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Here is the full regulation – CFR-2011-title40-vol21-part98
Code of Federal Regulations
Title 40 – Protection of Environment
Volume: 20Date: 2010-07-01Original Date: 2010-07-01Title: Section 98.3 – What are the general monitoring, reporting, recordkeeping and verification requirements of this part?Context: Title 40 – Protection of Environment. CHAPTER I – ENVIRONMENTAL PROTECTION AGENCY (CONTINUED). SUBCHAPTER C – AIR PROGRAMS (CONTINUED). PART 98 – MANDATORY GREENHOUSE GAS REPORTING. Subpart A – General Provision.
§ 98.3What are the general monitoring, reporting, recordkeeping and verification requirements of this part?The owner or operator of a facility or supplier that is subject to the requirements of this part must submit GHG reports to the Administrator, as specified in this section.(a) General. Except as provided in paragraph (d) of this section, follow the procedures for emission calculation, monitoring, quality assurance, missing data, recordkeeping, and reporting that are specified in each relevant subpart of this part.(b) Schedule. The annual GHG report must be submitted no later than March 31 of each calendar year for GHG emissions in the previous calendar year.(1) For an existing facility or supplier that began operation before January 1, 2010, report emissions for calendar year 2010 and each subsequent calendar year.(2) For a new facility or supplier that begins operation on or after January 1, 2010, report emissions beginning with the first operating month and ending on December 31 of that year. Each subsequent annual report must cover emissions for the calendar year, beginning on January 1 and ending on December 31.(3) For any facility or supplier that becomes subject to this rule because of a physical or operational change that is made after January 1, 2010, report emissions for the first calendar year in which the change occurs, beginning with the first month of the change and ending on December 31 of that year. For a facility or supplier that becomes subject to this rule solely because of an increase in hours of operation or level of production, the first month of the change is the month in which the increased hours of operation or level of production, if maintained for the remainder of the year, would cause the facility or supplier to exceed the applicable threshold. Each subsequent annual report must cover emissions for the calendar year, beginning on January 1 and ending on December 31.(c) Content of the annual report. Except as provided in paragraph (d) of this section, each annual GHG report shall contain the following information:(1) Facility name or supplier name (as appropriate) and physical street address including the city, state, and zip code.(2) Year and months covered by the report.(3) Date of submittal.(4) For facilities, report annual emissions of CO2, CH4, N2O, and each fluorinated GHG (as defined in § 98.6) as follows:(i) Annual emissions (excluding biogenic CO2) aggregated for all GHG from all applicable source categories in subparts C through JJ of this part and expressed in metric tons of CO2e calculated using Equation A-1 of this subpart.(ii) Annual emissions of biogenic CO2 aggregated for all applicable source categories in subparts C through JJ of this part.(iii) Annual emissions from each applicable source category in subparts C through JJ of this part, expressed in metric tons of each GHG listed in paragraphs (c)(4)(iii)(A) through (c)(4)(iii)(E) of this section.(A) Biogenic CO2.(B) CO2 (excluding biogenic CO2).(C) CH4.(D) N2O.(E) Each fluorinated GHG (including those not listed in Table A-1 of this subpart).(iv) Emissions and other data for individual units. processes, activities, and operations as specified in the “Data reporting requirements” section of each applicable subpart of this part.(5) For suppliers, report annual quantities of CO2, CH4, N2O, and each fluorinated GHG (as defined in § 98.6) that would be emitted from combustion or use of the products supplied, imported, and exported during the year. Calculate and report quantities at the following levels:(i) Total quantity of GHG aggregated for all GHG from all applicable supply categories in subparts KK through PP of this part and expressed in metric tons of CO2e calculated using Equation A-1 of this subpart.(ii) Quantity of each GHG from each applicable supply category in subparts KK through PP of this part, expressed in metric tons of each GHG. For fluorinated GHG, report emissions of all fluorinated GHG, including those not listed in Table A-1 of this subpart.(iii) Any other data specified in the “Data reporting requirements” section of each applicable subpart of this part.(6) A written explanation, as required under § 98.3(e), if you change emission calculation methodologies during the reporting period.(7) A brief description of each “best available monitoring method” used according to paragraph (d) of this section, the parameter measured using the method, and the time period during which the “best available monitoring method” was used.(8) Each data element for which a missing data procedure was used according to the procedures of an applicable subpart and the total number of hours in the year that a missing data procedure was used for each data element.(9) A signed and dated certification statement provided by the designated representative of the owner or operator, according to the requirements of § 98.4(e)(1).(d) Special provisions for reporting year 2010 (1) Best available monitoring methods. During January 1, 2010 through March 31, 2010, owners or operators may use best available monitoring methods for any parameter (e.g., fuel use, daily carbon content of feedstock by process line) that cannot reasonably be measured according to the monitoring and QA/QC requirements of a relevant subpart. The owner or operator must use the calculation methodologies and equations in the “Calculating GHG Emissions” sections of each relevant subpart, but may use the best available monitoring method for any parameter for which it is not reasonably feasible to acquire, install, and operate a required piece of monitoring equipment by January 1, 2010. Starting no later than April 1, 2010, the owner or operator must discontinue using best available methods and begin following all applicable monitoring and QA/QC requirements of this part, except as provided in paragraphs (d)(2) and (d)(3) of this section. Best available monitoring methods means any of the following methods specified in this paragraph:(i) Monitoring methods currently used by the facility that do not meet the specifications of an relevant subpart.(ii) Supplier data.(iii) Engineering calculations.(iv) Other company records.(2) Requests for extension of the use of best available monitoring methods. The owner or operator may submit a request to the Administrator to use one or more best available monitoring methods beyond March 31, 2010.(i) Timing of request. The extension request must be submitted to EPA no later than 30 days after the effective date of the GHG reporting rule.(ii) Content of request. Requests must contain the following information:(A) A list of specific item of monitoring instrumentation for which the request is being made and the locations where each piece of monitoring instrumentation will be installed.(B) Identification of the specific rule requirements (by rule subpart, section, and paragraph numbers) for which the instrumentation is needed.(C) A description of the reasons why the needed equipment could not be obtained and installed before April 1, 2010.(D) If the reason for the extension is that the equipment cannot be purchased and delivered by April 1, 2010, include supporting documentation such as the date the monitoring equipment was ordered, investigation of alternative suppliers and the dates by which alternative vendors promised delivery, backorder notices or unexpected delays, descriptions of actions taken to expedite delivery, and the current expected date of delivery.(E) If the reason for the extension is that the equipment cannot be installed without a process unit shutdown, include supporting documentation demonstrating that it is not practicable to isolate the equipment and install the monitoring instrument without a full process unit shutdown. Include the date of the most recent process unit shutdown, the frequency of shutdowns for this process unit, and the date of the next planned shutdown during which the monitoring equipment can be installed. If there has been a shutdown or if there is a planned process unit shutdown between promulgation of this part and April 1, 2010, include a justification of why the equipment could not be obtained and installed during that shutdown.(F) A description of the specific actions the facility will take to obtain and install the equipment as soon as reasonably feasible and the expected date by which the equipment will be installed and operating.(iii) Approval criteria. To obtain approval, the owner or operator must demonstrate to the Administrator’s satisfaction that it is not reasonably feasible to acquire, install, and operate a required piece of monitoring equipment by April 1, 2010. The use of best available methods will not be approved beyond December 31, 2010.(3) Abbreviated emissions report for facilities containing only general stationary fuel combustion sources. In lieu of the report required by paragraph (c) of this section, the owner or operator of an existing facility that is in operation on January 1, 2010 and that meets the conditions of § 98.2 (a)(3) may submit an abbreviated GHG report for the facility for GHGs emitted in 2010. The abbreviated report must be submitted by March 31, 2011. An owner or operator that submits an abbreviated report must submit a full GHG report according to the requirements of paragraph (c) of this section beginning in calendar year 2011. The abbreviated facility report must include the following information:(i) Facility name and physical street address including the city, state and zip code.(ii) The year and months covered by the report.(iii) Date of submittal.(iv) Total facility GHG emissions aggregated for all stationary fuel combustion units calculated according to any method specified in § 98.33(a) and expressed in metric tons of CO2, CH4, N2O, and CO2e.(v) Any facility operating data or process information used for the GHG emission calculations.(vi) A signed and dated certification statement provided by the designated representative of the owner or operator, according to the requirements of paragraph (e)(1) of this section.(e) Emission calculations. In preparing the GHG report, you must use the calculation methodologies specified in the relevant subparts, except as specified in paragraph (d) of this section. For each source category, you must use the same calculation methodology throughout a reporting period unless you provide a written explanation of why a change in methodology was required.(f) Verification. To verify the completeness and accuracy of reported GHG emissions, the Administrator may review the certification statements described in paragraphs (c)(8) and (d)(3)(vi) of this section and any other credible evidence, in conjunction with a comprehensive review of the GHG reports and periodic audits of selected reporting facilities. Nothing in this section prohibits the Administrator from using additional information to verify the completeness and accuracy of the reports.(g) Recordkeeping. An owner or operator that is required to report GHGs under this part must keep records as specified in this paragraph. Retain all required records for at least 3 years. The records shall be kept in an electronic or hard-copy format (as appropriate) and recorded in a form that is suitable for expeditious inspection and review. Upon request by the Administrator, the records required under this section must be made available to EPA. Records may be retained off site if the records are readily available for expeditious inspection and review. For records that are electronically generated or maintained, the equipment or software necessary to read the records shall be made available, or, if requested by EPA, electronic records shall be converted to paper documents. You must retain the following records, in addition to those records prescribed in each applicable subpart of this part:(1) A list of all units, operations, processes, and activities for which GHG emission were calculated.(2) The data used to calculate the GHG emissions for each unit, operation, process, and activity, categorized by fuel or material type. These data include but are not limited to the following information in this paragraph (g)(2):(i) The GHG emissions calculations and methods used.(ii) Analytical results for the development of site-specific emissions factors.(iii) The results of all required analyses for high heat value, carbon content, and other required fuel or feedstock parameters.(iv) Any facility operating data or process information used for the GHG emission calculations.(3) The annual GHG reports.(4) Missing data computations. For each missing data event, also retain a record of the duration of the event, actions taken to restore malfunctioning monitoring equipment, the cause of the event, and the actions taken to prevent or minimize occurrence in the future.(5) A written GHG Monitoring Plan.(i) At a minimum, the GHG Monitoring Plan shall include the elements listed in this paragraph (g)(5)(i).(A) Identification of positions of responsibility (i.e., job titles) for collection of the emissions data.(B) Explanation of the processes and methods used to collect the necessary data for the GHG calculations.(C) Description of the procedures and methods that are used for quality assurance, maintenance, and repair of all continuous monitoring systems, flow meters, and other instrumentation used to provide data for the GHGs reported under this part.(ii) The GHG Monitoring Plan may rely on references to existing corporate documents (e.g., standard operating procedures, quality assurance programs under appendix F to 40 CFR part 60 or appendix B to 40 CFR part 75, and other documents) provided that the elements required by paragraph (g)(5)(i) of this section are easily recognizable.(iii) The owner or operator shall revise the GHG Monitoring Plan as needed to reflect changes in production processes, monitoring instrumentation, and quality assurance procedures; or to improve procedures for the maintenance and repair of monitoring systems to reduce the frequency of monitoring equipment downtime.(iv) Upon request by the Administrator, the owner or operator shall make all information that is collected in conformance with the GHG Monitoring Plan available for review during an audit. Electronic storage of the information in the plan is permissible, provided that the information can be made available in hard copy upon request during an audit.(6) The results of all required certification and quality assurance tests of continuous monitoring systems, fuel flow meters, and other instrumentation used to provide data for the GHGs reported under this part.(7) Maintenance records for all continuous monitoring systems, flow meters, and other instrumentation used to provide data for the GHGs reported under this part.(h) Annual GHG report revisions. The owner or operator shall submit a revised report within 45 days of discovering or being notified by EPA of errors in an annual GHG report. The revised report must correct all identified errors. The owner or operator shall retain documentation for 3 years to support any revisions made to an annual GHG report.(i) Calibration accuracy requirements. The owner or operator of a facility or supplier that is subject to the requirements of this part must meet the calibration accuracy requirements of this paragraph (i).(1) Except as provided paragraphs (i)(4) through (i)(6) of this section, flow meters and other devices (e.g., belt scales) that measure data used to calculate GHG emissions shall be calibrated prior to April 1, 2010 using the procedures specified in this paragraph and each relevant subpart of this part. All measurement devices must be calibrated according to the manufacturer’s recommended procedures, an appropriate industry consensus standard, or a method specified in a relevant subpart of this part. All measurement devices shall be calibrated to an accuracy of 5 percent. For facilities and suppliers that become subject to this part after April 1, 2010, the initial calibration shall be conducted on the date that data collection is required to begin. Subsequent calibrations shall be performed at the frequency specified in each applicable subpart.(2) For flow meters, perform all calibrations at measurement points that are representative of normal operation of the meter. Except for the orifice, nozzle, and venturi flow meters described in paragraph (i)(3) of this section, calculate the calibration error at each measurement point using Equation A-2 of this section. The terms “R” and “A” in Equation A-2 must be expressed in consistent units of measure (e.g., gallons/minute, ft 3/min). The calibration error at each measurement point shall not exceed 5.0 percent of the reference value.[Please see PDF for Formula: ER30OC09.001]
WHERE:CE = CALIBRATION ERROR (%)R = REFERENCE VALUEA = FLOW METER RESPONSE TO THE REFERENCE VALUE
(3) For orifice, nozzle, and venturi flow meters, the initial quality assurance consists of in-situ calibration of the differential pressure (delta-P), total pressure, and temperature transmitters. Calibrate each transmitter at a zero point and at least one upscale point. Fixed reference points, such as the freezing point of water, may be used for temperature transmitter calibrations. Calculate the calibration error of each transmitter at each measurement point, using Equation A-3 of this subpart. The terms “R”, “A”, and “FS” in Equation A-3 of this subpart must be in consistent units of measure (e.g., milliamperes, inches of water, psi, degrees). For each transmitter, the CE value at each measurement point shall not exceed 2.0 percent of full-scale. Alternatively, the results are acceptable if the sum of the calculated CE values for the three transmitters at each calibration level (i.e., at the zero level and at each upscale level) does not exceed 5.0 percent.[Please see PDF for Formula: ER30OC09.002]
WHERE:CE = CALIBRATION ERROR (%)R = REFERENCE VALUEA = TRANSMITTER RESPONSE TO THE REFERENCE VALUEFS = FULL-SCALE VALUE OF THE TRANSMITTER
(4) Fuel billing meters are exempted from the calibration requirements of this section, provided that the fuel supplier and any unit combusting the fuel do not have any common owners and are not owned by subsidiaries or affiliates of the same company.(5) For a flow meter or other measurement device that has been previously calibrated in accordance with this part, an initial calibration is not required by the date specified in paragraph (i)(1) of this section if, as of the date required for the initial calibration, the previous calibration is still active (i.e., the device is not yet due for recalibration because the time interval between successive calibrations, as required by this part, has not elapsed).(6) For units and processes that operate continuously with infrequent outages, it may not be possible to meet the April 1, 2010 deadline for the initial calibration of a flow meter or other measurement device without removing the device from service and shipping it to a remote location, thereby disrupting normal process operation. In such cases, the owner or operator may postpone the initial calibration until the next scheduled maintenance outage, and may similarly postpone the subsequent recalibrations. Such postponements shall be documented in the monitoring plan that is required under § 98.3(g)(5).