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Subpart QQ—Importers and Exporters of Fluorinated Greenhouse 

Gases Contained in Pre-Charged Equipment or Closed-Cell Foams

§ 98.430 Definition of the source category.

(a) The source category, importers and exporters of 

fluorinated GHGs contained in pre-charged equipment or closedcell foams, consists of any entity that imports or exports precharged equipment that contains a fluorinated GHG, and any 

entity that imports or exports closed-cell foams that contain a 

fluorinated GHG.

§ 98.431 Reporting threshold.

Any importer or exporter of fluorinated GHGs contained in 

pre-charged equipment or closed-cell foams who meets the 

requirements of §98.2(a)(4) must report each fluorinated GHG 

contained in the imported or exported pre-charged equipment or 

closed-cell foams.

§ 98.432 GHGs to report.

You must report the mass of each fluorinated GHG contained 

in pre-charged equipment or closed-cell foams that you import or 

export during the calendar year. For imports and exports of 

closed-cell foams where you do not know the identity and mass of 

the fluorinated GHG, you must report the mass of fluorinated GHG 

in CO2 e.

§ 98.433 Calculating GHG contained in pre-charged equipment or 

closed-cell foams.
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(a) The total mass of each fluorinated GHG imported and 

exported inside equipment or foams must be estimated using 

Equation QQ–1 of this section:

Where:

I = Total mass of the fluorinated GHG imported or 

exported annually (metric tons).

t = Equipment/foam type containing the fluorinated 

GHG.

St = Mass of fluorinated GHG per unit of equipment 

type t or foam type t (charge per piece of 

equipment, kg) or density of fluorinated GHG 

in foam (charge per cubic foot of foam, kg per 

cubic foot).

Nt = Number of units of equipment type t or foam 

type t imported or exported annually (pieces 

of equipment or cubic feet of foam).

0.001 = Factor converting kg to metric tons.

(b) When the identity and mass of fluorinated GHGs in a 

closed-cell foam is unknown to the importer or exporter, the 

total mass in CO2e for the fluorinated GHGs imported and exported 

inside closed-cell foams must be estimated using Equation QQ–2 

of this section:

Where:

I = Total mass in CO2e of the fluorinated GHGs 

imported or exported in close-cell foams 

annually (metric tons).

t = Equipment/foam type containing the fluorinated 

GHG.
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St = Mass in CO2e of the fluorinated GHGs per unit 

of equipment type t or foam type t (charge per 

piece of equipment, kg CO2e) or density of 

fluorinated GHG in foam (CO2e per cubic foot 

of foam, kg CO2e per cubic foot).

Nt = Number of units of equipment type t or foam 

type t imported or exported annually (pieces 

of equipment or cubic feet of foam).

0.001 = Factor converting kg to metric tons.

§ 98.434 Monitoring and QA/QC requirements.

(a) For calendar year 2011 monitoring, you may follow the 

provisions of §98.3(d)(1) through (d)(2) for best available 

monitoring methods rather than follow the monitoring 

requirements of this section. For purposes of this subpart, any 

reference in §98.3(d)(1) through (d)(2) to the year 2010 means

2011, to March 31 means June 30, and to April 1 means July 1. 

Any reference to the effective date or date of promulgation in 

§98.3(d)(1) through (d)(2) means February 28, 2011.

(b) The inputs to the annual submission must be reviewed 

against the import or export transaction records to ensure that 

the information submitted to EPA is being accurately transcribed 

as the correct chemical or blend in the correct pre-charged 

equipment or closed-cell foam in the correct quantities and 

units.

§ 98.435 Procedures for estimating missing data.

Procedures for estimating missing data are not provided for 

importers and exporters of fluorinated GHGs contained in pre-
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charged equipment or closed-cell foams. A complete record of all 

measured parameters used in tracking fluorinated GHGs contained 

in pre-charged equipment or closed-cell foams is required.

§ 98.436 Data reporting requirements.

(a) Each importer of fluorinated GHGs contained in precharged equipment or closed-cell foams must submit an annual 

report that summarizes its imports at the corporate level, 

except for transshipments, as specified:

(1) Total mass in metric tons of each fluorinated GHG 

imported in pre-charged equipment or closed-cell foams.

(2) For each type of pre-charged equipment with a unique 

combination of charge size and charge type, the identity of the 

fluorinated GHG used as a refrigerant or electrical insulator, 

charge size (holding charge, if applicable), and number 

imported.

(3) For closed-cell foams that are imported inside of 

equipment, the identity of the fluorinated GHG contained in the 

foam, the mass of the fluorinated GHG contained in the foam in 

each piece of equipment, and the number of pieces of equipment

imported with each unique combination of mass and identity of 

fluorinated GHG within the closed-cell foams.

(4) For closed cell-foams that are not imported inside of 

equipment, the identity of the fluorinated GHG in the foam, the 

density of the fluorinated GHG in the foam (kg fluorinated 
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GHG/cubic foot), and the volume of foam imported (cubic feet) 

for each type of closed-cell foam with a unique combination of 

fluorinated GHG density and identity.

(5) [Reserved]

(6) If the importer does not know the identity and mass of 

the fluorinated GHGs within the closed-cell foam, the importer 

must report the following:

(i) Total mass in metric tons of CO2e of the fluorinated 

GHGs imported in closed-cell foams.

(ii) For closed-cell foams that are imported inside of 

equipment, the mass of the fluorinated GHGs in CO2e contained in 

the foam in each piece of equipment and the number of pieces of 

equipment imported for each equipment type.

(iii) For closed-cell foams that are not imported inside of 

equipment, the density in CO2e of the fluorinated GHGs in the 

foam (kg CO2e/cubic foot) and the volume of foam imported (cubic 

feet) for each type of closed-cell foam.

(iv) [Reserved]

(v) Name of the foam manufacturer for each type of closedcell foam where the identity and mass of the fluorinated GHGs is 

unknown.

(vi) Certification that the importer was unable to obtain 

information on the identity and mass of the fluorinated GHGs 
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within the closed-cell foam from the closed-cell foam 

manufacturer or manufacturers.

(b) Each exporter of fluorinated GHGs contained in precharged equipment or closed-cell foams must submit an annual 

report that summarizes its exports at the corporate level, 

except for transshipments, as specified:

(1) Total mass in metric tons of each fluorinated GHG 

exported in pre-charged equipment or closed-cell foams.

(2) For each type of pre-charged equipment with a unique 

combination of charge size and charge type, the identity of the 

fluorinated GHG used as a refrigerant or electrical insulator, 

charge size (including holding charge, if applicable), and 

number exported.

(3) For closed-cell foams that are exported inside of 

equipment, the identity of the fluorinated GHG contained in the 

foam in each piece of equipment, the mass of the fluorinated GHG 

contained in the foam in each piece of equipment, and the number 

of pieces of equipment exported with each unique combination of 

mass and identity of fluorinated GHG within the closed-cell 

foams.

(4) For closed-cell foams that are not exported inside of 

equipment, the identity of the fluorinated GHG in the foam, the 

density of the fluorinated GHG in the foam (kg fluorinated 

GHG/cubic foot), and the volume of foam exported (cubic feet) 
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for each type of closed-cell foam with a unique combination of 

fluorinated GHG density and identity.

(5) [Reserved]

(6) If the exporter does not know the identity and mass of 

the fluorinated GHG within the closed-cell foam, the exporter 

must report the following:

(i) Total mass in metric tons of CO2e of the fluorinated 

GHGs exported in closed-cell foams.

(ii) For closed-cell foams that are exported inside of 

equipment, the mass of the fluorinated GHGs in CO2e contained in 

the foam in each piece of equipment and the number of pieces of 

equipment imported for each equipment type.

(iii) For closed-cell foams that are not exported inside of 

equipment, the density in CO2e of the fluorinated GHGs in the 

foam (kg CO2 e/cubic foot) and the volume of foam imported (cubic 

feet) for each type of closed-cell foam.

(iv) [Reserved]

(v) Name of the foam manufacturer for each type of closedcell foam where the identity and mass of the fluorinated GHGg is 

unknown.

(vi) Certification that the exporter was unable to obtain 

information on the identity and mass of the fluorinated GHGs 

within the closed-cell foam from the closed-cell foam 

manufacturer or manufacturers.
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§ 98.437 Records that must be retained.

(a) In addition to the data required by §98.3(g), importers 

of fluorinated GHGs in pre-charged equipment and closed-cell 

foams must retain the following records substantiating each of 

the imports that they report:

(1) A copy of the bill of lading for the import.

(2) The invoice for the import.

(3) The U.S. Customs entry form.

(4) Ports of entry through which the pre-charged equipment 

or closed-cell foams passed.

(5) Countries from which the pre-charged equipment or 

closed-cell foams were imported.

(6) For importers that report the mass of fluorinated GHGs 

within closed-cell foams on a CO2e basis, correspondence or other 

documents that show the importer was unable to obtain 

information on the identity and mass of fluorinated GHG within 

closed-cell foams from the foam manufacturer.

(b) In addition to the data required by §98.3(g), exporters 

of fluorinated GHGs in pre-charged equipment and closed-cell 

foams must retain the following records substantiating each of 

the exports that they report:

(1) A copy of the bill of lading for the export and

(2) The invoice for the export.
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(3) Ports of exit through which the pre-charged equipment 

or closed-cell foams passed.

(4) Countries to which the pre-charged equipment or closedcell foams were exported.

(5) For exporters that report the mass of fluorinated GHGs 

within closed-cell foams on a CO2e basis, correspondence or other 

documents that show the exporter was unable to obtain 

information on the identity and mass of fluorinated GHG within 

closed-cell foams from the foam manufacturer.

(c) For importers and exports of fluorinated GHGs inside 

pre-charged equipment and closed-cell foams, the GHG Monitoring 

Plans, as described in §98.3(g)(5), must be completed by April 

1, 2011.

(d) Persons who transship pre-charged equipment and closedcell foams containing fluorinated GHGs must maintain records 

that indicated that the pre-charged equipment or foam originated 

in a foreign country and was destined for another foreign 

country and did not enter into commerce in the United States.

§ 98.438 Definitions.

Except as provided in this section, all of the terms used 

in this subpart have the same meaning given in the Clean Air Act 

and subpart A of this part. If a conflict exists between a 

definition provided in this subpart and a definition provided in 
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subpart A, the definition in this subpart must take precedence 

for the reporting requirements in this subpart.

Appliance means any device which contains and uses a 

fluorinated greenhouse gas refrigerant and which is used for 

household or commercial purposes, including any air conditioner, 

refrigerator, chiller, or freezer.

Closed-cell foam means any foam product, excluding 

packaging foam, that is constructed with a closed-cell structure 

and a blowing agent containing a fluorinated GHG. Closed-cell 

foams include but are not limited to polyurethane (PU) foam 

contained in equipment, PU continuous and discontinuous panel 

foam, PU one component foam, PU spray foam, extruded polystyrene 

(XPS) boardstock foam, and XPS sheet foam. Packaging foam means

foam used exclusively during shipment or storage to temporarily

enclose items.

Electrical equipment means gas-insulated substations, 

circuit breakers, other switchgear, gas-insulated lines, or 

power transformers.

Fluorinated GHG refrigerant means, for purposes of this 

subpart, any substance consisting in part or whole of a 

fluorinated greenhouse gas and that is used for heat transfer 

purposes and provides a cooling effect.

Pre-charged appliance means any appliance charged with 

fluorinated greenhouse gas refrigerant prior to sale or 
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distribution or offer for sale or distribution in interstate 

commerce. This includes both appliances that contain the full 

charge necessary for operation and appliances that contain a 

partial “holding” charge of the fluorinated greenhouse gas 

refrigerant (e.g., for shipment purposes).

Pre-charged appliance component means any portion of an 

appliance, including but not limited to condensers, compressors, 

line sets, and coils, that is charged with fluorinated 

greenhouse gas refrigerant prior to sale or distribution or 

offer for sale or distribution in interstate commerce.

Pre-charged equipment means any pre-charged appliance, precharged appliance component, pre-charged electrical equipment, 

or pre-charged electrical equipment component.

Pre-charged electrical equipment means any electrical 

equipment, including but not limited to gas-insulated 

substations, circuit breakers, other switchgear, gas-insulated 

lines, or power transformers containing a fluorinated GHG prior 

to sale or distribution, or offer for sale or distribution in 

interstate commerce. This includes both equipment that contain 

the full charge necessary for operation and equipment that 

contain a partial “holding” charge of the fluorinated GHG (e.g., 

for shipment purposes).

Pre-charged electrical equipment component means any 

portion of electrical equipment that is charged with a 
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fluorinated greenhouse gas prior to sale or distribution or 

offer for sale or distribution in interstate commerce.