40 CFR § 98.395 - Procedures for estimating missing data.

---
identifier: "/us/cfr/t40/s98.395"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 98.395 - Procedures for estimating missing data."
title_number: 40
title_name: "Protection of Environment"
section_number: "98.395"
section_name: "Procedures for estimating missing data."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "98"
part_name: "MANDATORY GREENHOUSE GAS REPORTING"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401-7671q."
regulatory_source: "74 FR 56374, Oct. 30, 2009, unless otherwise noted."
cfr_part: "98"
---


# 98.395 Procedures for estimating missing data.

(a) *Determination of quantity.* Whenever the quality assurance procedures in § 98.394(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) 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.

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