Mandatory Reporting of Greenhouse Gases: Additional Sources of Fluorinated GHGs, 74774-74861 [2010-28803]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 230 (Wednesday, December 1, 2010)]
[Rules and Regulations]
[Pages 74774-74861]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28803]



[[Page 74773]]

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Part II





Environmental Protection Agency





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40 CFR Part 98



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

Federal Register / Vol. 75 , No. 230 / Wednesday, December 1, 2010 / 
Rules and Regulations

[[Page 74774]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2009-0927; FRL-9226-8]
RIN 2060-AQ00


Mandatory Reporting of Greenhouse Gases: Additional Sources of 
Fluorinated GHGs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is issuing a regulation to require monitoring and 
reporting of greenhouse gas emissions from additional sources of 
fluorinated greenhouse gases, including electronics manufacturing, 
fluorinated gas production, electrical equipment use, electrical 
equipment manufacture or refurbishment, as well as importers and 
exporters of pre-charged equipment and closed-cell foams. This rule 
requires monitoring and reporting of greenhouse gases for these source 
categories only for sources with carbon dioxide equivalent emissions, 
imports, or exports above certain threshold levels. This rule does not 
require control of greenhouse gases.

DATES: The final rule is effective on December 31, 2010. The 
incorporation by reference of certain publications listed in the rule 
is approved by the Director of the Federal Register as of December 31, 
2010.

ADDRESSES: EPA established a single docket under Docket ID No. EPA-HQ-
OAR-2009-0927 for this rule. All documents in the docket are listed on 
the https://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through https://www.regulations.gov or in hard copy at 
EPA's Docket Center, Public Reading Room, EPA West Building, Room 3334, 
1301 Constitution Avenue, 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 and implementation 
materials, please go to the Greenhouse Gas Reporting Program Web site 
https://www.epa.gov/climatechange/emissions/ghgrulemaking.html. To 
submit a question, select Rule Help Center, followed by Contact Us.

SUPPLEMENTARY INFORMATION: 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 CAA section 307(d) apply to ``such other actions as the 
Administrator may determine.''). This final rule affects owners and 
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 include those listed in Table 1 of this preamble.

           Table 1--Examples of Affected Entities by Category
------------------------------------------------------------------------
                                                  Examples of affected
             Category                 NAICS            facilities
------------------------------------------------------------------------
Electronics Manufacturing........       334111  Microcomputers
                                                 manufacturing
                                                 facilities.
                                        334413  Semiconductor,
                                                 photovoltaic (solid-
                                                 state) device
                                                 manufacturing
                                                 facilities.
                                        334419  Liquid Crystal Display
                                                 (LCD) unit screens
                                                 manufacturing
                                                 facilities.
                                        334419  Micro-electro-mechanical
                                                 systems (MEMS)
                                                 manufacturing
                                                 facilities.
Fluorinated Gas 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-                   equipment (except room
 Cell Foams.                                     units) merchant
                                                 wholesalers.
                                        333415  Air-conditioning
                                                 equipment (except motor
                                                 vehicle) manufacturing.
                                        336391  Motor vehicle air-
                                                 conditioning
                                                 manufacturing.
                                        423620  Air-conditioners, room,
                                                 merchant wholesalers.
                                        443111  Household appliance
                                                 stores.
                                        423730  Automotive air-
                                                 conditioners merchant
                                                 wholesalers.
                                        326150  Polyurethane foam
                                                 products manufacturing.
                                        335313  Circuit breakers, power,
                                                 manufacturing.
                                        423610  Circuit breakers
                                                 merchant wholesalers.
------------------------------------------------------------------------

    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 of this preamble 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 subparts related to electronics 
manufacturing facilities, fluorinated gas production facilities, 
electric power transmission or distribution facilities, 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 
GENERAL INFORMATION CONTACT section.

[[Page 74775]]

    Many facilities that are affected by the final rule have greenhouse 
gas (GHG) emissions from multiple source categories listed in 40 CFR 
part 98. Table 2 of this preamble has been developed as a guide to help 
potential reporters in the source categories subject to this reporting 
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
------------------------------------------------------------------------
     Source category (and main       Subparts recommended for review to
        applicable subpart)                determine applicability
------------------------------------------------------------------------
Electricity Generation............  Electrical Equipment Use.
Electronics Manufacturing.........  General Stationary Fuel Combustion.
Fluorinated Gas Production........  General Stationary Fuel Combustion
                                     Suppliers of Industrial Greenhouse
                                     Gases.
Electrical Equipment Use..........  General Stationary Fuel Combustion.
Imports and Exports of Fluorinated  Suppliers of Industrial Greenhouse
 GHGs Inside Pre-charged Equipment   Gases.
 and Closed-Cell Foams.             Sulfur Hexafluoride and PFCs from
                                     Electrical Equipment Manufacture
                                     and Refurbishment.
Electrical Equipment Manufacture    General Stationary Fuel Combustion
 or Refurbishment.                   Imports and Exports of Fluorinated
                                     GHGs Inside Pre-charged Equipment
                                     and Closed-Cell Foams.
------------------------------------------------------------------------

    What is the effective date? The final rule is effective on December 
31, 2010. Section 553(d) of the Administrative Procedure Act (APA), 5 
U.S.C. Chapter 5, generally provides that rules may not take effect 
earlier than 30 days after they are published in the Federal Register. 
EPA is issuing this final rule under section 307(d)(1) of the Clean Air 
Act, which states: ``The provisions of section 553 through 557 * * * of 
Title 5 shall not, except as expressly provided in this section, apply 
to actions to which this subsection applies.'' Thus, section 553(d) of 
the APA does not apply to this rule. EPA is nevertheless acting 
consistently with the purposes underlying APA section 553(d) in making 
this rule effective on December 31, 2010. Section 5 U.S.C. 553(d)(3) 
allows an effective date less than 30 days after publication ``as 
otherwise provided by the agency for good cause found and published 
with the rule.'' As explained below, EPA finds that there is good cause 
for this rule to become effective on or before December 31, 2010, even 
if this results in an effective date fewer than 30 days from date of 
publication in the Federal Register.
    While this action is being signed prior to December 1, 2010, there 
is likely to be a significant delay in the publication of this rule as 
it contains complex diagrams, equations, and charts, and is relatively 
long in length. As an example, EPA signed a shorter technical 
amendments package related to the same underlying reporting rule on 
October 7, 2010, and it was not published until October 28, 2010, 75 FR 
66434, three weeks later.
    The purpose of the 30-day waiting period prescribed in 5 U.S.C. 
553(d) is to give affected parties a reasonable time to adjust their 
behavior and prepare before the final rule takes effect. Where, as 
here, the final rule will be signed and made available on the EPA Web 
site more than 30 days before the effective date, but where the 
publication is likely to be delayed due to the complexity and length of 
the rule, that purpose is still met. Moreover, through June 30, 2011, 
facilities covered by this rule may use Best Available Monitoring 
Methods (BAMM) for any parameter for which it is not reasonably 
feasible to acquire, install, or operate a required piece of monitoring 
equipment in a facility, or to procure measurement services from 
necessary providers. This will provide facilities a substantial 
additional period to adjust their behavior to the requirements of the 
final rule. Accordingly, we find good cause exists to make this rule 
effective on or before December 31, 2010, consistent with the purposes 
of 5 U.S.C. 553(d)(3).\1\
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    \1\ We recognize that this rule could be published at least 30 
days before December 31, 2010, which would negate the need for this 
good cause finding, and we plan to request expedited publication of 
this rule in order to decrease the likelihood of a printing delay. 
However, as we cannot know the date of publication in advance of 
signing this rule, we are proceeding with this good cause finding 
for an effective date on or before December 31, 2010.
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    Judicial Review.
    Under CAA section 307(b)(1), judicial review of this final rule is 
available only by filing a petition for review in the U.S. Court of 
Appeals for the District of Columbia Circuit by January 31, 2011. Under 
CAA section 307(d)(7)(B), only an objection to this final rule that was 
raised with reasonable specificity during the period for public comment 
can be raised during judicial review. This section also provides a 
mechanism for EPA to convene a proceeding for reconsideration, ``[i]f 
the person raising an objection can demonstrate to EPA that it was 
impracticable to raise such objection within [the period for public 
comment] or if the grounds for such objection arose after the period 
for public comment (but within the time specified for judicial review) 
and if such objection is of central relevance to the outcome of this 
rule.'' Any person seeking to make such a demonstration to EPA should 
submit a Petition for Reconsideration to the Office of the 
Administrator, Environmental Protection Agency, Room 3000, Ariel Rios 
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20004, with a 
copy to the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section, and the Associate General Counsel for the Air and 
Radiation Law Office, Office of General Counsel (Mail Code 2344A), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20004. Note, under CAA section 307(b)(2), the 
requirements established by this final rule may not be challenged 
separately in any civil or criminal proceedings brought by EPA to 
enforce these requirements.
    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
BLS Bureau of Labor Statistics
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
DE destruction efficiency
DRE destruction or removal efficiency
ECD electron capture detector
EFC emission factor for the valve-hose combination
EIA Economic Impact Analysis

[[Page 74776]]

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
HAP hazardous air pollutant(s)
HCFC hydrochlorofluorocarbon
HFC hydrofluorocarbon
HFE hydrofluoroether
HTF heat transfer fluid
IBR incorporation by reference
ICR information collection request
IPCC Intergovernmental Panel on Climate Change
kg kilograms
LCD liquid crystal displays
LED light-emitting diode
MEMS micro-electro-mechanical systems
MMTCO2e million metric tons carbon dioxide equivalent
MRR mandatory greenhouse gas reporting rule
MS mass spectrometry
MVAC motor vehicle air conditioner
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
NMR nuclear magnetic resonance
NRECA National Rural Electric Cooperative Association
NSPS New Source Performance Standards
NTTAA National Technology Transfer and Advancement Act of 1995
OMB Office of Management and Budget
PFC perfluorocarbon
POHC principal organic hazardous constituent
PSD Prevention of Significant Deterioration
PSEF process-vent-specific emission factor
PV photovoltaic cells
QA quality assurance
QA/QC quality assurance/quality control
QMS Quadrapole Mass Spectroscopy
R&D research and development
RF radio frequency
RFA Regulatory Flexibility Act
RGGI Regional Greenhouse Gas Initiative
RIA Regulatory Impact Analysis
RPS remote plasma source
SBREFA Small Business Regulatory Enforcement Fairness Act
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 Final Rule
    C. Legal Authority
II. Requirements for Specific Source Categories
    A. Overview of the Greenhouse Gas Reporting Program
    B. Overview of Confidentiality Determination for Data Elements 
in the Greenhouse Gas Reporting Rules
    C. Summary of Changes to the General Provisions of the General 
Provisions of 40 CFR Part 98 Related to the Addition of Subparts I, 
L, DD, QQ, and SS
    D. Electronics Manufacturing (Subpart I)
    E. Fluorinated Gas Production (Subpart L)
    F. Electrical Transmission and Distribution Equipment Use 
(Subpart DD)
    G. Importers and Exporters of Fluorinated GHGs Inside Pre-
Charged Equipment or Closed-Cell Foams (Subpart QQ)
    H. Electrical Equipment Manufacture or Refurbishment (Subpart 
SS)
III. Economic Impacts of the Final 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
    K. Congressional Review Act

I. Background

A. Organization of This Preamble

    This preamble is broken into several large sections, as detailed 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 rule, including a brief discussion 
of the rationale for revising the initially proposed requirements for 
subparts L, DD, and SS. This section also discusses EPA's use of our 
legal authority under the CAA to collect the required data, and the 
benefits of collecting the data.
    The second section of this preamble provides a brief summary of the 
key design elements for each subpart. For each subpart, this section 
includes (1) The definition of the source category, (2) GHGs to report, 
(3) GHG emission calculating and monitoring methods, (4) data reporting 
requirements, and (5) records that must be retained. Each subpart also 
includes a summary of major changes since proposal and a summary of 
comments and responses. 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 rule from the Economic Analysis. 
Finally, the last section discusses the various statutory and executive 
order requirements applicable to this rule.

B. Background on the Final Rule

    This action finalizes monitoring and reporting requirements for the 
following five source categories: Electronics manufacturing, 
fluorinated gas production, electrical equipment use, electrical 
equipment manufacture and refurbishment, and importers and exporters 
and pre-charged equipment and closed-cell foams.
    EPA initially proposed reporting requirements for electronics, 
fluorinated GHG production, and electrical equipment use on April 12, 
2009 (74 FR 16448) as part of a larger rulemaking effort to establish a 
GHG reporting program for all sectors of the economy. In that proposal, 
EPA also requested comment on requiring reporting of the quantities of 
fluorinated GHGs imported and exported inside pre-charged equipment and 
foams. However, EPA did not include requirements for these source 
categories in the Final Mandatory GHG Reporting Rule (Part 98) (40 CFR 
part 98), which was signed by EPA Administrator Lisa Jackson on 
September 22, 2009 and published in the Federal Register on October 30, 
2009 (74 FR 56260).
    EPA deferred action on these source categories because EPA received 
a number of lengthy, detailed comments regarding the proposed 
requirements for these source categories. These comments, which are 
described in more detail in the discussions of the individual source 
categories in the April 12, 2010 proposed rule, 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 fluorinated GHGs contained in

[[Page 74777]]

imported and exported pre-charged equipment and closed-cell foams.
    EPA recognized the concerns raised by stakeholders, and decided to 
re-propose significant pieces of these subparts. The revised proposed 
rule was published in the Federal Register on April 12, 2010. A public 
hearing on the proposed rule was held on April 20, 2010 in Washington, 
DC, and the 60-day public comment period ended on June 11, 2010.
    For subparts I and L this rule incorporates a number of technical 
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 April 2009 proposal. 
Where aspects of the initial proposals for subparts I and L are 
retained in this rule, 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, this rule adds more flexibility in how and how 
frequently the underlying data are gathered. In addition, EPA is 
requiring facilities 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 have concluded that the monitoring approaches required in this 
rule, which combine direct measurement and facility-specific 
calculations, effectively balance accuracy and costs, and that they are 
warranted because the resulting data will enable EPA to analyze and 
develop a range of potential CAA GHG policies and programs. A 
consistent and accurate data set is crucial to serve this intended 
purpose.
    Under this rule, facilities and suppliers will begin data 
collection in 2011 following the methods outlined in this rule and will 
submit data to EPA by March 31, 2012. EPA is allowing facilities and 
suppliers to use the Best Available Monitoring Methods (BAMM) through 
June 30, 2011 without submitting a petition to EPA. EPA is also 
allowing facilities to request an extension for the use of BAMM beyond 
the initial 6-month period. For details on BAMM extension requests, 
including their due dates and required contents, refer to the 
Monitoring and QA/QC Requirements section of each subpart and to the 
preamble discussions for subparts I and L.

C. Legal Authority

    EPA is finalizing requirements for five source categories 
(electronics manufacturing, production of fluorinated gases, use of 
electrical transmission and distribution equipment, manufacture or 
refurbishment of electrical equipment, and imports and exports of pre-
charges equipment and closed cell-foams) under its existing CAA 
authority; specifically, authorities provided in CAA section 114. As 
discussed in detail in Sections I.C and II.Q of the preamble to the 
2009 final rule (74 FR 56260, October 30, 2009), CAA section 114(a)(1) 
provides EPA with broad authority to require emissions sources, persons 
subject to the CAA, manufacturers of process or control equipment, 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. Further information is available in ``Mandatory Greenhouse 
Gas Reporting Rule: EPA's Response to Public Comments, Legal Issues'' 
(available in EPA-HQ-OAR-2008-0508)

II. Requirements for Specific Source Categories

A. Overview of the Greenhouse Gas Reporting Program

    On October 30, 2009, the U.S. Environmental Protection Agency (EPA) 
published a rule for the mandatory reporting of greenhouse gases (GHG) 
(also referred to as 40 CFR part 98) from large GHG emissions sources 
in the United States. Implementation of 40 CFR Part 98 is referred to 
as the Greenhouse Gas Reporting Program (GHGRP).
    The rule requires reporting of GHG emissions and supply from 
certain sectors of the economy, and apply to certain downstream 
facilities that emit GHGs, as well as to certain upstream suppliers of 
fossil fuels and industrial GHGs. The regulations require annual 
reporting of GHGs including carbon dioxide (CO2, methane 
(CH4), nitrous oxide (N2O), hydrofluorocarbons 
(HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), 
and other fluorinated compounds (e.g., hydrofluoroethers (HFEs)).
    Part 98 regulations require only that source categories subject to 
the rule monitor and report GHGs in accordance with the methods 
specified in the individual subparts. In this action, EPA is adding 
five source categories to part 98. For a list of the specific GHGs to 
be reported and the GHG calculation procedures, monitoring, missing 
data procedures, recordkeeping, and reporting required for facilities 
subject to subparts I, L, DD, QQ, and SS see the relevant subpart 
description below.

B. Overview of Confidentiality Determination for Data Elements in the 
Greenhouse Gas Reporting Rules

    This action does not address whether data reported under subparts 
I, L, DD, QQ, or SS will be treated as confidential business 
information (CBI). EPA published a proposed confidentiality 
determination on July 7, 2010 (75 FR 39094) which addressed this issue. 
In that action, EPA proposed which specific data elements would be 
treated as CBI and which data elements must be available to the public 
under CAA section 114. EPA has received several comments on the 
proposal, and is in the process of considering these comments. A final 
determination will be issued before any data is released, and the final 
determination will include all of the data elements under these 
subparts.

C. Summary of Changes to the General Provisions of the General 
Provisions of 40 CFR Part 98 Related to the Addition of Subparts I, L, 
DD, QQ, and SS

    Changes to Applicability. We are making changes to 40 CFR 
98.3(c)(5) to be consistent with previous revisions that were made on 
July 12, 2010. On July 12, 2010 (75 FR 39736), we made a number of 
conforming changes to the General Provisions (subpart A to part 98) to 
accommodate the addition of new source categories that were being added 
to Part 98. In the July 12, 2010 notice, we added Tables A-3 through A-
5 to replace the list of source categories and supplier categories in 
40 CFR 98.2(a)(1), (a)(2), and (a)(4), respectively. Under this revised 
approach, as new subparts are adopted, a new row is added to the 
appropriate table for the year in which reporting is required to 
commence for the new source category or supplier category. As a 
conforming change, the text of 40 CFR 98.3(c)(4) was reworded to refer 
to ``Table A-3 and Table A-4'' instead of ``subparts C-JJ.''
    In this action, we are amending Tables A-3, A-4, and A-5 to subpart 
A to add entries for five subparts: DD, SS, I, L, and QQ. Because we 
are now adding a new supplier category to the reporting requirements, 
we are also making a conforming change to 40 CFR 98.3(c)(5)(i) and (ii) 
to replace the reference to ``subparts KK through PP'' with a reference 
to ``Table A-5.'' This conforming change does not alter any reporting 
requirements.
    The following source categories have been added to the list of 
source categories in Table A-3 to subpart A because they have a 
production capacity

[[Page 74778]]

or gas consumption threshold rather than a CO2e emission 
threshold.
     Electric power transmission or distribution facilities 
that include the total nameplate capacity located within the facility, 
when added to the total nameplate capacity of SF6 and PFC 
containing equipment that is not located within the facility but is 
under common ownership or control, exceeds 17,820 pounds of sulfur 
hexafluoride (SF6)or perfluorocarbons (PFCs) (subpart DD).
     Electric power equipment manufacturing or refurbishing 
facilities with total annual SF6 and PFC purchases 
(combined) that exceed 23,000 pounds per year (subpart SS).
    The following source categories are subject to the rule if facility 
emissions are equal to or greater than 25,000 metric tons 
CO2e per year. Therefore, these source categories have been 
added to the list of emission threshold source categories referenced in 
Table A-4 to subpart A.
     Fluorinated gas production facilities whose emissions 
would exceed 25,000 mtCO2e in the absence of control 
technologies (subpart L).
     Electronics manufacturing facilities whose emissions would 
exceed 25,000 mtCO2e in the absence of control technologies 
(subpart I).
    For all of these facilities, whether they are listed in Table A-3 
or A-4 to subpart A, the annual GHG report must cover stationary fuel 
combustion sources, miscellaneous uses of carbonates, and all 
applicable source categories listed in Table A-3 and Table A-4 to 
subpart A.
    Importers and exporters of certain types of pre-charged equipment 
or closed-cell foam products containing fluorinated GHGs, 
N2O, or CO2 (subpart QQ) have been added to Table 
A-5 to subpart A because they are suppliers of GHGs.
    As is true for the source categories covered by the final Part 98, 
a facility or supplier in any of these source categories may cease 
reporting if their emissions are less than 25,000 mtCO2e per 
year for five consecutive years or less than 15,000 mtCO2e 
per year for three consecutive years, subject to the procedures at 40 
CFR 98.2(i).
    Reporting CO2e emissions. EPA is adding a paragraph to 40 CFR 
98.3(c)(4) to clarify that facilities that emit fluorinated GHGs are 
required to calculate and report CO2e emissions only for 
those fluorinated GHGs that are listed in Table A-1 of this subpart, 
not for other fluorinated GHGs. However, it is important to note that 
fluorinated GHG emitters are still required to report all fluorinated 
GHGs emitted under 40 CFR 98.3(c)(4)(iii) (in metric tons of GHG). This 
change clarifies that emitters are not required to develop GWPs for 
fluorinated GHGs that are not listed in Table A-1 and ensures 
consistent reporting of such fluorinated GHGs among different 
reporters. The change is being made in parallel with a similar change 
to 40 CFR 98.3(c)(5) through a separate rulemaking.
    Definitions. EPA is revising one definition in 40 CFR part 98 
subpart A and is adding a number of definitions applicable to specific 
source categories to the corresponding subparts. The definition that is 
being revised in subpart A is the definition of ``destruction 
efficiency,'' which is being revised to be expressed in tons of 
specific greenhouse gases rather than tons of CO2e. This revision and 
the rationale for it are discussed in more detail in Section II.E of 
this preamble.
    The definitions that are applicable to specific source categories 
are not being added to the definitions section in 40 CFR part 98 
subpart A because they do not have broader applicability to part 98. 
EPA has sought to avoid any conflict between these subpart-specific 
definitions and the definitions in Subpart A. In one instance, for 
electric power systems, EPA is applying a category-specific definition 
of facility rather than the general definition of facility in the 
General Provisions. The reasons for this source-category-specific 
definition of facility are set forth in Section II.G of this preamble. 
The remaining definitions are intended as supplements to the 
definitions section in the General Provisions. EPA does not expect 
these definitions to create conflicts with the General Provisions. To 
the extent regulated entities are in doubt as to which definition 
applies, they should assume that the category-specific definitions are 
controlling.
    Incorporation by Reference (IBR). We are amending 40 CFR 98.7 
(incorporation by reference) to include standard methods used in the 
subparts. In particular, for subpart I, we are adding the following 
three standards: the 2006 International SEMATECH Manufacturing 
Initiative's Guideline for Environmental Characterization of 
Semiconductor Process Equipment (International SEMATECH 
06124825A-ENG), the 2001 International SEMATECH's Guidelines 
for Environmental Characterization of Semiconductor Equipment 
(International SEMATECH 01104197A-XFR), and EPA's Protocol for 
Measuring Destruction or Removal Efficiency (DRE) of Fluorinated 
Greenhouse Gas Abatement Equipment in Electronics Manufacturing, 
Version 1, EPA 430-R-10-003. These standards are referenced in 40 CFR 
98.94 (Monitoring and QA/QC requirements for subpart I), 40 CFR 98.96 
(Data reporting requirements for subpart I), 40 CFR 98.97 (Records that 
must be retained for subpart I), and 40 CFR 98.98 (Definitions for 
subpart I).
    In addition, for subpart L, we are revising the paragraphs listing 
several ASME standards and one ASTM standard that are already contained 
in 40 CFR 98.7 to indicate that these standards are also referenced by 
40 CFR 98.124 (Monitoring and QA/QC requirements in 40 CFR part 98, 
subpart L, fluorinated gas production). We are also adding the 
following seven standards: ASTM D2879-97 (Reapproved 2007) Standard 
Test Method for Vapor Pressure-Temperature Relationship and Initial 
Decomposition Temperature of Liquids by Isoteniscope; ASTM D7359-08 
Standard Test Method for Total Fluorine, Chlorine and Sulfur in 
Aromatic Hydrocarbons and Their Mixtures by Oxidative Pyrohydrolytic 
Combustion followed by Ion Chromatography Detection (Combustion Ion 
Chromatography-CIC); Tracer Gas Protocol for the Determination of 
Volumetric Flow Rate Through the Ring Pipe of the Xact Multi-Metals 
Monitoring System (also known as Other Test Method 24); Approved 
Alternative Method 012: An Alternate Procedure for Stack Gas Volumetric 
Flow Rate Determination (Tracer Gas); the Emission Inventory 
Improvement Program, Volume II: Chapter 16, Methods for Estimating Air 
Emissions from Chemical Manufacturing Facilities; Protocol for 
Equipment Leak Emission Estimates; and EPA's Protocol for Measuring 
Destruction or Removal Efficiency (DRE) of Fluorinated Greenhouse Gas 
Abatement Equipment in Electronics Manufacturing, Version 1, EPA 430-R-
10-003. These are referenced in 40 CFR 98.123 (Calculating GHG 
emissions for subpart L), 40 CFR 98.124 (Monitoring and QA/QC 
requirements for subpart L), and 40 CFR 98.128 (Definitions for subpart 
L).

D. Electronics Manufacturing (Subpart I)

1. Summary of the Final Rule
    Source Category Definition. The electronics manufacturing source 
category consists of any of the following five production processes. 
Facilities that use these processes include, but are not limited to, 
those facilities that manufacture micro-electro-mechanical systems 
(MEMS), liquid crystal displays (LCDs), photovoltaic cells (PV), and 
semiconductors (including light-emitting diodes).

[[Page 74779]]

     Electronics manufacturing production processes in which 
the etching process uses plasma-generated fluorine atoms and other 
reactive fluorine-containing fragments, which chemically react with 
exposed thin-films (e.g., dielectric, metals) or substrate (e.g., 
silicon) to selectively remove portions of material.
     Electronics manufacturing production processes in which 
chambers used for depositing thin films are cleaned periodically using 
plasma-generated fluorine atoms and other reactive fluorine-containing 
fragments.
     Electronics manufacturing production process in which 
wafers are cleaned using plasma generated fluorine atoms or other 
reactive fluorine-containing fragments to remove residual material from 
wafer surfaces, including the wafer edge.
     Electronics manufacturing production processes in which 
the chemical vapor deposition process (CVD) or other manufacturing 
processes use N2O.
     Production processes which use fluorinated GHGs as heat 
transfer fluids to cool process equipment, to control temperature 
during device testing, to clean substrate surfaces and other parts, and 
for soldering (e.g., vapor phase reflow). Heat transfer fluids commonly 
used in electronics manufacturing include those sold under the trade 
names ``Galden[supreg]'' and ``Fluorinertsu.\TM\''
    Reporting Threshold. Electronics manufacturing facilities that meet 
the applicability criteria in the General Provisions (40 CFR 98.2) must 
report GHG emissions. Electronics manufacturing facilities covered by 
subpart I are those that have emissions equal to or greater than 25,000 
mtCO2e. For electronics manufacturing, EPA is requiring that 
uncontrolled emissions be used for purposes of determining whether a 
facility's emissions are equal to or greater than 25,000 
mtCO2e.\2\ Facilities must determine if they meet the 
applicability criteria in the General Provisions (40 CFR 98.2(a)(2)) by 
using the methods in 40 CFR 98.91 and summarized as follows:
---------------------------------------------------------------------------

    \2\ For purposes of calculating and reporting emissions for this 
subpart, facilities may report controlled emissions if they abide by 
provisions in 40 CFR 98.94(f) of this rule.
---------------------------------------------------------------------------

     Semiconductor, MEMS, and LCD manufacturing facilities are 
required to use gas specific emission factors and 100 percent of annual 
manufacturing capacity. Because heat transfer fluids are widely used in 
semiconductor manufacturing, to account for emissions from heat 
transfer fluids, semiconductor manufacturing facilities are required to 
add 10 percent of total clean and etch emissions at a facility to their 
total estimate. For semiconductor and LCD manufacturing facilities, the 
gas specific emission factors are consistent with the 2006 IPCC Tier 1 
emission factors. For MEMS manufacturing facilities, because there is 
no IPCC factor available, the emission factor was developed by EPA and 
is based on the IPCC Tier 2b SF6 emission factor for 
semiconductors.\3\
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    \3\ For a more detailed explanation of the MEMS default factor, 
please refer to the Electronics Manufacturing TSD (EPA-HQ-OAR-2009-
0927).
---------------------------------------------------------------------------

     PV manufacturing facilities are required to multiply 
annual fluorinated GHG purchases or consumption by the gas-appropriate 
100-year GWPs (provided in Table A-1 to subpart A of this part).
    It is important to clarify that these methods for determining 
whether a manufacturer exceeds the threshold are different from those 
used to calculate and report annual GHG emissions. The methods for 
calculating GHG emissions and consumption for reporting purposes are 
provided in the following paragraphs.
    GHGs to Report. Each facility must calculate and report the 
following GHG emissions and consumption:
     Fluorinated GHG emissions from plasma etching, chamber 
cleaning, and wafer cleaning.
     N2O emissions from chemical vapor deposition 
and other electronics manufacturing processes.
     Fluorinated GHG emissions from heat transfer fluid use.
     Consumption for all fluorinated GHGs and N2O 
including gases used for manufacturing processes other than those 
listed above.
     CO2, CH4, and N2O 
combustion emissions from stationary combustion units by following the 
requirements of 40 CFR part 98, subpart C (General Stationary Fuel 
Combustion Sources).
    GHG Emissions Calculation and Monitoring. To calculate fluorinated 
GHG and N2O emissions from electronics manufacturing, 
reporters must use the following methods, as appropriate for each 
electronics manufacturing facility (depending on the product 
manufactured, i.e., MEMS, LCD, PV, or semiconductors).
Fluorinated GHG Emissions
    All electronics manufacturing facilities are required to calculate 
fluorinated GHG emissions from etch and clean processes by estimating 
emissions of input fluorinated GHGs and of by-product fluorinated GHGs. 
This is done by applying utilization factors and by-product formation 
factors (collectively referred to as ``emission factors'' below) to the 
consumption of each fluorinated GHG by each process type, process sub-
type or recipe, as appropriate. However, the methods prescribed for use 
by different types of electronics manufacturing facilities differ in 
the values of these emission factors, the level of aggregation to which 
the factors are applied (process type, process sub-type, or recipe), 
and whether defaults or recipe-specific factors are applied. This 
framework is discussed in detail in the following paragraphs.
    To calculate and report fluorinated GHG emissions, reporters must 
adhere to the typology shown in Figure 1 of this preamble.
[GRAPHIC] [TIFF OMITTED] TR01DE10.000


[[Page 74780]]


    At the top of the typology figure are process types, which consist 
of plasma etching, chamber cleaning, and wafer cleaning. The second 
level in the figure consists of process sub-types, which are identified 
for only the chamber cleaning process type. As explained in Section 
II.D.2 of this preamble (Summary of Major Changes Since the Proposal) 
and Section II.D.3 of this preamble (Summary of Comments and 
Responses), EPA is only establishing sub-types for the chamber cleaning 
process type because sufficient information was available for these 
sub-types to establish default emission factors. The three chamber 
cleaning process sub-types are in-situ plasma, remote plasma, and in-
situ thermal cleans. The bottom of the figure displays production 
process recipes. Definitions are provided in the paragraphs below.
    Process Type. EPA is defining a process type as a broad group of 
manufacturing steps used at a facility associated with substrate (e.g., 
wafer) processing during device manufacture for which fluorinated GHG 
emissions and fluorinated GHG usages are calculated and reported. The 
process types are plasma etching, chamber cleaning, and wafer 
cleaning.\4\
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    \4\ As defined in the final rule, the plasma etching process 
type consists of any production process using fluorinated GHG 
reagents to selectively remove materials that have been deposited on 
a substrate during electronics manufacturing. Also as defined in the 
final rule, the wafer cleaning process type consists of any 
production process using fluorinated GHG reagents to clean wafers at 
any step during production.
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    Process Sub-type. EPA is defining a process sub-type as a set of 
similar manufacturing steps, more closely related within a broad 
process type. (For clarity, EPA is referring to what was previously 
termed process categories in the April 2010 proposed rule (75 FR 18652) 
as process sub-types).
    In situ plasma process sub-type consists of the cleaning of thin-
film production chambers, after processing substrates, with a 
fluorinated GHG cleaning reagent that is dissociated into its cleaning 
constituents by a plasma generated inside the chamber where the films 
are produced.
    Remote plasma process sub-type consists of the cleaning of thin-
film production chambers, after processing substrates, with a 
fluorinated GHG cleaning reagent dissociated by a remotely located 
(e.g., upstream) plasma source.
    In situ thermal process sub-type consists of the cleaning of thin-
film production chambers, after processing substrates, with a 
fluorinated GHG cleaning reagent that is thermally dissociated into its 
cleaning constituents inside the chamber where one or more thin films 
are produced.
    Production Process Recipe (Recipe). EPA has included definitions of 
``individual recipe'' and ``similar'' with respect to recipes in this 
final rule as an aid to understanding the portions of the rule where a 
facility is required or allowed to calculate emissions on a recipe-
specific basis. The final rule uses the term ``individual recipe'' to 
refer to a specific combination of gases, under specific conditions of 
reactor temperature, pressure, flow, radio frequency (RF) power and 
duration, used repeatedly to fabricate a specific feature on a specific 
film or substrate. EPA is also introducing the term ``similar,'' with 
respect to recipes, to refer to recipes that are composed of the same 
set of chemicals and have the same flow stabilization times and where 
the documented differences, considered separately, in reactor pressure, 
individual gas flow rates, and applied RF power are less than or equal 
to plus or minus 10 percent. For purposes of comparing and documenting 
recipes that are similar, facilities may use either the best known 
method provided by an equipment manufacturer or the process of record, 
for which emission factors for either have been measured (see the 
Electronics Manufacturing TSD (EPA-HQ-OAR-2009-0927) for supporting 
information). Generally, where facilities develop recipe-specific 
utilization and by-product formation rates, they may apply the 
utilization and by-product formation rates developed for an individual 
recipe to any ``similar recipe.\5\ ''
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    \5\ To be included in a set of similar recipes for the purposes 
of this subpart, a recipe must be similar to the recipe in the set 
for which recipe-specific utilization and by-product formation rates 
have been measured.
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    Electronics manufacturing facilities must calculate and report 
emissions of each fluorinated GHG used at the facility by adhering to 
typologies discussed and defined earlier in this section, as 
appropriate, and using the following methods based on the use of (1) 
Gas consumption, and (2) emission factors for fluorinated-GHG 
utilization and by-product formation rates. Where facilities are 
required to estimate and calculate emissions for sub-types or recipes, 
they are also required to report those emissions in aggregate by 
process type.
    The required methods are summarized in Table 3 of this preamble. 
EPA is naming the methodologies described below using a format similar 
to that used in the 2006 IPCC Guidelines for National Greenhouse Gas 
Inventories. While EPA's methodologies may be viewed generally as an 
extension from and building upon the IPCC's methods, EPA's approach is 
distinct in terms of its applicability and level of detail.

Table 3--Summary of Final Provisions for Electronics Manufacturing Facilities To Estimate and Report Fluorinated
                                GHG Emissions From Etching and Cleaning Processes
----------------------------------------------------------------------------------------------------------------
                                  Manufactured wafer                           Required            Optional
      Product manufactured               size         Annual capacity\a\      methodology         methodology
----------------------------------------------------------------------------------------------------------------
PV, MEMS, LCDs..................  NA................  NA................  Modified Tier 2b--  Tier 3--Use recipe-
                                                                           Use EPA default     specific emission
                                                                           emission            factors for all
                                                                           factors\b\ for      production
                                                                           plasma etching      processes that
                                                                           and chamber         use fluorinated
                                                                           cleaning process    GHGs.
                                                                           types.\c\
Semiconductors..................  300 mm and smaller  Less than or equal  Tier 2c--Use EPA    Tier 3--Use recipe-
                                                       to 10,500 m\2\ of   default emission    specific emission
                                                       substrate.          factors for         factors for all
                                                                           plasma etching,     production
                                                                           chamber cleaning    processes that
                                                                           (including in-      use fluorinated
                                                                           situ plasma         GHGs.
                                                                           cleaning, remote
                                                                           plasma cleaning,
                                                                           in-situ thermal
                                                                           cleaning sub-
                                                                           types), and wafer
                                                                           cleaning process
                                                                           types.\c\

[[Page 74781]]

 
Semiconductors..................  300 mm and smaller  Greater than        Tier 2d--Use EPA    Tier 3--Use recipe-
                                                       10,500 m\2\ of      default emission    specific emission
                                                       substrate.          factors for         factors for all
                                                                           chamber cleaning    production
                                                                           (including in-      processes that
                                                                           situ plasma         use fluorinated
                                                                           cleaning, remote    GHGs.
                                                                           plasma cleaning,
                                                                           in-situ thermal
                                                                           cleaning sub-
                                                                           types), and wafer
                                                                           cleaning process
                                                                           types, and recipe-
                                                                           specific emission
                                                                           factors for
                                                                           plasma
                                                                           etching.\c\
Semiconductors..................  Larger than 300 mm  NA................  Tier 3--Use recipe- None.
                                                                           specific emission
                                                                           factors for all
                                                                           production
                                                                           processes that
                                                                           use fluorinated
                                                                           GHG.
----------------------------------------------------------------------------------------------------------------
 \a\ Manufacturing capacity is 100 percent of annual manufacturing capacity of a facility as determined by
  summing the area of maximum designed substrate starts of a facility per month over the reporting period.
 \b\ These emission factors are consistent with emission factors published in the 2006 IPCC Guidelines.
 \c\ Where default emission factors are not provided in Tables I-3, I-4, I-5, I-6, or I-7 for a particular
  fluorinated GHG and process type or sub-type combination, a facility must either use utilization and by-
  product formation rates of 0 or use directly measured recipe-specific emission factors using the procedures of
  this subpart.

Gas Consumption
    Electronics manufacturing facilities must use the following methods 
to calculate and apportion fluorinated GHG consumption:
     Total annual gas consumption, for all fluorinated GHGs, 
calculated using the facility's purchase records, disbursements, gas 
container inventories, and gas- and facility-specific heel factors.
     Total annual gas consumption apportioning factors 
developed using facility-specific engineering models based on 
quantifiable metrics (i.e., a metric that is proportional to gas usage) 
of fluorinated GHG-using activity. Facilities must document these 
models in their site GHG Monitoring Plans (as required under 40 CFR 
98.3) and verify them. At a minimum, facilities must verify and 
document the information listed in 40 CFR 98.94(c) and 40 CFR 98.97(c), 
respectively. This information must be updated each reporting year.

Fluorinated GHG Utilization and By-Product Formation Rates (Emission 
Factors)
    Electronics manufacturing facilities must use the following methods 
for applying (and in some cases, developing) fluorinated GHG emission 
factors, as appropriate. Where a facility uses less than 50 kg of a 
fluorinated GHG in one reporting year, rather than calculate emissions 
using an emission factor, they may report the emissions of that gas as 
equal to consumption.
Facilities That Manufacture MEMS, LCDs, and PV
    Facilities that manufacture MEMS, LCDs, and PV are required to 
calculate and report their fluorinated GHG emissions from two process 
types: Plasma etching and chamber cleaning. These facilities are 
required to use default emission factors presented in Tables I-5, I-6, 
or I-7 to subpart I for MEMS, LCDs, PV, respectively. EPA is using the 
term ``Modified Tier 2b Method'' to refer to this methodology.
    A facility may use directly measured recipe-specific emission 
factors in lieu of defaults for all production processes that use 
fluorinated GHGs only if the recipe-specific emission factors are 
measured using the 2006 ISMI Guidelines, International SEMATECH 
06124825A-ENG, with limited exceptions.\6\ The facility must 
develop recipe-specific factors for each individual recipe except that 
a factor developed for one individual recipe may be applied to similar 
recipes. In a given reporting year, a facility must develop new recipe-
specific emission factors only for recipes which are not similar to any 
recipe used in a previous reporting year. Facilities that choose the 
recipe-specific approach must also aggregate the recipe-specific 
emissions and report the total emissions by process type (plasma 
etching and chamber cleaning). In addition, where a facility reports 
using recipe-specific emission factors, they are required to report the 
film or substrate that was etched/cleaned and the feature type that was 
etched.
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    \6\ EPA is permitting facilities to use emission factors 
measured using the 2001 ISMI Guidelines, International SEMATECH 
01104197A-XFR, provided the emissions factors were measured 
prior to January 1, 2007. Documentation for the measurements is 
required.
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    A facility that is using a method based on default emission 
factors, but uses a fluorinated GHG for a particular process type for 
which default emission factors are not provided in Tables I-5, I-6, or 
I-7, must either use utilization and by-product formation rates of 0 
or, in that particular instance, use directly measured recipe-specific 
emission factors measured using the 2006 ISMI Guidelines, International 
SEMATECH 06124825A-ENG, with limited exceptions.\7\ The 
facility must develop and report the recipe-specific emission factors 
using the same procedures as discussed in the paragraph above.
---------------------------------------------------------------------------

    \7\ See footnote 6.
---------------------------------------------------------------------------

    With the exception of where default emission factors are not 
provided in Tables I-5, I-6, or I-7 for a particular process type, EPA 
is prohibiting a facility from creating and using a hybrid method to 
ensure consistent methods of calculating and reporting emissions. This 
means that a single facility must choose between using only default 
emission factors or using recipe-specific emission factors for all 
process types; hybrid methods using both default emission factors and 
recipe-specific factors within the same reporting year are not 
permitted. This restriction will enable EPA to analyze emissions and 
trends using a consistent set of data.
Facilities That Manufacture Semiconductors
    EPA is requiring facilities that manufacture semiconductors to use 
a method to calculate and report their fluorinated GHG emissions which 
varies depending on the size of wafers that the facility is 
manufacturing (i.e., whether the facility manufactures wafers measuring 
300 mm and less or greater than 300 mm). This distinction was proposed 
in the April 2010 proposed rule (75 FR 18652). For facilities that 
manufacture wafers measuring 300 mm and less, EPA is requiring the use 
of one of two following methods for calculating and reporting 
emissions, depending on the facility's manufacturing capacity: (1) A 
method for facilities that have an annual manufacturing capacity that 
is less than or equal to 10,500 m\2\ of substrate, and (2) a method for 
those

[[Page 74782]]

that have an annual manufacturing capacity greater than 10,500 m\2\ of 
substrate. A facility's manufacturing capacity (as calculated using 
Equation I-5 of subpart I) is 100 percent of the maximum designed 
substrate starts, expressed as surface area, for the reporting year. 
This distinction in manufacturing capacity was part of EPA's initial 
April 2009 proposed rule (74 FR 16448).
Semiconductor Manufacturing Facilities That Fabricate Devices on Wafers 
Measuring 300 mm or Less in Diameter and That Have an Annual 
Manufacturing Capacity of Less Than or Equal to 10,500 m\2\ of 
Substrate
    Semiconductor manufacturing facilities that fabricate devices on 
wafers measuring 300 mm or less in diameter and that have an annual 
manufacturing capacity of less than or equal to 10,500 m\2\ of 
substrate \8\ must calculate and report their fluorinated GHG emissions 
using the following five process types and sub-types, and the 
corresponding default emission factors presented in Tables I-3 and I-4 
to subpart I:

    \8\ As calculated in Equation I-5 of subpart I, manufacturing 
capacity is 100 percent of annual manufacturing capacity of a 
facility as determined by summing the area of maximum designed 
substrate starts of a facility per month over the reporting period.
---------------------------------------------------------------------------

 Plasma etching process type.
 Chamber cleaning process type which includes the following 
three process sub-types:
--In-situ plasma chamber cleaning process sub-type.
--Remote plasma chamber cleaning process sub-type.
--In-situ thermal chamber cleaning process sub-type.
 Wafer cleaning process type.

    Default emission factors are differentiated by 150/200 mm and 300 
mm wafer technologies. The default emission factors were developed 
using the data provided in Table 5 of the report Draft Emission Factors 
for Refined Semiconductor Manufacturing Process Categories (EPA-HQ-OAR-
2009-0927-0073). EPA is using the term ``Tier 2c Method'' to refer to 
this methodology.
    A facility may use directly measured recipe-specific emission 
factors for each individual recipe or recipe that is not a similar 
recipe in lieu of defaults only if the recipe-specific emission factors 
are measured using the 2006 ISMI Guidelines, International SEMATECH 
06124825A-ENG, with limited exceptions.\9\ The facility must 
develop recipe-specific factors for each individual recipe except that 
factors developed for one individual recipe may be applied to similar 
recipes. In a given reporting year, a facility must develop recipe-
specific emission factors only for new recipes which are not similar to 
any recipe used in a previous reporting year. Facilities that choose 
the recipe-specific approach must also aggregate the recipe-specific 
emissions and report the total emissions by process type (plasma 
etching, cha