Mandatory Reporting of Greenhouse Gases: Additional Sources of Fluorinated GHGs, 18652-18723 [2010-6768]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 69 (Monday, April 12, 2010)]
[Proposed Rules]
[Pages 18652-18723]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6768]



[[Page 18651]]

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Part IV





Environmental Protection Agency





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40 CFR Part 98



Mandatory Reporting of Greenhouse Gases: Additional Sources of 
Fluorinated GHGs; Proposed Rule

Federal Register / Vol. 75 , No. 69 / Monday, April 12, 2010 / 
Proposed Rules

[[Page 18652]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2009-0927; FRL-9130-7]
RIN 2060-AQ00


Mandatory Reporting of Greenhouse Gases: Additional Sources of 
Fluorinated GHGs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is revising and supplementing its initial proposed actions 
to require reporting of fluorinated greenhouse gas (fluorinated GHG) 
emissions from certain source categories. Specifically, EPA is revising 
and supplementing its initial proposal to require reporting of 
fluorinated GHG emissions from electronics manufacturing, production of 
fluorinated gases, and use of electrical transmission and distribution 
equipment. EPA is also proposing to require such reporting from 
manufacture or refurbishment of electrical equipment and import and 
export of pre-charged equipment and closed cell foams. This proposed 
rule would not require control of greenhouse gases; rather it would 
require only that sources above certain threshold levels monitor and 
report emissions.

DATES: Comments must be received on or before June 11, 2010. There will 
be a public hearing from 9 a.m. to 12 noon on April 20, 2010 at 1310 L 
St., NW., Room 152, Washington, DC 20005.

ADDRESSES: Submit your comments, identified by docket ID EPA-HQ-OAR-
2009-0927 by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     E-mail: GHGReportingFGHG@epa.gov.
     Fax: (202) 566-1741.
     Mail: EPA Docket Center, Attention Docket OAR-2009-0927, 
Mail code 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
     Hand/Courier Delivery: EPA Docket Center, Public Reading 
Room, Room 3334, EPA West Building, Attention Docket OAR-2009-0927, 
1301 Constitution Avenue, NW., Washington, DC 20004. Such deliveries 
are only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2009-0927. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be CBI or 
other information whose disclosure is restricted by statute. Do not 
submit information that you consider to be CBI or otherwise protected 
through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through https://www.regulations.gov your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy at EPA's Docket Center, 
Public Reading Room, EPA West Building, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC 20004. This Docket Facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division, 
Office of Atmospheric Programs (MC-6207J), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone 
number: (202) 343-9263; fax number: (202) 343-2342; e-mail address: 
GHGReportingRule@epa.gov. For technical information contact the 
Greenhouse Gas Reporting Rule e-mail: ghgmrr@epa.gov. To obtain 
information about the public hearings or to register to speak at the 
hearings, please go to https://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

SUPPLEMENTARY INFORMATION: Additional Information on Submitting 
Comments: To expedite review of your comments by Agency staff, you are 
encouraged to send a separate copy of your comments, in addition to the 
copy you submit to the official docket, to Carole Cook, U.S. EPA, 
Office of Atmospheric Programs, Climate Change Division, Mail Code 
6207-J, Washington, DC 20460, telephone (202) 343-9263, e-mail 
GHGReportingRule@epa.gov.
    As indicated above, although EPA previously proposed a version of 
some parts of this rule, that proposal has not become final. This 
proposal partly supplements and partly replaces that initial proposal. 
Comments on the initial proposal will be considered only to the extent 
they remain relevant. To ensure that their comments on newly proposed 
or re-proposed provisions are considered, parties should submit or re-
submit them at this time.
    Regulated Entities. The Administrator determined that this action 
is subject to the provisions of Clean Air Act (CAA) section 307(d). See 
CAA section 307(d)(1)(V) (the provisions of section 307(d) apply to 
``such other actions as the Administrator may determine.''). This is a 
proposed regulation. If finalized, these regulations would affect 
owners or operators of electronics manufacturing facilities, 
fluorinated gas production facilities, electric power systems, and 
electrical equipment manufacturing facilities, as well as importers and 
exporters of pre-charged equipment and closed-cell foams. Regulated 
categories and entities would include those listed in Table 1 of this 
preamble:

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           Table 1--Examples of Affected Entities by Category
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                                                  Examples of affected
             Category                 NAICS            facilities
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Electronics Manufacturing.........     334111  Microcomputers
                                                manufacturing
                                                facilities.
                                       334413  Semiconductor,
                                                photovoltaic (solid-
                                                state) device
                                                manufacturing
                                                facilities.
                                       334419  LCD unit screens
                                                manufacturing
                                                facilities.
                                       334419  MEMS manufacturing
                                                facilities.
Fluorinated GHG Production........     325120  Industrial gases
                                                manufacturing
                                                facilities.
Electrical Equipment Use..........     221121  Electric bulk power
                                                transmission and control
                                                facilities.
Electrical Equipment Manufacture        33531  Power transmission and
 or Refurbishment.                              distribution switchgear
                                                and specialty
                                                transformers
                                                manufacturing
                                                facilities.
Importers and Exporters of Pre-        423730  Air-conditioning
 charged Equipment and Closed-Cell              equipment (except room
 Foams.                                         units) merchant
                                                wholesalers.
                                       333415  Air-conditioning
                                                equipment (except motor
                                                vehicle) manufacturing.
                                       423620  Air-conditioners, room,
                                                merchant wholesalers.
                                       443111  Household Appliance
                                                Stores.
                                       326150  Polyurethane foam
                                                products manufacturing.
                                       335313  Circuit breakers, power,
                                                manufacturing.
                                       423610  Circuit breakers merchant
                                                wholesalers.
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    Table 1 of this preamble is not intended to be exhaustive, but 
rather provides a guide for readers regarding facilities likely to be 
affected by this action. Table 1 lists the types of facilities that EPA 
is now aware could be potentially affected by the reporting 
requirements. Other types of facilities and companies not listed in the 
table could also be subject to reporting requirements. To determine 
whether you are affected by this action, you should carefully examine 
the applicability criteria found in 40 CFR part 98, subpart A and the 
relevant criteria in the proposed subparts related to electronics 
manufacturing facilities, fluorinated gas production facilities, 
electrical equipment use, electrical equipment manufacturing or 
refurbishment facilities, and importers and exporters of pre-charged 
equipment and closed-cell foams. If you have questions regarding the 
applicability of this action to a particular facility, consult the 
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
    Many facilities that would be affected by the proposed rule have 
GHG emissions from multiple source categories listed in 40 CFR part 98 
or in this proposed rule. Table 2 of this preamble has been developed 
as a guide to help potential reporters in the source categories subject 
to the proposed rule identify the source categories (by subpart) that 
they may need to (1) consider in their facility applicability 
determination, and/or (2) include in their reporting. The table should 
only be seen as a guide. Additional subparts in 40 CFR part 98 may be 
relevant for a given reporter. Similarly, not all listed subparts are 
relevant for all reporters.

            Table 2--Source Categories and Relevant Subparts
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  Source category (and main applicable   Subparts recommended for review
                subpart)                   to determine  applicability
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Electricity Generation.................  Electrical Equipment Use.
Electronics Manufacturing..............  General Stationary Fuel
                                          Combustion.
Fluorinated GHG Production.............  General Stationary Fuel
                                          Combustion. Suppliers of
                                          Industrial Greenhouse Gases.
Electrical Equipment Use...............  General Stationary Fuel
                                          Combustion.
Imports and Exports of Fluorinated GHGs  Suppliers of Industrial
 Inside Pre-charged Equipment and         Greenhouse Gases.
 Closed-Cell Foams.
                                         Sulfur Hexafluoride and PFCs
                                          from Electrical Equipment
                                          Manufacture and Refurbishment.
Electrical Equipment Manufacture or      General Stationary Fuel
 Refurbishment.                           Combustion
                                         Imports and Exports of
                                          Fluorinated GHGs Inside Pre-
                                          charged Equipment and Closed-
                                          Cell Foams.
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    Acronyms and Abbreviations. The following acronyms and 
abbreviations are used in this document.

ASTM American Society for Testing and Materials
BAMM Best Available Monitoring Methods
CAA Clean Air Act
CARB California Air Resources Board
CBI confidential business information
CFC chlorofluorocarbon
CFR Code of Federal Regulations
CO2 carbon dioxide
CO2e CO2-equivalent
EIA Economic Impact Analysis
EO Executive Order
EPA U.S. Environmental Protection Agency
FERC Federal Energy Regulatory Commission
F-GHG fluorinated greenhouse gas
FTIR fourier transform infrared (spectroscopy)
FID flame ionization detector
GC gas chromatography
GHG greenhouse gas
GWP global warming potential
HCFC hydrochlorofluorocarbon
HFC hydrofluorocarbon
HFE hydrofluoroether
HTF heat transfer fluid
ICR information collection request
IPCC Intergovernmental Panel on Climate Change
kg kilograms
LCD liquid crystal displays
MEMS microelectromechanical devices
MMTCO2e million metric tons carbon dioxide equivalent
MRR mandatory greenhouse gas reporting rule
MS mass spectrometry
N2O nitrous oxide
NACAA National Association of Clean Air Agencies
NAICS North American Industry Classification System
NERC North American Energy Reliability Corporation
NESHAP National Emissions Standard for Hazardous Air Pollutants
NF3 nitrogen trifluoride

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NMR nuclear magnetic resonance
NSPS New Source Performance Standards
OMB Office of Management and Budget
PFC perfluorocarbon
PSD Prevention of Significant Deterioration
PV photovoltaic cells
QA quality assurance
QA/QC quality assurance/quality control
R&D research and development
RFA Regulatory Flexibility Act
RGGI Regional Greenhouse Gas Initiative
RIA Regulatory Impact Analysis
SSM startup, shutdown, and malfunction
SF6 sulfur hexafluoride
TCR The Climate Registry
TSD technical support document
U.S. United States
UMRA Unfunded Mandates Reform Act of 1995
VOC volatile organic compound(s)
WCI Western Climate Initiative

Table of Contents

I. Background
    A. Organization of This Preamble
    B. Background on the Proposed Rule
    C. Legal Authority
    D. Relationship to other Federal, State and Regional Programs
II. Summary of and Rationale for the Reporting, Recordkeeping and 
Verification Requirements for Specific Source Categories
    A. Electronics Manufacturing
    B. Fluorinated Gas Production
    C. Electric Transmission and Distribution Equipment Use
    D. Imports and Exports of Fluorinated GHGs inside pre-charged 
equipment and closed-cell foams
    E. Electrical Equipment Manufacture or Refurbishment
    F. Subpart A Revisions
III. Economic Impacts on the Rule
    A. How were compliance costs estimated?
    B. What are the costs of the rule?
    C. What are the economic impacts of the rule?
    D. What are the impacts of the rule on small businesses?
    E. What are the benefits of the rule for society?
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions that Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. Background

A. Organization of This Preamble

    This preamble is broken into several large sections, as detailed 
above in the Table of Contents. The paragraphs below describe the 
layout of the preamble and provide a brief summary of each section.
    The first section of this preamble contains the basic background 
information about the origin of this proposed rule, including a brief 
discussion of the initial proposed requirements for electronics, 
fluorinated gas production, and use of electrical transmission and 
distribution equipment. This section also discusses EPA's use of our 
legal authority under the CAA to collect the proposed data, and the 
benefits of collecting the data.
    The second section of this preamble provides a brief summary of, 
and rationale for, the key design elements on which EPA is seeking 
comment today for each subpart. Depending on the subpart, this section 
may include EPA's rationale for (i) the definition of the source 
category, (ii) selection of reporting threshold, (iii) selection of 
proposed reporting and monitoring methods, (iv) selection of procedures 
for estimating missing data, (v) selection of data reporting 
requirements, and (vi) selection of records that must be retained. EPA 
describes the proposed options for each design element, as well as the 
other options considered. Throughout this discussion, EPA highlights 
specific issues on which we solicit comment. Please refer to the 
specific source category of interest for more details.
    The third section provides the summary of the cost impacts, 
economic impacts, and benefits of this proposed rule from the Economic 
Analysis. Finally, the last section discusses the various statutory and 
executive order requirements applicable to this proposed rulemaking.

B. Background on the Proposed Rule

    The Final Mandatory GHG Reporting Rule (Final MRR), (40 CFR part 
98) was signed by EPA Administrator Lisa Jackson on September 22, 2009 
and published in the Federal Register on October 30, 2009 (74 FR 
56260). The Final MRR, which became effective on December 29, 2009, 
included reporting of GHGs from the facilities and suppliers that EPA 
determined should be included to appropriately respond to the direction 
in the 2008 Consolidated Appropriations Act.\1\ These source categories 
capture approximately 85 percent of U.S. GHG emissions through 
reporting by direct emitters as well as suppliers of fossil fuels and 
industrial gases.
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    \1\ Consolidated Appropriations Act, 2008, Public Law 110-161, 
121 Stat. 1844, 2128.
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    In the April 2009 proposed mandatory GHG reporting rule, the 
electronics, fluorinated GHG production, and electrical equipment use 
source categories were included as subparts I, L, and DD. In addition, 
EPA requested comment on requiring reporting under subpart OO of the 
quantities of fluorinated GHGs imported and exported inside pre-charged 
equipment and foams. EPA received a number of lengthy, detailed 
comments regarding proposed subparts I and L, several comments 
regarding the definition of ``facility'' under subpart DD, and several 
comments regarding a reporting requirement for imports and exports of 
fluorinated GHGs contained inside pre-charged equipment and foams. 
These comments, which are described in more detail in the discussions 
of the individual source categories below, raised concerns about the 
costs and technical feasibility of implementing subparts I and L as 
initially proposed, requested clarification of how ``facility'' should 
be interpreted under subpart DD, and both favored and opposed a 
requirement to report imports of fluorinated GHGs contained in imported 
and exported pre-charged equipment and closed-cell foams.
    EPA recognized the concerns raised by stakeholders, and decided not 
to finalize subparts I, L, and DD with the Final MRR, but instead to 
re-propose significant pieces of these subparts. For subparts I and L 
this proposal incorporates a number of changes including, but not 
limited to, the addition of different methodologies that provide 
improved emissions coverage at a lower cost burden to facilities as 
compared to the initial proposal. Where aspects of the initial 
proposals for subparts I and L are retained in this proposal, such as 
in the basic mass-balance methodology for subpart L (as an option for 
some facilities) and in many of the equations for subpart I, today's 
proposal adds more flexibility in how and how frequently the underlying 
data are gathered. In addition, EPA is proposing requirements to report 
emissions from manufacture or refurbishment of electrical equipment and 
to report the quantities of fluorinated GHGs imported and exported 
inside pre-charged equipment and foams.
    We believe the monitoring approaches proposed in this action, which 
combine direct measurement and facility-specific calculations, 
effectively balance

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accuracy and costs, and that they are warranted even though the rule 
does not contain any emissions reduction requirements. As we stated in 
the Final MRR, the data collected by the rule are expected to be used 
in analyzing and developing a range of potential CAA GHG policies and 
programs. A consistent and accurate data set is crucial to serve this 
intended purpose.
    Under this proposed rule, facilities not already reporting but 
required to report under this rule would begin data collection in 2011 
following the methods outlined in the proposed rule and would submit 
data to EPA by March 31, 2012. As is the case under the Final MRR, 
facilities would have the option to use Best Available Monitoring 
Methods (BAMM) for the first quarter of the first reporting year for 
the source categories included in this proposed rule. Thus, for these 
source categories, facilities could use BAMM through March 31, 2011.

C. Legal Authority

    EPA is proposing this rule under its existing CAA authority, 
specifically authorities provided in CAA section 114. As discussed 
further below and in ``Mandatory Greenhouse Gas Reporting Rule: EPA's 
Response to Public Comments, Legal Issues'' (available in EPA-HQ-OAR-
2008-0508), EPA is not citing the FY 2008 Consolidated Appropriations 
Act as the statutory basis for this action. While that law required 
that EPA spend no less than $3.5 million on a rule requiring the 
mandatory reporting of GHG emissions, it is the CAA, not the 
Appropriations Act, that EPA is citing as the authority to gather the 
information proposed by this rule.
    As stated in the Final MRR, CAA section 114 provides EPA broad 
authority to require the information proposed by this rule because such 
data would inform and are relevant to EPA's carrying out a wide variety 
of CAA provisions. As discussed in the initial proposed rule (74 FR 
16448, April 10, 2009), CAA section 114(a)(1) authorizes the 
Administrator to require emissions sources, persons subject to the CAA, 
or persons whom the Administrator believes may have necessary 
information to monitor and report emissions and provide such other 
information the Administrator requests for the purposes of carrying out 
any provision of the CAA. EPA notes that while climate change 
legislation approved by the U.S. House of Representatives, and pending 
in the U.S. Senate, would provide EPA additional authority for a GHG 
registry similar to this proposed rule, and would do so for purposes of 
that pending legislation, this proposed rule is authorized by, and the 
information being gathered by this proposed rule is relevant to 
implementing, the existing CAA. EPA expects, however, that the 
information collected by this proposed rule would also prove useful to 
legislative efforts to address GHG emissions.
    For further information about EPA's legal authority, see the 
proposed and Final MRR.

D. Relationship to Other Federal, State and Regional Programs

    In developing this proposed rule, EPA reviewed monitoring methods 
included in international guidance (e.g., Intergovernmental Panel on 
Climate Change), as well as Federal voluntary programs (e.g., EPA PFC 
Reduction/Climate Partnership for the Semiconductor Industry and the 
U.S. Department of Energy Voluntary Reporting of Greenhouse Gases 
Program (1605(b) of the Energy Policy Act), corporate protocols (e.g., 
World Resources Institute and World Business Council for Sustainable 
Development GHG Protocol) and industry guidance (e.g., 2006 ISMI 
Guideline for Environmental Characterization of Semiconductor Process 
Equipment).
    EPA also reviewed State reporting programs (e.g., California and 
New Mexico) and Regional partnerships (e.g., Regional Greenhouse Gas 
Initiative, Western Climate Initiative, The Climate Registry). These 
are important programs that not only led the way in reporting of GHG 
emissions before the Federal government acted but also assist in 
quantifying the GHG reductions achieved by various policies. Many of 
these programs collect different or additional data as compared to this 
proposed rule. For example, State programs may establish lower 
thresholds for reporting, request information on areas not addressed in 
EPA's reporting rule, or include different data elements to support 
other programs (e.g., offsets). For further discussion on the 
relationship of this proposed rule to other programs, please refer to 
the preamble to the Final MRR.

II. Summary of and Rationale for the Reporting, Recordkeeping and 
Verification Requirements for Specific Source Categories

A. Electronics Manufacturing

1. Overview of Reporting Requirements
    Electronics manufacturing includes, but is not limited to, the 
manufacture of semiconductors, liquid crystal displays (LCDs), micro-
electro-mechanical systems (MEMS), and photovoltaic cells (PV). The 
electronics industry uses multiple long-lived fluorinated greenhouse 
gases (fluorinated GHGs) such as perfluorocarbons (PFCs), 
hydrofluorocarbons (HFCs), sulfur hexafluoride (SF6), and 
nitrogen trifluoride (NF3), as well as nitrous oxide 
(N2O). This proposed rule would apply to electronics 
manufacturing facilities where emissions from electronics manufacturing 
processes such as plasma etching, chemical vapor deposition, chamber 
cleaning, and heat transfer fluid use as well as stationary fuel 
combustion units equal or exceed 25,000 metric tons of CO2e 
per year.\2\ In this action, we are proposing methods to estimate 
emissions from cleaning and etching for semiconductor, LCD, MEMS, and 
PV manufacture and also methods for estimating N2O emissions 
from chemical vapor deposition and other manufacturing processes such 
as chamber cleaning. We are also clarifying methods for estimating 
emissions from heat transfer fluids. And lastly, we are proposing 
methods for reporting controlled emissions from abatement systems.
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    \2\ As discussed further below, EPA is proposing that 
uncontrolled emissions be used for purposes of determining whether a 
facility's emissions are equal to or greater than 25,000 
mtCO2e.
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2. Major Changes Since Initial Rule Proposed
    In the initial proposal for electronics manufacturing, we included 
the following provisions for reporting emissions from electronics 
manufacture: (1) A capacity-based threshold for semiconductors, LCDs, 
and MEMS facilities and an emissions-based threshold for PV facilities; 
(2) methods for estimating fluorinated GHG emissions from etching and 
cleaning; (3) methods for estimating N2O emissions during 
etching and cleaning; (4) methods for verifying destruction or removal 
efficiency (DRE) of abatement systems; and (5) methods for estimating 
emissions from heat transfer fluids.
    As noted in the preamble to the Final MRR, we received a number of 
lengthy, detailed comments regarding the electronics manufacturing 
subpart. In total, we received comments from approximately 10 entities 
on the proposed rule regarding electronics manufacture. The commenters 
generally opposed the proposed reporting requirements for large 
semiconductor facilities and stated that excessive monitoring and 
reporting were required. For example, commenters asserted that they do 
not currently collect the data required to report using an IPCC Tier 3

[[Page 18656]]

approach, and that to collect such data would entail significant burden 
and capital costs. In most cases, commenters provided alternative 
approaches to each of the reporting requirements.
    We have carefully reviewed the comments, issues, and suggestions 
raised by stakeholders regarding electronics manufacturing. In 
response, we are revising our initial proposal and are proposing the 
following reporting provisions for electronics manufacture: (1) A 
single emissions-based reporting threshold for all semiconductor, LCD, 
MEMS, and PV facilities; (2) modified methods for estimating emissions 
from cleaning and etching activities for semiconductor facilities and 
other electronics facilities including those that manufacture LCDs, 
MEMS, and PVs; (3) modified methods for estimating facility 
N2O emissions; (4) clarified methods for estimating 
emissions from heat transfer fluids; and (5) revised methods for 
reporting controlled emissions from abatement systems.
    In the paragraphs below, we summarize the main provisions included 
in the initial proposal for reporting emissions from electronics 
manufacturing and we briefly summarize the major changes that are being 
proposed today. For more detailed information on the initial proposal, 
see the electronics manufacturing section of EPA's proposed MRR (74 FR 
16448, April 10, 2009).
    Reporting Threshold. In the initial proposal, we proposed a 
capacity-based threshold, requiring those facilities with emissions 
equal to or greater than the thresholds to report their GHG emissions. 
We proposed production capacity-based thresholds of 1,080 m \2\, 1,020 
m \2\, and 236,000 m \2\ of substrate for semiconductor, MEMS, and LCD 
manufacturing facilities, respectively. The capacity-based threshold 
proposed were equivalent to 25,000 mtCO2e using the IPCC 
2006 Tier 1 default factors and assumed no abatement. Where IPCC 2006 
Tier 1 default emission factors were unavailable (i.e., MEMS), the 
emission factor was estimated based on relevant IPCC Tier 1 emission 
factors for semiconductor production. Due to a lack of information on 
use and emissions of fluorinated GHGs for PV manufacture, we proposed 
an emissions-based threshold of 25,000 mtCO2e for those 
facilities. We proposed to use a capacity-based threshold based on the 
published capacities of facilities, as opposed to an emissions-based 
threshold, where possible, because we believed that it simplified the 
applicability determination.
    Several commenters stated that the proposed capacity-based 
threshold created ambiguity. For example, one commenter noted that it 
was unclear how production capacity was defined as actual manufacturing 
levels could fluctuate year by year. In response to these comments, we 
are now proposing a single emissions-based threshold equal to or 
greater than 25,000 metric tons of CO2e per year for 
electronics manufacturing facilities. We have concluded that a single 
emissions-based threshold will simplify the applicability determination 
and that by applying the method for determining whether the threshold 
is met, a facility will be able to quickly determine whether they must 
report under this rule.
    Estimating Emissions from Cleaning and Etching Processes. With 
respect to estimating emissions from chamber cleaning and etching, in 
our initial proposal, we outlined two different methods; one method for 
relatively large semiconductor facilities, and another method for all 
other semiconductor facilities and LCD, MEMS, and PV facilities 
required to report. We defined large semiconductor facilities as those 
facilities with annual capacities of greater than 10,500 m\2\ silicon 
(equivalent to 29 out of 175 total semiconductor manufacturing 
facilities). For large semiconductor facilities we proposed an approach 
based on the IPCC Tier 3 method that required the use of company-
specific data for (1) gas consumption, (2) gas utilization,\3\ (3) by-
product formation \4\, and (4) DRE for all emissions abatement 
processes at the facility. As we stated in the initial proposal, we had 
concluded that large semiconductor facilities were already using Tier 3 
methods and/or had the necessary data readily available either in-house 
or from suppliers to apply the highest Tier method. For smaller 
semiconductor facilities and LCD, MEMS, and PV facilities, we proposed 
an approach based on the IPCC Tier 2b method, which required using 
default emission factors for process utilization, by-product formation, 
and site-specific DRE measurements.
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    \3\ For purposes of electronics manufacturing, we are using the 
term ``gas utilization'' to describe the fraction of input 
N2O or fluorinated GHG converted to other substances 
during the etching, deposition, and/or chamber/wafer cleaning 
processes. Gas utilization is expressed as a rate or factor for 
specific manufacturing processes. ``Utilization'' should not be 
confused with ``use;'' ``use'' refers to gas consumption or the 
quantity of gas fed into process at an electronics manufacturing 
facility.
    \4\ For purposes of electronics manufacturing, ``by-product 
formation'' is the quantity of fluorinated GHGs created during 
electronics manufacturing processes. Fluorinated GHG by-products may 
also be formed by abatement devices.
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    Comments received in response to our initial proposal stated that 
the 2006 IPCC Tier 3 method would be overly burdensome for 
semiconductor manufacturers and that process-specific emission factors 
do not exist for many tools and processes. The commenters noted that 
most semiconductor facilities do not track gas consumption by tool or 
process-type and that currently, only one large semiconductor company 
uses the Tier 3 method. Generally, commenters requested the use of the 
2006 IPCC Tier 2b method.
    In response to these comments, we are now proposing the use of a 
``Refined Method'' for estimating these emissions from semiconductor 
facilities. Our revised methodology includes a simpler approach to 
estimating emissions from cleaning and etching as compared to the Tier 
3 method that was initially proposed for larger semiconductor 
facilities. To this end, we estimate that our proposed methodology will 
result in a reduction in burden compared to the Tier 3 method for those 
facilities previously defined as large semiconductor facilities, and an 
improvement in accuracy of the emissions estimate as compared to the 
2006 IPCC Tier 2b method. Furthermore, since we anticipate that all 
semiconductor facilities already have, or have ready access to, the 
information required by this proposed methodology, we are also 
proposing to require all semiconductor facilities required to report to 
estimate emissions using the Refined Method. We have concluded the 
method we are proposing is the most appropriate method taking into 
account both the cost to the reporter as well as accuracy of emissions 
achieved.
    For LCD, MEMS, and PV facilities, in this action we are proposing 
to require an approach based on a slightly modified 2006 IPCC Tier 2b 
method which would include (1) gas-and facility-specific heel factors 
(consistent with the requirements we are proposing for semiconductor 
facilities), (2) gas consumption apportioned to 2006 IPCC Tier 2b 
process categories (i.e. clean and etch), (3) default factors 
consistent with the 2006 IPCC Tier 2b factors, and (4) methods for 
reporting controlled emissions from abatement systems (as proposed 
below). The main difference between the method proposed in this revised 
proposal and in the initial proposal is the addition of a gas-and 
facility-specific heel factor to determine overall gas consumption. We 
did not receive any comments on the Tier 2b method that we proposed for 
LCD, MEMS, and PV facilities in our initial proposal. We are proposing 
to add the requirement of gas-and-facility specific

[[Page 18657]]

heel factors based on comments received from semiconductor facilities 
in response to the initial proposal. It is our understanding that LCD, 
MEMS, and PV facilities have the data required to develop a gas-and-
facility specific heel factors and that it can be implemented with 
minimal burden.
    Estimating Facility N2O Emissions. In our initial proposal, our 
approach required that facilities estimate annual N2O 
emissions using a simple mass-balance method. This method assumed that 
all N2O consumed is emitted (i.e., not converted or 
destroyed). We also requested comment on utilization factors for 
N2O as well as on data on N2O by-product 
formation.
    In response to our initial proposal, we received comments that 
clarified that N2O is used primarily in the chemical vapor 
deposition process. Commenters opposed our proposed method for 
estimating N2O emissions, which assumed 100 percent 
N2O used is emitted, and asserted that semiconductor 
facilities should be permitted to use measured N2O emission 
factors where these factors were measured using methods consistent with 
the December 2006 International SEMATECH Manufacturing Initiative's 
Guideline for Environmental Characterization of Semiconductor Process 
Equipment (2006 ISMI Guidelines). Commenters also noted that facilities 
that have not developed N2O emission factors should be 
allowed to use a default emission factor of 60 percent, reflecting 
N2O utilization of 40 percent.\5\ Lastly, commenters 
asserted that those companies that have a measured DRE for 
N2O abatement be allowed to apply these DREs in the emission 
estimates.
---------------------------------------------------------------------------

    \5\ The 40% utilization rate (60% emission factor) was 
identified based on a survey of industry conducted by ISMI and 
provided in comments in response to the initial proposal.
---------------------------------------------------------------------------

    We are now proposing two methods for estimating N2O 
emissions from electronics manufacturing: one for estimating 
N2O emissions from chemical vapor deposition and another for 
estimating N2O emissions from all other manufacturing 
processes such as chamber cleaning.
    Reporting Controlled Emissions From Abatement Systems. The 
emissions estimation method originally proposed accounted for 
destruction by abatement systems only if facilities verified the 
performance of their systems using one of two methods. In particular, 
we proposed to require that the DRE be verified by either (1) 
measurement by the facility using the methods described in EPA's 
Protocol for Measuring Destruction or Removal Efficiency of Fluorinated 
Greenhouse Gas Abatement Equipment in Electronics Manufacturing (EPA's 
DRE Protocol), or (2) purchase by the facility of abatement systems 
that were tested by a third party using a standard protocol such as 
EPA's DRE Protocol.
    We also proposed to require that facilities use the systems within 
the manufacturer's specified system lifetime, operate the system within 
the manufacturer specific limits for the gas mix and exhaust flow rate 
intended for the fluorinated GHG destruction, and maintain the 
equipment according to the manufacturer's guidelines.
    In response to the initial proposal, commenters were generally 
opposed to EPA's initial approach for measuring DRE, noting that 
according to the Results of the ISMI ESH Technology Center Greenhouse 
Gas Facility Survey, less than one percent of installed abatement 
systems have been properly tested using the draft EPA Protocol and that 
generally, facilities use the IPCC default factors or manufacturer-
supplied measurements. In addition, commenters were also opposed to 
EPA's proposed requirement that facilities rely on manufacturer-
specified system lifetime as properly maintained and serviced abatement 
systems can last beyond the manufactures' specified lifetime. For 
purposes of this reporting rule, we are now proposing that facilities 
that wish to document and report fluorinated GHG and N2O 
emissions reflecting the use of abatement systems adhere to a method 
that would require (1) documentation to certify that the abatement 
device is installed, operated, and maintained according to 
manufacturers' specifications, (2) accounting for the system's uptime, 
and (3) either certification that the abatement system is specifically 
designed for fluorinated GHG and N2O abatement and the use 
of EPA default DRE value, or directly and properly measured DRE (i.e., 
in accordance with EPA DRE Protocol) confirming abatement system's 
performance.
    Estimating Emissions from Heat Transfer Fluids. To estimate the 
emissions from heat transfer fluids we proposed to require that 
electronics manufacturers use the 2006 IPCC Tier 2 approach, which is 
based on a mass-balance method. As we stated in the initial proposal, 
the 2006 IPCC Tier 2 approach uses company-specific data and accounts 
for differences among facilities' heat transfer fluids, leak rates, and 
service practices.
    In comments we received on our initial proposal, it was noted that 
our proposed method for estimating emissions from heat transfer fluids 
would require companies to compile a detailed inventory of all 
fluorinated heat transfer equipment and its nameplate capacity. 
Comments stated that such a mass balance approach would be overly 
burdensome.
    In evaluating these comments, we believe that there was some 
confusion regarding our intended method. As a result, we are not 
changing the broad outlines of our initial proposal, but we are 
clarifying required data elements.
3. Definition of the Source Category
    The electronics industry uses multiple long-lived fluorinated GHGs 
such as PFCs, HFCs, SF6, and NF3, as well as 
N2O, during manufacturing of semiconductors, LCDs, MEMS, and 
PV. We understand that there are other electronics manufacturers such 
as those facilities that manufacture light-emitting diodes (LEDs) and 
disk readers that use fluorinated GHGs in similar manufacturing 
processes as semiconductors. As a result, we are seeking information on 
fluorinated GHG and N2O emissions associated with the 
manufacture of these products and also comment on whether to include 
them as part of the electronics manufacturing source category. It is 
our intent to include these other sources as part of the electronics 
manufacturing source category in the final rule where their emissions 
meet or exceed our proposed threshold of 25,000 mtCO2e.
    Fluorinated GHGs are used for plasma etching of silicon materials, 
cleaning deposition tool chambers, and wafer cleaning. N2O 
is also used in depositing certain films and chamber cleaning. 
Additionally, electronics manufacturing employs fluorinated GHGs 
(typically liquids at ambient temperature) as heat transfer fluids. The 
most common fluorinated GHGs in use for these purposes are 
CHF3 (HFC-23), CF4, C2F6, 
NF3, SF6 and FluorinertTM and 
Galden[reg] heat transfer fluids; other compounds such as 
perfluoropropane (C3F8) and perfluorocyclobutane 
(c-C4F8) are also used in smaller quantities 
(EPA, 2008a). Table 3 of this preamble presents fluorinated GHGs 
typically used during manufacture of electronics devices.

[[Page 18658]]



 Table 3--Examples of Fluorinated GHGs Used by the Electronics Industry
------------------------------------------------------------------------
                                           Fluorinated GHGs used during
              Product type                         manufacture
------------------------------------------------------------------------
Electronics (e.g., Semiconductor, MEMS,  CF4, C2F6, C3F8, c-C4F8, c-
 LCD, PV).                                C4F8O, C4F6, C5F8, CHF3,
                                          CH2F2, NF3, SF6, and Heat
                                          Transfer Fluids (CF3-(O-
                                          CF(CF3)-CF2)n-(O-CF2)m-O-CF3,
                                          CnF2n+2, CnF2n+1(O)CmF2m+1,
                                          CnF2nO, (CnF2n+1)3N) \a\
------------------------------------------------------------------------
\a\ IPCC Guidelines do not specify the fluorinated GHGs used for MEMS
  production. Literature reviews revealed that among others CF4, SF6,
  and the Bosch process (consisting of alternating steps of SF6 and c-
  C4F8) are used to manufacture MEMS. For further information, see the
  Electronics Manufacturing TSD in the docket for this rulemaking (EPA-
  HQ-OAR-2009-0927).

    Description of Electronics Manufacturing Processes and Activities. 
Fluorinated GHG and N2O emissions result from the following 
electronics processes and activities:
    (1) Plasma etching;
    (2) Chemical vapor deposition;
    (3) Chamber cleaning;
    (4) Wafer cleaning; and
    (5) Heat transfer fluid use.
    Plasma etching, essential to fabricating intricate, nanometer size 
features in contemporary electronic devices, is the removal of solid 
material from a substrate surface with gaseous reactants, in plasma, to 
produce gaseous products, which are then pumped away and disposed. 
Unless abated, unreacted fluorinated reactants or fluorinated GHG by-
products from etching are emitted into the atmosphere.
    Typical fluorinated GHG etching reagents, used either individually 
or in combination, are CF4, CHF3, 
C2F6 and c-C4F8 for silicon 
dioxide and nitride films; CF4, NF3 and 
SF6 for polysilicon films; and CHF3 for aluminum 
and SF6 for tungsten films. A typical fluorinated GHG by-
product from etching processes is CF4; in some instances 
C2F6 may also be formed.
    Deposition is a fundamental step in the fabrication of a variety of 
electronic devices. During deposition, layers of dielectric, barrier, 
or electrically conductive films are deposited or grown on a wafer or 
other substrate. Chemical vapor deposition enables the deposition of 
dielectric or metal films. During the chemical vapor deposition 
process, gases that contain atoms of the material to be deposited react 
on the wafer surface to form a thin film of solid material. Films 
deposited by chemical vapor deposition may be silicon oxide, single-
layer crystal epitaxial silicon, amorphous silicon, silicon nitride, 
dielectric anti-reflective coatings, low k dielectric, aluminum, 
titanium, titanium nitride, polysilicon, tungsten, refractory metals or 
silicides. Nitrous oxide may be the oxidizer of choice during 
deposition of silicon oxide films.
    Chambers used for depositing polysilicon, dielectric and metal 
films are cleaned periodically using fluorinated GHGs, N2O, 
and other gases. During the cleaning cycle, the gas is converted to 
fluorine atoms in plasma, which etches away residual silicon-containing 
material from chamber walls, electrodes, and chamber hardware. 
Undissociated fluorinated gases and other fluorinated and non-
fluorinated products pass from the chamber to waste streams and, unless 
emissions control systems are employed, into the atmosphere.
    Typical fluorinated GHGs used for chamber cleaning are 
NF3, C2F6 and 
C3F8. N2O may also be used to reduce 
particle formation during chamber cleaning. As with etching films, 
fluorinated GHG by-products may be formed during chamber cleaning, 
typically CF4.
    During wafer processing, any residual photoresist material can be 
removed through an ashing process, which consists of placing partially 
processed wafers in an oxygen plasma to which CF4 may be 
added. The edges of wafers (the bevel) may require 
additional cleaning to remove yield-reducing residual material. Bevel 
cleaning may also use a plasma process with fluorinated gas chemistry. 
In both of these wafer cleaning processes, unused fluorinated GHGs are 
emitted unless abated.
    Fluorinated GHG liquids (at ambient temperature) such as fully 
fluorinated linear, branched or cyclic alkanes, ethers, tertiary amines 
and aminoethers, and mixtures thereof are used as heat transfer fluids 
at several semiconductor facilities to cool process equipment, control 
temperature during device testing, and solder semiconductor devices to 
circuit boards. The fluorinated heat transfer fluid's high vapor 
pressures can lead to evaporative losses during use.\6\
---------------------------------------------------------------------------

    \6\ Electronics Manufacturing TSD (EPA-HQ-OAR-2009-0927); 2006 
IPCC Guidelines.
---------------------------------------------------------------------------

    Our understanding is that heat transfer fluids are widely used 
within semiconductor manufacturing. We are seeking comment on the 
extent of use and annual replacement quantities of heat transfer fluids 
in other electronics sectors, such as their use for cooling or cleaning 
during LCD manufacture.
    Total U.S. Emissions From Electronics Manufacturing. Emissions of 
fluorinated GHGs from 216 electronics facilities were estimated to be 
6.1 million metric tons CO2e in 2006. Below is a breakdown 
of emissions by electronics product type.
    Semiconductors. Emissions of fluorinated GHGs, including heat 
transfer fluids, from 175 semiconductor facilities were estimated to be 
5.9 million metric tons CO2e in 2006. Of the total estimated 
semiconductor emissions, 5.4 million metric tons CO2e are 
from etching/chamber cleaning and 0.5 million metric tons 
CO2e are from heat transfer fluid usage.
    MEMS. Emissions of fluorinated GHGs from 12 MEMS facilities were 
estimated to be 0.1 million metric tons CO2e in 2006.
    LCDs. Emissions of fluorinated GHGs from 9 LCD facilities were 
estimated to be 0.02 million metric tons CO2e in 2006.
    PV. Emissions of fluorinated GHGs from 20 PV facilities were 
estimated to be 0.07 million metric tons CO2e in 2006. We 
request comment on the number and capacity of PV facilities that employ 
thin film technologies (i.e., amorphous silicon) and other PV 
manufacturing facilities in the United States using fluorinated GHGs.
    For additional background information on the electronics industry, 
refer to the Electronics Manufacturing Technical Support Document (TSD) 
in the docket for this rulemaking (EPA-HQ-OAR-2009-0927).
4. Threshold for Reporting
    For facilities that manufacture semiconductors, LCD, MEMS, and PV, 
we are proposing an emissions-based threshold of 25,000 
mtCO2e. Consistent with other sections of the Final MRR, EPA 
is proposing that for the purposes of determining whether a facility 
emits amounts equal to or greater than 25,000 mtCO2e, a 
facility must include emissions from all source categories for which 
methods are provided in the rule. For purposes of the threshold 
determination under subpart I, we are proposing two different methods, 
depending on whether the facility

[[Page 18659]]

manufacturers semiconductors, MEMS, LCDs or PVs (see proposed section 
98.91). It is important to note that these methods are only for 
determining whether a facility exceeds the threshold; the proposed 
methods required for monitoring and reporting emissions data are 
presented in section 5 below.
    To determine whether a manufacturer falls above or below the 
proposed 25,000 mtCO2e threshold, we are proposing that 
semiconductor, MEMS, and LCD facilities use gas specific emission 
factors assuming 100 percent manufacturing capacity to calculate annual 
metric tons of emissions in CO2 equivalents. Because we 
understand that heat transfer fluids are widely used within 
semiconductor manufacturing, we are proposing that semiconductor 
manufacturers add 10 percent of total clean and etch emissions at a 
facility to their estimate. For applicability purposes, we propose that 
manufacturing capacity means the facility's full planned design 
capacity.
    The gas specific emission factors we are proposing to use for 
threshold applicability for semiconductors and LCD facilities are 
consistent with the 2006 IPCC Tier 1 emission factors. For MEMS, 
because there are no IPCC factors available, we are assuming that 
SF6 accounts for 100 percent of the sector's total 
emissions. The emission factor we are proposing for threshold 
applicability is based on the assumption that the MEMS SF6 
emission factor is equivalent to the IPCC Tier 1 SF6 
emission factor for semiconductors, scaled up by a factor of 5.\7\
---------------------------------------------------------------------------

    \7\ For a more detailed explanation of MEMS default factor, 
please refer to the Electronics Manufacturing TSD (EPA-HQ-OAR-2009-
0927).
---------------------------------------------------------------------------

    We are proposing that PV facilities multiply annual fluorinated GHG 
purchases or consumption by the gas-appropriate 100-year GWPs, as 
defined in Table A-1 of subpart A of part 98, to calculate annual 
metric tons of emissions in CO2 equivalents. None of these 
calculations would account for emission abatement systems.
    We are proposing to require an emissions estimating method that 
does not account for destruction by abatement systems because actual 
emissions from facilities employing abatement systems may exceed 
estimates when based on the manufacturers' rated DREs of the equipment 
and may therefore exceed the 25,000 mtCO2e threshold without 
the knowledge of the facility operators. When abatement equipment is 
used, electronics manufacturers often estimate their emissions using 
the manufacturer-supplied DRE for the system. However, an abatement 
system may fail to achieve its rated DRE either because it was not 
installed properly, is not being properly operated and maintained, or 
because the DRE value itself was incorrectly measured due to a failure 
to properly account for the effects of dilution. For example, reported 
DREs for CF4 can be overstated by as much as a factor of 20 
to 50, and the corresponding figure for C2F6 can 
be overstated by a factor of up to 10 because of failure to properly 
account for dilution (Burton, 2007).
    In our analysis of the emissions thresholds, we considered 
thresholds of 1,000 mtCO2e, 10,000 mtCO2e, 25,000 
mtCO2e, and 100,000 mtCO2e per year. To estimate 
the number of semiconductor facilities that would have to report under 
each of the various thresholds, we estimated emissions for each 
facility in the U.S. by using IPCC Tier 1 emission factors. These 
emissions estimates were then evaluated to determine how many 
facilities would meet the various thresholds. To estimate the 
collective emissions from the facilities that would have to report 
under the various thresholds, we used information from EPA's PFC 
Reduction/Climate Partnership for Semiconductors and the EPA PFC 
Emissions Vintaging Model.
    To estimate the number of LCD and PV facilities that would have to 
report under the various thresholds, as well as the collective 
emissions from these facilities, we used IPCC Tier 1 emission factors. 
Because IPCC emission factors for MEMS are not available, the number of 
facilities that would have to report and the collective emissions from 
these facilities were determined using an emission factor based on a 
relevant IPCC Tier 1 emission factor for semiconductor production.\8\ 
All of our analyses assumed no abatement.
---------------------------------------------------------------------------

    \8\ For a more detailed explanation of MEMS default emission 
factor, please refer to the Electronics Manufacturing TSD (EPA-HQ-
OAR-2009-0927).
---------------------------------------------------------------------------

    Table 4 of this preamble shows emissions and facilities that would 
be captured by the respective emissions thresholds.

                              Table 4--Threshold Analysis for Electronics Industry
----------------------------------------------------------------------------------------------------------------
                                                                    Emissions covered       Facilities covered
Emission threshold level metric tons     Total     Total number ------------------------------------------------
               CO2e/yr                  national        of       metric tons
                                       emissions    facilities     CO2e/yr     Percent    Facilities    Percent
----------------------------------------------------------------------------------------------------------------
1,000...............................    5,984,463           216    5,962,091       99.6           165         76
10,000..............................    5,984,463           216    5,813,200         97           114         53
25,000..............................    5,984,463           216    5,622,570         94            94         44
100,000.............................    5,984,463           216    4,737,622         79            55         26
----------------------------------------------------------------------------------------------------------------

    We selected the 25,000 mtCO2e per year threshold because 
it maximizes emissions reporting, while excluding small facilities that 
do not contribute significantly to the overall GHG emissions.
    Table 5 of this preamble shows the estimated emissions and number 
of facilities that would report for each type of source under the 
proposed emissions-based thresholds.

                                          Table 5--Summary of Rule Applicability Under the Proposed Thresholds
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                               Total        Emissions covered       Facilities covered
                                                                                  Total      emissions  ------------------------------------------------
              Emissions source                           Threshold              national     of source
                                                                               facilities     (metric    metric tons   Percent    Facilities    Percent
                                                                                             tons CO2e)    CO2e/yr
--------------------------------------------------------------------------------------------------------------------------------------------------------
Semi-conductors.............................  25,000 Mt CO2 Eq..............           175    5,741,676    5,492,066         96            91         52

[[Page 18660]]

 
MEMS........................................  25,000 Mt CO2 Eq..............            12      146,115       96,164         66             2         17
LCD.........................................  25,000 Mt CO2 Eq..............             9       23,632            0          0             0          0
PV..........................................  25,000 Mt CO2 Eq..............            20       73,039       34,340         47             1          5
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The proposed emissions-based thresholds are estimated to include 
approximately 50 percent of semiconductor facilities and between 
approximately 5 percent and 17 percent of the facilities manufacturing 
PV and MEMS, respectively. At the same time, the thresholds are 
expected to cover nearly 96 percent of fluorinated GHG emissions from 
semiconductor facilities, 66 percent of fluorinated GHG emissions from 
facilities manufacturing MEMS, and 47 percent of fluorinated GHG 
emissions from facilities manufacturing PV. Combined, these emissions 
are estimated to account for close to 94 percent of fluorinated GHG 
emissions from the electronics industry as a whole.
    Based on our current analysis, facilities manufacturing LCDs are 
not expected to meet the proposed threshold. In addition, only 2 MEMS 
facilities and 1 PV facility are expected to be covered. The data and 
information that we currently have on MEMS, LCD, and PV manufacturing, 
however, is limited and incomplete. We are including these sectors 
because they have similar fluorinated GHG and N2O use and 
manufacturing processes as those of semiconductor manufacturing and 
they are high growth sectors. We estimate that emissions from MEMS, 
LCD, and PV may be higher than our data show currently and we expect 
them to increase in the future.
    For additional background information on the threshold analysis, 
refer to the Electronics Manufacturing TSD. For specific information on 
costs, including unamortized first year capital expenditures, please 
refer to the EIA and the EIA cost appendix.
5. Selection of Proposed Monitoring Methods
    We are proposing methods to monitor and estimate fluorinated GHG 
and N2O emissions from semiconductor, LCD, MEMS, and PV 
manufacture. The proposed methods discussed below include the 
following: (a) Estimating emissions from cleaning and etching 
processes; (b) estimating facility N2O emissions; (c) 
estimating emissions from heat transfer fluids; and (d) reporting 
controlled emissions from abatement equipment. The methods described 
and proposed in this section are for estimating emissions that would be 
required to be reported under this subpart (see proposed sections 98.93 
and 98.94). It is important to note that these methods differ from 
those proposed in the section above which are for determining 
applicability of the subpart.
a. Methods for Estimating Em