Regulations last checked for updates: Jun 01, 2024

Title 40 - Protection of Environment last revised: May 30, 2024
§ 98.360 - Definition of the source category.

(a) This source category consists of livestock facilities with manure management systems that emit 25,000 metric tons CO2e or more per year.

(1) Table JJ-1 presents the minimum average annual animal population by animal group that is estimated to emit 25,000 metric tons CO2e or more per year. Facilities with an average annual animal population, as described in § 98.363(a)(1) and (2), below those listed in Table JJ-1 do not need to report under this rule. A facility with an annual animal population that exceeds those listed in Table JJ-1 should conduct a more thorough analysis to determine applicability.

(2) (i) If a facility has more than one animal group present (e.g., swine and poultry), the facility must determine if they are required to report by calculating the combined animal group factor (CAGF) using equation JJ-1:

Where: CAGF = Combined Animal Group Factor AAAPAG,Facility = Average annual animal population at the facility, by animal group APTL AG = Animal population threshold level, as specified in Table JJ-1 of this section

(ii) If the calculated CAGF for a facility is less than 1, the facility is not required to report under this rule. If the CAGF is equal to or greater than 1, the facility must use more detailed applicability tables and tools to determine if they are required to report under this rule.

(b) A manure management system (MMS) is a system that stabilizes and/or stores livestock manure, litter, or manure wastewater in one or more of the following system components: Uncovered anaerobic lagoons, liquid/slurry systems with and without crust covers (including but not limited to ponds and tanks), storage pits, digesters, solid manure storage, dry lots (including feedlots), high-rise houses for poultry production (poultry without litter), poultry production with litter, deep bedding systems for cattle and swine, manure composting, and aerobic treatment.

(c) This source category does not include system components at a livestock facility that are unrelated to the stabilization and/or storage of manure such as daily spread or pasture/range/paddock systems or land application activities or any method of manure utilization that is not listed in § 98.360(b).

(d) This source category does not include manure management activities located off site from a livestock facility or off-site manure composting operations.

§ 98.361 - Reporting threshold.

Livestock facilities must report GHG emissions under this subpart if the facility meets the reporting threshold as defined in 98.360(a) above, contains a manure management system as defined in 98.360(b) above, and meets the requirements of § 98.2(a)(1).

§ 98.362 - GHGs to report.

(a) Livestock facilities must report annual aggregate CH4 and N2O emissions for the following MMS components at the facility:

(1) Uncovered anaerobic lagoons.

(2) Liquid/slurry systems (with and without crust covers, and including but not limited to ponds and tanks).

(3) Storage pits.

(4) Digesters, including covered anaerobic lagoons.

(5) Solid manure storage.

(6) Dry lots, including feedlots.

(7) High-rise houses for poultry production (poultry without litter)

(8) Poultry production with litter.

(9) Deep bedding systems for cattle and swine.

(10) Manure composting.

(11) Aerobic treatment.

(b) A livestock facility that is subject to this rule only because of emissions from manure management system components is not required to report emissions from subparts C through PP (other than subpart JJ) of this part.

(c) A livestock facility that is subject to this part because of emissions from source categories described in subparts C through PP of this part is not required to report emissions under subpart JJ of this part unless emissions from manure management systems are 25,000 metric tons CO2e per year or more.

§ 98.363 - Calculating GHG emissions.

(a) For all manure management system components listed in 98.360(b) except digesters, estimate the annual CH4 emissions and sum for all the components to obtain total emissions from the manure management system for all animal types using Equation JJ-1.

Where: MMSC = Manure management systems component. TVSAT = Total volatile solids excreted by animal type, calculated using Equation JJ-3 of this section (kg/day). VSMMSC = Fraction of the total manure for each animal type that is managed in MMS component MMSC, assumed to be equivalent to the fraction of VS in each MMS component. VSss = Volatile solids removal through solid separation; if solid separation occurs prior to the MMS component, use a default value from Table JJ-4 of this section; if no solid separation occurs, this value is set to 0. (B0)AT = Maximum CH4-producing capacity for each animal type, as specified in Table JJ-2 of this section (m 3 CH4/kg VS). MCFMMSC = CH4 conversion factor for the MMS component, as specified in Table JJ-5 of this section (decimal). Where: TVSAT = Daily total volatile solids excreted per animal type (kg/day). PopulationAT = Average annual animal population contributing manure to the manure management system by animal type (head) (see description in § 98.363(a)(i) and (ii) below). TAMAT = Typical animal mass for each animal type, using either default values in Table JJ-2 of this section or farm-specific data (kg/head). VSAT = Volatile solids excretion rate for each animal type, using default values in Table JJ-2 or JJ-3 of this section (kg VS/day/1000 kg animal mass).

(1) Average annual animal populations for static populations (e.g., dairy cows, breeding swine, layers) must be estimated by performing an animal inventory or review of facility records once each reporting year.

(2) Average annual animal populations for growing populations (meat animals such as beef and veal cattle, market swine, broilers, and turkeys) must be estimated each year using the average number of days each animal is kept at the facility and the number of animals produced annually, and an equation similar or equal to Equation JJ-4 below, adapted from Equation 10.1 in 2006 IPCC Guidelines for National Greenhouse Gas Inventories, Volume 4, Chapter 10.

Where: PopulationAT = Average annual animal population (by animal type). Days onsiteAT = Average number of days the animal is kept at the facility, by animal type. NAPAAT = Number of animals produced annually, by animal type.

(b) For each digester, calculate the total amount of CH4 emissions, and then sum the emissions from all digesters, as shown in Equation JJ-5 of this section.

Where: CH4 EmissionsAD = CH4 emissions from anaerobic digestion (metric tons/yr). AD = Number of anaerobic digesters at the manure management facility. CH4C = CH4 flow to digester combustion device, calculated using Equation JJ-6 of this section (metric tons CH4/yr). CH4D = CH4 destruction at digesters, calculated using Equation JJ-11 of this section (metric tons CH4/yr) CH4L = Leakage at digesters calculated using Equation JJ-12 of this section (metric tons CH4/yr).

(1) For each digester, calculate the annual CH4 flow to the combustion device (CH4C) using Equation JJ-6 of this section. A fully integrated system that directly reports the quantity of CH4 flow to the digester combustion device requires only summing the results of all monitoring periods for a given year to obtain CH4C.

Where: CH4C = CH4 flow to digester combustion device (metric tons CH4/yr). V = Average annual volumetric flow rate, calculated in Equation JJ-7 of this subsection (cubic feet CH4/yr). C = Average annual CH4 concentration of digester gas, calculated in Equation JJ-8 of this section (%, wet basis). 0.0423 = Density of CH4 lb/scf (at 520 °R or 60 °F and 1 atm). T = Average annual temperature at which flow is measured, calculated in Equation JJ-9 of this section (°R). P = Average annual pressure at which flow is measured, calculated in Equation JJ-10 of this section (atm).

(2) For each digester, calculate the average annual volumetric flow rate, CH4 concentration of digester gas, temperature, and pressure at which flow are measured using Equations JJ-7 through JJ-10 of this section.

Where: V = Average annual volumetric flow rate (cubic feet CH4/yr). OD = Operating days, number of days per year that that the digester was operating (days/yr). Vn = Daily average volumetric flow rate for day n, as determined from daily monitoring as specified in § 98.364 (acfm). Where: C = Average annual CH4 concentration of digester gas (%, wet basis). OD = Operating days, number of days per year that the digester was operating (days/yr). Cn = Average daily CH4 concentration of digester gas for day n, as determined from daily monitoring as specified in § 98.364 (%, wet basis). Where: T = Average annual temperature at which flow is measured (°R). OD = Operating days, number of days per year that the digester was operating (days/yr). Tn = Temperature at which flow is measured for day n(°R). Where: P = Average annual pressure at which flow is measured (atm). OD = Operating days, number of days per year that the digester was operating (days/yr). Pn = Pressure at which flow is measured for day n (atm).

(3) For each digester, calculate the CH4 destruction at the digester combustion device using Equation JJ-11 of this section.

Where: CH4D = CH4 destruction at digester combustion device (metric tons/yr). CH4C = Annual quantity of CH4 flow to digester combustion device, as calculated in Equation JJ-6 of this section (metric tons CH4). DE = CH4 destruction efficiency from flaring or burning in engine (lesser of manufacturer's specified destruction efficiency and 0.99). If the gas is transported off-site for destruction, use DE = 1. OH = Number of hours combustion device is functioning in reporting year. Hours = Hours in reporting year.

(4) For each digester, calculate the CH4 leakage using Equation JJ-12 of this section.

Where: CH4L = Leakage at digesters (metric tons/yr). CH4C = Annual quantity of CH4 flow to digester combustion device, as calculated in Equation JJ-6 of this section (metric tons CH4). CE = CH4 collection efficiency of anaerobic digester, as specified in Table JJ-6 of this section (decimal).

(c) For each MMS component, estimate the annual N2O emissions and sum for all MMS components to obtain total emissions from the manure management system for all animal types using Equation JJ-13 of this section.

Where: Nex AT = Daily total nitrogen excreted per animal type, calculated using Equation JJ-14 of this section (kg N/day). Nex,MMSC = Fraction of the total manure for each animal type that is managed in MMS component MMSC, assumed to be equivalent to the fraction of Nex in each MMS component. Nss = Nitrogen removal through solid separation; if solid separation occurs prior to the MMS component, use a default value from Table JJ-4 of this section; if no solid separation occurs, this value is set to 0. EFMMSC = Emission factor for MMS component, as specified in Table JJ-7 of this section (kg N2O-N/kg N). Where: Nex AT = Total nitrogen excreted per animal type (kg/day). PopulationAT = Average annual animal population contributing manure to the manure management system by animal type (head) (see description in § 98.363(a)(i) and (ii)). TAMAT = Typical animal mass by animal type, using either default values in Table JJ-2 of this section or farm-specific data (kg/head). NAT = Nitrogen excretion rate by animal type, using default values in Tables JJ-2 or JJ-3 of this section (kg N/day/1000 kg animal mass).

(d) Estimate the annual total facility emissions using Equation JJ-15 of this section.

Where: CH4 emissionsMMS = From Equation JJ-2 of this section. CH4 emissionsAD = From Equation JJ-5 of this section. 21 = Global Warming Potential of CH4. Direct N2O emissions = From Equation JJ-13 of this section. 310 = Global Warming Potential of N2O.
§ 98.364 - Monitoring and QA/QC requirements.

(a) Perform an annual animal inventory or review of facility records (for static populations) or population calculation (for growing populations) to determine the average annual animal population for each animal type (see description in § 98.363(a)(1) and (2)).

(b) Perform an analysis on your operation to determine the fraction of total manure by weight for each animal type that is managed in each on-site manure management system component. If your system changes from previous reporting periods, you must reevaluate the fraction of total manure managed in each system component.

(c) The CH4 concentration of gas from digesters must be determined using ASTM D1946-90 (Reapproved 2006) Standard Practice for Analysis of Reformed Gas by Gas Chromatography (incorporated by reference see § 98.7). All gas composition monitors shall be calibrated prior to the first reporting year for biogas methane and carbon dioxide content using ASTM D1946-90 (Reapproved 2006) Standard Practice for Analysis of Reformed Gas by Gas Chromatography (incorporated by reference see § 98.7)and recalibrated either annually or at the minimum frequency specified by the manufacturer, whichever is more frequent, or whenever the error in the midrange calibration check exceeds ±10 percent. All monitors shall be maintained as specified by the manufacturer.

(d) All temperature and pressure monitors must be calibrated using the procedures and frequencies specified by the manufacturer. All equipment (temperature and pressure monitors) shall be maintained as specified by the manufacturer.

(e) For digesters with gas collection systems, install, operate, maintain, and calibrate a gas flow meter capable of measuring the volumetric flow rate to provide data for the GHG emissions calculations, using the applicable methods specified in paragraphs (e)(1) through (e)(6) of this section or as specified by the manufacturer.

(1) ASME MFC-3M-2004 Measurement of Fluid Flow in Pipes Using Orifice, Nozzle, and Venturi (incorporated by reference, see § 98.7).

(2) ASME MFC-4M-1986 (Reaffirmed 1997) Measurement of Gas Flow by Turbine Meters (incorporated by reference, see § 98.7).

(3) ASME MFC-6M-1998 Measurement of Fluid Flow in Pipes Using Vortex Flowmeters (incorporated by reference, see § 98.7).

(4) ASME MFC-7M-1987 (Reaffirmed 1992) Measurement of Gas Flow by Means of Critical Flow Venturi Nozzles (incorporated by reference, see § 98.7).

(5) ASME MFC-14M-2003 Measurement of Fluid Flow Using Small Bore Precision Orifice Meters (incorporated by reference, see § 98.7).

(6) ASME MFC-18M-2001 Measurement of Fluid Flow using Variable Area Meters (incorporated by reference, see § 98.7).

(f) If applicable, the owner or operator shall document the procedures used to ensure the accuracy of gas flow rate, gas composition, temperature, and pressure measurements. These procedures include, but are not limited to, calibration of fuel flow meters and other measurement devices. The estimated accuracy of measurements made with these devices shall also be recorded, and the technical basis for these estimates shall be provided.

(g) Each gas flow meter shall be calibrated prior to the first reporting year and recalibrated either annually or at the minimum frequency specified by the manufacturer, whichever is more frequent. Each gas flow meter must have a rated accuracy of ±5 percent or lower and be capable of correcting for the temperature and pressure and, if the gas composition monitor determines CH4 concentration on a dry basis, moisture content.

§ 98.365 - Procedures for estimating missing data.

(a) A complete record of all measured parameters used in the GHG emissions calculations is required. Therefore, whenever a quality-assured value of a required parameter is unavailable (e.g., if a meter malfunctions during unit operation or if a required fuel sample is not taken), a substitute data value for the missing parameter shall be used in the calculations, according to the requirements in paragraph (b) of this section.

(b) For missing gas flow rates or CH4 content data, the substitute data value shall be the arithmetic average of the quality-assured values of that parameter immediately preceding and immediately following the missing data incident. If, for a particular parameter, no quality-assured data are available prior to the missing data incident, the substitute data value shall be the first quality-assured value obtained after the missing data period.

§ 98.366 - Data reporting requirements.

(a) In addition to the information required by § 98.3(c), each annual report must contain the following information:

(1) List of manure management system components at the facility.

(2) Fraction of manure from each animal type that is handled in each manure management system component.

(3) Average annual animal population (for each animal type) for static populations or the results of Equation JJ-4 for growing populations.

(4) Average number of days that growing animals are kept at the facility (for each animal type).

(5) The number of animals produced annually for growing populations (for each animal type).

(6) Typical animal mass (for each animal type).

(7) Total facility emissions (results of Equation JJ-15).

(8) CH4 emissions from manure management system components listed in § 98.360(b), except digesters (results of Equation JJ-2).

(9) VS value used (for each animal type).

(10) B0 value used (for each animal type).

(11) Methane conversion factor used for each MMS component.

(12) Average ambient temperature used to select each methane conversion factor.

(13) N2O emissions (results of Equation JJ-13).

(14) N value used for each animal type.

(15) N2O emission factor selected for each MMS component.

(b) Facilities with anaerobic digesters must also report:

(1) CH4 emissions from anaerobic digesters (results of Equation JJ-5).

(2) CH4 flow to the digester combustion device for each digester (results of Equation JJ-6, or value from fully integrated monitoring system as described in 98.363(b)).

(3) CH4 destruction for each digester (results of Equation JJ-11).

(4) CH4 leakage for each digester (results of Equation JJ-12).

(5) Total annual volumetric biogas flow for each digester (results of Equation JJ-7).

(6) Average annual CH4 concentration for each digester (results of Equation JJ-8).

(7) Average annual temperature at which gas flow is measured for each digester (results of Equation JJ-9).

(8) Average annual gas flow pressure at which gas flow is measured for each digester (results of Equation JJ-10).

(9) Destruction efficiency used for each digester.

(10) Number of days per year that each digester was operating.

(11) Collection efficiency used for each digester.

§ 98.367 - Records that must be retained.

In addition to the information required by § 98.3(g), you must retain the calibration records for all monitoring equipment, including the method or manufacturer's specification used for calibration.

§ 98.368 - Definitions.

All terms used in this subpart have the same meaning given in the Clean Air Act and subpart A of this part.

Appendix - Table JJ-1 to Subpart JJ of Part 98—Animal Population Threshold Level Below Which Facilities Are Not Required To Report Emissions Under Subpart JJ 1 2
Animal group Average annual animal population (Head) 3
Beef29,300
Dairy3,200
Swine34,100
Poultry:
Layers723,600
Broilers38,160,000
Turkeys7,710,000

1 The threshold head populations in this table were calculated using the most conservative assumptions (high VS and N values, maximum ambient temperatures, and the application of an uncertainty factor) to ensure that facilities at or near the 25,000 metric ton CO2e threshold level were not excluded from reporting.

2 For facilities with more than one animal group present refer to § 98.360 (2) to estimate the combined animal group factor (CAGF), which is used to determine if a facility may be required to report.

3 For all animal groups except dairy, the average annual animal population represents the total number of animals present at the facility. For dairy facilities, the average annual animal population represents the number of mature dairy cows present at the facility (note that heifers and calves were included in the emission estimates for dairy facilities using the assumption that the average annual animal population of heifers and calves at dairy facilities are equal to 30 percent of the mature dairy cow average annual animal population, therefore the average annual population for dairy facilities should not include heifers and calves, only dairy cows).

Appendix - Table JJ-2 to Subpart JJ of Part 98—Waste Characteristics Data
Animal type Typical animal mass
(kg)
Volatile solids excretion rate
(kg VS/day/1000 kg animal mass)
Nitrogen excretion rate
(kg N/day/1000 kg animal mass)
Maximum methane generation potential, Bo
(m 3 CH4/kg VS added)
Dairy Cows604See Table JJ-3See Table JJ-30.24
Dairy Heifers476See Table JJ-3See Table JJ-30.17
Dairy Calves1186.410.300.17
Feedlot Steers420See Table JJ-3See Table JJ-30.33
Feedlot heifers420See Table JJ-3See Table JJ-30.33
Market Swine <60 lbs168.800.600.48
Market Swine 60-119 lbs415.400.420.48
Market Swine 120-179 lbs685.400.420.48
Market Swine >180 lbs915.400.420.48
Breeding Swine1982.600.240.48
Feedlot Sheep259.200.420.36
Goats649.500.450.17
Horses45010.000.300.33
Hens >/= 1 yr1.810.090.830.39
Pullets1.810.090.620.39
Other Chickens1.810.800.830.39
Broilers0.915.001.100.36
Turkeys6.89.700.740.36
Appendix - Table JJ-3 to Subpart JJ of Part 98—State-Specific Volatile Solids (VS) and Nitrogen (N) Excretion Rates for Cattle
State Volatile solids excretion rate (kg VS/day/1000 kg animal mass) Nitrogen excretion rate (kg VS/day/1000 kg animal mass)
Dairy cows Dairy heifers Feedlot steer Feedlot heifers Dairy cows Dairy heifers Feedlot steer Feedlot heifers
Alabama8.408.354.274.740.500.460.360.38
Alaska7.308.354.154.580.450.460.350.37
Arizona10.378.353.914.270.580.460.330.34
Arkansas7.598.353.984.350.460.460.330.35
California10.028.353.964.330.560.460.330.34
Colorado10.258.353.974.340.580.460.330.35
Connecticut9.228.354.414.930.530.460.370.40
Delaware8.638.354.194.640.510.460.350.37
Florida8.908.354.154.580.520.460.350.37
Georgia9.078.354.184.630.530.460.350.37
Hawaii7.008.354.154.580.440.460.350.37
Idaho10.118.354.034.420.570.460.340.35
Illinois9.078.354.154.590.520.460.350.37
Indiana9.388.353.984.350.540.460.330.35
Iowa9.468.353.934.280.540.460.330.34
Kansas9.638.353.974.350.550.460.330.35
Kentucky7.898.354.204.650.480.460.350.37
Louisiana7.398.354.074.480.450.460.340.36
Maine8.998.354.074.470.520.460.340.36
Maryland9.028.354.054.450.520.460.340.35
Massachusetts8.638.354.154.580.510.460.350.37
Michigan10.058.354.004.380.570.460.340.35
Minnesota9.178.353.894.240.530.460.330.34
Mississippi8.198.354.144.570.490.460.350.37
Missouri8.028.354.084.490.480.460.340.36
Montana9.038.354.234.690.520.460.360.38
Nebraska9.098.353.984.350.530.460.330.35
Nevada9.658.354.074.480.550.460.340.36
New Hampshire9.448.353.944.300.540.460.330.34
New Jersey8.518.353.984.360.500.460.330.35
New Mexico10.348.353.884.220.580.460.320.33
New York9.428.353.754.050.540.460.310.32
North Carolina9.388.354.204.650.550.460.350.37
North Dakota8.408.353.884.220.500.460.320.34
Ohio9.018.353.964.330.520.460.330.34
Oklahoma8.588.353.984.350.500.460.330.35
Oregon9.408.354.064.460.540.460.340.36
Pennsylvania9.268.353.984.350.530.460.330.35
Rhode Island8.948.354.364.870.520.460.370.39
South Carolina9.058.354.154.580.530.460.350.37
South Dakota9.458.354.014.390.540.460.340.35
Tennessee8.608.354.485.020.510.460.380.40
Texas9.518.353.954.320.540.460.330.34
Utah9.708.353.884.220.550.460.320.34
Vermont9.038.354.104.520.520.460.340.36
Virginia9.028.353.984.350.530.460.330.35
Washington10.368.354.074.470.580.460.340.36
West Virginia8.138.354.655.250.480.460.400.42
Wisconsin9.348.353.954.310.540.460.330.34
Wyoming9.298.354.174.610.530.460.350.37
Appendix - Table JJ-4 to Subpart JJ of Part 98—Volatile Solids and Nitrogen Removal through Solids Separation
Type of solids separation Volatile solids removal (decimal) Nitrogen removal (decimal)
Gravity0.600.60
Mechanical:
Stationary Screen0.200.10
Vibrating Screen0.150.15
Screw Press0.250.15
Centrifuge0.500.25
Roller drum0.250.15
Belt press/screen0.500.30
Appendix - Table JJ-6 to Subpart JJ of Part 98—Collection Efficiencies of Anaerobic Digesters
Anaerobic digester type Cover type Methane collection efficiency
Covered anaerobic lagoon (biogas capture)Bank to bank, impermeable0.975
Modular, impermeable0.70
Complete mix, fixed film, or plug flow digesterEnclosed Vessel0.99
Appendix - Table JJ-7 to Subpart JJ of Part 98—Nitrous Oxide Emission Factors (kg N2O-N/kg Kjdl N)
Manure management system component N2O emission factor
Uncovered anaerobic lagoon0
Liquid/Slurry (with crust cover)0.005
Liquid/Slurry (without crust cover)0
Storage pits0.002
Digesters0
Solid manure storage0.005
Dry lots (including feedlots)0.02
High-rise house for poultry (poultry without litter)0.001
Poultry production with litter0.001
Deep bedding for cattle and swine (active mix)0.07
Deep bedding for cattle and swine (no mix)0.01
Manure Composting (in vessel)0.006
Manure Composting (intensive)0.1
Manure Composting (passive)0.01
Manure Composting (static)0.006
Aerobic Treatment (forced aeration)0.005
Aerobic Treatment (natural aeration)0.01
source: 74 FR 56374, Oct. 30, 2009, unless otherwise noted.
cite as: 40 CFR 98.362