i)(F) of this section.
(H) To estimate the annual controlled substance emissions of the process for use in the error estimate, apply the methods set forth in paragraphs (c)(4)(ii) through (vii) and (ix) through (xvi) of this section to representative process measurements. If these process measurements represent less than one year of typical process activity, adjust the estimated emissions to account for one year of typical process activity. To estimate the terms FERd, FEP, and FEBk for use in the error estimate for equations 22, 23, and 24 to this section, you must either use emission testing, monitoring of emitted streams, and/or engineering calculations or assessments.
(ii) The total mass of each controlled substance emitted annually from each controlled substance process must be estimated by using equation 16 to this paragraph (c)(4)(ii).
(iii) The total mass of halogen emitted from process i over the period t must be estimated at least monthly by calculating the difference between the total mass of halogen in the reactant(s) (or inputs, for processes that do not involve a chemical reaction) and the total mass of halogen in the product (or outputs, for processes that do not involve a chemical reaction), accounting for the total mass of halogen in any destroyed or recaptured streams that contain reactants, products, or byproducts (or inputs or outputs). This calculation must be performed using equation 17 to this paragraph (c)(4)(iii). An element other than a halogen may be used in the mass-balance equation, provided the element occurs in all of the controlled substances fed into or generated by the process. In this case, the mass fractions of the element in the reactants, products, and byproducts must be calculated as appropriate for that element.
(iv) The mass of total halogen in destroyed or recaptured streams containing halogen-containing reactants, products, and byproducts must be estimated at least monthly using equation 18 to this paragraph (c)(4)(iv) unless you use the alternative approach provided in paragraph (c)(4)(xv) of this section.
(v) The mass of each controlled substance removed from process i in stream j and destroyed over the period t ( i.e., P j , B kj , or R dj , as applicable) must be estimated by applying the destruction efficiency of the device that has been demonstrated for the controlled substance p to controlled substance f using equation 19 to this paragraph (c)(4)(v).
(vi) The mass of each halogen-containing compound that is not a controlled substance and that is removed from process i in stream j and destroyed over the period t ( i.e., P >j , B >kj , or R >dj , as applicable) must be estimated using equation 20 to this paragraph (c)(4)(vi).
(vii) The mass of halogen-containing byproduct k removed from process i in stream l and recaptured over the period t must be estimated using equation 21 to this paragraph (c)(4)(vii).
(viii) To estimate the terms FERd, FEP, and FEBk for equations 22, 23, and 24 to this section, you must account for the total mass of halogen emitted, EF, estimated in equation 17 to paragraph (c)(4)(iii) of this section. These emission characterization measurements must meet the requirements in paragraph (c)(4)(viii)(A), (B), or (C) of this section, as appropriate. The sum of the terms must equal 1. You must document the data and calculations that are used to speciate individual compounds and to estimate FERd, FEP, and FEBk. Exclude from your calculations the halogen included in FD. For example, exclude halogen-containing compounds that are not controlled substances and that result from the destruction of controlled substances by any destruction devices (e.g., the mass of HF created by combustion of a chlorofluorocarbon). However, include emissions of controlled substance that survive the destruction process.
(A) If the calculations under paragraph (b)(1)(viii) of this section, or any subsequent measurements and calculations under this subpart, indicate that the process emits 0.1 metric tons controlled substance or more, estimate the emissions from each process vent, considering controls, using the methods in paragraph (c)(1)(i) of this section. You must characterize the emissions of any process vent that emits 0.1 metric tons controlled substance or more as specified in paragraph (d)(4)(iv) of this section.
(B) For other vents, including vents from processes that emit less than 0.1 metric tons of controlled substance, you must characterize emissions as specified in paragraph (d)(4)(v) of this section.
(C) For halogen emissions that are not accounted for by vent estimates, you must characterize emissions as specified in paragraph (d)(4)(vi) of this section.
(ix) The total mass of halogen-containing reactant d emitted must be estimated at least monthly based on the total halogen emitted and the fraction that consists of halogen-containing reactants using equation 22 to this paragraph (c)(4)(ix). If the halogen-containing reactant d is not a controlled substance, you may assume that FER d is zero.
(x) The total mass of halogen-containing product emitted must be estimated at least monthly based on the total halogen emitted and the fraction that consists of halogen-containing products using equation 23 to this paragraph (c)(4)(x). If the halogen-containing product is not a controlled substance, you may assume that FEP is zero.
(xi) The total mass of halogen-containing byproduct k emitted must be estimated at least monthly based on the total halogen emitted and the fraction that consists of halogen-containing byproducts using equation 24 to this paragraph (c)(4)(xi). If halogen-containing byproduct k is not a controlled substance, you may assume that FEB k is zero.
(xii) The mass fraction of halogen in reactant d must be estimated using equation 25 to this paragraph (c)(4)(xii).
(xiii) The mass fraction of halogen in the product must be estimated using equation 26 to this paragraph (c)(4)(xiii).
(xiv) The mass fraction of each applicable halogen in byproduct k must be estimated using equation 27 to this paragraph (c)(4)(xiv).
(xv) As an alternative to using equation 18 to paragraph (c)(4)(iv) of this section as provided in paragraph (b)(4) of this section, you may estimate at least monthly the total mass of halogen in destroyed or recaptured streams containing halogen-containing compounds (including all halogen-containing reactants, products, and byproducts) using equation 28 to this paragraph (c)(4)(xv).
(xvi) For purposes of equation 28 to paragraph (c)(4)(xv) of this section, calculate the weighted average destruction efficiency applicable to a destroyed stream using equation 29 to this paragraph (c)(4)(xvi).
(5) Calculate controlled substance emissions from destruction of controlled substances. Estimate annually the total mass of controlled substances emitted annually from destruction of controlled substances using equation 30 to this paragraph (c)(5):
(6) Effective destruction efficiency for each process. If using the emission factor or emission calculation factor method to calculate emissions from the process, use equation 31 to this paragraph (c)(6) to calculate the effective destruction efficiency for the process, including each process vent:
(d) Monitoring and QA/QC requirements —(1) Initial scoping speciation to identify controlled substances from transformation processes. Each entity that transforms controlled substances must conduct an initial scoping speciation to identify all controlled substances that may be generated or emitted from transformation processes that are subject to this section. The entity is not required to quantify emissions under this initial scoping speciation. Only controlled substance products and byproducts that occur in greater than trace concentrations in at least one stream must be identified under this paragraph (d)(1).
(i) Procedure. To conduct the scoping speciation, select the stream(s) (including process streams or destroyed streams) or process vent(s) that would be expected to individually or collectively contain all of the controlled substance byproducts of the process at their maximum concentrations and sample and analyze the contents of these selected streams or process vents. For example, if controlled substance byproducts are separated into one low-boiling-point and one high-boiling-point stream, sample and analyze both of these streams. Alternatively, each entity may sample and analyze streams where controlled substance byproducts occur at less than their maximum concentrations, but the entity must ensure that the sensitivity of the analysis is sufficient to compensate for the expected difference in concentration. For example, if the entity samples and analyzes streams where controlled substance byproducts are expected to occur at one half their maximum concentrations elsewhere in the process, that entity must ensure that the sensitivity of the analysis is sufficient to detect controlled substance byproducts that occur at concentrations of 0.05 percent or higher. The entity does not have to sample and analyze every stream or process vent, i.e., the entity does not have to sample and analyze a stream or process vent that contains only controlled substances that are contained in other streams or process vents that are being sampled and analyzed. Sampling and analysis must be conducted according to the procedures in paragraph (d)(5) of this section.
(ii) Previous measurements. If testing of streams (including process streams or destroyed streams) or process vents were conducted less than 5 years before November 12, 2024, and the testing meets the requirements in paragraph (d)(1)(i) of this section, each entity may use the previous testing to satisfy this requirement.
(2) Emission factor testing. If controlled substance emissions are determined using the site-specific process-vent-specific emission factor, each entity must meet the requirements in paragraphs (d)(2)(i) through (vii) of this section.
(i) Process vent testing. Conduct an emissions test that is based on representative performance of the process or operating scenario(s) of the process, as applicable. For process vents for which each entity performed an initial scoping speciation, include in the emission test any controlled substance that was identified in the initial scoping speciation. For process vents for which the entity did not perform an initial scoping speciation, include in the emission test any controlled substance that occurs in more than trace concentrations in the vent stream or, where a destruction unit is used, in the inlet to the destruction unit. The entity may include startup and shutdown events if the testing is sufficiently long or comprehensive to ensure that such events are not overrepresented in the emission factor. Malfunction events must not be included in the testing. If the entity does not detect a controlled substance that was identified in the scoping speciation or that occurs in more than trace concentrations in the vent stream or in the inlet to the destruction unit, assume that controlled substance was emitted from the process vent, or from the destruction unit, at a concentration of one third of the detection limit.
(ii) Number of runs. For continuous processes, sample the process vent for a minimum of three runs of 1 hour each. If the relative standard deviation (RSD) of the emission factor calculated based on the first three runs is greater than or equal to 0.15 for the emission factor, continue to sample the process vent for an additional three runs of 1 hour each.
(iii) Process activity measurements. Determine the mass rate of process feed, process production, or other process activity as applicable during the test using flow meters, weigh scales, or other measurement devices or instruments with an accuracy and precision of ±1 percent of full scale or better. These devices may be the same plant instruments or procedures that are used for accounting purposes (such as weigh hoppers, belt weigh feeders, combination of volume measurements and bulk density, etc.) if these devices or procedures meet the requirement. For monitoring ongoing process activity, use flow meters, weigh scales, or other measurement devices or instruments with an accuracy and precision of ±1 percent of full scale or better.
(iv) Sample each process. If process vents from separate processes are manifolded together to a common vent or to a common destruction unit, each entity must follow paragraph (d)(2)(iv)(A), (B), or (C) of this section.
(A) Each entity may sample emissions from each process in the ducts upstream from the point where the emissions are combined.
(B) Each entity may sample in the common duct or at the outlet of the destruction unit when only one process is operating.
(C) Each entity may sample the combined emissions and use engineering calculations and assessments as specified in paragraph (c)(1)(iv) of this section to allocate the emissions to each manifolded process vent, provided the sum of the calculated controlled substance emissions across the individual process vents is within 20 percent of the total controlled substance emissions measured during the manifolded testing.
(v) Emission test results. The results of an emission test must include the analysis of samples, number of test runs, the results of the RSD analysis, the analytical method used, determination of emissions, the process activity, and raw data and must identify the process, the operating scenario, the process vents tested, and the controlled substances that were included in the test. The emissions test report must contain all information and data used to derive the process-vent-specific emission factor, as well as key process conditions during the test. Key process conditions include those that are normally monitored for process control purposes and may include but are not limited to yields, pressures, temperatures, etc. ( e.g., of reactor vessels, distillation columns).
(vi) Emissions testing frequency. Each entity must conduct emissions testing to develop the process-vent-specific emission factor under paragraph (d)(2)(vi)(A) or (B) of this section, whichever occurs first:
(A) 5-year revision. Conduct an emissions test every 5 years. In the calculations under paragraph (c) of this section, apply the revised process-vent-specific emission factor to the process activity that occurs after the revision.
(B) Operating scenario change that affects the emission factor. For planned operating scenario changes, each entity must estimate and compare the emission calculation factors for the changed operating scenario and for the original operating scenario whose process vent specific emission factor was measured. Use the calculation methods in paragraph (c)(1)(iv) of this section. If the emission calculation factor for the changed operating scenario is 15 percent or more different from the emission calculation factor for the previous operating scenario (this includes the cumulative change in the emission calculation factor since the most recent emissions test), the entity must conduct an emissions test to update the process-vent-specific emission factor, unless the difference between the operating scenarios is solely due to the application of a destruction unit to emissions under the changed operating scenario. Conduct the test before February 14 of the calendar year that immediately follows the change. In the calculations under paragraph (c) of this section, apply the revised process-vent-specific emission factor to the process activity that occurs after the operating scenario change.
(vii) Previous measurements. If an emissions test was conducted less than 5 years before November 12, 2024, and the emissions testing meets the requirements in paragraphs (d)(2)(i) through (vii) of this section, the entity may use the previous emissions testing to develop process-vent-specific emission factors. For purposes of paragraph (d)(2)(vi)(A) of this section, the date of the previous emissions test rather than November 12, 2024, shall constitute the beginning of the 5-year re-measurement cycle.
(3) Emission calculation factor monitoring. If controlled substance emissions were determined using the site-specific process-vent-specific emission calculation factor, each entity must meet the requirements in paragraphs (d)(3)(i) through (iv) of this section.
(i) Operating scenario. Perform the emissions calculation for the process vent based on representative performance of the operating scenario of the process. If more than one operating scenario applies to the process that contains the subject process vent, you must conduct a separate emissions calculation for operation under each operating scenario. For each continuous process vent that contains more than trace concentrations of any controlled substance and for each batch process vent that contains more than trace concentrations of any controlled substance, develop the process-vent-specific emission calculation factor for each operating scenario. For continuous process vents, determine the emissions based on the process activity for the representative performance of the operating scenario. For batch process vents, determine emissions based on the process activity for each typical batch operating scenario.
(ii) Process activity measurements. Use flow meters, weigh scales, or other measurement devices or instruments with an accuracy and precision of ±1 percent of full scale or better for monitoring ongoing process activity.
(iii) Emission calculation results. The emission calculation must be documented by identifying the process, the operating scenario, and the process vent(s). The documentation must contain the information and data used to calculate the process-vent-specific emission calculation factor.
(iv) Operating scenario change that affects the emission calculation factor. For planned operating scenario changes that are expected to change the process-vent-specific emission calculation factor, each entity must conduct an emissions calculation to update the process-vent-specific emission calculation factor. In the calculations under paragraph (c) of this section, apply the revised emission calculation factor to the process activity that occurs after the operating scenario change.
(v) Previous calculations. If an emissions calculation was performed for the process vent and operating scenario less than 5 years before November 12, 2024, and the emissions calculation meets the requirements in paragraphs (c)(1)(iv)(A) and (B) of this section and in paragraphs (d)(3)(i) through (iv) of this section, each entity may use the previous calculation to develop the site-specific process-vent-specific emission calculation factor.
(4) Mass balance monitoring. If you determine controlled substance emissions from any process using the mass balance method under paragraph (c)(4) of this section, you must estimate the total mass of each controlled substance emitted from that process at least monthly. Only streams that contain greater than trace concentrations of halogen-containing reactants, products, or byproducts must be monitored under this paragraph (d)(4).
(i) Mass measurements. Measure the following masses on a monthly or more frequent basis using flowmeters, weigh scales, or a combination of volumetric and density measurements with accuracies and precisions that allow the facility to meet the error criteria in paragraph (c)(4)(i) of this section:
(A) Total mass of each halogen-containing product produced. Account for any used halogen-containing product added into the production process upstream of the output measurement as directed at §§ 98.413(b) and 98.414(b) of this chapter.
(B) Total mass of each halogen-containing reactant fed into the process.
(C) The mass removed from the process in each stream fed into the destruction device.
(D) The mass removed from the process in each recaptured stream.
(ii) Concentration measurements for use with paragraph (c)(4)(iv) of this section. If you use paragraph (c)(4)(iv) of this section to estimate the mass of halogen in destroyed or recaptured streams, measure the following concentrations at least once each calendar month during which the process is operating, on a schedule to ensure that the measurements are representative of the full range of process conditions ( e.g., catalyst age). Measure more frequently if this is necessary to meet the error criteria in paragraph (c)(4)(i) of this section. Use equipment and methods ( e.g., gas chromatography) that comply with paragraph (d)(5) of this section and that have an accuracy and precision that allow the facility to meet the error criteria in paragraph (c)(4)(i) of this section. Only halogen-containing reactants, products, and byproducts that occur in a stream in greater than trace concentrations must be monitored under this paragraph (d)(4)(ii).
(A) The concentration (mass fraction) of the halogen-containing product in each stream that is fed into the destruction device.
(B) The concentration (mass fraction) of each halogen-containing byproduct in each stream that is fed into the destruction device.
(C) The concentration (mass fraction) of each halogen-containing reactant in each stream that is fed into the destruction device.
(D) The concentration (mass fraction) of each halogen-containing byproduct in each stream that is recaptured (c Bkl ).
(iii) Concentration measurements for use with paragraph (c)(4)(xv) of this section. If you use paragraph (c)(4)(xv) of this section to estimate the mass of halogen in destroyed or recaptured streams, measure the concentrations listed in paragraphs (d)(4)(iii)(A) and (B) of this section at least once each calendar month during which the process is operating, on a schedule to ensure that the measurements are representative of the full range of process conditions ( e.g., catalyst age). Measure more frequently if this is necessary to meet the error criteria in paragraph (c)(4)(i) of this section. Use equipment and methods ( e.g., gas chromatography) that comply with paragraph (d)(5) of this section and that have an accuracy and precision that allow the facility to meet the error criteria in paragraph (c)(4)(i) of this section. Only halogen-containing reactants, products, and byproducts that occur in a stream in greater than trace concentrations must be monitored under this paragraph (d)(4)(iii).
(A) The concentration (mass fraction) of total halogen in each stream that is fed into the destruction device.
(B) The concentration (mass fraction) of total halogen in each stream that is recaptured.
(iv) Emissions characterization: process vents emitting 0.1 metric tons or more. To characterize emissions from any process vent emitting 0.1 metric tons of controlled substances or more, comply with paragraphs (d)(4)(iv)(A) through (E) of this section, as appropriate. Only halogen-containing reactants, products, and byproducts that occur in a stream in greater than trace concentrations must be monitored under this paragraph (d)(4)(iv).
(A) Uncontrolled emissions. If emissions from the process vent are not routed through a destruction device, sample and analyze emissions at the process vent or stack or sample and analyze emitted streams before the process vent. If the process has more than one operating scenario, you must either perform the emission characterization for each operating scenario or perform the emission characterization for the operating scenario that is expected to have the largest emissions and adjust the emission characterization for other scenarios using engineering calculations and assessments as specified in paragraph (c)(1)(iv) of this section. To perform the characterization, take three samples under conditions that are representative for the operating scenario. Measure the concentration of each halogen-containing compound in each sample. Use equipment and methods that comply with paragraph (d)(5) of this section. Calculate the average concentration of each halogen-containing compound across all three samples.
(B) Controlled emissions using paragraph (c)(4)(xv) of this section. If you use paragraph (c)(4)(xv) of this section to estimate the total mass of halogen in destroyed or recaptured streams, and if the emissions from the process vent are routed through a destruction device, characterize emissions as specified in paragraph (d)(4)(iv)(A) of this section before the destruction device. Apply the destruction efficiency demonstrated for each controlled substance in the destroyed stream to that controlled substance. Exclude from the characterization halogen-containing compounds that are not controlled substances.
(C) Controlled emissions using paragraph (c)(4)(iv) of this section. If you use paragraph (c)(4)(iv) of this section to estimate the mass of halogen in destroyed or recaptured streams, and if the emissions from the process vent are routed through a destruction device, characterize the process vent's emissions monthly (or more frequently) using the monthly (or more frequent) measurements under paragraphs (d)(4)(i)(C) and (d)(4)(ii)(A) through (C) of this section. Apply the destruction efficiency demonstrated for each controlled substance in the destroyed stream to that controlled substance. Exclude from the characterization halogen-containing compounds that are not controlled substances.
(D) Emissions characterization frequency. You must repeat emission characterizations performed under paragraphs (d)(4)(iv)(A) and (B) of this section under paragraph (d)(4)(iv)(D)( 1 ) or ( 2 ) of this section, whichever occurs first:
( 1 ) 5-year revision. Repeat the emission characterization every 5 years. In the calculations under paragraph (c) of this section, apply the revised emission characterization to the process activity that occurs after the revision.
( 2 ) Operating scenario change that affects the emission characterization. For planned operating scenario changes, you must estimate and compare the emission calculation factors for the changed operating scenario and for the original operating scenario whose process vent specific emission factor was measured. Use the engineering calculations and assessments specified in paragraph (c)(1)(iv) of this section. If the share of total halogen-containing compound emissions represented by any controlled substance changes under the changed operating scenario by 15 percent or more of the total, relative to the previous operating scenario (this includes the cumulative change in the emission calculation factor since the last emissions test), you must repeat the emission characterization. Perform the emission characterization before February 14 of the year that immediately follows the change. In the calculations under paragraph (c) of this section, apply the revised emission characterization to the process activity that occurs after the operating scenario change.
(E) Subsequent measurements. If a process vent with controlled substance emissions less than 0.1 metric tons, per paragraph (c)(1)(ii) of this section, is later found to have controlled substance emissions of 0.1 metric tons or greater, you must perform an emission characterization under this paragraph (d)(4)(iv)(E) during the following year.
(v) Emissions characterization: process vents emitting less than 0.1 metric tons. To characterize emissions from any process vent emitting less than 0.1 metric tons, comply with paragraphs (d)(4)(v)(A) and (B) of this section, as appropriate. Only halogen-containing reactants, products, and byproducts that occur in a stream in greater than trace concentrations must be monitored under this paragraph (d)(4)(v).
(A) Uncontrolled emissions. If emissions from the process vent are not routed through a destruction device, emission measurements must consist of sampling and analysis of emissions at the process vent or stack, sampling and analysis of emitted streams before the process vent, previous test results, provided the tests are representative of current operating conditions of the process, or bench-scale or pilot-scale test data representative of the process operating conditions.
(B) Controlled emissions using paragraph (c)(4)(xv) of this section. If you use paragraph (c)(4)(xv) of this section to estimate the total mass of halogen in destroyed or recaptured streams, and if the emissions from the process vent are routed through a destruction device, characterize emissions as specified in paragraph (d)(4)(v)(A) of this section before the destruction device. Apply the destruction efficiency demonstrated for each controlled substance in the destroyed stream to that controlled substance. Exclude from the characterization halogen-containing compounds that are not controlled substances.
(C) Controlled emissions using paragraph (c)(4)(iv) of this section. If you use paragraph (c)(4)(iv) of this section to estimate the mass of halogen in destroyed or recaptured streams, and if the emissions from the process vent are routed through a destruction device, characterize the process vent's emissions monthly (or more frequently) using the monthly (or more frequent) measurements under paragraphs (d)(4)(i)(C) and (d)(4)(ii)(A) through (C) of this section. Apply the destruction efficiency demonstrated for each controlled substance in the destroyed stream to that controlled substance. Exclude from the characterization halogen-containing compounds that are not controlled substances.
(vi) Emissions characterization: emissions not accounted for by process vent estimates. Calculate the weighted average emission characterization across the process vents before any destruction devices. Apply the weighted average emission characterization for all the process vents to any halogen emissions that are not accounted for by process vent estimates.
(vii) Impurities in reactants. If any halogen-containing impurity is fed into a process along with a reactant (or other input) in greater than trace concentrations, this impurity shall be monitored under this section and included in the calculations under paragraph (c) of this section in the same manner as reactants fed into the process, fed into the destruction device, recaptured, or emitted, except the concentration of the impurity in the mass fed into the process shall be measured, and the mass of the impurity fed into the process shall be calculated as the product of the concentration of the impurity and the mass fed into the process. The mass of the reactant fed into the process may be reduced to account for the mass of the impurity.
(viii) Alternative to error calculation. As an alternative to calculating the relative and absolute errors associated with the estimate of emissions under this paragraph (d)(4), you may comply with the precision, accuracy, and measurement and calculation frequency requirements of paragraph (d)(4)(viii)(A) through (C) of this section.
(A) Mass measurements. Measure the masses specified in paragraph (d)(4)(i) of this section using flowmeters, weigh scales, or a combination of volumetric and density measurements with accuracies and precisions of ±0.2 percent of full scale or better.
(B) Concentration measurements. Measure the concentrations specified in paragraph (d)(4)(ii) or (iii) of this section, as applicable, using analytical methods with accuracies and precisions of ±10 percent or better.
(C) Measurement and calculation frequency. Perform the mass measurements specified in paragraph (d)(4)(i) of this section and the concentration measurements specified in paragraph (d)(4)(ii) or (iii) of this section, as applicable, at least weekly, and calculate emissions at least weekly.
(5) Emission and stream testing, including analytical methods. Select and document testing and analytical methods as follows:
(i) Sampling and mass measurement for emission testing. For emission testing in process vents or at the stack, use methods for sampling, measuring volumetric flow rates, non-controlled substance gas analysis, and measuring stack gas moisture that have been validated using a scientifically sound validation protocol.
(A) Sample and velocity traverses. Acceptable methods include but are not limited to EPA Method 1 or 1A in appendix A-1 to 40 CFR part 60.
(B) Velocity and volumetric flow rates. Acceptable methods include but are not limited to EPA Method 2, 2A, 2B, 2C, 2D, 2F, or 2G in appendix A-1 to 40 CFR part 60. Alternatives that may be used for determining flow rates include Other Test Method 24 (incorporated by reference, see § 82.27) and ALT-012 (incorporated by reference, see § 82.27).
(C) Non-controlled substance gas analysis. Acceptable methods include but are not limited to EPA Method 3, 3A, or 3B in appendix A-1 to 40 CFR part 60.
(D) Stack gas moisture. Acceptable methods include but are not limited to EPA Method 4 in appendix A-1 to 40 CFR part 60.
(ii) Analytical methods. Use a quality-assured analytical measurement technology capable of detecting the analyte of interest at the concentration of interest and use a sampling and analytical procedure validated with the analyte of interest at the concentration of interest. Where calibration standards for the analyte are not available, a chemically similar surrogate may be used. Acceptable analytical measurement technologies include but are not limited to gas chromatography (GC) with an appropriate detector, infrared (IR), Fourier transform infrared (FTIR), and nuclear magnetic resonance (NMR). Acceptable methods for determining controlled substances include EPA Method 18 in appendix A-1 to 40 CFR part 60, EPA Method 320 in appendix A to 40 CFR part 63, EPA 430-R-10-003 (incorporated by reference, see § 82.27), ASTM D6348-03 (incorporated by reference, see § 82.27), or other analytical methods validated using EPA Method 301 at appendix A to 40 CFR part 63. The validation protocol may include analytical technology manufacturer specifications or recommendations.
(iii) Documentation in the monitoring plan. Describe the sampling, measurement, and analytical method(s) used under paragraphs (d)(5)(i) and (ii) of this section in the monitoring plan. Identify the methods used to obtain the samples and measurements listed under paragraphs (d)(5)(i)(A) through (D) of this section. At a minimum, include in the description of the analytical method a description of the analytical measurement equipment and procedures, quantitative estimates of the method's accuracy and precision for the analytes of interest at the concentrations of interest, as well as a description of how these accuracies and precisions were estimated, including the validation protocol used.
(6) Emission monitoring for pieces of equipment. If conducting a site-specific leak detection method or monitoring approach for pieces of equipment, each entity must follow paragraph (d)(6)(i) or (ii) of this section and follow paragraph (d)(6)(iii) of this section.
(i) Site-specific leak monitoring approach. Each entity may develop a site-specific leak monitoring approach. The entity must validate the leak monitoring method and describe the method and the validation in the monitoring plan. To validate the site-specific method, the entity may, for example, release a known rate of the controlled substances or surrogates of interest, or may compare the results of the site-specific method to those of a method that has been validated for the controlled substances or surrogates of interest. In the description of the leak detection method and its validation, include a detailed description of the method, including the procedures and equipment used and any sampling strategies. Also include the rationale behind the method, including why the method is expected to result in an unbiased estimate of emissions from equipment leaks. If the method is based on methods that are used to detect or quantify leaks or other emissions in other regulations, standards, or guidelines, identify and describe the regulations, standards, or guidelines and why their methods are applicable to emissions of controlled substances or surrogates from leaks. Account for possible sources of error in the method, e.g., instrument detection limits, measurement biases, and sampling biases. Describe validation efforts, including but not limited to any comparisons against standard leaks or concentrations, any comparisons against other methods, and their results. If using the Screening Ranges Approach, the EPA Correlation Approach, or the Unit-Specific Correlation Approach with a monitoring instrument that does not meet all of the specifications in EPA Method 21 in appendix A-7 to 40 CFR part 60, then explain how and why the monitoring instrument, as used at the facility, would nevertheless be expected to accurately detect and quantify emissions of controlled substances or surrogates from process equipment, and describe how accuracy was verified. For all methods, provide a quantitative estimate of the accuracy and precision of the method.
(ii) EPA Method 21 monitoring. If it is determined that EPA Method 21 in appendix A-7 to 40 CFR part 60 is appropriate for monitoring a controlled substance, conduct the screening value concentration measurements using EPA Method 21 to determine the screening range data or the actual screening value data for the Screening Ranges Approach, EPA Correlation Approach, or the Unit-Specific Correlation Approach. For the one-time testing to develop the Unit-Specific Correlation equations in EPA-453/R-95-017 (incorporated by reference, see § 82.27), conduct the screening value concentration measurements using EPA Method 21 and the bagging procedures to measure mass emissions. Concentration measurements of bagged samples must be conducted using gas chromatography following analytical procedures in EPA Method 18 in appendix A-1 to 40 CFR part 60 or other method according to this paragraph (d)(6). Use methane or other appropriate compound as the calibration gas.
(iii) Frequency of measurement and sampling. If estimating emissions based on monitoring of equipment, each entity must conduct monitoring at least annually. Sample at least one-third of equipment annually (except for equipment that is unsafe-to-monitor, difficult-to-monitor, insulated, or in heavy liquid service, pumps with dual mechanical seals, agitators with dual mechanical seals, pumps with no external shaft, agitators with no external shaft, pressure relief devices in gas and vapor service with an upstream rupture disk, sampling connection systems with closed-loop or closed purge systems, and pieces of equipment whose leaks are routed through a closed vent system to a destruction unit), changing the sample each year such that at the end of three years, all equipment in the process (that is not subject to the above-listed exceptions) has been monitored. If estimating emissions based on a sample of the equipment in the process, ensure that the sample is representative of the equipment in the process. If there are multiple processes that have similar types of equipment in similar service, and that perform activities on similar controlled substances (in terms of chemical composition, molecular weight, and vapor pressure) at similar pressures and concentrations, then the entity may annually sample all of the equipment in one third of these processes rather than one third of the equipment in each process.
(7) Destruction unit performance testing. If venting or otherwise feeding controlled substances into a destruction unit and apply the destruction efficiency of the device to one or more controlled substances in paragraph (c) of this section, each entity must conduct emissions testing to determine the destruction efficiency for each controlled substance to which the destruction efficiency was applied. The entity must either determine the destruction efficiency for the most-difficult-to-destroy controlled substance fed into the device (or a surrogate that is still more difficult to destroy) and apply that destruction efficiency to all the controlled substances fed into the device or alternatively determine different destruction efficiencies for different groups of controlled substances using the most-difficult-to-destroy controlled substance of each group (or a surrogate that is still more difficult to destroy).
(i) Destruction efficiency testing. Each entity must sample the inlet and outlet of the destruction unit for a minimum of three runs of 1 hour each to determine the destruction efficiency. The entity must conduct the emissions testing using the methods in paragraph (d)(5) of this section. To determine the destruction efficiency, emission testing must be conducted when operating at high loads reasonably expected to occur ( i.e., representative of high total controlled substance load that will be sent to the device) and when destroying the most-difficult-to-destroy controlled substance (or a surrogate that is still more difficult to destroy) that is fed into the device from the processes subject to this section or that belongs to the group of controlled substances for which destruction efficiency is to be established. If the outlet concentration of a controlled substance that is fed into the device is below the detection limit of the method, the entity may use an outlet concentration of one-third the detection limit to estimate the destruction efficiency.
(A) For all other controlled substances that are vented to the destruction unit in any stream in more than trace concentrations, each entity must test and determine the destruction efficiency achieved for the most-difficult-to-destroy controlled substance or surrogate vented to the destruction unit. Examples of acceptable surrogates include the Class 1 compounds (ranked 1 through 34) in Appendix D, Table D-1 of “Guidance on Setting Permit Conditions and Reporting Trial Burn Results; Volume II of the Hazardous Waste Incineration Guidance Series,” January 1989, EPA Publication EPA 625/6-89/019. A copy of this publication can be obtained by contacting the Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 272-0167, https://www.epa.gov.
(B) [Reserved]
(ii) Destruction efficiency testing frequency. Each entity must conduct emissions testing to determine the destruction efficiency as provided in paragraph (d)(7)(ii)(A) or (B) of this section, whichever occurs first:
(A) Conduct an emissions test every 5 years. In the calculations under paragraph (c) of this section, apply the updated destruction efficiency to the destruction that occurs after the test.
(B) Destruction unit changes that affect the destruction efficiency. If making a change to the destruction unit that would be expected to affect the destruction efficiency, each entity must conduct an emissions test to update the destruction efficiency. Conduct the test before February 14 of the year that immediately follows the change. In the calculations under paragraph (c) of this section, apply the updated destruction efficiency to the destruction that occurs after the change to the device.
(iii) Previous testing. If an emissions test was conducted within the 5 years prior to November 12, 2024, and the emissions testing meets the requirements in paragraph (d)(7)(i) of this section, each entity may use the destruction efficiency determined during this previous emissions testing. For purposes of paragraph (d)(7)(ii)(A) of this section, the date of the previous emissions test rather than November 12, 2024, shall constitute the beginning of the 5-year re-measurement cycle.
(iv) Hazardous waste combustor testing. If a destruction unit used to destroy a controlled substance is subject to testing under subpart EEE of part 63 of this chapter or any portion of parts 260 through 270 of this chapter, each entity may apply the destruction efficiency specifically determined for controlled substances under that test if the testing meets the criteria in paragraph (d)(7)(i)(A) of this section. If the testing of the destruction efficiency under subpart EEE of part 63 was conducted more than 5 years ago, the entity may use the most recent destruction efficiency test provided that the design, operation, and maintenance of the destruction unit has not changed since the last destruction efficiency test in a manner that could affect the ability to achieve the destruction efficiency, and the hazardous waste is fed into the normal flame zone.
(8) Mass of previously produced controlled substances fed into a destruction unit. Each entity must measure the mass of each controlled substance that is fed into the destruction unit in more than trace concentrations. Such controlled substances include but are not limited to quantities that are shipped to the facility by another facility for destruction and quantities that are returned to the facility for reclamation but are found to be irretrievably contaminated and are therefore destroyed. The entity must use flowmeters, weigh scales, or a combination of volumetric and density measurements with an accuracy and precision of ±1 percent of full scale or better. If the measured mass includes more than trace concentrations of materials other than the controlled substance being destroyed, the entity must measure the concentration of the controlled substance being destroyed. The entity must multiply this concentration (mass fraction) by the mass measurement to obtain the mass of the controlled substance fed into the destruction unit.
(9) Emissions due to malfunctions of destruction unit. In their estimates of the mass of controlled substances destroyed, facilities that destroy controlled substances must account for any temporary reductions in the destruction efficiency that result from any malfunctions of the destruction unit, including periods of operation outside of the operating conditions defined in operating permit requirements and/or outside of the destruction unit's manufacturer's specifications.
(10) Emissions due to process startup, shutdown, or malfunctions. For each process listed in paragraph (b) of this section, each entity must account for emissions of controlled substance that occur at each facility as a result of startups, shutdowns, and malfunctions, either recording controlled substance emissions during these events, or documenting that these events do not result in significant controlled substance emissions. Facilities may use the calculation methods in paragraph (c)(1)(i) of this section to estimate emissions during startups, shutdowns, and malfunctions.
(11) Development of initial parameters. Initial scoping speciations, emissions testing, emission factor development, emission calculation factor development, emission characterization development, and destruction efficiency determinations must be completed by February 7, 2025, for processes and operating scenarios that operate between October 10, 2024, and November 12, 2024. For other processes and operating scenarios, initial scoping specifications, emissions testing, emission factor development, emission calculation factor development, emission characterization development, and destruction efficiency determinations must be complete by February 14 of the year following the year in which the process or operating scenario commences or recommences.
(12) Calibration for volumetric and density measurements. Calibrate all flow meters, weigh scales, and combinations of volumetric and density measures using monitoring instruments traceable to the International System of Units (SI) through the National Institute of Standards and Technology (NIST) or other recognized national measurement institute. Recalibrate all flow meters, weigh scales, and combinations of volumetric and density measures at the minimum frequency specified by the manufacturer. Use any of the following applicable flow meter test methods or the calibration procedures specified by the flow meter, weigh-scale, or other volumetric or density measure manufacturer.
(i) ASME MFC-3M-2004 Measurement of Fluid Flow in Pipes Using Orifice, Nozzle, and Venturi (incorporated by reference, see § 82.27).
(ii) ASME MFC-4M-1986 (Reaffirmed 2016) Measurement of Gas Flow by Turbine Meters (incorporated by reference, see § 82.27).
(iii) ASME-MFC-5M-1985, (Reaffirmed1994) Measurement of Liquid Flow in Closed Conduits Using Transit-Time Ultrasonic Flowmeters (incorporated by reference, see § 82.27).
(iv) ASME MFC-6M-1998 Measurement of Fluid Flow in Pipes Using Vortex Flowmeters (incorporated by reference, see § 82.27).
(v) ASME MFC-7M-1987 (Reaffirmed 1992) Measurement of Gas Flow by Means of Critical Flow Venturi Nozzles (incorporated by reference, see § 82.27).
(vi) ASME MFC-9M-1988 (Reaffirmed 2001) Measurement of Liquid Flow in Closed Conduits by Weighing Method (incorporated by reference, see § 82.27).
(vii) ASME MFC-11M-2006 Measurement of Fluid Flow by Means of Coriolis Mass Flowmeters (incorporated by reference, see § 82.27).
(viii) ASME MFC-14M-2003 Measurement of Fluid Flow Using Small Bore Precision Orifice Meters (incorporated by reference, see § 82.27).
(13) Calibration for concentration determinations. All analytical equipment used to determine the concentration of controlled substances, including but not limited to gas chromatographs and associated detectors, IR, FTIR, and NMR devices, must be calibrated at a frequency needed to support the type of analysis specified in the monitoring plan as required under paragraph (d)(5)(iii) of this section. Quality assurance samples at the concentrations of concern must be used for the calibration. Such quality assurance samples must consist of or be prepared from certified standards of the analytes of concern where available; if not available, calibration must be performed by a method specified in the monitoring plan.
(e) Data reporting requirements —(1) All facilities. In addition to the information required by § 82.13, for class I controlled substances, and § 82.24, for class II controlled substances, each entity must report the information in paragraphs (e)(1)(ii) through (iv) of this section according to the schedule in paragraph (e)(1)(i) of this section.
(i) Frequency of reporting under this paragraph (e)(1). The information in paragraphs (e)(1)(ii) through (v) of this section must be reported annually, as applicable.
(ii) Process identification. For each process listed in paragraph (b)(2) of this section, each entity must provide:
(A) A description and identification of the process listed in paragraph (b)(2) of this section.
(B) A description and number, letter, or other identifier for each process vent associated with the process. This identifier must be a consistent name reported from year to year.
(C) The type of method(s) ( i.e., process-vent-specific emission factor, process-vent-specific emission calculation factor, or mass balance) and each applicable analytical approach ( e.g., compliance options under paragraphs (c)(1)(i) and (d)(4) of this section) used to determine the mass emissions from each process vent associated with the process.
(D) The type of method(s) ( e.g., site-specific leak monitoring approach or EPA Method 21 monitoring) and each applicable analytical approach ( e.g., compliance options under paragraphs (c)(2)(i) and (d)(4) of this section) used to determine the mass emissions from equipment leaks associated with the process.
(iii) Process emissions. For each controlled substance, each entity must report the total mass in kilograms of the controlled substance emitted from the processes listed in paragraph (b)(2) of this section.
(iv) Effective destruction efficiency. For each process and controlled substance, report the effective destruction efficiency, DE effective, calculated for that process using equation 31 to paragraph (c)(6) of this section.
(v) Monitoring plan. The monitoring plan, as specified in paragraph (f)(6) of this section, including any revisions since the prior year's submission as applicable.
(2) Reporting for emission factor and emission calculation factor approach. For processes whose emissions are determined using the emission factor approach under paragraph (c)(1)(iii) of this section or the emission calculation factor under paragraph (c)(1)(iv) of this section, each entity must report the following for each process.
(i) The identity and quantity of the process activity used to estimate emissions ( e.g., tons of product produced or tons of reactant consumed) for each process vent associated with the process.
(ii) The site-specific, process-vent-specific emission factor(s) or emission calculation factor for each process vent associated with the process.
(iii) For each controlled substance, the mass emitted from each process vent associated with the process, in kilograms.
(iv) For each controlled substance, the total mass emitted from equipment leaks, in kilograms.
(3) Reporting for mass balance approach. For processes whose emissions are determined using the mass-balance approach under paragraph (c)(4) of this section, you must report the information listed in paragraphs (e)(3)(i) through (xiii) of this section for each process on an annual basis. Identify and separately report controlled substance emissions from transformation processes where the controlled substance reactants are produced at another facility. If you use an element other than a halogen in the mass-balance equation pursuant to paragraph (c)(4)(iii) of this section, substitute that element for the halogen in the reporting requirements of this paragraph (e)(3).
(i) If you calculate the relative and absolute errors under paragraph (c)(4)(i) of this section, the absolute and relative errors calculated under paragraph (c)(4)(i) of this section, as well as the data (including quantities and their accuracies and precisions) used in these calculations.
(ii) The balanced chemical equation that describes the reaction used to manufacture the controlled substance product and each controlled substance transformation product.
(iii) The mass and chemical formula of each controlled substance reactant emitted from the process in metric tons.
(iv) The mass and chemical formula of the controlled substance product emitted from the process in metric tons.
(v) The mass and chemical formula of each controlled substance byproduct emitted from the process in metric tons.
(vi) The mass and chemical formula of each controlled substance reactant that is fed into the process (metric tons).
(vii) The mass and chemical formula of each halogen-containing product produced by the process (metric tons).
(viii) If you use paragraph (c)(4)(iv) of this section to estimate the total mass of halogen in destroyed or recaptured streams, report the following.
(A) The mass and chemical formula of each halogen-containing product that is removed from the process and fed into the destruction device (metric tons).
(B) The mass and chemical formula of each halogen-containing byproduct that is removed from the process and fed into the destruction device (metric tons).
(C) The mass and chemical formula of each halogen-containing reactant that is removed from the process and fed into the destruction device (metric tons).
(D) The mass and chemical formula of each halogen-containing byproduct that is removed from the process and recaptured (metric tons).
(E) The demonstrated destruction efficiency of the destruction device for each controlled substance fed into the device from the process in greater than trace concentrations (fraction).
(ix) If you use paragraph (c)(4)(xv) of this section to estimate the total mass of halogen in destroyed or recaptured streams, report the following.
(A) The mass of halogen in each stream that is fed into the destruction device (metric tons).
(B) The mass of halogen that is recaptured (metric tons).
(C) The weighted average destruction efficiency of the destruction device calculated for each stream under paragraph (c)(4)(xvi) of this section.
(x) The fraction of the mass emitted that consists of each halogen-containing reactant.
(xi) The fraction of the mass emitted that consists of the halogen-containing product.
(xii) The fraction of the mass emitted that consists of each halogen-containing byproduct.
(xiii) The method used to estimate the total mass of halogen in destroyed or recaptured streams (specify paragraph (c)(4)(iv) or (xv) of this section).
(4) Reporting of destruction unit excess emission data. Each facility that destroys a controlled substance must report the excess emissions that result from malfunctions of the destruction unit, and these excess emissions must be reflected in the controlled substance estimates in paragraph (c)(1) of this section. Such excess emissions would occur if the destruction efficiency was reduced due to the malfunction.
(5) Reporting of destruction unit testing. By February 7, 2025, or by February 14 of the year immediately following the year in which it begins controlled substance destruction, each facility that destroys controlled substances must submit a report containing the information in paragraphs (e)(5)(i) through (iii) of this section. This report is one-time unless a change is made to the destruction unit that would be expected to affect its destruction efficiencies.
(i) Chemical identity of the controlled substance(s) used in the performance test conducted to determine destruction efficiency, including surrogates, and information on why the surrogate is sufficient to demonstrate the destruction efficiency for each controlled substance, consistent with requirements in paragraph (d)(7)(i) of this section, vented to the destruction unit.
(ii) Date of the most recent destruction unit test.
(iii) Name of all applicable Federal or State regulations that may apply to the destruction process.
(6) Reporting for destruction. Each facility that destroys controlled substances must report, separately from the controlled substance emissions reported under paragraph (e)(2) of this section, the following for each previously produced controlled substance destroyed:
(i) The mass of the controlled substance emitted from the destruction unit (kilograms).
(ii) [Reserved]
(7) Reporting of controlled substance products of incomplete combustion (PICs) of controlled substances. Each facility that destroys controlled substances must submit a one-time report by February 7, 2025, or by February 14 of the year immediately following the year in which it begins controlled substance destruction, that describes any measurements, research, or analysis that it has performed or obtained that relate to the formation of products of incomplete combustion that are controlled substances during the destruction of controlled substances. The report must include the methods and results of any measurement or modeling studies, including the products of incomplete combustion for which the exhaust stream was analyzed, as well as copies of relevant scientific papers, if available, or citations of the papers, if they are not. No new testing is required to fulfill the requirement of this paragraph (e)(7).
(f) Records that must be retained. Each entity must retain the dated records specified in paragraphs (f)(1) through (6) of this section, as applicable, and be able to provide such information to EPA within 5 business days of the date the records are requested.
(1) Process information records. (i) Identify all processes subject to this section. Include the unit identification as appropriate, the process identification reported for the process under paragraphs (e)(1)(ii)(A) through (B) of this section, and the product with which the process is associated.
(ii) Monthly and annual records, as applicable, of all analyses and calculations conducted as required under paragraph (c) of this section, including the data monitored under paragraph (d) of this section, and all information reported as required under paragraph (e) of this section.
(2) Scoping speciation. Retain records documenting the information collected under paragraph (d)(1) of this section.
(3) Emission factor and emission calculation factor method. Retain the following records for each process for which the emission factor or emission calculation factor method was used to estimate emissions.
(i) Identify all continuous process vents with emissions of controlled substances that are included in the top 25 percent of continuous process vents, and all continuous process vents in the remaining group ( i.e., 75 percent of continuous process vents with lower emissions of controlled substances). Include the data and calculation used to develop the preliminary estimate of emissions for each process vent.
(ii) Identify all batch process vents.
(iii) For each vent, identify the method used to develop the factor ( i.e., emission factor by emissions test or emission calculation factor).
(iv) The emissions test data and reports (see paragraph (d)(2)(v) of this section) and the calculations used to determine the process-vent-specific emission factor, including the actual process-vent-specific emission factor, the average hourly emission rate of each controlled substance from the process vent during the test and the process feed rate, process production rate, or other process activity rate during the test.
(v) The process-vent-specific emission calculation factor and the calculations used to determine the process-vent-specific emission calculation factor.
(vi) The annual process production quantity or other process activity information in the appropriate units, along with the dates and time period during which the process was operating and dates and time periods the process vents are vented to the destruction unit. As an alternative to date and time periods when process vents are vented to the destruction unit, a facility may track dates and time periods that process vents by-pass the destruction unit.
(vii) Calculations used to determine annual emissions of each controlled substance for each process and the total controlled substance emissions for all processes, i.e., total for facility.
(4) Mass-balance method. Retain the following records for each process for which the mass-balance method was used to estimate emissions. If you use an element other than a halogen in the mass-balance equation pursuant to paragraph (c)(4)(iii) of this section, substitute that element for the halogen in the recordkeeping requirements of this paragraph (f)(4).
(i) The data and calculations used to estimate the absolute and relative errors associated with use of the mass-balance approach.
(ii) The data and calculations used to estimate the mass of halogen emitted from the process.
(iii) The data and calculations used to determine the fractions of the mass emitted consisting of each reactant (FERd), product (FEP), and byproduct (FEBk), including the preliminary calculations in paragraph (c)(4)(viii)(A) of this section.
(5) Destruction efficiency testing. A facility that destroys controlled substances and reflects this destruction in paragraph (c) of this section must retain the emissions performance testing reports (including revised reports) for each destruction unit. The emissions performance testing report must contain all information and data used to derive the destruction efficiency for each controlled substance whose destruction the facility reflects in paragraph (c) of this section, as well as the key process and device conditions during the test. This information includes the following:
(i) Destruction efficiency (DE) determined for each controlled substance whose destruction the facility reflects in paragraph (c) of this section, in accordance with paragraph (d)(7)(i)(A) of this section.
(ii) Chemical identity of the controlled substance(s) used in the performance test conducted to determine destruction efficiency, including surrogates, and information on why the surrogate is sufficient to demonstrate destruction efficiency for each controlled substance, consistent with requirements in paragraph (d)(7)(i)(A) of this section, vented to the destruction unit.
(iii) Mass flow rate of the stream containing the controlled substance or surrogate into the device during the test.
(iv) Concentration (mass fraction) of each controlled substance or surrogate in the stream flowing into the device during the test.
(v) Concentration (mass fraction) of each controlled substance or surrogate at the outlet of the destruction unit during the test.
(vi) Mass flow rate at the outlet of the destruction unit during the test.
(vii) Test methods and analytical methods used to determine the mass flow rates and controlled substance (or surrogate) concentrations of the streams flowing into and out of the destruction unit during the test.
(viii) Destruction unit conditions that are normally monitored for device control, such as temperature, total mass flow rates into the device, and CO or O 2 levels.
(ix) Name of all applicable Federal or State regulations that may apply to the destruction process.
(6) Equipment leak records. If the equipment is subject to paragraph (c)(2) of this section, each entity must maintain information on the number of each type of equipment, the service of each piece of equipment (gas, light liquid, heavy liquid); the concentration of each controlled substance in the stream; each piece of equipment excluded from monitoring requirement; the time period each piece of equipment was in service, and the emission calculations for each controlled substance for all processes. Depending on the equipment leak monitoring approach followed, each entity must maintain information for equipment on the associated screening data concentrations for greater than or equal to 10,000 ppmv and associated screening data concentrations for less than 10,000 ppmv; associated actual screening data concentrations; and associated screening data and leak rate data ( i.e., bagging) used to develop a unit-specific correlation. If a site-specific leak detection approach was developed and followed, provide the records for monitoring events and the emissions estimation calculations, as appropriate, consistent with the approach for equipment leak emission estimation in the monitoring plan.
(7) All facilities. Dated records documenting the initial and periodic calibration of all analytical equipment used to determine the concentration of controlled substances, including but not limited to gas chromatographs, gas chromatography-mass spectrometry, gas chromatograph-electron capture detector, FTIR, and NMR devices, and all mass measurement equipment such as weigh scales, flowmeters, and volumetric and density measures used to measure the quantities reported under this section, including the industry standards or manufacturer directions used for calibration pursuant to paragraphs (d)(5), (6), (12), and (13) of this section.
(8) Controlled substance monitoring plan. A Controlled Substance Monitoring Plan must be completed by February 7, 2025, or within 120 days of the date that an entity first meets the criteria in paragraph (a) of this section.
(i) At a minimum, the monitoring plan shall include the elements listed in this paragraph (f)(8)(i) of this section.
(A) Identification of positions of responsibility ( i.e., job titles) for collection of the emission data.
(B) Explanation of the processes and methods used to collect the necessary data for calculations under this section.
(C) Description of the procedures and methods that are used for quality assurance, maintenance, and repair of all continuous monitoring systems, flow meters, and other instrumentation used to provide data for the controlled substances reported under this part.
(ii) The monitoring plan may rely on references to existing corporate documents ( e.g., standard operating procedures, quality assurance programs under appendix F to 40 CFR part 60 or appendix B to 40 CFR part 75, and other documents) provided that the elements required by paragraph (f)(8)(i) of this section are easily recognizable.
(iii) The owner or operator shall revise the monitoring as needed to reflect changes in production processes, monitoring instrumentation, and quality assurance procedures; or to improve procedures for the maintenance and repair of monitoring systems to reduce the frequency of monitoring equipment downtime.
§ 82.26   Treatment of data submitted under this subpart.
(a) Sections 2.201 through 2.215 and 2.301 of this chapter do not apply to data submitted under this subpart that EPA has determined through rulemaking to be either of the following:
(1) Emission data, as defined in § 2.301(a)(2) of this chapter, determined in accordance with section 114(c) and 307(d) of the Clean Air Act; or
(2) Data not otherwise entitled to confidential treatment.
(b) Except as otherwise provided in paragraph (d) of this section and §§ 2.201 through 2.208 and 2.301(c) and (d) of this chapter do not apply to data submitted under this part that EPA has determined through rulemaking to be entitled to confidential treatment. EPA shall treat that information as confidential in accordance with the provisions of § 2.211 of this chapter, subject to paragraph (d) of this section and § 2.209 of this chapter.
(c) Upon receiving a request under 5 U.S.C. 552 for data submitted under this part that EPA has determined through rulemaking to be entitled to confidential treatment, the relevant Agency official shall furnish the requestor a notice that the information has been determined to be entitled to confidential treatment and that the request is therefore denied. The notice shall include or cite to the appropriate EPA determination.
(d) A determination made through rulemaking that information submitted under this part is entitled to confidential treatment shall continue in effect unless, subsequent to the confidentiality determination through rulemaking, EPA takes one of the following actions:
(1) EPA determines through a subsequent rulemaking that the information is emission data or data not otherwise entitled to confidential treatment; or
(2) The Office of General Counsel issues a final determination, based on the requirements of 5 U.S.C. 552(b)(4), stating that the information is no longer entitled to confidential treatment because of change in the applicable law or newly discovered or changed facts. Prior to making such final determination, EPA shall afford the business an opportunity to submit comments on pertinent issues in the manner described by §§ 2.204(e) and 2.205(b) of this chapter. If, after consideration of any timely comments submitted by the business, the Office of General Counsel makes a revised final determination that the information is not entitled to confidential treatment, the relevant agency official will notify the business in accordance with the procedures described in § 2.205(f)(2) of this chapter.
§ 82.27   Incorporation by reference.
(a)(1) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at EPA and at the National Archives and Records Administration (NARA). Contact EPA at: U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20460, 202-566-1742. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov.
(2) The IBR material may be obtained from the sources in the following paragraphs of this section or from one or more private resellers listed in this paragraph (a)(2). For material that is no longer commercially available, contact: U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20460; a-and-rdocket@epa.gov.
(i) Accuris Standards Store, 321 Inverness Drive, South Englewood, CO 80112; phone: (800) 332-6077; website: https://accuristech.com.
(ii) American National Standards Institute (ANSI), 25 West 43rd Street, Fourth Floor, New York, NY 10036-7417; phone: (212) 642-4980; email: info@ansi.org; website: www.ansi.org.
(iii) GlobalSpec, 257 Fuller Road, Suite NFE 1100, Albany, NY 12203-3621; phone: (800) 261-2052; website: https://standards.globalspec.com.
(iv) Nimonik Document Center, 401 Roland Way, Suite 224, Oakland, CA 94624; phone (650) 591-7600; email: info@document-center.com; website: www.document-center.com.
(b) American Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016, phone: 800.843.2763, email: CustomerCare@asme.org; website: www.asme.org.
(1) ASME MFC-3M-2004, Measurement of Fluid Flow in Pipes Using Orifice, Nozzle, and Venturi, issued August 15, 2005; IBR approved for § 82.25(d).
(2) ASME MFC-4M-1986 (Reaffirmed 2016), Measurement of Gas Flow by Turbine Meters, reaffirmed 2016, IBR approved for § 82.25(d).
(3) ASME MFC-5M-1985 (Reaffirmed 1994), Measurement of Liquid Flow in Closed Conduits Using Transit-Time Ultrasonic Flow Meters, copyright 1985; IBR approved for § 82.25(d).
(4) ASME MFC-6M-1998, Measurement of Fluid Flow in Pipes Using Vortex Flowmeters, July 4, 1998; IBR approved for § 82.25(d).
(5) ASME MFC-7M-1987 (Reaffirmed 1992), Measurement of Gas Flow by Means of Critical Flow Venturi Nozzles, copyright 1987; IBR approved for § 82.25(d).
(6) ASME MFC-9M-1988 (Reaffirmed 2001), Measurement of Liquid Flow in Closed Conduits by Weighing Method, reaffirmed 2001; IBR approved for § 82.25(d).
(7) ASME MFC-11M-2006, Measurement of Fluid Flow by Means of Coriolis Mass Flowmeters, issued March 30, 2007; IBR approved for § 82.25(d).
(8) ASME MFC-14M-2003, Measurement of Fluid Flow Using Small Bore Precision Orifice Meters, issued April 17, 2003; IBR approved for § 82.25(d).
(c) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428; phone: 610.832.9500; email: service@astm.org; website: www.astm.org/.
(1) ASTM D6348-03 Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, approved October 1, 2003, IBR approved for § 82.25(d).
(2) [Reserved]
(d) U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; phone: 202.272.0167; website: www.epa.gov.
(1) Approved Alternative Method 012: An Alternate Procedure for Stack Gas Volumetric Flow Rate Determination (Tracer Gas) (ALT-012), U.S. Environmental Protection Agency Emission Measurement Center, May 23, 1994, IBR approved for § 82.25(d).
(2) Emissions Inventory Improvement Program, Volume II: Chapter 16, Methods for Estimating Air Emissions from Chemical Manufacturing Facilities, August 2007, Final, IBR approved for § 82.25(c).
(3) Protocol for Equipment Leak Emission Estimates, EPA-453/R-95-017, November 1995 (EPA-453/R-95-017), IBR approved for § 82.25(c) and (d).
(4) Protocol for Measuring Destruction or Removal Efficiency (DRE) of Fluorinated Greenhouse Gas Abatement Equipment in Electronics Manufacturing, Version 1, EPA-430-R-10-003, March 2010 (EPA 430-R-10-003), IBR approved for § 82.25 (d).
(5) Tracer Gas Protocol for the Determination of Volumetric Flow Rate Through the Ring Pipe of the Xact Multi-Metals Monitoring System, also known as Other Test Method 24 (Tracer Gas Protocol), Eli Lilly and Company Tippecanoe Laboratories, September 2006, IBR approved for § 82.25(d).
§ 82.30   Purpose and scope.
(a) The purpose of the regulations in this subpart B is to implement section 609 of the Clean Air Act, as amended (Act) regarding the servicing of motor vehicle air conditioners (MVACs), and to implement section 608 of the Act regarding certain servicing, maintenance, repair and disposal of air conditioners in MVACs and MVAC-like appliances (as that term is defined in 40 CFR 82.152).
(b) These regulations apply to any person performing service on a motor vehicle for consideration when this service involves the refrigerant in the motor vehicle air conditioner.
§ 82.31   Incorporation by reference.
(a) Certain material is incorporated by reference into this subpart part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. You can obtain the material from the sources listed in paragraph (b) of this section. You may inspect a copy of the approved material at U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
(b) SAE International. SAE Customer Service, 400 Commonwealth Drive, Warrendale, PA 15096-0001 USA; Email: CustomerService@sae.org; Telephone: 1-877-606-7323 (U.S. and Canada only) or 1-724-776-4970 (outside the U.S. and Canada); internet address: http://store.sae.org/dlabout.htm.
(1) SAE J2843 TM . R-1234yf (HFO-1234yf) Recovery/Recycling/Recharging Equipment for Flammable Refrigerants for Mobile Air-Conditioning Systems. Revised July 2019; IBR approved for § 82.36(a).
(2) SAE J2851. Recovery Equipment for Contaminated R-134a or R-1234yf Refrigerant from Mobile Automotive Air Conditioning Systems. Revised February 2015; IBR approved for § 82.36(a).
(3) SAE J3030. Automotive Refrigerant Recovery/Recycling/Recharging Equipment Intended for use with Both R-1234yf and R-134a. Issued July 2015 ( Note: SAE J3030 heading says “revised”); IBR approved for § 82.36(a).
§ 82.32   Definitions.
(a) Approved independent standards testing organization means any organization which has applied for and received approval from the Administrator pursuant to § 82.38.
(b) Approved refrigerant recycling equipment means equipment certified by the Administrator or an organization approved under § 82.38 as meeting either one of the standards in § 82.36. Such equipment extracts and recycles refrigerant or extracts refrigerant for recycling on-site or reclamation off-site.
(c) Motor vehicle as used in this subpart means any vehicle which is self-propelled and designed for transporting persons or property on a street or highway, including but not limited to passenger cars, light duty vehicles, and heavy duty vehicles. This definition does not include a vehicle where final assembly of the vehicle has not been completed by the original equipment manufacturer.
(d) Motor vehicle air conditioners means mechanical vapor compression refrigeration equipment used to cool the driver's or passenger's compartment of any motor vehicle. This definition is not intended to encompass the hermetically sealed refrigeration systems used on motor vehicles for refrigerated cargo and the air conditioning systems on passenger buses using HCFC-22 refrigerant.
(e) Properly using. (1) Properly using means using equipment in conformity with the regulations set forth in this subpart, including but not limited to the prohibitions and required practices set forth in § 82.34, and the recommended service procedures and practices for the containment of refrigerant set forth in § 82.36(a) and appendices A, B, C, D, E, and F to this subpart, as applicable. In addition, this term includes operating the equipment in accordance with the manufacturer's guide to operation and maintenance and using the equipment only for the controlled substance for which the machine is designed. For equipment that extracts and recycles refrigerant, properly using also means to recycle refrigerant before it is returned to a motor vehicle air conditioner or MVAC-like appliance, including to the motor vehicle air conditioner or MVAC-like appliance from which the refrigerant was extracted. For equipment that only recovers refrigerant, properly using includes the requirement to recycle the refrigerant on-site or send the refrigerant off-site for reclamation.
(2) Refrigerant from reclamation facilities that is used for the purpose of recharging motor vehicle air conditioners must be at or above the standard of purity developed by the Air-conditioning and Refrigeration Institute (ARI 700-93) (which is codified at 40 CFR part 82, subpart F, appendix A, and is available at 4301 North Fairfax Drive, Suite 425, Arlington, Virginia 22203). Refrigerant may be recycled off-site only if the refrigerant is extracted using recover only equipment, and is subsequently recycled off-site by equipment owned by the person that owns both the recover only equipment and owns or operates the establishment at which the refrigerant was extracted. In any event, approved equipment must be used to extract refrigerant prior to performing any service during which discharge of refrigerant from the motor vehicle air conditioner can reasonably be expected. Intentionally venting or disposing of refrigerant to the atmosphere is an improper use of equipment.
(3) Notwithstanding any other terms of this paragraph (e), approved refrigerant recycling equipment may be transported off-site and used to perform service involving refrigerant at other locations where such servicing occurs. Any such servicing involving refrigerant must meet all of the requirements of this subpart B that would apply if the servicing occurred on-site.
(4) Facilities that charge MVACs or MVAC-like appliances with refrigerant but do not perform any other service involving refrigerant ( i.e., perform “top-offs” only) are considered to be engaged in “service involving refrigerant” and are therefore subject to any and all requirements of this subsection that apply to facilities that perform a wider range of refrigerant servicing. For facilities that charge MVACs, this includes the requirement to purchase approved refrigerant recycling equipment. For facilities that only charge MVAC-like appliances, this does not include the requirement to purchase approved refrigerant recycling equipment, but does include the requirement to be properly trained and certified by a technician certification program approved by the Administrator pursuant to either § 82.40 or § 82.161(a)(5).
(5) All persons opening (as that term is defined in § 82.152) MVAC-like appliances must have at least one piece of approved recovery or recycling equipment available at their place of business.
(f) Refrigerant means any class I or class II substance used in a motor vehicle air conditioner. Class I and class II substances are listed in part 82, subpart A, appendix A. Effective November 15, 1995, refrigerant shall also include any substitute substance.
(g) Service for consideration means being paid to perform service, whether it is in cash, credit, goods, or services. This includes all service except that done for free.
(h) Service involving refrigerant means any service during which discharge or release of refrigerant from the MVAC or MVAC-like appliance to the atmosphere can reasonably be expected to occur. Service involving refrigerant includes any service in which an MVAC or MVAC-like appliance is charged with refrigerant but no other service involving refrigerant is performed ( i.e., a “top-off”).
(i) Motor vehicle disposal facility means any commercial facility that engages in the disposal (which includes dismantling, crushing or recycling) of MVACs or MVAC-like appliances, including but not limited to automotive recycling facilities, scrap yards, landfills and salvage yards engaged in such operations. Motor vehicle repair and/or servicing facilities, including collision repair facilities, are not considered motor vehicle disposal facilities.
§ 82.34   Prohibitions and required practices.
(a) No person repairing or servicing MVACs for consideration, and no person repairing or servicing MVAC-like appliances, may perform any service involving the refrigerant for such MVAC or MVAC-like appliance:
(1) Without properly using equipment approved pursuant to § 82.36;
(2) Unless any such person repairing or servicing an MVAC has been properly trained and certified by a technician certification program approved by the Administrator pursuant to § 82.40; and
(3) Unless any such person repairing or servicing an MVAC-like appliance has been properly trained and certified by a technician certification program approved by the Administrator pursuant to either § 82.40 or § 82.161(a)(5).
(b) Effective November 15, 1992, no person may sell or distribute, or offer for sale or distribution, any class I or class II substance that is suitable for use as a refrigerant in motor vehicle air-conditioner and that is in a container which contains less than 20 pounds of such refrigerant to any person unless that person is properly trained and certified under § 82.40 or intended the containers for resale only, and so certifies to the seller under § 82.42(b)(3).
(c) No technician training programs may issue certificates unless the program complies with all of the standards in § 82.40(a).
(d) Motor vehicle disposal facilities. (1) Any refrigerant that is extracted from an MVAC or an MVAC-like appliance (as that term is defined in § 82.152) bound for disposal and located at a motor vehicle disposal facility may not be subsequently used to charge or recharge an MVAC or MVAC-like appliance, unless, prior to such charging or recharging, the refrigerant is either:
(i) Recovered, and reclaimed in accordance with the regulations promulgated under § 82.32(e)(2) of this subpart B; or
(ii) (A) Recovered using approved refrigerant recycling equipment dedicated for use with MVACs and MVAC-like appliances, either by a technician certified under paragraph (a)(2) of this section, or by an employee, owner, or operator of, or contractor to, the disposal facility; and
(B) Subsequently recycled by the facility that charges or recharges the refrigerant into an MVAC or MVAC-like appliance, properly using approved refrigerant recycling equipment in accordance with any applicable recommended service procedures set forth in the appendices to this subpart B.
(2) Any refrigerant the sale of which is restricted under subpart F that is extracted from an MVAC or an MVAC-like appliance bound for disposal and located at a motor vehicle disposal facility but not subsequently reclaimed in accordance with the regulations promulgated under subpart F, may be sold prior to its subsequent re-use only to a technician certified under paragraph (a)(2) of this section. Any technician certified under paragraph (a)(2) of this section who obtains such a refrigerant may subsequently re-use such refrigerant only in an MVAC or MVAC-like appliance, and only if it has been reclaimed or properly recycled.
(e) Refrigerant handling equipment manufactured or imported for use during the maintenance, service or repair of MVACs for consideration cannot be introduced into interstate commerce unless meeting the requirements of § 82.36.
§ 82.36   Approved refrigerant handling equipment.
(a)(1) Refrigerant recycling equipment must be certified by the Administrator or an independent standards testing organization approved by the Administrator under § 82.38 to meet the following standard:
(2) Equipment that recovers and recycles CFC-12 refrigerant must meet the standards set forth in appendix A of this subpart (Recommended Service Procedure for the Containment of CFC-12, Extraction and Recycle Equipment for Mobile Automotive Air-Conditioning Systems, and Standard of Purity for Use in Mobile Air Conditioning Systems).
(3) Equipment that recovers but does not recycle CFC-12 refrigerant must meet the standards set forth in appendix B of this subpart (Recommended Service Procedure for the Containment of CFC-12 and Extraction Equipment for Mobile Automotive Air-Conditioning Systems).
(4) Effective January 1, 2008, equipment that recovers and recycles HFC-134a refrigerant and equipment that recovers and recycles HFC-134a refrigerant and recharges systems with HFC-134a refrigerant must meet the standards set forth in Appendix C of this subpart based upon J2788—HFC-134a (R-134a) Recovery/Recycling Equipment and Recovery/Recycling/Recharging for Mobile Air-Conditioning Systems.
(5) Effective October 31, 2008, equipment that recovers but does not recycle HFC-134a refrigerant must meet the standards set forth in Appendix D of this subpart based upon J2810—HFC-134a (R-134a) Recovery Equipment Mobile Air-Conditioning Systems.
(6) Equipment that recovers and recycles both CFC-12 and HFC-134a using common circuitry must meet the standards set forth in appendix E of this subpart (Automotive Refrigerant Recycling Equipment Intended for Use with both CFC-12 and HFC-134a, Recommended Service Procedure for the Containment of CFC-12, and Recommended Service Procedure for the Containment of HFC-134a).
(7) Equipment that recovers but does not recycle refrigerants other than CFC-12, HFC-134a, and HFO-1234yf must meet the standards set forth in appendix F of this subpart (Recover-Only Equipment that Extracts a Single, Specific Refrigerant Other Than CFC-12, HFC-134a, or HFO-1234yf).
(8) Equipment that recovers and recycles HFO-1234yf refrigerant from MVACs and recharges MVAC systems with HFO-1234yf refrigerant must meet the standards set forth in SAE J2843 (incorporated by reference, see §  82.31).
(9) Equipment that recovers but does not recycle contaminated HFC-134a and/or HFO-1234yf refrigerant from MVACs must meet the standards set forth in SAE J2851 (incorporated by reference, see §  82.31).
(10) Equipment that recovers, recycles, and recharges both HFO-1234yf and R-134a from MVACs must meet the standards set forth in SAE J3030 (incorporated by reference, see §  82.31).
(b)(1) Refrigerant recycling equipment that has not been certified under paragraph (a) of this section shall be considered approved if it is substantially identical to the applicable equipment certified under paragraph (a) of this section, and:
(i) For equipment that recovers and recycles CFC-12 refrigerant, it was initially purchased before September 4, 1991;
(ii) For equipment that recovers but does not recycle CFC-12 refrigerant, it was initially purchased before April 22, 1992;
(iii) For equipment that recovers and recycles HFC-134a refrigerant, it was initially purchased before March 6, 1996;
(iv) For equipment that recovers but does not recycle HFC-134a refrigerant, it was initially purchased before March 6, 1996;
(v) For equipment that recovers but does not recycle any single, specific refrigerant other than CFC-12 or HFC-134a, it was initially purchased before March 6, 1996; and
(vi) For equipment that recovers and recycles HFC-134a and CFC-12 refrigerant using common circuitry, it was initially purchased before March 6, 1996.
(2) Equipment manufacturers or owners may request a determination by the Administrator by submitting an application and supporting documents that indicate that the equipment is substantially identical to approved equipment to: MVACs Recycling Program Manager, Stratospheric Protection Division (6205J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Attn: Substantially Identical Equipment Review. Supporting documents must include process flow sheets, lists of components and any other information that would indicate that the equipment is capable of processing the refrigerant to the standards in appendix A, B, C, D, E or F of this subpart, as applicable. Authorized representatives of the Administrator may inspect equipment for which approval is being sought and request samples of refrigerant that has been extracted and/or recycled using the equipment. Equipment that fails to meet appropriate standards will not be considered approved.
(3) Refrigerant recycling equipment that recovers or recovers and recycles CFC-12 refrigerant and has not been certified under paragraph (a) or approved under paragraphs(b)(1) and (b)(2) of this section shall be considered approved for use with an MVAC-like appliance if it was manufactured or imported before November 15, 1993, and is capable of reducing the system pressure to 102 mm of mercury vacuum under the conditions set forth in appendix A of this subpart.
(c) The Administrator will maintain a list of approved equipment by manufacturer and model. Persons interested in obtaining a copy of the list should send written inquiries to the address in paragraph (b) of this section.
§ 82.38   Approved independent standards testing organizations.
(a) Any independent standards testing organization may apply for approval by the Administrator to certify equipment as meeting the standards in § 82.36(a) and appendices A, B, C, D, E, and F to this subpart, as applicable. The application shall be sent to: MVACs Recycling Program Manager, Stratospheric Protection Division (6205T), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
(b) Applications for approval must document the following:
(1) That the organization has the capacity to accurately test whether refrigerant recycling equipment complies with the applicable standards. In particular, applications must document:
(i) The equipment present at the organization that will be used for equipment testing;
(ii) The expertise in equipment testing and the technical experience of the organization's personnel;
(iii) Thorough knowledge of the standards as they appear in the applicable appendices of this subpart; and
(iv) The test procedures to be used to test equipment for compliance with applicable standards, and why such test procedures are appropriate for that purpose.
(2) That the organization has no conflict of interest and will receive no financial benefit based on the outcome of certification testing; and
(3) That the organization agrees to allow the Administrator access to verify the information contained in the application.
(c) If approval is denied under this section, the Administrator shall give written notice to the organization setting forth the basis for his or her determination.
(d) If at any time an approved independent standards testing organization is found to be conducting certification tests for the purposes of this subpart in a manner not consistent with the representations made in its application for approval under this section, the Administrator reserves the right to revoke approval.
§ 82.40   Technician training and certification.
(a) Any technician training and certification program may apply for approval, in accordance with the provisions of this paragraph, by submitting to the Administrator at the address in § 82.38(a) verification that the program meets all of the following standards:
(1) Training. Each program must provide adequate training, through one or more of the following means: on-the-job training, training through self-study of instructional material, or on-site training involving instructors, videos or a hands-on demonstration.
(2) Test subject material. The certification tests must adequately and sufficiently cover the following:
(i) The standards established for the service and repair of MVACs and MVAC-like appliances as set forth in § 82.36(a) and appendices A, B, C, D, E, and F to this subpart. These standards relate to the recommended service procedures for the containment of refrigerant, extraction equipment, extraction and recycle equipment, and the standard of purity for refrigerant in motor vehicle air conditioners.
(ii) Anticipated future technological developments, such as the introduction of HFC-134a in new motor vehicle air conditioners.
(iii) The environmental consequences of refrigerant release and the adverse effects of stratospheric ozone layer depletion.
(iv) As of August 13, 1992, the requirements imposed by the Administrator under section 609 of the Act.
(3) Test administration. Completed tests must be graded by an entity or individual who receives no benefit based on the outcome of testing; a fee may be charged for grading. Sufficient measures must be taken at the test site to ensure that tests are completed honestly by each technician. Each test must provide a means of verifying the identification of the individual taking the test. Programs are encouraged to make provisions for non-English speaking technicians by providing tests in other languages or allowing the use of a translator when taking the test. If a translator is used, the certificate received must indicate that translator assistance was required.
(4) Proof of certification. Each certification program must offer individual proof of certification, such as a certificate, wallet-sized card, or display card, upon successful completion of the test. Each certification program must provide a unique number for each certified technician.
(b) In deciding whether to approve an application, the Administrator will consider the extent to which the applicant has documented that its program meets the standards set forth in this section. The Administrator reserves the right to consider other factors deemed relevant to ensure the effectiveness of certification programs. The Administrator may approve a program which meets all of the standards in paragraph (a) of this section except test administration if the program, when viewed as a whole, is at least as effective as a program that does meet all the standards. Such approval shall be limited to training and certification conducted before August 13, 1992. If approval is denied under this section, the Administrator shall give written notice to the program setting forth the basis for his determination.
(c) Technical revisions. Directors of approved certification programs must conduct periodic reviews of test subject material and update the material based upon the latest technological developments in motor vehicle air conditioner service and repair. A written summary of the review and any changes made must be submitted to the Administrator every two years.
(d) Recertification. The Administrator reserves the right to specify the need for technician recertification at some future date, if necessary.
(e) If at any time an approved program is conducted in a manner not consistent with the representations made in the application for approval of the program under this section, the Administrator reserves the right to revoke approval.
(f) Authorized representatives of the Administrator may require technicians to demonstrate on the business entity's premises their ability to perform proper procedures for recovering and/or recycling refrigerant. Failure to demonstrate or failure to properly use the equipment may result in revocation of the technician's certificate by the Administrator. Technicians whose certification is revoked must be recertified before servicing or repairing any motor vehicle air conditioners.
§ 82.42   Certification, recordkeeping and public notification requirements.
(a) Certification requirements. (1) No later than January 1, 1993, any person repairing or servicing motor vehicle air conditioners for consideration shall certify to the Administrator that such person has acquired, and is properly using, approved equipment and that each individual authorized to use the equipment is properly trained and certified. Certification shall take the form of a statement signed by the owner of the equipment or another responsible officer and setting forth:
(i) The name of the purchaser of the equipment;
(ii) The address of the establishment where the equipment will be located; and
(iii) The manufacturer name and equipment model number, the date of manufacture, and the serial number of the equipment. The certification must also include a statement that the equipment will be properly used in servicing motor vehicle air conditioners, that each individual authorized by the purchaser to perform service is properly trained and certified in accordance with § 82.40, and that the information given is true and correct.
(A) Owners or lessees of recycling or recovery equipment having their places of business in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont must send their certifications to: CAA section 609 Enforcement Contact; EPA Region I; Mail Code 04-2; 5 Post Office Square—Suite 100, Boston, MA 02109-3912.
(B) Owners or lessees of recycling or recovery equipment having their places of business in New York, New Jersey, Puerto Rico, Virgin Islands must send their certifications to: CAA section 609 Enforcement Contact; EPA Region II (2DECA-AC); 290 Broadway, 21st Floor; New York, NY 10007-1866.
(C) Owners or lessees of recycling or recovery equipment having their places of business in Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia must send their certifications to: CAA section 609 Enforcement Contact; EPA Region III—Wheeling Operations Office; Mail Code 3AP12; 303 Methodist Building; 11th and Chapline Streets; Wheeling, WV 26003.
(D) Owners or lessees of recycling or recovery equipment having their places of business in Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee must send their certifications to: CAA section 609 Enforcement Contact; EPA Region IV (APT-AE); Atlanta Federal Center; 61 Forsyth Street, SW.; Atlanta, GA 30303.
(E) Owners or lessees of recycling or recovery equipment having their places of business in Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin must send their certifications to: CAA section 609 Enforcement Contact, EPA Region V (AE17J); 77 West Jackson Blvd.; Chicago, IL 60604-3507.
(F) Owners or lessees of recycling or recovery equipment having their places of business in Arkansas, Louisiana, New Mexico, Oklahoma, Texas must send their certifications to: CAA Section 609 Enforcement Contact, EPA Region 6, 1201 Elm Street, Suite 500, Mail Code 6ECDAP, Dallas, Texas 75270-2102.
(G) Owners or lessees of recycling or recovery equipment having their places of business in Iowa, Kansas, Missouri, Nebraska must send their certifications to: CAA section 609 Enforcement Contact; EPA Region 7; Mail Code APCO/APDB/ACES; 11201 Renner Boulevard, Lenexa, Kansas 66219.
(H) Owners or lessees of recycling or recovery equipment having their places of business in Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming must send their certifications to: CAA section 609 Enforcement Contact, EPA Region VIII, Mail Code 8ENF-T, 999 18th Street, Suite 500, Denver, CO 80202-2466.
(I) Owners or lessees of recycling or recovery equipment having their places of business in American Samoa, Arizona, California, Guam, Hawaii, Nevada must send their certifications to: CAA section 609 Enforcement Contact; EPA Region IX; Mail Code AIR-5; 75 Hawthorne Street; San Francisco, CA 94105.
(J) Owners or lessees of recycling or recovery equipment having their places of business in Alaska, Idaho, Oregon, Washington must send their certifications to: CAA section 609 Enforcement Contact; EPA Region X (OAQ-107); 1200 Sixth Avenue; Seattle, WA 98101.
(b) Recordkeeping requirements. (1) Any person who owns approved refrigerant recycling equipment certified under § 82.36(a)(2) must maintain records of the name and address of any facility to which refrigerant is sent.
(2) Any person who owns approved refrigerant recycling equipment must retain records demonstrating that all persons authorized to operate the equipment are currently certified under § 82.40.
(3) Any person who sells or distributes any class I or class II substance that is suitable for use as a refrigerant in a motor vehicle air conditioner and that is in a container of less than 20 pounds of such refrigerant must verify that the purchaser is properly trained and certified under § 82.40. The seller must have a reasonable basis for believing that the information presented by the purchaser is accurate. The only exception to these requirements is if the purchaser is purchasing the small containers for resale only. In this case, the seller must obtain a written statement from the purchaser that the containers are for resale only and indicate the purchasers name and business address. Records required under this paragraph must be retained for a period of three years.
(4) All records required to be maintained pursuant to this section must be kept for a minimum of three years unless otherwise indicated. Entities which service motor vehicle air conditioners for consideration must keep these records on-site.
(5) All entities which service motor vehicle air conditioners for consideration must allow an authorized representative of the Administrator entry onto their premises (upon presentation of his or her credentials) and give the authorized representative access to all records required to be maintained pursuant to this section.
(c) Public notification. Any person who conducts any retail sales of a class I or class II substance that is suitable for use as a refrigerant in a motor vehicle air conditioner, and that is in a container of less than 20 pounds of refrigerant, must prominently display a sign where sales of such containers occur which states:
§ 82.60   Purpose.
The purpose of this subpart is to implement the requirements of sections 608 and 610 of the Clean Air Act as amended in 1990 on emission reductions and nonessential products.
§ 82.62   Definitions.
For purposes of this subpart:
Chlorofluorocarbon means any substance listed as Class I group I or Class I group III in 40 CFR part 82, appendix A to subpart A.
Class II Substance means any substance designated as class II in 40 CFR part 82, appendix B to subpart A.
Commercial, when used to describe the purchaser of a product, means a person that uses the product in the purchaser's business or sells it to another person and has one of the following identification numbers:
(1) A federal employer identification number;
(2) A state sales tax exemption number;
(3) A local business license number; or
(4) A government contract number.
Consumer, when used to describe a person taking action with regard to a product, means the ultimate purchaser, recipient or user of a product.
Distributor, when used to describe a person taking action with regard to a product means:
(1) The seller of a product to a consumer or another distributor; or
(2) A person who sells or distributes that product in interstate commerce for export from the United States.
Foam Insulation Product, when used to describe a product containing or consisting of plastic foam, means a product containing or consisting of the following types of foam:
(1) Closed cell rigid polyurethane foam;
(2) Closed cell rigid polystyrene boardstock foam;
(3) Closed cell rigid phenolic foam; and
(4) Closed cell rigid polyethylene foam when such foam is suitable in shape, thickness and design to be used as a product that provides thermal insulation around pipes used in heating, plumbing, refrigeration, or industrial process systems.
Hydrochlorofluorocarbon means any substance listed as class II in 40 CFR part 82, appendix B to subpart A.
Initial Inventory means that the original product has completed all of its manufacturing processes and is ready for sale by the manufacturer. Products in initial inventory may be subsequently incorporated into another product by a different manufacturer after purchase. To continue selling products after the effective date of the provisions, the manufacturer or distributor must be able to show, upon request by EPA, that the product was in fact manufactured, and thus placed into initial inventory prior to the effective date. Shipping forms, lot numbers, manufacturer date stamps or codes, invoices, or the like are normally kept records that could be maintained from the time the product was put into initial inventory and may be used to demonstrate when a product was placed in initial inventory.
Polyurethane Foam System means an item consisting of two transfer pumps that deliver ingredients (polyisocyanate or isocyanate from one side and a mixture including the blowing agent, catalysts, flame retardants, and/or stabilizers from the other side) to a metering/mixing device which allows the components to be delivered in the appropriate proportions.
Product means an item or category of items manufactured from raw or recycled materials which is used to perform a function or task.
Release means to emit into the environment during the manufacture, use, storage or disposal of a product.
Space Vehicles means a man-made device, either manned or unmanned, designed for operation beyond earth's atmosphere. This definition includes integral equipment such as models, mock-ups, prototypes, molds, jigs, tooling, hardware jackets, and test coupons. Also included is auxiliary equipment associated with test, transport, and storage, which through contamination can compromise the space vehicle performance.
§ 82.64   Prohibitions.
(a) Effective February 16, 1993, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products identified as being nonessential in § 82.66(a).
(b) Effective February 16, 1993, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products specified in § 82.66(b) to a person who does not provide proof of being a commercial purchaser, as defined under § 82.62.
(c) Effective January 17, 1994, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products identified as being nonessential in § 82.66(c) or § 82.66(d) except as permitted under § 82.65(g).
(d) Except as permitted under § 82.65, effective January 1, 1994, no person may sell or distribute, or offer for sale or distribution, in interstate commerce any product identified as being nonessential in § 82.70(a) or § 82.70(c).
(e) Except as permitted under § 82.65, effective January 1, 1994, no person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products specified in § 82.70(b) to a person who does not provide proof of being a commercial purchaser, as defined under § 82.62.
(f) Except as permitted under § 82.65(d), effective January 1, 1996, no person may sell or distribute, or offer for sale or distribution, in interstate commerce any product identified as being nonessential in § 82.70(c)(ii).
(g) It is a violation of this subpart to sell or distribute, or offer for sale or distribution, products effected by the provisions of § 82.68 if the seller knew or should have known that the purchaser was purchasing the product for a prohibited application.
(h) No person may sell or distribute, or offer to sell or distribute, in interstate commerce any of the products identified as being nonessential in § 82.66(f).
§ 82.65   Temporary exemptions.
(a) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, at any time, any products specified as nonessential in § 82.70 which are manufactured and placed into initial inventory by December 31, 1993.
(b) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, at any time, any products specified as nonessential in § 82.70 which are manufactured and placed into initial inventory within the date 90 days after the effective date of any federal approvals required for product reformulation, where application for the required approval was timely and properly submitted to the approving federal agency prior to January 1, 1994.
(c)(1) Any person may sell or distribute or offer to sell or distribute, in interstate commerce, at any time, any products specified as nonessential in § 82.70 which are manufactured and placed into initial inventory within 45 days after the receipt of denial by any federal agency of an application for reformulation where initial application for the required approval was timely and properly submitted to the approving federal agency prior to January 1, 1994.
(2) If, within 45 days of receipt of a denial of an application for reformulation, a person submits a new viable application for federal approval of a reformulation, that person may continue to sell and distribute, or offer to sell and distribute until 45 days of denial of that application.
(d) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, at any time, any integral skin foam utilized to provide for motor vehicle safety in accordance with Federal Motor Vehicle Safety Standards, which are manufactured and placed into initial inventory prior to January 1, 1996.
(e) Any person selling or distributing, or offering to sell or distribute, any product specified in this section after January 1, 1994, or January 1, 1996 for paragraph (d) of this section, or after January 17, 1994 for any product specified in paragraph (g) of this section, must retain proof that such product was manufactured and placed into initial inventory before the relevant date specified in this section. Such proof may take the form of shipping forms, lot numbers, manufacturer date stamps, invoices or equivalent business records.
(f) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, any aircraft pesticide containing class I until an alternative aircraft pesticide containing class II is available in interstate commerce.
(g) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, at any time, any replacement part that was manufactured with, or contains a class I substance or was packaged in material that was manufactured with or contains a class I substance only if:
(1) The replacement part was manufactured for use in a single model of a product; and
(2) The replacement part and product model are no longer manufactured; and
(3) The replacement part was placed into initial inventory prior to April 16, 1992.
(h) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, at any time, any air-conditioning or refrigeration products specified as nonessential in § 82.66(e) that are manufactured and placed into initial inventory by January 14, 2002.
(i) Any person may sell or distribute, or offer to sell or distribute, in interstate commerce, at any time, any integral skin foam products manufactured with a Class I substance for use in commercial aviation and specified as nonessential in § 82.66(c) that are manufactured and placed into initial inventory by January 14, 2002.
§ 82.66   Nonessential Class I products and exceptions.
The following products which release a Class I substance (as defined in 40 CFR part 82, appendix A to subpart A) are identified as being nonessential, and subject to the prohibitions specified under § 82.64—
(a) Any plastic party streamer or noise horn which is propelled by a chlorofluorocarbon, including but not limited to—
(1) String confetti;
(2) Marine safety horns;
(3) Sporting event horns;
(4) Personal safety horns;
(5) Wall-mounted alarms used in factories or other work areas; and
(6) Intruder alarms used in homes or cars.
(b) Any cleaning fluid for electronic and photographic equipment which contains a chlorofluorocarbon:
(1) Including but not limited to liquid packaging, solvent wipes, solvent sprays, and gas sprays; and
(2) Except for those sold or distributed to a commercial purchaser.
(c) Any plastic foam product which is manufactured with or contains a Class I substance; except any plastic foam product blown with CFC-11, but which contains no other Class I substances and where this product is used to provide thermal protection to external tanks for space vehicles;
(d) Any aerosol product or other pressurized dispenser, other than those banned in § 82.64(a) or § 82.64(b), which contains a chlorofluorocarbon,
(1) Including but not limited to household, industrial, automotive and pesticide uses,
(2) Except—
(i) Medical devices listed in 21 CFR 2.125(e);
(ii) Lubricants, coatings or cleaning fluids for electrical or electronic equipment, which contain CFC-11, CFC-12, or CFC-113 for solvent purposes, but which contain no other CFCs;
(iii) Lubricants, coatings or cleaning fluids used for aircraft maintenance, which contain CFC-11 or CFC-113 as a solvent, but which contain no other CFCs;
(iv) Mold release agents used in the production of plastic and elastomeric materials, which contain CFC-11 or CFC-113 as a solvent, but which contain no other CFCs, and/or mold release agents that contain CFC-12 as a propellant, but which contain no other CFCs;
(v) Spinnerette lubricant/cleaning sprays used in the production of synthetic fibers, which contain CFC-114 as a solvent, but which contain no other CFCs, and/or spinnerette lubricant/cleaning sprays which contain CFC-12 as a propellant, but which contain no other CFCs;
(vi) Document preservation sprays which contain CFC-113 as a solvent, but which contain no other CFCs, and/or document preservation sprays which contain CFC-12 as a propellant, but which contain no other CFCs, and which are used solely on thick books, books with coated or dense paper and tightly bound documents;
(e) Any air-conditioning or refrigeration appliance as defined in the Clean Air Act (CAA) 601(1) that contains a Class I substance used as a refrigerant; and
(f) Any polyurethane foam system that contains any CFC.
§ 82.68   Verification and public notice requirements.
(a) Effective February 16, 1993, any person who sells or distributes any cleaning fluid for electronic and photographic equipment which contains a chlorofluorocarbon must verify that the purchaser is a commercial entity as defined in § 82.62. In order to verify that the purchaser is a commercial entity, the person who sells or distributes this product must request documentation that proves the purchaser's commercial status by containing one or more of the commercial identification numbers specified in § 82.62(b). The seller or distributor must have a reasonable basis for believing that the information presented by the purchaser is accurate.
(b) Effective February 16, 1993, any person who sells or distributes any cleaning fluid for electronic and photographic equipment which contains a chlorofluorocarbon must prominently display a sign where sales of such product occur which states: “It is a violation of federal law to sell, distribute, or offer to sell or distribute, any chlorofluorocarbon-containing cleaning fluid for electronic and photographic equipment to anyone who is not a commercial user of this product. The penalty for violating this prohibition can be up to $25,000 per sale. Individuals purchasing such products must present proof of their commercial status in accordance with § 82.68(a).”
(c) Effective January 1, 1994, any person who sells or distributes any aerosol or pressurized dispenser of cleaning fluid for electronic and photographic equipment which contains a class II substance must verify that the purchaser is a commercial entity as defined in § 82.62(b). In order to verify that the purchaser is a commercial entity, the person who sells or distributes this product must request documentation that proves the purchaser's commercial status by containing one or more of the commercial identification numbers specified in § 82.62(b).
(d) Effective January 1, 1994, any person who sells or distributes any aerosol or other pressurized dispenser of cleaning fluid for electronic and photographic equipment which contains a class II substance must prominently display a sign where sales of such product occur which states: “It is a violation of federal law to sell, distribute, or offer to sell or distribute, any aerosol hydrochlorofluorocarbon-containing cleaning fluid for electronic and photographic equipment to anyone who is not a commercial user of this product. The penalty for violating this prohibition can be up to $25,000 per unit sold. Individuals purchasing such products must present proof of their commercial status in accordance with § 82.68(c).”
(e) Effective January 1, 1994, in order to satisfy the requirements under § 82.68 (b) and (d), any person who sells or distributes cleaning fluids for electronic and photographic equipment which contain a class I substance and those aerosol or pressurized dispensers of cleaning fluids which contain a class II substance, may prominently display one sign where sales of such products occur which states: “It is a violation of federal law to sell, distribute, or offer to sell or distribute, any chlorofluorocarbon-containing cleaning fluid for electronic and photographic equipment or aerosol hydrochlorofluorocarbon-containing cleaning fluid for electronic and photographic equipment to anyone who is not a commercial user of this product. The penalty for violating this prohibition can be up to $25,000 per unit sold. Individuals purchasing such products must present proof of their commercial status in accordance with 40 CFR 82.68(a) or 82.68(c).”
(f)-(g) [Reserved]
(h) Effective January 1, 1994, any person who sells or distributes any mold release agents containing a class II substance as a propellant must provide written notification to the purchaser prior to the sale that “It is a violation of federal law to sell mold release agents containing hydrochlorofluorocarbons as propellants to anyone, except for use in applications where no other alternative except a class I substance is available. The penalty for violating this prohibition can be up to $25,000 per unit sold.” Written notification may be placed on sales brochures, order forms, invoices and the like.
(i) Effective January 1, 1994, any person who sells or distributes any wasp and hornet spray containing a class II substance must provide written notification to the purchaser prior to the sale that “it is a violation of federal law to sell or distribute wasp and hornet sprays containing hydrochlorofluorocarbons as solvents to anyone, except for use near high-tension power lines where no other alternative except a class I substance is available. The penalty for violating this prohibition can be up to $25,000 per unit sold.” Written notification may be placed on sales brochures, order forms, invoices and the like.
§ 82.70   Nonessential Class II products and exceptions.
The following products which release a class II substance (as designated as class II in 40 CFR part 82, appendix B to subpart A) are identified as being nonessential and the sale or distribution of such products is prohibited under § 82.64 (d), (e), or (f)—
(a) Any aerosol product or other pressurized dispenser which contains a class II substance:
(1) Including but not limited to household, industrial, automotive and pesticide uses;
(2) Except—
(i) Medical devices listed in 21 CFR 2.125(e);
(ii) Lubricants, coatings or cleaning fluids for electrical or electronic equipment, which contain class II substances for solvent purposes, but which contain no other class II substances;
(iii) Lubricants, coatings or cleaning fluids used for aircraft maintenance, which contain class II substances for solvent purposes but which contain no other class II substances;
(iv) Mold release agents used in the production of plastic and elastomeric materials, which contain class II substances for solvent purposes but which contain no other class II substances, and/or mold release agents that contain HCFC-22 as a propellant where evidence of good faith efforts to secure alternatives indicates that, other than a class I substance, there are no suitable alternatives;
(v) Spinnerette lubricants/cleaning sprays used in the production of synthetic fibers, which contain class II substances for solvent purposes and/or contain class II substances for propellant purposes;
(vi) Document preservation sprays which contain HCFC-141b as a solvent, but which contain no other class II substance; and/or which contain HCFC-22 as a propellant, but which contain no other class II substance and which are used solely on thick books, books with coated, dense or paper and tightly bound documents;
(vii) Portable fire extinguishing equipment used for non-residential applications; and
(viii) Wasp and hornet sprays for use near high-tension power lines that contain a class II substance for solvent purposes only, but which contain no other class II substances.
(b) Any aerosol or pressurized dispenser cleaning fluid for electronic and photographic equipment which contains a class II substance, except for those sold or distributed to a commercial purchaser.
(c) Any plastic foam product which contains, or is manufactured with, a class II substance,
(1) Including but not limited to household, industrial, automotive and pesticide uses,
(2) Except—
(i) Any foam insulation product, as defined in § 82.62(h); and
(ii) Integral skin foam utilized to provide for motor vehicle safety in accordance with Federal Motor Vehicle Safety Standards until January 1, 1996, after which date such products are identified as nonessential and may only be sold or distributed or offered for sale or distribution in interstate commerce in accordance with § 82.65(d).
§ 82.80   Purpose and scope.
(a) The purpose of this subpart is to require Federal departments, agencies, and instrumentalities to adopt procurement regulations which conform to the policies and requirements of title VI of the Clean Air Act as amended, and which maximize the substitution in Federal procurement of safe alternatives, as identified under section 612 of the Clean Air Act, for class I and class II substances.
(b) The regulations in this subpart apply to each department, agency, and instrumentality of the United States.
§ 82.82   Definitions.
(a) Class I substance means any substance designated as class I by EPA pursuant to 42 U.S.C. 7671(a), including but not limited to chlorofluorocarbons, halons, carbon tetrachloride and methyl chloroform.
(b) Class II substance means any substance designated as class II by EPA pursuant to 42 U.S.C. 7671(a), including but not limited to hydrochlorofluorocarbons.
(c) Controlled substance means a class I or class II ozone-depleting substance.
(d) Department, agency and instrumentality of the United States refers to any executive department, military department, or independent establishment within the meaning of 5 U.S.C. 101, 102, and 104(1), respectively, any wholly owned Government corporation, the United States Postal Service and Postal Rate Commission, and all parts of and establishments within the legislative and judicial branches of the United States.
§ 82.84   Requirements.
(a) No later than October 24, 1994, each department, agency and instrumentality of the United States shall conform its procurement regulations to the requirements and policies of title VI of the Clean Air Act, 42 U.S.C. 7671-7671g. Each such regulation shall provide, at a minimum, the following:
(1) That in place of class I or class II substances, or of products made with or containing such substances, safe alternatives identified under 42 U.S.C. 7671k (or products made with or containing such alternatives) shall be substituted to the maximum extent practicable. Substitution is not required for class II substances identified as safe alternatives under 42 U.S.C. 7671k, or for products made with or containing such substances, and such substances may be used as substitutes for other class I or class II substances.
(2) That, consistent with the phaseout schedules for ozone-depleting substances, no purchases shall be made of class II substances, or products containing class II substances, for the purpose of any use prohibited under 42 U.S.C. 7671d(c);
(3) That all active or new contracts involving the performance of any service or activity subject to 42 U.S.C. 7671g or 7671h or regulations promulgated thereunder include, or be modified to include, a condition requiring the contractor to ensure compliance with all requirements of those sections and regulations;
(4) That no purchases shall be made of products whose sale is prohibited under 42 U.S.C. 7671h, except when they will be used by persons certified under section 609 to service vehicles, and no purchase shall be made of nonessential products as defined under 42 U.S.C. 7671i;
(5) That proper labeling under 42 U.S.C. 7671j shall be a specification for the purchase of any product subject to that section.
(b) For agencies subject to the Federal Acquisition Regulation, 48 CFR part 1, amendment of the FAR, consistent with this subpart, shall satisfy the requirement of this section.
§ 82.86   Reporting requirements.
(a) No later than one year after October 22, 1993, each agency, department, and instrumentality of the United States shall certify to the Office of Management and Budget that its procurement regulations have been amended in accordance with this section.
(b) Certification by the General Services Administration that the Federal Acquisition Regulation has been amended in accordance with this section shall constitute adequate certification for purposes of all agencies subject to the Federal Acquisition Regulation.
§ 82.100   Purpose.
The purpose of this subpart is to require warning statements on containers of, and products containing or manufactured with, certain ozone-depleting substances, pursuant to section 611 of the Clean Air Act, as amended.