40 CFR 98.360 - Definition of the source category.

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§ 98.360 Definition of the source category.

(a) This source category consists of livestock facilities with manure management systems that emit 25,000 metric tons CO2e or more per year.

(1) Table JJ-1 presents the minimum average annual animal population by animal group that is estimated to emit 25,000 metric tons CO2e or more per year. Facilities with an average annual animal population, as described in § 98.363(a)(1) and (2), below those listed in Table JJ-1 do not need to report under this rule. A facility with an annual animal population that exceeds those listed in Table JJ-1 should conduct a more thorough analysis to determine applicability.

(2) (i) If a facility has more than one animal group present (e.g., swine and poultry), the facility must determine if they are required to report by calculating the combined animal group factor (CAGF) using equation JJ-1:

Where:
CAGF = Combined Animal Group Factor
AAAPAG,Facility = Average annual animal population at the facility, by animal group
APTL AG = Animal population threshold level, as specified in Table JJ-1 of this section

(ii) If the calculated CAGF for a facility is less than 1, the facility is not required to report under this rule. If the CAGF is equal to or greater than 1, the facility must use more detailed applicability tables and tools to determine if they are required to report under this rule.

(b) A manure management system (MMS) is a system that stabilizes and/or stores livestock manure, litter, or manure wastewater in one or more of the following system components: Uncovered anaerobic lagoons, liquid/slurry systems with and without crust covers (including but not limited to ponds and tanks), storage pits, digesters, solid manure storage, dry lots (including feedlots), high-rise houses for poultry production (poultry without litter), poultry production with litter, deep bedding systems for cattle and swine, manure composting, and aerobic treatment.

(c) This source category does not include system components at a livestock facility that are unrelated to the stabilization and/or storage of manure such as daily spread or pasture/range/paddock systems or land application activities or any method of manure utilization that is not listed in § 98.360(b).

(d) This source category does not include manure management activities located off site from a livestock facility or off-site manure composting operations.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code

Title 40 published on 2015-08-22

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR Part 98 after this date.

  • 2016-12-09; vol. 81 # 237 - Friday, December 9, 2016
    1. 81 FR 89188 - 2015 Revisions and Confidentiality Determinations for Data Elements Under the Greenhouse Gas Reporting Rule
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Final rule; notice of final action on reconsideration.
      This rule is effective on January 1, 2017, except for amendatory instructions 3, 5, 6, 8, 10 through 25, 31 through 34, 36, 38 through 44, 46 through 50, 55 through 61, 63, 64, and 69 through 92, which are effective on January 1, 2018; and amendatory instructions 35, 37, 45, 51 through 54, which are effective on January 1, 2019. The incorporation by reference of certain publications listed in 40 CFR 98.7(l) and 40 CFR 98.324 is approved by the Director of the Federal Register as of January 1, 2017. The incorporation by reference of certain publications listed in 40 CFR 98.7(e), 40 CFR 98.34, and 40 CFR 98.36 is approved by the Director of the Federal Register as of January 1, 2018.
      40 CFR Part 98
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