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40 CFR § 98.420 - Definition of the source category.

---
identifier: "/us/cfr/t40/s98.420"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 98.420 - Definition of the source category."
title_number: 40
title_name: "Protection of Environment"
section_number: "98.420"
section_name: "Definition of the source category."
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"
---

# 98.420 Definition of the source category.

(a) The carbon dioxide (CO<sub>2</sub>) supplier source category consists of the following:

(1) Facilities with production process units that capture a CO<sub>2</sub> stream for purposes of supplying CO<sub>2</sub> for commercial applications or that capture and maintain custody of a CO<sub>2</sub> stream in order to sequester or otherwise inject it underground. Capture refers to the initial separation and removal of CO<sub>2</sub> from a manufacturing process or any other process.

(2) Facilities with CO<sub>2</sub> production wells that extract or produce a CO<sub>2</sub> stream for purposes of supplying CO<sub>2</sub> for commercial applications or that extract and maintain custody of a CO<sub>2</sub> stream in order to sequester or otherwise inject it underground.

(3) Importers or exporters of bulk CO<sub>2</sub>.

(4) Facilities with process units, including but not limited to direct air capture (DAC), that capture a CO<sub>2</sub> stream from ambient air for purposes of supplying CO<sub>2</sub> for commercial applications or that capture and maintain custody of a CO<sub>2</sub> stream in order to sequester or otherwise inject it underground.

(b) This source category is focused on upstream supply. It does not cover:

(1) Storage of CO<sub>2</sub> above ground or in geologic formations.

(2) Use of CO<sub>2</sub> in enhanced oil and gas recovery.

(3) Transportation or distribution of CO<sub>2</sub>.

(4) Purification, compression, or processing of CO<sub>2</sub>.

(5) On-site use of CO<sub>2</sub> captured on site.

(c) This source category does not include CO<sub>2</sub> imported or exported in equipment, such as fire extinguishers.

[74 FR 56374, Oct. 30, 2009, as amended at 89 FR 31943, Apr. 25, 2024]