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]

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