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74 FR 56374, Oct. 30, 2009, unless otherwise noted.
75 FR 74856, Dec. 1, 2010, unless otherwise noted.
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Subscribe to: 40 CFR 98.437
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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) 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.
(3) Ports of exit through which the pre-charged equipment or closed-cell foams passed.
(4) Countries to which the pre-charged equipment or closed-cell 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 closed-cell 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.