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 GHGs, 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 destroys fluorinated GHGs 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 any 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 with no storage of the intermediates, or the creation of fluorinated GHGs that are 

released or destroyed at the production facility before the production measurement at §98.414(a).

(c) To produce nitrous oxide means to produce nitrous oxide by thermally decomposing 

ammonium nitrate (NH4NO3). 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 manufacture, from any raw material or 

feedstock chemical, a fluorinated GHG used for temperature control, device testing, cleaning 

substrate surfaces and other parts, and soldering in processes, including but not limited to certain 
types 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 fluorinated greenhouse gas in § 98.6 shall not apply. Fluorinated heat transfer fluids 

include, but are not limited to, perfluoropolyethers, perfluoroalkanes, perfluoroethers, tertiary

perfluoroamines, and perfluorocyclic ethers. Producing a fluorinated HTF does not include the 

reuse or recycling of a fluorinated HTF, the creation of intermediates, or the creation of 

fluorinated HTFs that are released or destroyed at the production facility before the production 

measurement at § 98.414(a).

(e) For purposes of this subpart OO, to destroy fluorinated GHGs or fluorinated HTFs 

means to cause the expiration of a previously produced (as defined at § 98.410(b) and (d)) 

fluorinated GHG or fluorinated HTF to the destruction efficiency actually achieved. Such 

destruction does not result in a commercially useful end product. For purposes of this subpart 

OO, such destruction does not include HFC-23 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 systems 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 requirements 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, or 

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.

Pp = 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 oxide 

produced over the period “p” by using Equation OO-2 of this section:

Where:

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

(metric tons).

Op = Mass of fluorinated 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 

production 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 by using Equation OO-3 of this section:
Where:

T = Mass of fluorinated GHG, fluorinated HTF, or nitrous oxide transformed annually (metric 

tons).

FT = Mass of fluorinated GHG fed into the transformation process annually (metric tons).

ET = 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).

FD = Mass of fluorinated GHG or fluorinated HTF fed into the destruction device annually

(metric tons).

DE = Destruction efficiency of the destruction 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 density measurements with an accuracy and precision of one percent of full scale 

or better. If the measured mass includes more than one fluorinated GHG or fluorinated HTF, the 

concentrations of each of the fluorinated GHGs or fluorinated HTFs, other than lowconcentration 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 fluorinated 
GHG (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 any 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, 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 

mass in paragraph (a) of this section is measured by weighing containers that include returned 

heels as well as newly 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 density measurements with an accuracy and precision of one percent of full scale 

or 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 

permanently removed from the process and recovered, destroyed, or emitted.

(e) The mass of fluorinated GHGs, fluorinated HTFs, or nitrous oxide sent to another 

facility for transformation 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.
(f) The mass of fluorinated GHGs 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 includes 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 by-products 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 previously produced as defined at § 98.410(b). Such 

fluorinated GHGs or fluorinated HTFs 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. You must 

use 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 includes more 

than trace concentrations of materials other than the fluorinated GHG or fluorinated HTF being 

destroyed, you must estimate the concentrations of the fluorinated GHG or fluorinated HTF 

being destroyed considering current or previous representative concentration measurements and 
other relevant process information. You must multiply this concentration (mass fraction) by 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 because 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 equated 

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 destroy fluorinated GHGs or fluorinated HTFs shall account for any temporary

reductions in the destruction efficiency that result from any startups, shutdowns, 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 NIST-traceable standards and suitable methods 

published by a consensus standards organization (e.g., ASTM, ASME, ISO, 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 

fluorinated HTFs, other than low-concentration constituents, as follows:

(1) Analytical Methods. Use a quality-assured analytical measurement technology capable 

of detecting the analyte of interest at the concentration of interest and use a procedure validated

with the analyte of interest at the concentration of interest. Where 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 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 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) (incorporated by reference, see 

§98.7); ASTM D6348-03 Standard Test Method for Determination of Gaseous Compounds by

Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy (incorporated by

reference, see §98.7); or other analytical methods validated using EPA Method 301 in appendix 

A of 40 CFR part 63 or some other scientifically sound validation protocol. The validation 

protocol may include analytical technology manufacturer specifications or recommendations.

(2) Documentation in GHG Monitoring Plan. Describe the analytical 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 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.

(3) Frequency of measurement. Perform the measurements at least once by February 15, 

2011 if the fluorinated GHG product is being produced on December 17, 2010. Perform the 

measurements within 60 days of commencing production of any fluorinated GHG product that 

was not being produced on December 17, 2010. For fluorinated HTF products, perform the 

measurements at least once by 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 days of the operational or process change.

(4) Measure all product grades. 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 any of the fluorinated GHGs or fluorinated HTF

constituents (other than low-concentration constituents) is greater than or equal to 15 percent, 

draw and analyze enough additional samples to achieve a total of at least six samples of the 

fluorinated GHG or fluorinated HTF product.

(o) All analytical 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 type of analysis 

specified in the site GHG Monitoring Plan as required under §§98.414(n) and 98.3(g)(5) of this 

part. Quality assurance 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 

analytes of concern where available; if not available, calibration shall be performed by 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 required 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 

rendered 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 mass 
measurement is not available, the substitute value of the parameter shall 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 previously 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 by §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 byproducts or other wastes. Quantities to be reported under this paragraph (a)(6) could include, for 

example, fluorinated GHGs that are returned to the facility for reclamation but are found to be 

irretrievably 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 byproduct or other waste.

(8)-(9) [Reserved]

(10) Mass in metric tons of any 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 previously 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 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.

(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), by process.

(14) Names and addresses of facilities to which any nitrous oxide, fluorinated GHGs, or 

fluorinated HTFs were sent for transformation, 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, 2017 or within 60 days of commencing fluorinated GHG or fluorinated 

HTF destruction, whichever is later, any facility that destroys 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 previously 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 destroyed.

(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 regulations that may apply to the destruction 

process.

(6) If any 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 reflect the changes. The revised report must be submitted to EPA within 60 days 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 by 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 less 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 HTFs, 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 days of commencing fluorinated GHG production, 

whichever is later, a fluorinated GHG production facility shall submit a one-time report 

describing the following information:

(1) The method(s) by 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) by 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 destroyed 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 facility 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 or 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 to 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 constituents are exempt from the reporting requirements of this 

section.

(i) Each facility that destroys fluorinated GHGs or fluorinated HTFs but does not otherwise 

report under this section shall report the 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) 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 irretrievably 

contaminated and are therefore destroyed.

(j) By March 31, 2017, all fluorinated HTF production facilities shall submit a one-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 commences 
production 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 

revised 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 by §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 calibration of the analytical 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 industry 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, by process.

(4) Dated records of the total mass in metric tons of the reactants, by-products, and other 

wastes permanently removed from the F-GHG or nitrous oxide production process, by process.

(b) In addition to the data required by paragraph (a) of this section, any fluorinated GHG 

production facility that destroys fluorinated 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 by §98.3(g), the bulk importer shall 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.

(d) In addition to the data required by §98.3(g), the bulk exporter shall 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.

(e) Every person who imports a container with a heel that is not reported under §98.416(c) 

shall keep records 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-concentration 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 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 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 usually a product of chemical synthesis. Storage of an 

isolated intermediate marks the end of a process. Storage occurs at any 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 by 

mass. For purposes of fluorinated GHG or fluorinated HTF import, low-concentration 

constituent means a fluorinated GHG or fluorinated HTF constituent of a fluorinated GHG or 

fluorinated HTF product that occurs in the product in concentrations below 0.5 percent by mass. 

Low-concentration constituents do not include fluorinated GHGs or fluorinated HTFs that are 

deliberately combined with the product (e.g., to affect the performance characteristics of the 

product).