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74 FR 56374, Oct. 30, 2009, unless otherwise noted.
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At 90 FR 21227, May 19, 2025, as required by the Congressional Review Act and Public Law 119-2, the Environmental Protection Agency removed the amendments to §§ 98.3 and 98.4 made effective on Jan. 17, 2025, at 89 FR 91163, Nov. 18, 2024. As of May 19, 2025, §§ 98.3 and 98.4 reverted to the Jan. 16, 2025 version.
(a) Determination of quantity. Whenever the quality assurance procedures in § 98.394(a) cannot be followed to measure the quantity of one or more petroleum products, natural gas liquids, types of biomass, feedstocks, or crude oil during any period (e.g., if a meter malfunctions), the following missing data procedures shall be used:
(1) For quantities of a product that are purchased or sold, a period of missing data shall be substituted using a reporter's established procedures for billing purposes in that period as agreed to by the party selling or purchasing the product.
(2) For quantities of a product that are not purchased or sold but of which the custody is transferred, a period of missing data shall be substituted using a reporter's established procedures for tracking purposes in that period as agreed to by the party involved in custody transfer of the product.
(b) Determination of emission factor. Whenever any of the procedures in § 98.394(c) cannot be followed to develop an emission factor for any reason, Calculation Method 1 of this subpart must be used in place of Calculation Method 2 of this subpart for the entire reporting year.
[74 FR 56374, Oct. 30, 2009, as amended at 78 FR 71973, Nov. 29, 2013; 81 FR 89268, Dec. 9, 2016]