--- kind: "section" citation: "40 C.F.R. § 98.393" title: "40" number: "98.393" heading: "Calculating GHG emissions." url: "https://uscodex.org/cfr/40/98.393" --- # §98.393. Calculating GHG emissions. - (a) **Calculation for individual products produced, imported, or exported.** - (1) Except as provided in paragraphs [(h)](#h) and (i) of this section, any refiner, importer, or exporter shall calculate CO2 emissions from each individual petroleum product and natural gas liquid using Equation MM-1 of this section. - (2) In the event that an individual petroleum product is produced as a solid rather than liquid any refiner, importer, or exporter shall calculate CO2 emissions using Equation MM-1 of this section. - (b) **Calculation for individual products that enter a refinery as a non-crude feedstock.** - (1) Except as provided in paragraphs [(h)](#h) and (i) of this section, any refiner shall calculate CO2 emissions from each non-crude feedstock using Equation MM-2 of this section. - (2) In the event that a non-crude feedstock enters a refinery as a solid rather than liquid, the refiner shall calculate CO2 emissions using Equation MM-2 of this section. - (c) **Calculation for biomass co-processed with petroleum feedstocks.** - (1) Refiners shall calculate CO2 emissions from each type of biomass that enters a refinery and is co-processed with petroleum feedstocks using Equation MM-3 of this section. - (2) In the event that biomass enters a refinery as a solid rather than liquid and is co-processed with petroleum feedstocks, the refiner shall calculate CO2 emissions from each type of biomass using Equation MM-3 of this section. - (d) **Summary calculation for refinery products.** Refiners shall calculate annual CO2 emissions from all products using Equation MM-4 of this section. - (e) **Summary calculation for importer and exporter products.** Importers and exporters shall calculate annual CO2 emissions from all petroleum products and natural gas liquids imported or exported, respectively, using Equations MM-1 and MM-5 of this section. - (f) **Emission factors for petroleum products and natural gas liquids.** The emission factor (EFi,j) for each petroleum product and natural gas liquid shall be determined using either of the calculation methods described in paragraphs [(f)(1)](#f-1) or [(f)(2)](#f-2) of this section. The same calculation method must be used for the entire quantity of the product for the reporting year. For refiners, the quantity of a product that enters a refinery (i.e., a non-crude feedstock) is considered separate from the quantity of a product ex refinery gate. - (1) **Calculation Method 1.** To determine the emission factor (i.e., EFi in Equation MM-1) for solid products, multiply the default carbon share factor (i.e., percent carbon by mass) in column B of Table MM-1 to this subpart for the appropriate product by 44/12. For all other products, use the default CO2 emission factor listed in column C of Table MM-1 of this subpart for the appropriate product. - (2) **Calculation Method 2.** - (i) For solid products, develop emission factors according to Equation MM-6 of this section using a value of 1 for density and direct measurements of carbon share according to methods set forth in [§ 98.394(c)](/cfr/40/98.394.md?p=c). For all other products, develop emission factors according to Equation MM-6 of this section using direct measurements of density and carbon share according to methods set forth in [§ 98.394(c)](/cfr/40/98.394.md?p=c). - (ii) If you use a standard method that involves gas chromatography to determine the percent mass of each component in a product, calculate the product's carbon share using Equation MM-7 of this section. - (g) **Emission factors for biomass co-processed with petroleum feedstocks.** Refiners shall use the most appropriate default CO2 emission factor (EFm) for biomass in Table MM-2 of this subpart to calculate CO2 emissions in [paragraph (c)](#c) of this section. - (h) **Special procedures for blended biomass-based fuels.** In the event that some portion of a petroleum product is biomass-based and was not derived by co-processing biomass and petroleum feedstocks together (i.e., the petroleum product was produced by blending a petroleum-based product with a biomass-based fuel), the reporting party shall calculate emissions for the petroleum product according to one of the methods in [paragraphs (h)(1) through (h)(4)](#h-1..h-4) of this section, as appropriate. - (1) A reporter using Calculation Method 1 to determine the emission factor of a petroleum product shall calculate the CO2 emissions associated with that product using Equation MM-8 of this section in place of Equation MM-1 of this section. - (2) A refinery using Calculation Method 1 of this subpart to determine the emission factor of a non-crude petroleum feedstock shall calculate the CO2 emissions associated with that feedstock using Equation MM-9 of this section in place of Equation MM-2 of this section. - (3) **Calculation Method 2 procedures for products.** - (i) A reporter using Calculation Method 2 of this subpart to determine the emission factor of a petroleum product that does not contain denatured ethanol must calculate the CO2 emissions associated with that product using Equation MM-10 of this section in place of Equation MM-1 of this section. - (ii) In the event that a petroleum product contains denatured ethanol, importers and exporters must follow Calculation Method 1 procedures in [paragraph (h)(1)](#h-1) of this section; and refineries must sample the petroleum portion of the blended biomass-based fuel prior to blending and calculate CO2 emissions using Equation MM-10a of this section. - (4) **Calculation Method 2 procedures for non-crude feedstocks.** - (i) A refiner using Calculation Method 2 of this subpart to determine the emission factor of a non-crude petroleum feedstock that does not contain denatured ethanol must calculate the CO2 emissions associated with that feedstock using Equation MM-11 of this section in place of Equation MM-2 of this section. - (ii) In the event that a non-crude feedstock contains denatured ethanol, refiners must follow Calculation Method 1 procedures in [paragraph (h)(2)](#h-2) of this section. - (i) **Optional procedures for blended products that do not contain biomass.** - (1) In the event that a reporter produces, imports, or exports a blended product that does not include biomass, the reporter may calculate emissions for the blended product according to the method in paragraph (i)(2) of this section. In the event that a refiner receives a blended non-crude feedstock that does not include biomass, the refiner may calculate emission for the blended non-crude feedstock according to the method in paragraph (i)(3) of this section. The procedures in this section may be used only if all of the following criteria are met: - (i) The reporter knows the relative proportion of each component of the blend (i.e., the mass or volume percentage). - (ii) Each component of blended product “i” or blended non-crude feedstock “j” meets the strict definition of a product listed in Table MM-1 to subpart MM. - (iii) **The blended product or non-crude feedstock is not comprised entirely of natural gas liquids.** - (iv) **The reporter uses Calculation Method 1.** - (v) **Solid components are blended only with other solid components.** - (2) The reporter must calculate emissions for the blended product using Equation MM-12 of this section in place of Equation MM-1 of this section. - (3) For refineries, the reporter must calculate emissions for the blended non-crude feedstock using Equation MM-13 of this section in place of Equation MM-2 of this section. - (4) For refineries, if a blending component “k” used in paragraph (i)(2) of this section enters the refinery before blending as non-crude feedstock: - (i) The emissions that would result from the complete combustion or oxidation of non-crude feedstock “k” must still be calculated separately using Equation MM-2 of this section and applied in Equation MM-4 of this section. - (ii) The quantity of blending component “k” applied in Equation MM-12 of this section and the quantity of non-crude feedstock “k” applied in Equation MM-2 of this section must be determined using the same method or practice. ## Notes ### Amendments [74 FR 56374, Oct. 30, 2009, as amended at 75 FR 66475, Oct. 28, 2010; 78 FR 71973, Nov. 29, 2013] ### Authority Authority: 42 U.S.C. 7401-7671q. ### Source Source: 74 FR 56374, Oct. 30, 2009, unless otherwise noted. ### Amendments [74 FR 56374, Oct. 30, 2009, as amended at 75 FR 66475, Oct. 28, 2010; 78 FR 71973, Nov. 29, 2013]