**Subpart OO**

**— Suppliers of Industrial Greenhouse Gases** 

**§98.410 Definition of the source category.**  (a) The industrial gas supplier source category consists of any

facility that produces fluorinated GHG s, fluorinated HTFs, or nitrous oxide ; any bulk importer of fluorinated GHGs , fluorinated HTFs, or nitrous oxide ; any bulk exporter of fluorinated GHGs , fluorinated HTFs, or nitrous oxide ; and any

facility that destro ys fluorinated GH Gs or fluorinated HTFs

. (b) To produce a fluorinated GHG means to manufacture a fluorinated GHG from any raw material or feedstock chemical. Producing a fluorinated GHG includes the manufacture of a fluorinated GHG as an isolated intermediate for use in a process that will result in its transformation either at or outside of the production facility . Producing a fluorinated GHG also includes the creation of a fluorinated GHG (with the exception of HFC

- 23) that is captured and shipped off site for an y reason, including destruction. Producing a fluorinated GHG does not include the reuse or recycling of a fluorinated GHG, the creation of HFC

- 23 during the production of HCFC

- 22, the creation of intermediates that are created and transformed in a single process wi th no storage of the intermediates, or the creation of fluorinated GHGs that are released or destro ye d at the production facility before the production measurement at §98.414(a). (c) To produce nitrous oxide means to produce nitrous oxide by thermally

deco mposing ammonium nitrate (NH 4NO 3 ). Producing nitrous oxide does not include the reuse or recycling of nitrous oxide or the creation of by

- products that are released or destroyed at the production facility

. (d) To produce a fluorinated HTF means to manufact ure , from an y raw material or feedstock chemical, a fluorinated GHG use d for temperature control, device testing, cleaning substrate surfaces and other parts, and soldering in processes , including but not limited to certainty

pes of electronics manufacturing production processes. Fluorinated heat transfer fluids do not include fluorinated GHGs used as lubricants or surfactants. For fluorinated heat transfer fluids under this subpart OO , the lower vapor pressure limit of 1 mm Hg in absolute at 25 °C in the definition of f

luorinated greenhouse gas in § 98.6 shall not apply . Fluorinated heat transfer fluids include, but are not limited to, perfluoropol yethers, perfluoroalkanes, perfluoroethers, tertiary perfluoroamines, and perfluorocyclic ethers. Producing a fluorinated HTF does not include the
reuse o r recycling of a fluorinated HTF , the creation of intermediates, or the creation of fluorinated HTFs that are released or destro ye d at the production facility before the production measurement at § 98.414(a). (e ) For purposes of this subpart OO, to destro y fluorinated GHGs or fluorinated HTFs means to cause the expiration of a previousl y produced (as def ined at § 98.410(b) and (d)) fluorinated GHG or fluorinated HTF to the destruction efficiency actuall y achieved. Such destruction does not result in a commerciall y useful end product

. For purposes of this subpart OO, such destruction does not include HFC

- 2 3 destruction as defined at § 98.150 or the dissociation of fluorinated GHGs that occurs during electronics manufacturing as defined at § 98.90

. For example, such destruction does not include the dissociation of fluorinated GHGs that occurs during etch or chamber cleaning processes or during use of abatement sy stems that treat the fluorinated GHGs vented from such processes at electronics manufacturing facilities

. **§98.411 Reporting threshold.**  Any supplier of industrial greenhouse gases who meets the requi rements of §98.2(a)(4) must report GHG emissions. **§98.412 GHGs to report.** You must report the GHG emissions that would result from the release of the nitrous oxide

and each fluorinated GHG or fluorinated HTF that you produce, import, export, transform, o r destroy during the calendar year. **§98.413 Calculating GHG emissions.**  (a) Calculate the total mass of each fluorinated GHG, fluorinated HTF, or nitrous oxide produced annually , except for amounts that are captured solely to be shipped off site for destruction, by

using Equation OO

- 1 of this section:

P = Mass of fluorinated GHG, fluorinated HTF, or nitrous oxide produced annually

. P p = Mass of fluorinated GHG, fluorinated HTF, or nitrous oxide produced over the period “p”. (b) Calculate the total mass of each fluorinated GHG, fluorinated HTF, or nitrous ox ide produced over the period “p” b y using Equation OO

- 2 of this section:

Where: P p = Mass of fluorinated GHG, fluorinated HTF, or nitrous oxide produced over the period “p”

(metric tons). O p = Mass of f

luorinated GHG, fluorinated HTF, or nitrous oxide that is measured coming out of the production process over the period p (metric tons). Up = Mass of used fluorinated GHG, fluorinated HTF, or nitrous oxide that is added to the pro duction process upstream of the output measurement over the period “p” (metric tons). (c) Calculate the total mass of each fluorinated GHG, fluorinated HTF, or nitrous oxide transformed b y using Equation OO

- 3 of this section:Wh ere:

T = Mass of fluorinated GHG, fluorinated HTF, or nitrous oxide transformed annuall y (metric tons). F T = Mass of fluorinated GHG fed into the transformation process annually (metric tons). E T = The fraction of the fluorinated GHG, fluorinated HTF, or nitrous oxide fed into the transformation process that is transformed in the process (metric tons). (d) Calculate the total mass of each fluorinated GHG or fluorinated HTF destroyed by using Equation OO

- 4 of this section:

Where: D = Mass of fluorinated GHG or fluorinated HTF destroyed annually (metric tons). F D = Mass of fluorinated GHG or fluorinated HTF fed into the destruction device annually

(metric tons). DE = Destruction efficiency of the destructio n device (fraction). **§98.414 Monitoring and QA/QC requirements.**  (a) The mass of fluorinated GHGs , fluorinated HTFs, or nitrous oxide coming out of the production process shall be measured using flowmeters, weigh scales, or a combination of volumetric and densit y measurements with an accuracy and precision of one percent of full scale or better. If the measured mass inc ludes more than one fluorinated GHG or fluorinated HTF , the concentrations of each of the fluorinated GHGs or fluorinated HTFs , other than low

concentration constituents, shall be measured as set forth in paragraph (n) of this section. For each fluorinated GHG or fluorinated HTF , the mean of the concentrations of that fluorinatedGHG (mass fraction) measured under paragraph (n) of this section shall be multiplied by the mass measurement to obtain the mass of that fluorinated GHG or fluorinated HTF coming out of the production process. (b) The mass of an y used fluorinated GHGs , fluorinated HTFs, or used nitrous oxide added back into the production process upstream of the output measurement in paragraph (a) of this section shall be measured using flowmeters, w eigh scales, or a combination of volumetric and density measurements with an accuracy and precision of one percent of full scale or better. If the mass in paragraph (a) of this section is measured by weighing containers that include returned heels as well as newl y produced fluorinated GHGs or fluorinated HTFs , the returned heels shall be considered used fluorinated GHGs or fluorinated HTFs for purposes of this paragraph (b) of this section and § 98.413(b). (c) The mass of fluorinated GHGs, fluorinated HTFs, or nitrous oxide fed into the transformation process shall be measured using flowmeters, weigh scales, or a combination of volumetric and densit y measurements with an accuracy and precision of one percent of full scale
o r better. (d) The fraction of the fluorinated GHGs, fluorinated HTFs, or nitrous oxide fed into the transformation process that is actually transformed shall be estimated considering yield calculations or quantities of unreacted fluorinated GHGs, fluorinated HTFs, or nitrous oxide permanentl y removed from the process and recovered, destro yed , or emitted. (e) The mass of fluorinated GHG s , fluorinated HTF s , or nitrous oxide sent t o another facility for transformation shall be measured using flowmeters, weigh scales, or a combination of volumetric and densit y measurements with an accuracy and precision of one percent of full scale or better.(f) The mass of fluorinated GHG s or fluorinated HTFs sent to another facility for destruction shall be measured using flowmeters, weigh scales, or a combination of volumetric and density

measurements with an accuracy and precision of one percent of full scale or better. If the measured mass inclu des more than trace concentrations of materials other than the fluorinated GHG or fluorinated HTF , the concentration of the fluorinated GHG or fluorinated HTF shall be estimated considering current or previous representative concentration measurements and other relevant process information. This concentration (mass fraction) shall be multiplied by

the mass measurement to obtain the mass of the fluorinated GHG or fluorinated HTF sent to another facility for destruction. (g) You must estimate the share of the mass of fluorinated GHGs or fluorinated HTFs in paragraph (f) of this section that is comprised of fluorinated GHGs or fluorinated HTFs that are not included in the mass produced in § 98.413(a) because they are removed from the production process as b y - pr oducts or other wastes. (h) You must measure the mass of each fluorinated GHG or fluorinated HTF that is fed into the destruction device and that was previousl y produced as defined at § 98.410(b). Such fluorinated GHGs or fluorinated HTFs include but are n ot limited to quantities that are shipped to the facility

by another facility

for destruction and quantities that are returned to the facilit y for reclamation but are found to be irretrievably contaminated and are therefore destroyed. You must use flowmete rs, weigh scales, or a combination of volumetric and densit y measurements with an accuracy and precision of one percent of full scale or better. If the measured mass includes more than trace concentrations of materials other than the fluorinated GHG or flu orinated HTF being destroyed, you must estimate the concentrations of the fluorinated GHG or fluorinated HTF being destro yed considering current or previous representative concentration measurements andother relevant process information. You must multiply this concentration (mass fraction) b y the

mass measurement to obtain the mass of the fluorinated GHG or fluorinated HTF fed into the destruction device. (i) Very small quantities of fluorinated GHGs or fluorinated HTFs that are difficult to measure becaus e they

are entrained in other media such as destroyed filters and destroyed sample containers are exempt from paragraphs (f) and (h) of this section. (j) [Reserved] (k) For purposes of Equation OO

- 4 of this subpart, the destruction efficiency can be equate d to the destruction efficiency determined during a previous performance test of the destruction device or, if no performance test has been done, the destruction efficiency provided by

the manufacturer of the destruction device. (l) In their estimates of the mass of fluorinated GHGs or fluorinated HTFs destroyed, facilities that destro y fluorinated GHGs or fluorinated HTFs shall account for any temporary reductions in the destruction efficiency that result from any

startups, shutd owns, or malfunctions of the destruction device, including departures from the operating conditions defined in state or local permitting requirements and/or oxidizer manufacturer specifications. (m) Calibrate all flow meters, weigh scales, and combinations of volumetric and density measures that are used to measure or calculate quantities that are to be reported under this subpart prior to the first year for which GHG emissions are reported under this part. Calibrations performed prior to the effective date of this rule satisfy this requirement. Recalibrate all flow meters, weigh scales, and combinations of volumetric and density measures at the minimum frequency specified by

the manufacturer. Use NI ST

- traceable standards and suitable methods published by

a consensus standards organization (e.g., ASTM, ASME, I SO, or others).(n) If the mass coming out of the production process includes more than one fluorinated

GHG or fluorinated HTF , you shall measure the concentrations of all of the fluorinated GHGs or fluo rinated HTFs , other than low

- concentration constituents, as follows: (1) Analytical Methods. Use a qualit y - assured analy tical measurement technology capable of detecting the anal yt e of interest at the concentration of interest and use a procedure validated with the anal yt e of interest at the concentration of interest. Where standards for the analy te are not available, a chemically similar surrogate may

be used. Acceptable anal yt ical 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 include EPA Method 18 in appendix A

- 1 of 40 CFR part 60; EPA Method 320 in appendix A of 40 CFR part 63; the Proto col 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) (incorporated by reference, see §98.7); ASTM D6348

- 03 Standard Test Method f or Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy (incorporated by reference, see §98.7); or other anal yt ical methods validated using EPA Method 301 in appendix A of 40 CFR part 63 or some o ther scientifically sound validation protocol. The validation protocol may

include analy

tical technology

manufacturer specifications or recommendations. (2) Documentation in GHG Monitoring Plan. Describe the anal yt ical method(s) used under paragraph (n)(1) of this section in the site GHG Monitoring Plan as required under §98.3(g)(5). At a minimum, include in the description of the method a description of the anal yt ical measurement equipment and procedures, quantitative estimates of the method's accuracy andprecision for the anal yt es 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. (3) Frequency of measurement. Perform the measurements at lea st once by February 15, 2011 if the fluorinated GHG product is being produced on December 17, 2010. Perform the measurements within 60 day s of commencing production of any fluorinated GHG product that was not being produced on December 17, 2010. For fluori nated HTF products, perform the measurements at least once b y February 15, 2017, if the fluorinated HTF product is being produced on January

1, 2017. Repeat the measurements if an operational or process change occurs that could change the identities or significantly change the concentrations of the fluorinated GHG or fluorinated HTF constituents of the fluorinated GHG or fluorinated HTF product. Complete the repeat measurements within 60 day s of the operational or process change. (4) Measure all product gra des. Where a fluorinated GHG or fluorinated HTF is produced at more than one purity

level ( e.g., pharmaceutical grade and refrigerant grade), perform the measurements for each purity level. (5) Number of samples. Analyze a minimum of three samples of the fluorinated GHGs or fluorinated HTF product that have been drawn under conditions that are representative of the process producing the fluorinated GHGs or fluorinated HTF product. If the relative standard deviation of the measured concentrations of an y of the fluorinated GHGs or fluorinated HTF constituents (other than low

- concentration constituents) is greater than or equal to 15 percent, draw and anal yz e enough additio nal samples to achieve a total of at least six samples of the fluorinated GHG or fluorinated HTF product. (o) All anal yt ical equipment used to determine the concentration of fluorinated GHGs or fluorinated HTFs , including but not limited to gas chromatographs and associated detectors, IR,FTIR and NMR devices, shall be calibrated at a frequency needed to support the ty

pe of analy sis specified in the site GHG Monitoring Plan as required under §§98.414(n) and 98.3(g)(5) of this part. Quality

as surance samples at the concentrations of concern shall be used for the calibration. Such quality

assurance samples shall consist of or be prepared from certified standards of the anal yt es of concern where available; if not available, calibration shall be p erformed b y a method specified in the GHG Monitoring Plan. (p) Isolated intermediates that are produced and transformed at the same facility are exempt from the monitoring requirements of this section. (q) Low

- concentration constituents are exempt from the monitoring and QA/QC requirements of this section. **§98.415 Procedures for estimating missing data.**  (a) A complete record of all measured parameters used in the GHG emissions calculations is required. Therefore, whenever a quality

- assured value of a requ ired parameter is unavailable (e.g., if a meter malfunctions), a substitute data value for the missing parameter shall be used in the calculations, according to paragraph (b) of this section. (b) For each missing value of the mass produced, fed into the production process (for used material being reclaimed), fed into the transformation process, fed into destruction devices, sent to another facility

for transformation, or sent to another facility for destruction, the substitute value of that parameter shall be a secondary mass measurement where such a measurement is available. For example, if the mass produced is usually measured with a flowmeter at the inlet to the day tank and that flowmeter fails to meet an accuracy or precision test, malfunctions, or is

r endered inoperable, then the mass produced may be estimated by

calculating the change in volume in the day

tank and multiplying it by the density

of the product. Where a secondary massmeasurement is not available, the substitute value of the parameter sha ll be an estimate based on

a related parameter. For example, if a flowmeter measuring the mass fed into a destruction device is rendered inoperable, then the mass fed into the destruction device may be estimated using the production rate and the previousl y observed relationship between the production rate and the mass flow rate into the destruction device. **§98.416 Data reporting requirements.**  In addition to the information required b y §98.3(c), each annual report must contain the following information: (a) Each fluorinated GHG , fluorinated HTF, or nitrous oxide production facility shall report the following information: (1) Mass in metric tons of each fluorinated GHG , fluorinated HTF, or nitrous oxide produced at that facility

by process, except for amounts that are captured solely to be shipped off site for destruction. (2) Mass in metric tons of each fluorinated GHG , fluorinated HTF, or nitrous oxide transformed at that facility , by process. (3) Mass in metric tons of each fluorinated GHG or fluorinated HTF that is destroyed at that facility and that was previously

produced as defined at § 98.410(b). Quantities to be reported under this paragraph (a)(3) of this section 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. (4) [Reserved](5) Total mass in metric tons of each fluorinated GHG, fluorinated HTF, or nitrous oxide

sent to another facility

for transformation. (6) Total mass in metric tons of each fluorinated GHG or fluorinated HTF sent to another facility for destruction, except fluorinated GHGs and fluorinated HTFs that are not included in the mass produced in § 98.413(a) because they are removed from the production process as by

products or other wastes. Quantities to be repor ted under this paragraph (a)(6) could include, for example, fluorinated GHGs that are returned to the facility for reclamation but are found to be irretrievabl y contaminated and are therefore sent to another facility for destruction. (7) Total mass in metric tons of each fluorinated GHG or fluorinated HTF that is sent to another facility

for destruction and that is not included in the mass produced in § 98.413(a) because it is removed from the production process as a b yproduct or other waste. (8)

- (9) [Reserved] (10) Mass in metric tons of an y fluorinated GHG, fluorinated HTF, or nitrous oxide fed into the transformation process, by process. (11) Mass in metric tons of each fluorinated GHG or fluorinated HTF that is fed into the destruction device and that was previousl y produced as defined at § 98.410(b). Quantities to be reported under this paragraph (a)(11) of this section include but are not limited to quantities that are shipped to the facility by an other facility

for destruction and quantities that are returned to the facility for reclamation but are found to be irretrievably contaminated and are therefore destroyed. (12) Mass in metric tons of each fluorinated GHG, fluorinated HTF, or nitrous oxide that is measured coming out of the production process, by process.(13) Mass in metric tons of each used fluorinated GHGs, fluorinated HTFs, or nitrous oxide

added back into the production process (e.g., for reclamation), including returned heels in containers that are weighed to measure the mass in § 98.414(a), b y process. (14) Names and addresses of facilities to which any nitrous oxide , fluorinated GHGs , or fluorinated HTFs were sent for transformat ion, and the quantities (metric tons) of nitrous oxide and of each fluorinated GHG or fluorinated HTF that were sent to each for transformation. (15) Names and addresses of facilities to which any fluorinated GHGs or fluorinated HTFs were sent for destruction, and the quantities (metric tons) of each fluorinated GHG or fluorinated HTF that were sent to each for destruction. (16) Where missing data have been estimated pursuant to § 98.415, the reason the data were missing , the length of time the data were missing, the method used to estimate the missing data, and the estimates of those data. (b) By March 31, 201 7 or within 60 day s of commencing fluorinated GHG or fluorinated HTF destruction, whichever is later, any facility that destro ys fluorinated GHGs or fluorinated HTFs shall submit a one

- time report containing the information in paragraphs (b)(1) through (b)(6) of this section for each destruction process

. Facilities that previousl y submitted a one

- time report under this paragraph are exempt from this requirement unless they meet the conditions in paragraph (b)(6) of this section

. (1) Destruction efficiency (DE). (2) Methods used to determine the destruction efficiency

. (3) Methods used to record the mass of fluorinated GHG or fluorinated HTF destro yed. (4) Chemical identity

of the fluorinated GHG(s) used in the performance test conducted to determine DE.(5) Name of all applicable federal or state regulat ions that may appl y to the destruction process. (6) If an y process changes affect unit destruction efficiency or the methods used to record mass of fluorinated GHG or fluorinated HTF destroyed, then a revised report must be submitted to refl ect the changes. The revised report must be submitted to EPA within 60 day s of the change. (c) Each bulk importer of fluorinated GHGs, fluorinated HTFs, or nitrous oxide shall submit an annual report that summarizes its imports at the corporate level, except for shipments including less than twenty

- five kilograms of fluorinated GHGs, fluorinated HTFs, or nitrous oxide, transshipments, and heels that meet the conditions set forth at § 98.417(e). The report shall contain the following information for each import: (1) Total mass in metric tons of nitrous oxide and each fluorinated GHG or fluorinated HTF imported in bulk, including each fluorinated GHG or fluorinated HTF constituent of the fluorinated GHG or fluorinated HTF product that makes up between 0.5 percent and 100 percent of the product b y mass. (2) Total mass in metric tons of nitrous oxide and each fluorinated GHG or fluorinated HTF imported in bulk and sold or transferred to persons other than the importer for use in processes resulting in the transformation or destruction of the chemical. (3) Date on which the fluorinated GHGs, fluorinated HTFs, or nitrous oxide were imported. (4) Port of entry

through which the fluorinated GHGs, fluorinated HTFs, or nitrous oxide passed. (5) Country

from which the imported fluorinated GHGs, fluorinated HTFs, or nitrous oxide were imported.(6) Commodity code of the fluorinated GHGs, fluorinated HTFs, or nitrous oxide shipped. (7) Importer number for the shipment. (8) Total mass in metric tons of each fluorinated GHG or fluorinated HTF destroyed by the importer. (9) If applicable, the names and addresses of the persons and facilities to which the nitrous oxide , fluorinated GHGs , or fluorinated HTFs were sold or transferred for transformation, and the quantities (metric tons) of nitrous oxide and of each fluorinated GHG or fluorinated HTF that were sold or transferred to each facility for transformation. (10) If applicable, the names and addresses of the persons and facilities to which the fluorinated GHGs or fluorinated HTFs were sold or transferred for destruction, and the quantities (metric tons) of each fluorinated GHG or fluorinated HTF that were sold or transferred to each facility for destruction. (d) Each bulk exporter of fluorinated GHGs, fluorinated HTFs, or nitrous oxide shall submit an annual report that summarizes its exports at the corporate level, except for shipments including les s than twenty

- five kilograms of fluorinated GHGs, fluorinated HTFs, or nitrous oxide, transshipments, and heels. The report shall contain the following information for each export: (1) Total mass in metric tons of nitrous oxide and each fluorinated GHG or fluorinated HTF exported in bulk. (2) Names and addresses of the exporter and the recipient of the exports. (3) Exporter's Employee Identification Number. (4) Commodity

code of the fluorinated GHGs, fluorinated HTF s , or nitrous oxide shipped.(5) Date on which, and the port from which, the fluorinated GHGs , fluorinated HTFs, or

nitrous oxide were exported from the United States or its territories. (6) Country

to which the fluorinated GHGs, fluorinated HTFs, or nitrous oxide were exported. (e) By March 31, 2011, or within 60 day s of commencing fluorinated GHG production, whichever is later, a fluorinated GHG production facility shall submit a one

- time report describin g the following information: (1) The method(s) b y which the producer in practice measures the mass of fluorinated GHGs produced, including the instrumentation used (Coriolis flowmeter, other flowmeter, weigh scale, etc.) and its accuracy and precision. (2) The method(s) by

which the producer in practice estimates the mass of fluorinated GHGs fed into the transformation process, including the instrumentation used (Coriolis flowmeter, other flowmeter, weigh scale, etc.) and its accuracy and precision. (3) The method(s) by

which the producer in practice estimates the fraction of fluorinated GHGs fed into the transformation process that is actually transformed, and the estimated precision and accuracy

of this estimate. (4) The method(s) b y which the producer in practice estimates the masses of fluorinated GHGs fed into the destruction device, including the method(s) used to estimate the concentration of the fluorinated GHGs in the destroy ed material, and the estimated precision and accuracy of this estimate. (5) The estimated percent efficiency of each production process for the fluorinated GHG produced.(f) By March 31, 2011, all fluorinated GHG production facilities shall submit a one

- time report that includes the concentration of each fluorinated GHG constituent in each fluorinated GHG product as measured under §98.414(n). If the facilit y commences production of a fluorinated GHG product that was not included in the initial report or performs a repeat measurement under §98.414(n) that shows that the identities o r concentrations of the fluorinated GHG constituents of a fluorinated GHG product have changed, then the new or changed concentrations, as well as the date of the change, must be reflected in a revision to the report. The revised report must be submitted t o EPA by the March 31st that immediately follows the measurement under §98.414(n). (g) Isolated intermediates that are produced and transformed at the same facility are exempt from the reporting requirements of this section. (h) Low

- concentration constitue nts are exempt from the reporting requirements of this section. (i) Each facility

that destroy s fluorinated GHG s or fluorinated HTFs but does not otherwise report under this section shall report the m ass in metric tons of each fluorinated GHG or fluorinate d HTF that is destroyed at that facility and that was previousl y produced as defined at § 98.410(b) or (d), as applicable . Quantities to be reported under this paragraph ( i ) 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 irretrievabl y contaminated and are therefore destro yed. (j) By March 31, 201 7 , all fluorinated HTF production facilities shall submit a on e - time report that includes the concentration of each fluorinated HTF or fluorinated GHG constituent in each fluorinated HTF product as measured under § 98.414(n). If the facility commencesproduction of a fluorinated HTF product that was not included in the initial report or performs a

repeat measurement under § 98.414(n) that shows that the identities or concentrations of the fluorinated HTF or fluorinated GHG constituents of a fluorinated HTF product have changed, then the new or changed concentrations, as well as the date of the change, must be provided in a revis ed report. The revised report must be submitted to EPA by the March 31st that immediately follows the new or repeat measurement under § 98.414(n).
**§98.417 Records that must be retained.**  (a) In addition to the data required b y §98.3(g), the fluorinated GHG production facility shall retain the following records: (1) Dated records of the data used to estimate the data reported under §98.416. (2) Records documenting the initial and periodic calib ration of the analy tical equipment (including but not limited to GC, IR, FTIR, or NMR), weigh scales, flowmeters, and volumetric and density

measures used to measure the quantities reported under this subpart, including the manufacturer directions or indus try standards used for calibration pursuant to §98.414(m) and (o). (3) Dated records of the total mass in metric tons of each reactant fed into the F

- GHG or nitrous oxide production process, b y process. (4) Dated records of the total mass in metric tons of the reactants, b y - products, and other wastes permanently

removed from the F

- GHG or nitrous oxide production process, by process. (b) In addition to the data required b y paragraph (a) of this section, an y fluorinated GHG production facilit y that destroys f luorinated GHGs shall keep records of test reports and other information documenting the facility 's one

- time destruction efficiency report in §98.416(b).(c) In addition to the data required b y §98.3(g), the bulk importer shall retain the following

records substantiating each of the imports that they report: (1) A cop y of the bill of lading for the import. (2) The invoice for the import. (3) The U.S. Customs entry form. (d) In addition to the data required b y §98.3(g), the bulk exporter shall retain the fol lowing records substantiating each of the exports that they report: (1) A cop y of the bill of lading for the export and (2) The invoice for the export. (e) Every person who imports a container with a heel that is not reported under §98.416(c) shall keep re cords of the amount brought into the United States that document that the residual amount in each shipment is less than 10 percent of the volume of the container and will: (1) Remain in the container and be included in a future shipment. (2) Be recovered and transformed. (3) Be recovered and destroyed. (4) Be recovered and included in a future shipment. (f) Isolated intermediates that are produced and transformed at the same facility are exempt from the recordkeeping requirements of this section. (g) Low

- co ncentration constituents are exempt from the recordkeeping requirements of this section. [74 FR 56374, Oct. 30, 2009, as amended at 75 FR 79168, Dec. 17, 2010; 76 FR 73905, Nov. 29, 2011] **§98.418 Definitions.** Except as provided below, all of the terms us ed 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 subpart A, the definition in this subpart shall take precedence for the reporting requirements in this subpart. Isolated intermediate means a product of a process that is stored before subsequent processing. An isolated intermediate is usuall y a product of chemical s ynthesis. Storage of an isolated intermediate marks the end of a process. Storage occurs at an y time the intermediate is placed in equipment used solely for storage. Low

- concentration constituent means, for purposes of fluorinated GHG or fluorinated HTF production and export, a fluorinated GHG or fluorinated HTF constituent of a fluorinated GHG or fluorinated HTF product that occurs in the product in concentrations below 0.1 percent b y mass. For purposes of fluorinated GHG or fluorinated HTF import, low

- concentration constituent means a fluorinated GHG or flu orinated HT F constituent of a fluorinated GHG or fluorinated HTF product that occurs in the product in concentrations below 0.5 percent b y mass. Low
- concentration constituents do not include fluorinated GHGs or fluorinated HTFs that are deliberatel y combin ed with the product ( e.g., to affect the performance characteristics of the product).