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Electronic Code of Federal Regulations

e-CFR data is current as of November 13, 2019

Title 40Chapter ISubchapter CPart 98Subpart L → §98.126


Title 40: Protection of Environment
PART 98—MANDATORY GREENHOUSE GAS REPORTING
Subpart L—Fluorinated Gas Production


§98.126   Data reporting requirements.

(a) All facilities. In addition to the information required by §98.3(c), you must report the information in paragraphs (a)(2) through (6) of this section according to the schedule in paragraph (a)(1) of this section, except as otherwise provided in paragraph (j) of this section or in §98.3(c)(4)(vii) and Table A-7 of subpart A of this part.

(1) Frequency of reporting under paragraph (a) of this section. The information in paragraphs (a)(2) through (6) of this section must be reported annually.

(2) Generically-identified process. For each production and transformation process at the facility, you must:

(i) Provide a number, letter, or other identifier for the process. This identifier must be consistent from year to year.

(ii) Indicate whether the process is a fluorinated gas production process, a fluorinated gas transformation process where no fluorinated GHG reactant is produced at another facility, or a fluorinated gas transformation process where one or more fluorinated GHG reactants are produced at another facility.

(iii) Indicate whether the process could be characterized as reaction, distillation, or packaging (include all that apply).

(iv) For each generically-identified process and each fluorinated GHG group, report the method(s) used to determine the mass emissions of that fluorinated GHG group from that process from vents (i.e., mass balance (for reporting years 2011, 2012, 2013, and 2014 only), process-vent-specific emission factor, or process-vent-specific emission calculation factor).

(v) For each generically-identified process and each fluorinated GHG group, report the method(s) used to determine the mass emissions of that fluorinated GHG group from that process from equipment leaks, unless you used the mass balance method (for reporting years 2011, 2012, 2013, and 2014 only) for that process.

(3) Emissions from production and transformation processes, process level, multiple products. If your facility produces more than one fluorinated gas product, for each generically-identified process and each fluorinated GHG group, you must report the total GWP-weighted emissions of all fluorinated GHGs in that group from the process, in metric tons CO2e.

(4) Emissions from production and transformation processes, facility level, multiple products. If your facility produces more than one fluorinated gas product, you must report the information in paragraphs (a)(4)(i) and (ii) of this section, as applicable, for emissions from production and transformation processes.

(i) For each fluorinated GHG with emissions of 1,000 metric tons of CO2e or more from production and transformation processes, summed across the facility as a whole, you must report the total mass in metric tons of the fluorinated GHG emitted from production and transformation processes, summed across the facility as a whole. If the fluorinated GHG does not have a chemical-specific GWP in Table A-1 of subpart A, identify the fluorinated GHG group of which that fluorinated GHG is a member.

(ii) For all other fluorinated GHGs emitted from production and transformation processes, you must report the total GWP-weighted emissions from production and transformation processes of those fluorinated GHGs by fluorinated GHG group, summed across the facility as a whole, in metric tons of CO2e.

(5) Emissions from production and transformation processes, facility level, one product only. If your facility produces only one fluorinated gas product, aggregate and report the total GWP-weighted emissions from production and transformation processes of fluorinated GHGs by fluorinated GHG group for the facility as a whole, in metric tons of CO2e, with the following exception: Where emissions consist of a major fluorinated GHG constituent of a fluorinated gas product, and the product is sold or transferred to another person, report the total mass in metric tons of each fluorinated GHG that is emitted from production and transformation processes and that is a major fluorinated GHG constituent of the product. If the fluorinated GHG does not have a chemical-specific GWP in Table A-1 of subpart A, identify the fluorinated GHG group of which that fluorinated GHG is a member.

(6) Effective destruction efficiency. For each generically-identified process, use Table L-1 of this subpart to report the range that encompasses the effective destruction efficiency, DEeffective, calculated for that process using Equation L-35 of this subpart. The effective destruction efficiency must be reported on a CO2e basis.

(b) Reporting for mass balance method for reporting years 2011, 2012, 2013, and 2014. If you used the mass balance method to calculate emissions for any of the reporting years 2011, 2012, 2013, or 2014, you must conduct mass balance reporting for that reporting year. For processes whose emissions were determined using the mass balance method under the former §98.123(b), as included in paragraph 1 of Appendix A of this subpart, you must report the information listed in paragraphs (b)(1) and (b)(2) of this section for each process on an annual basis.

(1) If you calculated the relative and absolute errors under the former §98.123(b)(1), the overall absolute and relative errors calculated for the process under the former §98.123(b)(1), in metric tons CO2e and decimal fraction, respectively.

(2) The method used to estimate the total mass of fluorine in destroyed or recaptured streams (specify the former §98.123(b)(4) or (15), as included in paragraph 1 of Appendix A of this subpart).

(c) Reporting for emission factor and emission calculation factor approach. For processes whose emissions are determined using the emission factor approach under §98.123(c)(3) or the emission calculation factor under §98.123(c)(4), you must report the following for each generically-identified process.

(1) [Reserved]

(2) [Reserved]

(3) For each fluorinated GHG group, the total GWP-weighted mass of all fluorinated GHGs in that group emitted from all process vents combined, in metric tons of CO2e.

(4) For each fluorinated GHG group, the total GWP-weighted mass of all fluorinated GHGs in that group emitted from equipment leaks, in metric tons of CO2e.

(d) Reporting for missing data. Where missing data have been estimated pursuant to §98.125, you must report:

(1) The generically-identified process for which the data were missing.

(2) The reason the data were missing, the length of time the data were missing, and the method used to estimate the missing data.

(3) Estimates of the missing data for all missing data associated with data elements required to be reported in this section.

(e) Reporting of destruction device excess emissions data. Each fluorinated gas production facility that destroys fluorinated GHGs must report the excess emissions that result from malfunctions of the destruction device, and these excess emissions must be reflected in the fluorinated GHG estimates in the former §98.123(b) as included in paragraph 1 of Appendix A of this subpart for the former mass balance method, and in §98.123(c). Such excess emissions would occur if the destruction efficiency was reduced due to the malfunction.

(f) Reporting of destruction device testing. By March 31, 2012 or by March 31 of the year immediately following the year in which it begins fluorinated GHG destruction, each fluorinated gas production facility that destroys fluorinated GHGs must submit a report containing the information in paragraphs (f)(1) through (f)(4) of this section. This report is one-time unless you make a change to the destruction device that would be expected to affect its destruction efficiencies.

(1) [Reserved]

(2) Chemical identity of the fluorinated GHG(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 fluorinated GHG, consistent with requirements in §98.124(g)(1), vented to the destruction device.

(3) Date of the most recent destruction device test.

(4) Name of all applicable Federal or State regulations that may apply to the destruction process.

(5) [Reserved]

(g) Reporting for destruction of previously produced fluorinated GHGs. Each fluorinated gas production facility that destroys fluorinated GHGs must report, separately from the fluorinated GHG emissions reported under paragraphs (b) or (c) of this section, the following for each previously produced fluorinated GHG destroyed:

(1) [Reserved]

(2) The mass of the fluorinated GHG emitted from the destruction device (metric tons).

(h) Reporting of emissions from venting of residual fluorinated GHGs from containers. Each fluorinated gas production facility that vents residual fluorinated GHGs from containers must report the following for each fluorinated GHG vented:

(1) The mass of the residual fluorinated GHG vented from containers annually (metric tons).

(2) [Reserved]

(i) Reporting of fluorinated GHG products of incomplete combustion (PICs) of fluorinated gases. Each fluorinated gas production facility that destroys fluorinated gases must submit a one-time report by June 30, 2011, 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 fluorinated GHGs during the destruction of fluorinated gases. 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 this requirement.

(j) Special provisions for reporting years 2011, 2012, and 2013 only. For reporting years 2011, 2012, and 2013, the owner or operator of a facility must comply with paragraphs (j)(1), (j)(2), and (j)(3) of this section.

(1) Timing. The owner or operator of a facility is not required to report the data elements at §98.3(c)(4)(iii) and paragraphs (a)(2), (a)(3), (a)(4), (a)(6), (b), (c), (d), (e), (f), (g), and (h) of this section until the later of March 31, 2015 or the date set forth for that data element at §98.3(c)(4)(vii) and Table A-7 of Subpart A of this part.

(2) Excess emissions. Excess emissions of fluorinated GHGs resulting from destruction device malfunctions must be reflected in the reported facility-wide CO2e emissions but are not required to be reported separately.

(3) Calculation and reporting of CO2e. You must report the total fluorinated GHG emissions covered by this subpart, expressed in metric tons of CO2e. This includes emissions from all fluorinated gas production processes, all fluorinated gas transformation processes that are not part of a fluorinated gas production process, all fluorinated gas destruction processes that are not part of a fluorinated gas production process or a fluorinated gas transformation process, and venting of residual fluorinated GHGs from containers returned from the field. To convert fluorinated GHG emissions to CO2e for reporting under this section, use Equation A-1 of §98.2. For fluorinated GHGs whose GWPs are not listed in Table A-1 of Subpart A of this part, use either the default GWP specified below or your best estimate of the GWP based on the information described in §98.123(c)(1)(vi)(A)(3). Use of quantitative structure activity relationships (QSARs) is an acceptable method for determining GWPs in situations where pure standards of the “target” fluorinated GHG are not available, the “target” fluorinated GHG cannot be isolated from gas streams, and FTIR spectra for the impurities are not available.

(i) If you choose to use a default GWP rather than your best estimate of the GWP for fluorinated GHGs whose GWPs are not listed in Table A-1 of Subpart A of this part, use a default GWP of 10,000 for fluorinated GHGs that are fully fluorinated GHGs and use a default GWP of 2000 for other fluorinated GHGs.

(ii) Provide the total annual emissions across fluorinated GHGs for the entire facility, in metric tons of CO2e, that were calculated using the default GWP of 2000.

(iii) Provide the total annual emissions across fluorinated GHGs for the entire facility, in metric tons of CO2e, that were calculated using the default GWP of 10,000.

(iv) Provide the total annual emissions across fluorinated GHGs for the entire facility, in metric tons of CO2e, that were calculated using your best estimate of the GWP.

(k) Submission of complete reporting year 2011, 2012, and 2013 GHG reports. By March 31, 2015, you must submit annual GHG reports for reporting years 2011, 2012, and 2013 that contain the information specified in paragraphs (a) through (i) of this section. The reports must calculate CO2e using the GWPs in Table A-1 of subpart A of this part (as in effect on January 1, 2015). Prior submission of partial reports for these reporting years under paragraph (j) of this section does not affect your obligation to submit complete reports under this paragraph.

[75 FR 74831, Dec. 1, 2010, as amended at 77 FR 51489, Aug. 24, 2012; 78 FR 71954, Nov. 29, 2013; 79 FR 73787, Dec. 11, 2014]

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