---
kind: "section"
citation: "40 C.F.R. § 98.395"
title: "40"
number: "98.395"
heading: "Procedures for estimating missing data."
url: "https://uscodex.org/cfr/40/98.395"
---

# §98.395. Procedures for estimating missing data.

- (a) **Determination of quantity.** Whenever the quality assurance procedures in [§ 98.394(a)](/cfr/40/98.394.md?p=a) cannot be followed to measure the quantity of one or more petroleum products, natural gas liquids, types of biomass, feedstocks, or crude oil during any period (e.g., if a meter malfunctions), the following missing data procedures shall be used:
  - (1) For quantities of a product that are purchased or sold, a period of missing data shall be substituted using a reporter's established procedures for billing purposes in that period as agreed to by the party selling or purchasing the product.
  - (2) For quantities of a product that are not purchased or sold but of which the custody is transferred, a period of missing data shall be substituted using a reporter's established procedures for tracking purposes in that period as agreed to by the party involved in custody transfer of the product.
- (b) **Determination of emission factor.** Whenever any of the procedures in [§ 98.394(c)](/cfr/40/98.394.md?p=c) cannot be followed to develop an emission factor for any reason, Calculation Method 1 of this subpart must be used in place of Calculation Method 2 of this subpart for the entire reporting year.

## Notes

### Amendments

[74 FR 56374, Oct. 30, 2009, as amended at 78 FR 71973, Nov. 29, 2013; 81 FR 89268, Dec. 9, 2016]

### 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 78 FR 71973, Nov. 29, 2013; 81 FR 89268, Dec. 9, 2016]