Title 40

SECTION 98.417

98.417 Records that must be retained.

§ 98.417 Records that must be retained.

(a) In addition to the data required by § 98.3(g), the fluorinated GHG or fluorinated HTF production facility shall retain the following records:

(1) Dated records of the data used to estimate the data reported under § 98.416.

(2) Records documenting the initial and periodic calibration of the analytical equipment (including but not limited to GC, IR, FTIR, or NMR), weigh scales, flowmeters, and volumetric and density measures used to measure the quantities reported under this subpart, including the manufacturer directions or industry standards used for calibration pursuant to § 98.414(m) and (o).

(3) Dated records of the total mass in metric tons of each reactant fed into the fluorinated GHG, fluorinated HTF, or nitrous oxide production process, by process.

(4) Dated records of the total mass in metric tons of the reactants, by-products, and other wastes permanently removed from the fluorinated GHG, fluorinated HTF, or nitrous oxide production process, by process.

(b) In addition to the data required by paragraph (a) of this section, any facility that destroys fluorinated GHGs or fluorinated HTFs shall keep records of test reports and other information documenting the facility's one-time destruction efficiency report in § 98.416(b).

(c) In addition to the data required by § 98.3(g), the bulk importer shall 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.

(d) In addition to the data required by § 98.3(g), the bulk exporter shall 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.

(e) Every person who imports a container with a heel that is not reported under § 98.416(c) shall keep records of the amount brought into the United States that document that the residual amount in each shipment is less than 10 percent of the volume of the container and will:

(1) Remain in the container and be included in a future shipment.

(2) Be recovered and transformed.

(3) Be recovered and destroyed.

(4) Be recovered and included in a future shipment.

(f) Isolated intermediates that are produced and transformed at the same facility are exempt from the recordkeeping requirements of this section.

(g) Low-concentration constituents are exempt from the recordkeeping requirements of this section.

[74 FR 56374, Oct. 30, 2009, as amended at 75 FR 79168, Dec. 17, 2010; 76 FR 73905, Nov. 29, 2011; 81 FR 89273, Dec. 9, 2016]

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