40 CFR 98.410 - Definition of the source category.

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§ 98.410 Definition of the source category.
Link to an amendment published at 81 FR 89270, Dec. 9, 2016.

(a) The industrial gas supplier source category consists of any facility that produces a fluorinated GHG or nitrous oxide, any bulk importer of fluorinated GHGs or nitrous oxide, and any bulk exporter of fluorinated GHGs or nitrous oxide.

(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.

[ 74 FR 56374, Oct. 30, 2009, as amended at 75 FR 79167, Dec. 17, 2010]

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