small influence on the total site emissions. The proposal to calculate
an effective DRE for the facility would require using complicated
calculations and apportioning gas use to abatement units.
    The commenter also stated that attempting to compute a combined DRE
for a multi-fab facility that uses the emissions factor method at one
or more fabs and the stack testing method at the other(s) also seems to
be unnecessary. The commenter proposed revisions that they claimed
simplified the reporting of a facility-wide DRE value by calculating
only a fab-level DRE instead of a facility-wide DRE.
    The commenter suggested as an alternative that the EPA use a
modification to proposed Equation I-24 of subpart I because Equation I-
24 calculates the average weighted fraction of F-GHG input gas i
destroyed or removed in abatement systems. The commenter stated that
the EPA should modify equation I-24, adding the multiplication of both
the numerator and denominator terms by the GWP for each gas. The
commenter stated this would provide an estimate of the site-wide DRE
based on the removal of CO2e emissions that will have as
much meaning as a fab-wide DRE calculated using equations I-26 and I-
28, while requiring much less work on the part of the fab.

    Response: The EPA disagrees with the commenter that the facility-
wide DRE calculated by Equations I-26, I-27, and I-28 in proposed 40
CFR 98.96(r) is not relevant for facilities using the stack testing
alternative. As explained in the preamble to the proposed amendments
(77 FR 63569), the EPA included a requirement that facilities report a
facility-wide DRE factor to assist in our verification of reported GHG
emissions. In the amendments to subpart I, we proposed to move the
information on the number and DRE of abatement systems at each facility
from the reporting requirements to the recordkeeping requirements, and
these changes are being made in the final rule. In order to determine
the extent to which GHG emissions from this category are being abated,
we proposed to require facilities to report a facility-wide DRE. The
EPA's intent of requiring a facility-wide DRE is also to gain an
understanding of the extent to which a fab or facility's emissions are
abated in the absence of facilities reporting information that may
raise potential disclosure concerns, such as actual DRE values for
gases and process types. This information can also be used to help
verify reported emissions. This rationale is equally valid for
facilities using the default emission factor method in 40 CFR 98.93(a)
    Contrary to the reporters interpretation, the facility-wide DRE is
calculated using inputs, emissions, and other data already collected
and calculated to report annual F-GHG and N2O emissions and
does not require the collection of new data. The terms used in the
equations to calculate the facility-wide DRE for a facility using the
stack testing alternative are already calculated by the facility to
report emissions. Reporters using the stack testing alternative would
not have to measure the DRE of abatement systems unless they were doing
so to determine the DRE of systems that were not specifically designed
to abate F-GHG. Otherwise they could use default DREs for systems that
were specifically designed for F-GHG abatement. Similarly, facilities
would not have to separately apportion gas usage to tools with
abatement systems in Equation I-28 because that is already done to
calculate emissions as part of other equations in the stack testing
alternative. First, the commenter states that DREs are only used under
the stack test option to adjust fab emissions for abatement system
downtime, and that downtime is expected to have a small influence on
the total site emissions. While we agree that the inclusion of an
adjustment for abatement system downtime may have a small influence on
the total site emissions as calculated, the argument made by the
commenter does not provide justification for removing the requirement
for a facility to report a fab-wide DRE. Even when the uptime for a fab
is relatively high, the fact remains that the fab is abated and no
other reporting requirement provides the EPA with an estimate of the
extent of the abatement.
    Second, the commenter states that using Equations I-26 and I-28 for
the stack test alternative is unnecessary and the commenter proposes
using a modification of Equation I-24 that incorporates multiplication
by GWP values. We disagree that the use of Equations I-26 and I-28 is
unnecessary for fabs electing to use the stack test option. First,
Equation I-28 is necessary to account for the fact that a fab may not
be fully abated and a portion of the input gas consumed in the fab is
used by tools that are unabated. The result of Equation I-24 does not
account for apportionment between abated and unabated tools.
Apportionment is accounted for in Equation I-28 by the
``aif'' and ``af'' terms, just as in Equation I-
21 and I-22. Reporting the result of Equation I-24, regardless of any
accounting for GWPs, would result in an artificially high fab-wide DRE
because Equation I-24 does not account for the portion of gases
consumed by tools that are not abated. Equation I-26 is also necessary
because reporters are not allowed to calculate N2O emissions
using the stack test method. As a result, Equation I-26 incorporates
the abatement of N2O emissions into the effective fab-wide
DRE calculation.
    Finally, we disagree that the equations under 40 CFR 98.96(r) are
unnecessarily complicated. Although the equations may appear
complicated, the equations, in fact, use many of the same data
operations already performed to calculate emissions under either the
default emission factor approach or the stack testing alternative. For
example, the summation of F-GHGs and N2O contained in the
numerator of Equation I-26 is easily calculated from the emissions
already reported under 40 CFR 98.96(c). The first term in Equation I-28
is the same as the second term in Equation I-21, except that the value
``(1-UTf)'' has been replaced with ``GWPi'' for
the input gas. The case is the same for the second term in Equation I-
28; it is identical to the second term in Equation I-22, except again
the value ``(1-UTf)'' has been replaced with
``GWPk'' for the by-product gas. Therefore, due to the
similarity of terms, we believe that Equation I-28 is no more
burdensome or complicated than Equation I-21 or I-22.
    We agree with the commenter that facilities should be required to
report a fab-wide DRE instead of a combined DRE for a multi-fab
facility. Reporting a fab-wide DRE, instead of a facility-wide DRE,
will provide the EPA with a more detailed assessment of the extent to
which GHG emissions are being abated. The fab-wide DRE will also
simplify the calculation requirements for reporters because they will
not have to use an extra equation to combine the DREs when a facility
uses the emission factor method and the stack testing alternative in
different fabs at the same facility.
    In light of the commenter's suggestion, we are finalizing the
requirement for reporters to provide effective DRE on a fab basis,
instead of a facility basis. We disagree, however, with the commenter's
assertion that a facility that chooses the stack test option to
calculate emissions from a fab should not be required to report an
effective fab-wide DRE, and as such, we are requiring all facilities to
report an effective fab-wide DRE, regardless of their emission
calculation methodology.
9. Technical Corrections in Response to Public Comments
    The final rule includes numerous minor technical changes as a
result of addressing major public comments. These changes are
summarized in the document, ``Reporting of Greenhouse Gases--Technical
Revisions to the Electronics Manufacturing Category of the Greenhouse
Gas Reporting Rule: EPA's Response to Public Comment'' (see EPA-HQ-OAR-
2011-0028).

III. Confidentiality Determinations for New and Revised Subpart I Data
Elements and Responses to Public Comments

A. Final Confidentiality Determinations for New and Revised Subpart I
Data Elements

    In this action, we have added or revised 25 new data reporting
requirements in subpart I. We have assigned each of these new or
revised data elements in subpart I, a direct emitter subpart, to one of
the direct emitter data categories created in the 2011 Final CBI
Rule.\8\ The 25 new or revised data elements are assigned to one of the
10 data categories listed in

Table 5 of this preamble. Please see the memorandum titled ``Final Data
Category Assignments for Subpart I 2012 Amendments'' in Docket EPA-HQ-
OAR-2011-0028 for a list of the 25 new or revised data elements in this
subpart and their final category assignments.
---------------------------------------------------------------------------

    \8\ The 2011 Final CBI Rule created 11 direct emitter date
categories, including the 10 data categories listed in Table 5 of
this preamble and an inputs to emissions equations data category.
However, EPA has not made final confidentiality determinations for
any data element assigned to the inputs to emissions equations data
category either in the 2011 Final CBI Rule or any other rulemaking.

           Table 5--Summary of Final Confidentiality Determinations for Direct Emitter Data Categories
                                     [Based on May 26, 2011 final CBI rule]
----------------------------------------------------------------------------------------------------------------
                                                         Confidentiality determination for data elements in each
                                                                                category
                                                        --------------------------------------------------------
                     Data category                                          Data that are not  Data that are not
                                                         Emission data \a\  emission data and  emission data but
                                                                                not CBI          are CBI \b\
----------------------------------------------------------------------------------------------------------------
Facility and Unit Identifier Information...............                 X   .................  .................
Emissions..............................................                 X   .................  .................
Calculation Methodology and Methodological Tier........                 X   .................  .................
Data Elements Reported for Periods of Missing Data that                 X   .................  .................
 are Not Inputs to Emission Equations..................
Unit/Process ``Static'' Characteristics that are Not     .................             X \c\              X \c\
 Inputs to Emission Equations..........................
Unit/Process Operating Characteristics that are Not      .................             X \c\              X \c\
 Inputs to Emission Equations..........................
Test and Calibration Methods...........................  .................                 X   .................
Production/Throughput Data that are Not Inputs to        .................  .................                 X
 Emission Equations....................................
Raw Materials Consumed that are Not Inputs to Emission   .................  .................                 X
 Equations.............................................
Process-Specific and Vendor Data Submitted in BAMM       .................  .................                 X
 Extension Requests....................................
----------------------------------------------------------------------------------------------------------------
\a\ Under CAA section 114(c), ``emission data'' are not entitled to confidential treatment. The term ``emission
  data'' is defined at 40 CFR 2.301(a)(2)(i).
\b\ Section 114(c) of the CAA affords confidential treatment to data (except emission data) that are considered
  CBI.
\c\ In the 2011 Final CBI Rule, this data category contains both data elements determined to be CBI and those
  determined not to be CBI. See discussion in Section III.A of this preamble for more details.

    As shown in Table 5 of this preamble, the EPA made categorical
confidentiality determinations for data elements assigned to eight
direct emitter data categories. For two data categories, ``Unit/Process
`Static' Characteristics That are Not Inputs to Emission Equations''
and ``Unit/Process Operating Characteristics That are Not Inputs to
Emission Equations,'' the EPA determined in the 2011 Final CBI Rule
that the data elements assigned to those categories are not emission
data but did not make categorical CBI determinations. Rather, the EPA
made CBI determinations for individual data elements assigned to these
two data categories.
    We have followed the same approach in this final rule.
Specifically, we have assigned each of the 25 new or revised data
elements in the final subpart I amendments to the appropriate direct
emitter data category. For the 13 data elements assigned to categories
with categorical confidentiality determinations, we have applied the
categorical determinations made in the 2011 Final CBI Rule to the
assigned data elements. For the 12 data elements assigned to the
``Unit/Process `Static' Characteristics That are Not Inputs to Emission
Equations'' and the ``Unit/Process Operating Characteristics That are
Not Inputs to Emission Equations'' data categories, consistent with our
approach towards data elements previously assigned to these data
categories, we are finalizing that these data elements are not emission
data. All 25 new and revised subpart I data elements in the final
subpart I amendments are listed in the memorandum titled ``Final Data
Category Assignments for Subpart I 2012 Amendments'' in Docket EPA-HQ-
OAR-2011-0028.

B. Public Comments on the Proposed Confidentiality Determinations

    The EPA is finalizing all confidentiality determinations as they
were proposed. Please refer to the preamble to the proposed rule (77 FR
63570) for additional information regarding the proposed
confidentiality determinations.
    The EPA received several comments questioning the proposed
determination that several new or revised data elements should be
treated as confidential, or that the confidentiality should be
determined on a case-by-case basis.
    Comment: One commenter questioned the determination that the
confidentiality of the identification of the quantifiable metric used
in the fab-specific engineering model to apportion gas consumption for
each fab should be determined on a case-by-case basis. The commenter
asserted that EPA has not provided any justification for how release of
this data would cause competitive harm and that it should not be
treated as confidential.
    Response: The EPA made a final confidentiality determination for
the identification of the quantifiable metric used in the facility-
specific engineering model to apportion gas consumption (40 CFR
98.96(m)(i)) in an earlier Federal Register notice (77 FR 48072, August
13, 2012), after a notice and period for public comment (77 FR 10434,
February 22, 2012). In that final notice (77 FR 48072, August 13,
2012), the EPA decided to evaluate the confidentiality status of that
data element on a case-by-case basis, in accordance with existing
confidentiality regulations in 40 CFR part 2, subpart B.
    The EPA re-proposed the confidentiality determination for this data
element due to the proposed revision to this data element. The proposed
changes to this data element, which we are finalizing today, reflect
that the apportioning model is now fab-specific instead of facility-
specific because the amendments now require gas use to be apportioned
on a fab basis (instead of a facility basis) and a facility may have
separate models for each fab. As mentioned above, we have determined
that the confidentiality status of the identification of the
quantifiable metric used in the facility-specific engineering model to
apportion gas consumption should be determined on a case-by-case basis.
The change in the basis of the quantifiable metric (i.e., from a
facility to fab basis) does not fundamentally change the nature of the
information being reported; for example, each fab at a facility may use
the same metric, and as a result the fab-based and

facility-based quantifiable metrics may be the same. Because the
commenter did not offer any compelling reasons why the EPA should now
change course due to the change in the basis of the quantifiable
metric, the EPA will continue to evaluate claims by facilities that
this data element should be protected as CBI on a case-by-case basis.
    Comment: One commenter expressed concern with EPA's proposed
determinations to treat the inventory of abatement systems under 40 CFR
98.96(p) as confidential business information. The commenter asserted
that that if the EPA ``has better evidence that actual harm could occur
from the release of the inventory information in certain circumstances
than the current justification provided at 77 FR 10,440, row 3, no
categorical determination should be made.'' (Emphasis added.) Instead,
the commenter asserted, ``the confidentiality of the inventory should
require specific demonstration by the company/facility involved that
there is an actual threat of competitive harm and reverse-
engineering.'' (Emphasis added.)
    Response: The EPA originally proposed to treat the inventory of
abatement systems data element in 40 CFR 98.96(p) as confidential
business information in a February 22, 2012 notice of proposed
rulemaking (77 FR 10434) followed by a period for public comment. That
original determination was finalized as proposed in an August 13, 2012
rulemaking (77 FR 48072). As discussed in the proposal for this action
(77 FR 63538, October 16, 2012), the EPA re-proposed the
confidentiality determination for this data element in conjunction with
edits that were proposed to the data element itself. We are finalizing
the changes to this data element as proposed to clarify that the number
of abatement systems and the basis of the destruction or removal
efficiency should be reported on a process sub-type or process type
basis. Please see Table 2 of this preamble for a detailed description
of the changes being made to the inventory of abatement systems data
element. We are also moving the following reporting requirements to
recordkeeping: (1) The number of abatement systems of each
manufacturer, and model number, and the manufacturer's claimed F-GHG
and N2O destruction or removal efficiency, if any; (2)
records of destruction or removal efficiency measurements over the in-
use life of each abatement system; and (3) a description of the tool,
with the process type or sub-type, for which the abatement system
treats exhaust.
    Facilities must still report an inventory, and more specifically,
the number of abatement systems at their facility. As a result, a
competitor may be able to gain insight into the number of tools at the
facility, as described above. For the same reasons stated in the prior
confidentiality determination described above, we believe that
confidentiality determination for this data element, as revised, should
remain as CBI. The change in the basis of the number of abatement
systems does not affect the rationales we previously set forth
supporting a CBI determination for this data element, nor did the
commenter offer any specific reasons why we should now change course
due to the change to the basis of the number of abatement systems
reported. The EPA also notes that the commenter's assertion that a
company/facility should be required to demonstrate an ``actual threat
of competitive harm'' for a data element to be determined to be CBI is
inconsistent with 40 CFR 2.208, which states that the business must
demonstrate that ``disclosure of the information is likely to cause
substantial harm to the business's competitive position.'' The EPA will
continue to treat this data element as confidential business
information.
    Comment: One commenter expressed concern with EPA's proposed
determination to treat five of the six data elements specified in 40
CFR 98.96(y) for the Triennial Technology Assessment as confidential.
These data elements include all of the items to be included in the
Triennial Technology Assessment Report, with the exception of emissions
data that might be provided under 98.96(y)(2)(iv). The commenter asked
EPA to reconsider the treatment for these other data elements as
confidential and asserted that the public has a compelling need for
access because public stakeholders outside the semiconductor industry
will be unable to evaluate both industry claims regarding technology
evolution and EPA's judgment regarding whether and when it is
appropriate to update the Subpart I default values. The commenter asked
that EPA not make a categorical determination on these five data
elements, but instead, evaluate confidentiality claims on a case-by-
case basis.
    Other commenters supported the EPA's determination that these five
data elements should be treated as confidential. The commenters noted
that in these reporting requirements, EPA is requesting detailed
information on process characteristics, equipment types and equipment
performance parameters that are likely to represent sensitive
intellectual property for semiconductor manufacturers and their
equipment suppliers.
    Response: The EPA appreciates the input provided by the commenters
regarding the CBI determinations related to the Triennial Technology
Assessment Report. In the preamble to the proposed amendments to
subpart I, we indicated that we were proposing five data elements under
40 CFR 98.96(y) as CBI because the data elements are likely to reveal
information regarding process-specific data or new technologies or
advances in production processes that could be used by a competitor.
The information required by these five data elements is not emission
data and is likely to reveal potentially sensitive information about
individual facilities because it is likely to include information about
recent process technology developed and adopted by the facilities,
including proprietary process technology that would not be revealed
otherwise. The commenter questioning these determinations did not
provide additional information that would alter the EPA's decision.
    The EPA recognizes the first commenter's concern that without
access to the detailed information provided in those data elements,
public stakeholders may be unable to evaluate industry claims regarding
technology evolution and EPA's judgment regarding whether it is
appropriate to update the Subpart I default emission factors and DRE
values. However, the EPA has had to reach a balance between public
access to data and the protection of confidential business information.
Over time and based on careful consideration and analysis, EPA may be
able to aggregate sensitive information on an industry-wide basis that
would allow stakeholders to evaluate industry claims and EPA decisions
regarding the effects of new technology on GHG emissions. In addition,
annual emissions data submitted as part of regular annual reporting to
the GHGRP and measurements of emission factors and DRE values submitted
as part of the triennial technology reviews would not be considered CBI
and could also be analyzed by stakeholders to evaluate industry claims
and EPA judgments on changes in technology that affect emissions.
    For comments and responses regarding confidentiality determinations
for other new and revised subpart I data elements, please refer to the
document titled ``Reporting of Greenhouse Gases--Technical Revisions to
the Electronics Manufacturing Category of the Greenhouse Gas Reporting
Rule: EPA's Response to Public Comment'' in Docket EPA-HQ-OAR-2011-
0028.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
    The EPA prepared an analysis of the potential costs associated with
this final action. This analysis is contained in the Economics Impact
Analysis (EIA), ``Final Amendments and Confidentiality Determinations
for Subpart I EIA.'' A copy of the analysis is available in the docket
for this action and the analysis is briefly summarized here. Overall,
the EPA has concluded that the costs of the changes will significantly
reduce subpart I compliance costs. Specifically, the proposed changes
will reduce nationwide compliance costs in the first year by 37 percent
($2.7 million to $1.7 million) and by 73 percent in the second year
($6.4 million to $1.7 million). The confidentiality determinations for
new and revised data elements do not increase the compliance costs of
the final rule.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
As previously mentioned, this action finalizes amended reporting
methodologies in subpart I, confidentiality determinations for reported
data elements, and amendments to subpart A to reflect changes to the
reporting requirements in subpart I. However, the Office of Management
and Budget (OMB) has previously approved the information collection
requirements contained in subpart I, under 40 CFR part 98, under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and
has assigned OMB control number 2060-0650 for subpart I. The OMB
control numbers for the EPA's regulations in 40 CFR are listed at 40
CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this rule on small
entities, ``small entity'' is defined as: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; or (3) a small organization that is any
not-for-profit enterprise which is independently owned and operated and
is not dominant in its field. The small entities directly regulated by
this final rule are facilities included in NAICS codes for
Semiconductor and Related Device Manufacturing (334413) and Other
Computer Peripheral Equipment Manufacturing (334119).
    After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on small entities subject to the rule.
    This action (1) amends monitoring and calculation methodologies in
subpart I; (2) assigns subpart I data reporting elements into CBI data
categories; and (3) amends subpart A to reflect final changes to the
reporting requirements in subpart I. In this final rule, the EPA is
taking several steps to reduce the impact of Part 98 on small entities.
For example, the EPA is removing the recipe-specific reporting
requirements for subpart I, which the Petitioner identified by the
Petitioner as economically and technically burdensome. In addition, the
EPA has provided a number of flexibilities in this final rule, which
allow reporters to choose the methodologies that are least burdensome
for their facility. Additional information can be found in the docket
(see file ``Economic Impact Analysis for the Mandatory Reporting of
Greenhouse Gas Emissions F-Gases: Subpart I Final Report,'' August
2012). We have therefore concluded that this final rule will relieve
regulatory burden for all affected small entities.

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
This action (1) Amends monitoring and calculation methodologies in
subpart I; (2) assigns subpart I data reporting elements into CBI data
categories; and (3) amends subpart A to reflect proposed changes to the
reporting requirements in subpart I. In some cases, the EPA has
increased flexibility in the selection of methods used for calculating
and reporting GHGs. This action also revises specific provisions to
provide clarity on what is to be reported. These revisions do not add
additional burden on reporters but offer flexibility. As part of the
process of finalization of the subpart I rule, the EPA undertook
specific steps to evaluate the effect of those final rules on small
entities. Based on the final amendments to subpart I provisions, burden
will stay the same or decrease, therefore the EPA's determination
finding of no significant economic impact on a substantial number of
small entities has not changed. Thus, this action is not subject to the
requirements of sections 202 or 205 of the Unfunded Mandates Reform Act
(UMRA).
    This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. No small government
entities are engaged in the electronics manufacturing processes that
are subject to reporting under subpart I and which would be affected by
these final rule amendments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132.
    This action, which amends calculation and reporting methodologies
in subpart I, applies to only certain electronics manufacturers. No
State or local government facilities are known to be engaged in the
activities that are affected by the provisions in this final rule. This
action also does not limit the

power of states or localities to collect GHG data and/or regulate GHG
emissions. Thus, Executive Order 13132 does not apply to this action.
For a more detailed discussion about how Part 98 relates to existing
state programs, please see Section II of the preamble to the final
rule, Mandatory Reporting of Greenhouse Gases (74 FR 56266, October 30,
2009).

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action (1)
Amends monitoring and calculation methodologies in subpart I; (2)
assigns subpart I data reporting elements into CBI data categories; and
(3) amends subpart A to reflect changes to the reporting requirements
in subpart I. No tribal facilities are known to be engaged in the
activities affected by this action. Thus, Executive Order 13175 does
not apply to this action. For a summary of the EPA's consultations with
tribal governments and representatives, see Section VIII.F of the
preamble to the final rule, Mandatory Reporting of Greenhouse Gases (74
FR 56371, October 30, 2009).

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying to only those regulatory actions that concern health
or safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action (1) Amends monitoring and calculation methodologies in subpart
I; (2) assigns subpart I data reporting elements into CBI data
categories; and (3) amends subpart A to reflect changes to the
reporting requirements in subpart I. This action is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113 (15 U.S.C. 272 note) directs
the EPA to use voluntary consensus standards (VCS) in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
VCS bodies. The NTTAA directs the EPA to provide Congress, through OMB,
explanations when the agency decides not to use available and
applicable VCS.
    This action, which amends monitoring and calculation methodologies
in subpart I, involves technical standards. The EPA is including a
stack testing option that involves using the following EPA reference
methods:
     Method 1 or 1A at 40 CFR part 60, appendix A-1, to select
sampling port locations and the number of traverse points in the
exhaust stacks.
     Method 2, 2A, 2C, 2D, 2F, or 2G at 40 CFR part 60,
appendix A-1 and A-2, to determine gas velocity and volumetric flow
rate in the exhaust stacks.
     Method 3, 3A, or 3B at 40 CFR part 60, appendix A-2, to
determine the gas molecular weight of the exhaust using the same
sampling site and at the same time as the F-GHG sampling is performed.
     Method 4 at 40 CFR part 60, appendix A-3, to measure gas
moisture content in the exhaust stacks.
     Method 301 at 40 CFR part 63, appendix A, to perform field
validations of alternative methods of measuring F-GHG emissions and
abatement system DRE.
     Method 320 at 40 CFR part 63, appendix A, to measure the
concentration of F-GHG in the stack exhaust.
    Consistent with the NTTAA, the EPA conducted searches to identify
VCS in addition to these EPA methods. The EPA conducted searches for
VCS from at least three different voluntary consensus standards bodies,
including the following: American Society of Testing and Materials
(ASTM), American Society of Mechanical Engineers (ASME), and
International SEMATECH Manufacturing Initiative (ISMI). No applicable
VCS were identified for EPA Methods 1A, 2A, 2D, 2F, or 2G. The method
ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses, is not cited in
this final rule for its manual method for measuring the oxygen, carbon
dioxide and carbon monoxide content of the exhaust gas. ASME PTC 19.10-
1981 is an acceptable alternative to EPA Methods 3A and 3B for the
manual procedures only, and not the instrumental procedures. The VCS
ASTM D6348-03, Determination of Gaseous Compounds by Extractive Direct
Interface Fourier Transform (FTIR) Spectroscopy, has been reviewed by
the EPA as a potential alternative to EPA Method 320; and, in light of
public comments received on the proposed rule, we acknowledge that
several existing regulations list both EPA Method 320 and ASTM D6348-03
as acceptable methods. We also acknowledge the efficiency of ASTM
D6348-03 as compared to EPA Method 320. For these reasons, we are
allowing, in the final amendments, the use of ASTM D6348-03 with the
requirements described in Section II.A.1 of this preamble and 40 CFR
98.94(j) of the final rule.
    This rule revises the current subpart I provisions for determining
abatement system DRE to incorporate language based on methods adapted
from the ISMI 2009 Guideline for Environmental Characterization of
Semiconductor Process Equipment--Revision 2. We are incorporating
applicable portions of the ISMI 2009 Guideline into the rule in
Appendix A to Subpart I. The EPA is not incorporating by reference the
entire ISMI 2009 Guideline because the ISMI 2009 Guidelines have not
been subject to the same level of peer review and validation as other
alternative standards (e.g., ASTM or ASME standards). Therefore, we are
incorporating only those portions of the 2009 ISMI Guideline that the
EPA has determined are needed to provide flexibility and reduce burden
in subpart I.
    The EPA identified no other VCS that were potentially applicable
for subpart I in lieu of EPA reference methods. Therefore, the EPA is
not adopting other standards for this purpose. For the methods required
or referenced by the final rule, a source may apply to the EPA for
permission to use alternative test methods or alternative monitoring
requirements in place of any required testing methods, performance
specifications or procedures, as specified in proposed 40 CFR part 98,
subpart I.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal

executive policy on environmental justice. Its main provision directs
federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States.
    The EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action addresses only reporting and recordkeeping
procedures.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2). This rule will be effective on January 1, 2014.

List of Subjects 40 CFR Part 98

    Environmental protection, Administrative practice and procedure,
Greenhouse gases, Incorporation by reference, Reporting and
recordkeeping requirements.

    Dated: August 16, 2013.
Gina McCarthy,
Administrator.
    For the reasons set out in the preamble, title 40, chapter I, of
the Code of Federal Regulations is amended as follows:

PART 98--MANDATORY GREENHOUSE GAS REPORTING

0
1. The authority citation for part 98 continues to read as follows:

    Authority:  42 U.S.C. 7401-7671q.

Subpart A--[Amended]

0
2. Section 98.7 is amended by:
0
a. Revising paragraphs (e)(30), (m)(3), and (n)(1); and
0
b. Removing and reserving paragraph (n)(2).
    The revisions read as follows:

Sec.  98.7  What standardized methods are incorporated by reference
into this part?

* * * * *
    (e) * * *
    (30) ASTM D6348-03 Standard Test Method for Determination of
Gaseous Compounds by Extractive Direct Interface Fourier Transform
Infrared (FTIR) Spectroscopy, IBR approved for Sec.  98.54(b), Table I-
9 to subpart I of this part, Sec.  98.224(b), and Sec.  98.414(n).
* * * * *
    (m) * * *
    (3) Protocol for Measuring Destruction or Removal Efficiency (DRE)
of Fluorinated Greenhouse Gas Abatement Equipment in Electronics
Manufacturing, Version 1, EPA-430-R-10-003, March 2010 (EPA 430-R-10-
003), http://www.epa.gov/semiconductor-pfc/documents/dre_protocol.pdf,
IBR approved for Sec.  98.94(f)(4)(i), Sec.  98.94(g)(3), Sec.
98.97(d)(4), Sec.  98.98, Appendix A to subpart I of this part, Sec.
98.124(e)(2), and Sec.  98.414(n)(1).
* * * * *
    (n) * * *
    (1) Guideline for Environmental Characterization of Semiconductor
Process Equipment, International SEMATECH Manufacturing Initiative
Technology Transfer 06124825A-ENG, December 22, 2006
(International SEMATECH 06124825A-ENG), IBR approved for Sec.
98.96(y)(3)(i).
* * * * *

Table A-7 to subpart A  [Amended]

0
3. Table A-7 to subpart A of part 98 is amended by removing the entries
for subpart I ``98.96(f)(1),'' ``98.96(g),'' ``98.96(h),''
``98.96(i),'' ``98.96(j),'' ``98.96(k),'' ``98.96(l),'' ``98.96(n),''
``98.96(o),'' ``98.96(q)(2),'' ``98.96(q)(3),'' ``98.96(q)(5)(iv),''
and ``98.96(r)'', ``98.96(s)''.

Subpart I--[Amended]

0
4. Section 98.91 is amended by revising the definitions of
``Ci'' in Equation I-3 of paragraph (a)(3) and
``Wx'' in Equation I-5 of paragraph (b).
    The revisions read as follows:

Sec.  98.91  Reporting threshold.

    (a) * * *
    (3) * * *

Ci = Annual fluorinated GHG (input gas i) purchases or
consumption (kg). Only gases that are used in PV manufacturing
processes listed at Sec.  98.90(a)(1) through (a)(4) that have
listed GWP values in Table A-1 to subpart A of this part must be
considered for threshold applicability purposes.
* * * * *
    (b) * * *

WX = Maximum substrate starts of fab f in month x (m\2\
per month).
* * * * *

0
5. Section 98.92 is amended by:
0
a. Revising paragraphs (a) introductory text and (a)(1);
0
b. Removing and reserving paragraphs (a)(2) and (a)(3); and
0
c. Revising paragraph (a)(6).
    The revisions read as follows:

Sec.  98.92  GHGs to report.

    (a) You must report emissions of fluorinated GHGs (as defined in
Sec.  98.6), N2O, and fluorinated heat transfer fluids (as
defined in Sec.  98.98). The fluorinated GHGs and fluorinated heat
transfer fluids that are emitted from electronics manufacturing
production processes include, but are not limited to, those listed in
Table I-2 to this subpart. You must individually report, as
appropriate:
    (1) Fluorinated GHGs emitted.
* * * * *
    (6) All fluorinated GHGs and N2O consumed.
* * * * *

0
6. Section 98.93 is amended by:
0
a. Revising paragraphs (a) and (b);
0
b. Revising paragraph (c) introductory text and the definitions of
``Ci'', ``IBi''; ``IEi'',
``Ai'', and ``Di'' in Equation I-11 of paragraph
(c);
0
c. Revising paragraph (d) introductory text and the definitions of
``Di'', ``hil'', ``Fil'',
``Xi'', and ``M'' in Equation I-12 of paragraph (d);
0
d. Revising paragraph (e) introductory text and the definitions of
``Ci,j'', ``fi,j'', ``Ci'', and ``j''
in Equation I-13 of paragraph (e);
0
e. Removing and reserving paragraph (f);
0
f. Revising paragraph (g);
0
g. Revising paragraph (h) introductory text and the definitions of
``EHi'', ``IiB'', ``Pi'', ``Ni'',
``Ri'', ``IiE'', and ``Di'' in
Equation I-16 of introductory paragraph (h);
0
h. Removing and reserving paragraph (h)(2); and
0
i. Adding paragraph (i).
    The revisions and addition read as follows:

Sec.  98.93  Calculating GHG emissions.

    (a) You must calculate total annual emissions of each fluorinated
GHG emitted by electronics manufacturing production processes from each
fab (as defined in Sec.  98.98) at your facility,

including each input gas and each by-product gas. You must use either
default gas utilization rates and by-product formations rates according
to the procedures in paragraph (a)(1), (a)(2), or (a)(6) of this
section, as appropriate, or the stack test method according to
paragraph (i) of this section, to calculate emissions of each input gas
and each by-product gas.
    (1) If you manufacture semiconductors, you must adhere to the
procedures in paragraphs (a)(2)(i) through (iii) of this section. You
must calculate annual emissions of each input gas and of each by-
product gas using Equations I-6 and I-7, respectively. If your fab uses
less than 50 kg of a fluorinated GHG in one reporting year, you may
calculate emissions as equal to your fab's annual consumption for that
specific gas as calculated in Equation I-11 of this subpart, plus any
by-product emissions of that gas calculated under this paragraph (a).
[GRAPHIC] [TIFF OMITTED] TR13NO13.000

Where:

ProcesstypeEi = Annual emissions of input gas i from the
process type on a fab basis (metric tons).
Eij = Annual emissions of input gas i from process sub-
type or process type j as calculated in Equation I-8 of this subpart
(metric tons).
N = The total number of process sub-types j that depends on the
electronics manufacturing fab and emission calculation methodology.
If Eij is calculated for a process type j in Equation I-8
of this subpart, N = 1.
i = Input gas.
j = Process sub-type or process type.
[GRAPHIC] [TIFF OMITTED] TR13NO13.001

Where:

ProcesstypeBEk = Annual emissions of by-product gas k
from the processes type on a fab basis (metric tons).
BEijk = Annual emissions of by-product gas k formed from
input gas i used for process sub-type or process type j as
calculated in Equation I-9 of this subpart (metric tons).
N = The total number of process sub-types j that depends on the
electronics manufacturing fab and emission calculation methodology.
If BEijk is calculated for a process type j in Equation
I-9 of this subpart, N = 1.
i = Input gas.
j = Process sub-type, or process type.
k = By-product gas.

    (i) You must calculate annual fab-level emissions of each
fluorinated GHG used for the plasma etching/wafer cleaning process type
using default utilization and by-product formation rates as shown in
Table I-3 or I-4 of this subpart, and by using Equations I-8 and I-9 of
this subpart.
[GRAPHIC] [TIFF OMITTED] TR13NO13.002

Where:

Eij = Annual emissions of input gas i from process sub-
type or process type j, on a fab basis (metric tons).
Cij = Amount of input gas i consumed for process sub-type
or process type j, as calculated in Equation I-13 of this subpart,
on a fab basis (kg).
Uij = Process utilization rate for input gas i for
process sub-type or process type j (expressed as a decimal
fraction).
aij = Fraction of input gas i used in process sub-type or
process type j with abatement systems, on a fab basis (expressed as
a decimal fraction).
dij = Fraction of input gas i destroyed or removed in
abatement systems connected to process tools where process sub-type,
or process type j is used, on a fab basis (expressed as a decimal
fraction). This is zero unless the facility adheres to the
requirements in Sec.  98.94(f).
UTij = The average uptime factor of all abatement systems
connected to process tools in the fab using input gas i in process
sub-type or process type j, as calculated in Equation I-15 of this
subpart, on a fab basis (expressed as a decimal fraction).
0.001 = Conversion factor from kg to metric tons.
i = Input gas.
j = Process sub-type or process type.
[GRAPHIC] [TIFF OMITTED] TR13NO13.003

Where:

BEijk = Annual emissions of by-product gas k formed from
input gas i from process sub-type or process type j, on a fab basis
(metric tons).
Bijk = By-product formation rate of gas k created as a
by-product per amount of input gas i (kg) consumed by process sub-
type or process type j (kg).
Cij = Amount of input gas i consumed for process sub-
type, or process type j, as calculated in Equation I-13 of this
subpart, on a fab basis (kg).
aij = Fraction of input gas i used for process sub-type,
or process type j with abatement systems, on a fab basis (expressed
as a decimal fraction).
djk = Fraction of by-product gas k destroyed or removed
in abatement systems connected to process tools where process

sub-type, or process type j is used, on a fab basis (expressed as a
decimal fraction). This is zero unless the facility adheres to the
requirements in Sec.  98.94(f).
UTijk = The average uptime factor of all abatement
systems connected to process tools in the fab emitting by-product
gas k, formed from input gas i in process sub-type or process type
j, on a fab basis (expressed as a decimal fraction). For this
equation, UTijk is assumed to be equal to UTij
as calculated in Equation I-15 of this subpart.
0.001 = Conversion factor from kg to metric tons.
i = Input gas.
j = Process sub-type or process type.
k = By-product gas.

    (ii) You must calculate annual fab-level emissions of each
fluorinated GHG used for each of the process sub-types associated with
the chamber cleaning process type, including in-situ plasma chamber
clean, remote plasma chamber clean, and in-situ thermal chamber clean,
using default utilization and by-product formation rates as shown in
Table I-3 or I-4 of this subpart, and by using Equations I-8 and I-9 of
this subpart.
    (iii) If default values are not available for a particular input
gas and process type or sub-type combination in Tables I-3 or I-4, you
must follow the procedures in paragraph (a)(6) of this section.
    (2) If you manufacture MEMS, LCDs, or PVs, you must calculate
annual fab-level emissions of each fluorinated GHG used for the plasma
etching and chamber cleaning process types using default utilization
and by-product formation rates as shown in Table I-5, I-6, or I-7 of
this subpart, as appropriate, and by using Equations I-8 and I-9 of
this subpart. If default values are not available for a particular
input gas and process type or sub-type combination in Tables I-5, I-6,
or I-7, you must follow the procedures in paragraph (a)(6) of this
section. If your fab uses less than 50 kg of a fluorinated GHG in one
reporting year, you may calculate emissions as equal to your fab's
annual consumption for that specific gas as calculated in Equation I-11
of this subpart, plus any by-product emissions of that gas calculated
under this paragraph (a).
    (3) [Reserved]
    (4) [Reserved]
    (5) [Reserved]
    (6) If you are required, or elect, to perform calculations using
default emission factors for gas utilization and by-product formation
rates according to the procedures in paragraphs (a)(1) or (a)(2) of
this section, and default values are not available for a particular
input gas and process type or sub-type combination in Tables I-3, I-4,
I-5, I-6, or I-7, you must use the utilization and by-product formation
rates of zero and use Equations I-8 and I-9 of this subpart.
    (b) You must calculate annual fab-level N2O emissions
from all chemical vapor deposition processes and from the aggregate of
all other electronics manufacturing production processes using Equation
I-10 of this subpart and the methods in paragraphs (b)(1) and (2) of
this section. If your fab uses less than 50 kg of N2O in one
reporting year, you may calculate fab emissions as equal to your fab's
annual consumption for N2O as calculated in Equation I-11 of
this subpart.
[GRAPHIC] [TIFF OMITTED] TR13NO13.004

    Where:

E(N2O)j = Annual emissions of N2O
for N2O-using process j, on a fab basis (metric tons).
CN2O,j = Amount of N2O consumed for
N2O-using process j, as calculated in Equation I-13 of
this subpart and apportioned to N2O process j, on a fab
basis (kg).
UN2O,j = Process utilization factor for N2O-
using process j (expressed as a decimal fraction) from Table I-8 of
this subpart.
aN2O,j = Fraction of N2O used in
N2O-using process j with abatement systems, on a fab
basis (expressed as a decimal fraction).
dN2O,j = Fraction of N2O for N2O-
using process j destroyed or removed in abatement systems connected
to process tools where process j is used, on a fab basis (expressed
as a decimal fraction). This is zero unless the facility adheres to
the requirements in Sec.  98.94(f).
UTN2O = The average uptime factor of all the abatement
systems connected to process tools in the fab that use
N2O, as calculated in Equation I-15 of this subpart, on a
fab basis (expressed as a decimal fraction). For purposes of
calculating the abatement system uptime for N2O using
process tools, in Equation I-15 of this subpart, the only input gas
i is N2O, j is the N2O using process, and p is
the N2O abatement system connected to the N2O
using tool.
0.001 = Conversion factor from kg to metric tons.
j = Type of N2O-using process, either chemical vapor
deposition or all other N2O-using manufacturing
processes.

    (1) You must use the factor for N2O utilization for
chemical vapor deposition processes as shown in Table I-8 to this
subpart.
    (2) You must use the factor for N2O utilization for all
other manufacturing production processes other than chemical vapor
deposition as shown in Table I-8 to this subpart.
    (c) You must calculate total annual input gas i consumption on a
fab basis for each fluorinated GHG and N2O using Equation I-
11 of this subpart. Where a gas supply system serves more than one fab,
Equation I-11 is applied to that gas which has been apportioned to each
fab served by that system using the apportioning factors determined in
accordance with Sec.  98.94(c).
* * * * *
Ci = Annual consumption of input gas i, on a fab basis
(kg per year).
IBi = Inventory of input gas i stored in containers at
the beginning of the reporting year, including heels, on a fab basis
(kg). For containers in service at the beginning of a reporting
year, account for the quantity in these containers as if they were
full.
IEi = Inventory of input gas i stored in containers at
the end of the reporting year, including heels, on a fab basis (kg).
For containers in service at the end of a reporting year, account
for the quantity in these containers as if they were full.
Ai = Acquisitions of input gas i during the year through
purchases or other transactions, including heels in containers
returned to the electronics manufacturing facility, on a fab basis
(kg).
Di = Disbursements of input gas i through sales or other
transactions during the year, including heels in containers returned
by the electronics manufacturing facility to the chemical supplier,
as calculated using Equation I-12 of this subpart, on a fab basis
(kg).
* * * * *
    (d) You must calculate disbursements of input gas i using fab-wide
gas-specific heel factors, as determined in Sec.  98.94(b), and by
using Equation I-12 of this subpart. Where a gas supply system serves
more than one fab, Equation I-12 is applied to that gas which has been
apportioned to each fab served by that system using the apportioning
factors determined in accordance with Sec.  98.94(c).
* * * * *
Di = Disbursements of input gas i through sales or other
transactions during the

reporting year on a fab basis, including heels in containers
returned by the electronics manufacturing fab to the gas distributor
(kg).
hil = Fab-wide gas-specific heel factor for input gas i
and container size and type l (expressed as a decimal fraction), as
determined in Sec.  98.94(b). If your fab uses less than 50 kg of a
fluorinated GHG or N2O in one reporting year, you may
assume that any hil for that fluorinated GHG or N2O is
equal to zero.
* * * * *
Fil = Full capacity of containers of size and type l
containing input gas i, on a fab basis (kg).
Xi = Disbursements under exceptional circumstances of input gas i
through sales or other transactions during the year, on a fab basis
(kg). These include returns of containers whose contents have been
weighed due to an exceptional circumstance as specified in Sec.
98.94(b)(4).
* * * * *
M = The total number of different sized container types on a fab
basis. If only one size and container type is used for an input gas
i, M=1.

    (e) You must calculate the amount of input gas i consumed, on a fab
basis, for each process sub-type or process type j, using Equation I-13
of this subpart. Where a gas supply system serves more than one fab,
Equation I-13 is applied to that gas which has been apportioned to each
fab served by that system using the apportioning factors determined in
accordance with Sec.  98.94(c). If you elect to calculate emissions
using the stack test method in paragraph (i) of this section, you must
calculate the amount of input gas i consumed on the applicable basis by
using an appropriate apportioning factor. For example, when calculating
fab-level emissions of each fluorinated GHG consumed using Equation I-
21 of this section, you must substitute the term fij with the
appropriate apportioning factor to calculate the total consumption of
each fluorinated GHG in tools that are vented to stack systems that are
tested.
* * * * *
Ci,j = The annual amount of input gas i consumed, on a
fab basis, for process sub-type or process type j (kg).
fi,j = Process sub-type-specific or process type-specific
j, input gas i apportioning factor (expressed as a decimal
fraction), as determined in accordance with Sec.  98.94(c).
Ci = Annual consumption of input gas i, on a fab basis,
as calculated using Equation I-11 of this subpart (kg).
* * * * *
j = Process sub-type or process type.
* * * * *
    (g) If you report controlled emissions pursuant to Sec.  98.94(f),
you must calculate the uptime of all the abatement systems for each
combination of input gas or by-product gas, and process sub-type or
process type, by using Equation I-15 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR13NO13.005

Where:

UTij = The average uptime factor of all abatement systems
connected to process tools in the fab using input gas i in process
sub-type or process type j (expressed as a decimal fraction).
Tdijp = The total time, in minutes, that abatement system
p, connected to process tool(s) in the fab using input gas i in
process sub-type or process type j, is not in operational mode, as
defined in Sec.  98.98, when at least one of the tools connected to
abatement system p is in operation.
UTijp = Total time, in minutes per year, in which
abatement system p has at least one associated tool in operation.
For determining the amount of tool operating time, you may assume
that tools that were installed for the whole of the year were
operated for 525,600 minutes per year. For tools that were installed
or uninstalled during the year, you must prorate the operating time
to account for the days in which the tool was not installed; treat
any partial day that a tool was installed as a full day (1,440
minutes) of tool operation. For an abatement system that has more
than one connected tool, the tool operating time is 525,600 minutes
per year if at least one tool was installed at all times throughout
the year. If you have tools that are idle with no gas flow through
the tool for part of the year, you may calculate total tool time
using the actual time that gas is flowing through the tool.
i = Input gas.
j = Process sub-type or process type.
p = Abatement system.

    (h) If you use fluorinated heat transfer fluids, you must calculate
the annual emissions of fluorinated heat transfer fluids on a fab basis
using the mass balance approach described in Equation I-16 of this
subpart.
* * * * *
EHi = Emissions of fluorinated heat transfer fluid i, on
a fab basis (metric tons/year).
* * * * *
IiB = Inventory of fluorinated heat transfer fluid i, on
a fab basis, in containers other than equipment at the beginning of
the reporting year (in stock or storage) (l). The inventory at the
beginning of the reporting year must be the same as the inventory at
the end of the previous reporting year.
Pi = Acquisitions of fluorinated heat transfer fluid i,
on a fab basis, during the reporting year (l), including amounts
purchased from chemical suppliers, amounts purchased from equipment
suppliers with or inside of equipment, and amounts returned to the
facility after off-site recycling.
Ni = Total nameplate capacity (full and proper charge) of
equipment that uses fluorinated heat transfer fluid i and that is
newly installed in the fab during the reporting year (l).
Ri = Total nameplate capacity (full and proper charge) of
equipment that uses fluorinated heat transfer fluid i and that is
removed from service in the fab during the reporting year (l).
IiE = Inventory of fluorinated heat transfer fluid i, on
a fab basis, in containers other than equipment at the end of the
reporting year (in stock or storage) (l). The inventory at the
beginning of the reporting year must be the same as the inventory at
the end of the previous reporting year.
Di = Disbursements of fluorinated heat transfer fluid i,
on a fab basis, during the reporting year, including amounts
returned to chemical suppliers, sold with or inside of equipment,
and sent off-site for verifiable recycling or destruction (l).
Disbursements should include only amounts that are properly stored
and transported so as to prevent emissions in transit.
* * * * *
    (i) Stack Test Method. As an alternative to the default emission
factor method in paragraph (a) of this section, you may calculate fab-
level fluorinated GHG emissions using fab-specific emission factors
developed from stack testing. To use the method in this paragraph, you
must first make a preliminary estimate of the fluorinated GHG emissions
from each stack system in the fab under paragraph (i)(1) of this
section. You must then compare the preliminary estimate for each stack
system to the criteria in paragraph (i)(2) of this section to determine
whether the

stack system meets the criteria for using the stack test method
described in paragraph (i)(3) of this section or whether the stack
system meets the criteria for using the method described in paragraph
(i)(4) of this section to estimate emissions from the stack systems
that are not tested.
    (1) Preliminary estimate of emissions by stack system in the fab.
You must calculate a preliminary estimate of the total annual
emissions, on a metric ton CO2e basis, of all fluorinated
GHG from each stack system in the fab using default utilization and by-
product formation rates as shown in Table I-11, I-12, I-13, I-14, or I-
15 of this subpart, as applicable, and by using Equations I-8 and I-9
of this subpart. You must include any intermittent low-use fluorinated
GHGs, as defined in Sec.  98.98 of this subpart, in any preliminary
estimates. When using Equations I-8 and I-9 of this subpart for the
purposes of this paragraph (i)(1), you must also adhere to the
procedures in paragraphs (i)(1)(i) to (iv) of this section to calculate
preliminary estimates.
    (i) When you are calculating preliminary estimates for the purpose
of this paragraph (i)(1), you must consider the subscript ``j'' in
Equations I-8 and I-9, and I-13 of this subpart to mean ``stack
system'' instead of ``process sub-type or process type.'' For the value
of aij, the fraction of input gas i that is used in tools
with abatement systems, for use in Equations I-8 and I-9, you may use
the ratio of the number of tools using input gas i that have abatement
systems that are vented to the stack system for which you are
calculating the preliminary estimate to the total number of tools using
input gas i that are vented to that stack system, expressed as a
decimal fraction. In calculating the preliminary estimates, you must
account for the effect of any fluorinated GHG abatement system meeting
the definition of abatement system in Sec.  98.98. You may use this
approach to determining aij only for this preliminary
estimate.
    (ii) You must use representative data from the previous reporting
year to estimate the consumption of input gas i as calculated in
Equation I-13 of this subpart and the fraction of input gas i destroyed
in abatement systems for each stack system as calculated by Equation I-
24 of this subpart. If you were not required to submit an annual report
under subpart I for the previous reporting year and data from the
previous reporting year are not available, you may estimate the
consumption of input gas i and the fraction of input gas i destroyed in
abatement systems based on representative operating data from a period
of at least 30 days in the current reporting year. When calculating the
consumption of input gas i using Equation I-13 of this subpart, the
term ``fij'' is replaced with the ratio of the number of
tools using input gas i that are vented to the stack system for which
you are calculating the preliminary estimate to the total number of
tools in the fab using input gas i, expressed as a decimal fraction.
You may use this approach to determining fij only for this
preliminary estimate.
    (iii) You must use representative data from the previous reporting
year to estimate the total uptime of all abatement systems for the
stack system as calculated by Equation I-23 of this subpart, instead of
using Equation I-15 of this subpart to calculate the average uptime
factor. If you were not required to submit an annual report under
subpart I for the previous reporting year and data from the previous
reporting year are not available, you may estimate the total uptime of
all abatement systems for the stack system based on representative
operating data from a period of at least 30 days in the current
reporting year.
    (iv) If you anticipate an increase or decrease in annual
consumption or emissions of any fluorinated GHG, or the number of tools
connected to abatement systems greater than 10 percent for the current
reporting year compared to the previous reporting year, you must
account for the anticipated change in your preliminary estimate. You
may account for such a change using a quantifiable metric (e.g., the
ratio of the number tools that are expected to be vented to the stack
system in the current year as compared to the previous reporting year,
ratio of the expected number of wafer starts in the current reporting
year as compared to the previous reporting year), engineering judgment,
or other industry standard practice.
    (2) Method selection for stack systems in the fab. If the
calculations under paragraph (i)(1) of this section, as well as any
subsequent annual measurements and calculations under this subpart,
indicate that the stack system meets the criteria in paragraph
(i)(2)(i) through (iii) of this section, then you may comply with
either paragraph (i)(3) of this section (stack test method) or
paragraph (i)(4) of this section (method to estimate emissions from the
stack systems that are not tested). If the stack system does not meet
all three criteria in paragraph (i)(2)(i) through (iii) of this
section, then you must comply with the stack test method specified in
paragraph (i)(3) of this section. For those fluorinated GHGs in Tables
I-11, I-12, I-13, I-14, and I-15 of this subpart for which Table A-1 to
subpart A of this part does not define a GWP value, you must use a
value of 2,000 for the GWP in calculating metric ton CO2e
for that fluorinated GHG for use in paragraphs (i)(2)(i) through (iii)
of this section.
    (i) The sum of annual emissions of fluorinated GHGs from all of the
combined stack systems that are not tested in the fab must be less than
10,000 metric ton CO2e per year.
    (ii) When all stack systems in the fab are ordered from lowest to
highest emitting in metric ton CO2e of fluorinated GHG per
year, each of the stack systems that is not tested must be within the
set of the fab's lowest emitting fluorinated GHG stack systems that
together emit 15 percent or less of total CO2e fluorinated
GHG emissions from the fab.
    (iii) Fluorinated GHG emissions from each of the stack systems that
is not tested can only be attributed to particular process tools during
the test (that is, the stack system that is not tested cannot be used
as an alternative emission point or bypass stack system from other
process tools not attributed to the untested stack system).
    (3) Stack system stack test method. For each stack system in the
fab for which testing is required, measure the emissions of each
fluorinated GHG from the stack system by conducting an emission test.
In addition, measure the fab-specific consumption of each fluorinated
GHG by the tools that are vented to the stack systems tested. Measure
emissions and consumption of each fluorinated GHG as specified in Sec.
98.94(j). Develop fab-specific emission factors and calculate fab-level
fluorinated GHG emissions using the procedures specified in paragraph
(i)(3)(i) through (viii) of this section. All emissions test data and
procedures used in developing emission factors must be documented and
recorded according to Sec.  98.97.
    (i) You must measure, and, if applicable, apportion the fab-
specific fluorinated GHG consumption of the tools that are vented to
the stack systems that are tested during the emission test as specified
in Sec.  98.94(j)(3). Calculate the consumption for each fluorinated
GHG for the test period.
    (ii) You must calculate the emissions of each fluorinated GHG
consumed as an input gas using Equation I-17 of this subpart and each
fluorinated GHG formed as a by-product gas using Equation I-18 of this
subpart and the procedures specified in paragraphs (i)(3)(ii)(A)
through (E) of this section. If

a stack system is comprised of multiple stacks, you must sum the
emissions from each stack in the stack system when using Equation I-17
or Equation I-18 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR13NO13.006

Where:

Eis = Total fluorinated GHG input gas i, emitted from
stack system s, during the sampling period (kg).
Xism = Average concentration of fluorinated GHG input gas
i in stack system s, during the time interval m (ppbv).
MWi = Molecular weight of fluorinated GHG input gas i (g/
g-mole).
Qs = Flow rate of the stack system s, during the sampling
period (m3/min).
SV = Standard molar volume of gas (0.0240 m3/g-mole at
68[emsp14][deg]F and 1 atm).
[Delta]tm = Length of time interval m (minutes). Each
time interval in the FTIR sampling period must be less than or equal
to 60 minutes (for example an 8 hour sampling period would consist
of at least 8 time intervals).
1/103 = Conversion factor (1 kilogram/1,000 grams).
i = Fluorinated GHG input gas.
s = Stack system.
N = Total number of time intervals m in sampling period.
m = Time interval.
[GRAPHIC] [TIFF OMITTED] TR13NO13.007

Where:

Eks = Total fluorinated GHG by-product gas k, emitted
from stack system s, during the sampling period (kg).
Xks = Average concentration of fluorinated GHG by-product
gas k in stack system s, during the time interval m (ppbv).
MWk = Molecular weight of the fluorinated GHG by-product
gas k (g/g-mole).
Qs = Flow rate of the stack system s, during the sampling
period (m3/min).
SV = Standard molar volume of gas (0.0240 m3/g-mole at
68[emsp14][deg]F and 1 atm).
[Delta]tm = Length of time interval m (minutes). Each
time interval in the FTIR sampling period must be less than or equal
to 60 minutes (for example an 8 hour sampling period would consist
of at least 8 time intervals).
1/103 = Conversion factor (1 kilogram/1,000 grams).
k = Fluorinated GHG by-product gas.
s = Stack system.
N = Total number of time intervals m in sampling period.
m = Time interval.

    (A) If a fluorinated GHG is consumed during the sampling period,
but emissions are not detected, use one-half of the field detection
limit you determined for that fluorinated GHG according to Sec.
98.94(j)(2) for the value of ``Xism'' in Equation I-17.
    (B) If a fluorinated GHG is consumed during the sampling period and
detected intermittently during the sampling period, use the detected
concentration for the value of ``Xism'' in Equation I-17
when available and use one-half of the field detection limit you
determined for that fluorinated GHG according to Sec.  98.94(j)(2) for
the value of ``Xism'' when the fluorinated GHG is not
detected.
    (C) If an expected or possible by-product, as listed in Table I-17
of this subpart, is detected intermittently during the sampling period,
use the measured concentration for ``Xksm'' in Equation I-18
when available and use one-half of the field detection limit you
determined for that fluorinated GHG according to Sec.  98.94(j)(2) for
the value of ``Xksm'' when the fluorinated GHG is not
detected.
    (D) If a fluorinated GHG is not consumed during the sampling period
and is an expected by-product gas as listed in Table I-17 of this
subpart and is not detected during the sampling period, use one-half of
the field detection limit you determined for that fluorinated GHG
according to Sec.  98.94(j)(2) for the value of ``Xksm'' in
Equation I-18.
    (E) If a fluorinated GHG is not consumed during the sampling period
and is a possible by-product gas as listed in Table I-17 of this
subpart, and is not detected during the sampling period, then assume
zero emissions for that fluorinated GHG for the tested stack system.
    (iii) You must calculate a fab-specific emission factor for each
fluorinated GHG input gas consumed (in kg of fluorinated GHG emitted
per kg of input gas i consumed) in the tools that vent to stack systems
that are tested, as applicable, using Equation I-19 of this subpart. If
the emissions of input gas i exceed the consumption of input gas i
during the sampling period, then equate ``Eis'' to the
consumption of input gas i and treat the difference between the
emissions and consumption of input gas i as a by-product of the other
input gases, using Equation I-20 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR13NO13.008

Where:

EFif = Emission factor for fluorinated GHG input gas i,
from fab f, representing 100 percent abatement system uptime (kg
emitted/kg input gas consumed).
Eis = Mass emission of fluorinated GHG input gas i from
stack system s, during the sampling period (kg emitted).
Activityif = Consumption of fluorinated GHG input gas i,
for fab f, in the tools vented to the stack systems being tested,
during the sampling period, as determined following the procedures
specified in Sec.  98.94(j)(3) (kg consumed).

UTf = The total uptime of all abatement systems for fab
f, during the sampling period, as calculated in Equation I-23 of
this subpart (expressed as decimal fraction). If the stack system
does not have abatement systems on the tools vented to the stack
system, the value of this parameter is zero.
aif = Fraction of fluorinated GHG input gas i used in fab
f in tools with abatement systems (expressed as a decimal fraction).
dif = Fraction of fluorinated GHG input gas i destroyed
or removed in abatement systems connected to process tools in fab f,
as calculated in Equation I-24 of this subpart (expressed as decimal
fraction). If the stack system does not have abatement systems on
the tools vented to the stack system, the value of this parameter is
zero.
f = Fab.
i = Fluorinated GHG input gas.
s = Stack system.

    (iv) You must calculate a fab-specific emission factor for each
fluorinated GHG formed as a by-product (in kg of fluorinated GHG per kg
of total fluorinated GHG consumed) in the tools vented to stack systems
that are tested, as applicable, using Equation I-20 of this subpart.
When calculating the by-product emission factor for an input gas for
which emissions exceeded its consumption, exclude the consumption of
that input gas from the term ``[sum](Activityif).''
[GRAPHIC] [TIFF OMITTED] TR13NO13.009

Where:

EFkf = Emission factor for fluorinated GHG by-product gas
k, from fab f, representing 100 percent abatement system uptime (kg
emitted/kg of all input gases consumed in tools vented to stack
systems that are tested).
Eks = Mass emission of fluorinated GHG by-product gas k,
emitted from stack system s, during the sampling period (kg
emitted).
Activityif = Consumption of fluorinated GHG input gas i
for fab f in tools vented to stack systems that are tested, during
the sampling period as determined following the procedures specified
in Sec.  98.94(j)(3) (kg consumed).
UTf = The total uptime of all abatement systems for fab
f, during the sampling period, as calculated in Equation I-23 of
this subpart (expressed as decimal fraction).
af = Fraction of all fluorinated input gases used in fab
f in tools with abatement systems (expressed as a decimal fraction).
dkf = Fraction of fluorinated GHG by-product gas k
destroyed or removed in abatement systems connected to process tools
in fab f, as calculated in Equation I-24 of this subpart (expressed
as decimal fraction).
f = Fab.
i = Fluorinated GHG input gas.
k = Fluorinated GHG by-product gas.
s = Stack system.

    (v) You must calculate annual fab-level emissions of each
fluorinated GHG consumed using Equation I-21 of this section.
[GRAPHIC] [TIFF OMITTED] TR13NO13.010

Where:
Eif = Annual emissions of fluorinated GHG input gas i
(kg/year) from the stack systems that are tested for fab f.
EFif = Emission factor for fluorinated GHG input gas i
emitted from fab f, as calculated in Equation I-19 of this subpart
(kg emitted/kg input gas consumed).
Cif = Total consumption of fluorinated GHG input gas i in
tools that are vented to stack systems that are tested, for fab f,
for the reporting year, as calculated using Equation I-13 of this
subpart (kg/year).
UTf = The total uptime of all abatement systems for fab
f, during the reporting year, as calculated using Equation I-23 of
this subpart (expressed as a decimal fraction).
aif = Fraction of fluorinated GHG input gas i used in fab
f in tools with abatement systems (expressed as a decimal fraction).
dif = Fraction of fluorinated GHG input gas i destroyed
or removed in abatement systems connected to process tools in fab f
that are included in the stack testing option, as calculated in
Equation I-24 of this subpart (expressed as decimal fraction).
f = Fab.
i = Fluorinated GHG input gas.

    (vi) You must calculate annual fab-level emissions of each
fluorinated GHG by-product formed using Equation I-22 of this section.
[GRAPHIC] [TIFF OMITTED] TR13NO13.011

Where:

Ekf = Annual emissions of fluorinated GHG by-product k
(kg/year) from the stack systems that are tested for fab f.
EFkf = Emission factor for fluorinated GHG by-product k,
emitted from fab f, as calculated in Equation I-20 of this subpart
(kg emitted/kg of all fluorinated input gases consumed).
Cif = Total consumption of fluorinated GHG input gas i in
tools that are vented to stack systems that are tested, for fab f,
for the reporting year, as calculated using Equation I-13 of this
subpart.
UTf = The total uptime of all abatement systems for fab
f, during the reporting year as calculated using Equation I-23 of
this subpart (expressed as a decimal fraction).
af = Fraction of fluorinated input gases used in fab f in
tools with abatement systems (expressed as a decimal fraction).
dkf = Fraction of fluorinated GHG by-product k destroyed
or removed in abatement systems connected to process tools in fab

f that are included in the stack testing option, as calculated in
Equation I-24 of this subpart (expressed as decimal fraction).
f = Fab.
i = Fluorinated GHG input gas.
k = Fluorinated GHG by-product

    (vii) When using the stack testing method described in this
paragraph (i), you must calculate abatement system uptime on a fab
basis using Equation I-23 of this subpart. When calculating abatement
system uptime for use in Equation I-19 and I-20 of this subpart, you
must evaluate the variables ``Tdpf'' and ``UTpf''
for the sampling period instead of the reporting year.
[GRAPHIC] [TIFF OMITTED] TR13NO13.012

Where:

UTf = The average uptime factor for all abatement systems
in fab f (expressed as a decimal fraction).
Tdpf = The total time, in minutes, that abatement system
p, connected to process tool(s) in fab f, is not in operational mode
as defined in Sec.  98.98.
UTpf = Total time, in minutes per year, in which the
tool(s) connected at any point during the year to abatement system
p, in fab f could be in operation. For determining the amount of
tool operating time, you may assume that tools that were installed
for the whole of the year were operated for 525,600 minutes per
year. For tools that were installed or uninstalled during the year,
you must prorate the operating time to account for the days in which
the tool was not installed; treat any partial day that a tool was
installed as a full day (1,440 minutes) of tool operation. For an
abatement system that has more than one connected tool, the tool
operating time is 525,600 minutes per year if there was at least one
tool installed at all times throughout the year. If you have tools
that are idle with no gas flow through the tool, you may calculate
total tool time using the actual time that gas is flowing through
the tool.
f = Fab.
p = Abatement system.

    (viii) When using the stack testing option described in this
paragraph (i), you must calculate the weighted-average fraction of
fluorinated input gas i destroyed or removed in abatement systems for
each fab f, as applicable, by using Equation I-24 of this subpart.
[GRAPHIC] [TIFF OMITTED] TR13NO13.013

Where:

dif = The average weighted fraction of fluorinated GHG
input gas i destroyed or removed in abatement systems in fab f
(expressed as a decimal fraction).
Cijf = The amount of fluorinated GHG input gas i consumed
for process type j fed into abatement systems in fab f as calculated
using Equation I-13 of this subpart (kg).
DREij = Destruction or removal efficiency for fluorinated
GHG input gas i in abatement systems connected to process tools
where process type j is used (expressed as a decimal fraction)
determined according to Sec.  98.94(f).
f = fab.
i = Fluorinated GHG input gas.
j = Process type.

    (4) Method to calculate emissions from stack systems that are not
tested. You must calculate annual fab-level emissions of each
fluorinated GHG input gas and by-product gas for those fluorinated GHG
listed in paragraphs (i)(4)(i) and (ii) of this section using default
utilization and by-product formation rates as shown in Tables I-11, I-
12, I-13, I-14, or I-15 of this subpart, as applicable, and by using
Equations I-8, I-9, and I-13 of this subpart. When using Equations I-8,
I-9, and I-13 of this subpart to fulfill the requirements of this
paragraph, you must use, in place of the term Cij in each
equation, the total consumption of each fluorinated GHG meeting the
criteria in paragraph (i)(4)(i) of this section or that is used in
tools vented to the stack systems that meet the criteria in paragraph
(i)(4)(ii) of this section. You must use, in place of the term
aij, the fraction of fluorinated GHG meeting the criteria in
paragraph (i)(4)(i) of this section used in tools with abatement
systems or that is used in tools with abatement systems that are vented
to the stack systems that meet the criteria in paragraph (i)(4)(ii) of
this section. You also must use the results of Equation I-24 of this
subpart in place of the terms dij in Equation I-8 of this
subpart and djk in Equation I-9 of this subpart, and use the
results of Equation I-23 of this subpart in place of the results of
Equation I-15 of this subpart for the term UTij.
    (i) Calculate emissions from consumption of each intermittent low-
use fluorinated GHG as defined in Sec.  98.98 of this subpart using the
default utilization and by-product formation rates and equations
specified in paragraph (i)(4) of this section. If a fluorinated GHG was
not being used during the stack testing and does not meet the
definition of intermittent low-use fluorinated GHG in Sec.  98.98, then
you must test the stack systems associated with the use of that
fluorinated GHG at a time when that gas is in use at a magnitude that
would allow you to determine an emission factor for that gas according
to the procedures specified in paragraph (i)(3) of this section.
    (ii) Calculate emissions from consumption of each fluorinated GHG
used in tools vented to stack systems that meet the criteria specified
in paragraphs (i)(2)(i) through (i)(2)(iii) of this section, and were
not tested according to the procedures in paragraph (i)(3) of this
section. Calculate emissions using the default utilization and by-
product formation rates and equations specified in paragraph (i)(4) of
this section. If you are using a fluorinated GHG not listed in Tables
I-11, I-12, I-13, I-14, or I-15 of this subpart, then you must assume
utilization and by-product formation rates of zero for that fluorinated
GHG.
    (5) To determine the total emissions of each fluorinated GHG from
each fab under this stack testing option, you must sum the emissions of
each fluorinated GHG determined from the procedures in paragraph (i)(3)
of this section with the emissions of the same fluorinated GHG
determined from the procedures in paragraph (i)(4) of this section. Sum
the total emissions of each fluorinated GHG from all fabs at your
facility to determine the facility-level emissions of each fluorinated
GHG.

0
7. Section 98.94 is amended by:

0
a. Removing and reserving paragraph (a);
0
b. Revising paragraph (b), paragraph (c) introductory text, and
paragraph (c)(2);
0
c. Adding paragraph (c)(3);
0
d. Removing and reserving paragraphs (d) and (e);
0
e. Revising paragraph (f);
0
f. Removing and reserving paragraphs (g)(1) and (2);
0
g. Revising paragraphs (g)(3) and (4);
0
h. Revising paragraphs (h) introductory text, (h)(3), and (i); and
0
i. Adding paragraphs (j) and (k).
    The revisions and additions read as follows:

Sec.  98.94  Monitoring and QA/QC requirements.

* * * * *
    (b) For purposes of Equation I-12 of this subpart, you must
estimate fab-wide gas-specific heel factors for each container type for
each gas used, according to the procedures in paragraphs (b)(1) through
(b)(5) of this section. This paragraph (b) does not apply to
fluorinated GHGs or N2O that your fab uses in quantities of
less than 50 kg in one reporting year and for which you calculate
emissions as equal to consumption under Sec.  98.93(a)(1), (a)(2), or
(b), or for any intermittent low-use fluorinated GHG for which you
calculate emissions according to Sec.  98.93(i)(4)(i).
    (1) Base your fab-wide gas-specific heel factors on the trigger
point for change out of a container for each container size and type
for each gas used. Fab-wide gas-specific heel factors must be expressed
as the ratio of the trigger point for change out, in terms of mass, to
the initial mass in the container, as determined by paragraphs (b)(2)
and (3) of this section.
    (2) The trigger points for change out you use to calculate fab-wide
gas-specific heel factors in paragraph (b)(1) of this section must be
determined by monitoring the mass or the pressure of your containers.
If you monitor the pressure, convert the pressure to mass using the
ideal gas law, as displayed in Equation I-25 of this subpart, with the
appropriate Z value selected based upon the properties of the gas.
[GRAPHIC] [TIFF OMITTED] TR13NO13.014

Where:

p = Absolute pressure of the gas (Pa).
V = Volume of the gas container (m\3\).
Z = Compressibility factor.
n = Amount of substance of the gas (moles).
R = Gas constant (8.314 Joule/Kelvin mole).
T = Absolute temperature (K).

    (3) The initial mass you use to calculate a fab-wide gas-specific
heel factor in paragraph (b)(1) of this section may be based on the
weight of the gas provided to you in gas supplier documents; however,
you remain responsible for the accuracy of these masses and weights
under this subpart.
    (4) If a container is changed in an exceptional circumstance, as
specified in paragraphs (b)(4)(i) and (ii) of this section, you must
weigh that container or measure the pressure of that container with a
pressure gauge, in place of using a heel factor to determine the
residual weight of gas. When using mass-based trigger points for change
out, you must determine if an exceptional circumstance has occurred
based on the net weight of gas in the container, excluding the tare
weight of the container.
    (i) For containers with a maximum storage capacity of less than
9.08 kg (20 lbs) of gas, an exceptional circumstance is a change out
point that differs by more than 50 percent from the trigger point for
change out used to calculate your fab-wide gas-specific heel factor for
that gas and container type.
    (ii) For all other containers, an exceptional circumstance is a
change out point that differs by more than 20 percent from the trigger
point for change out used to calculate your fab-wide gas-specific heel
factor for that gas and container type.
    (5) You must re-calculate a fab-wide gas-specific heel factor if
you execute a process change to modify the trigger point for change out
for a gas and container type that differs by more than 5 percent from
the previously used trigger point for change out for that gas and
container type.
    (c) You must develop apportioning factors for fluorinated GHG and
N2O consumption (including the fraction of gas consumed by
process tools connected to abatement systems as in Equations I-8, I-9,
I-10, I-19, I-20, I-21, and I-22 of this subpart), to use in the
equations of this subpart for each input gas i, process sub-type,
process type, stack system, and fab as appropriate, using a fab-
specific engineering model that is documented in your site GHG
Monitoring Plan as required under Sec.  98.3(g)(5). This model must be
based on a quantifiable metric, such as wafer passes or wafer starts,
or direct measurement of input gas consumption as specified in
paragraph (c)(3) of this section. To verify your model, you must
demonstrate its precision and accuracy by adhering to the requirements
in paragraphs (c)(1) and (2) of this section.
* * * * *
    (2) You must demonstrate the accuracy of your fab-specific model by
comparing the actual amount of input gas i consumed and the modeled
amount of input gas i consumed in the fab, as follows:
    (i) You must analyze actual and modeled gas consumption for a
period when the fab is at a representative operating level (as defined
in Sec.  98.98) lasting at least 30 days but no more than the reporting
year.
    (ii) You must compare the actual gas consumed to the modeled gas
consumed for one fluorinated GHG reported under this subpart for the
fab. You must certify that the fluorinated GHG selected for comparison
corresponds to the largest quantity, on a mass basis, of fluorinated
GHG consumed at the fab during the reporting year for which you are
required to apportion following the procedures specified in Sec.
98.93(a), (b), or (i). You may compare the actual gas consumed to the
modeled gas consumed for two fluorinated GHGs and demonstrate
conformance according to paragraph (c)(2)(iii) of this section on an
aggregate use basis for both fluorinated GHGs if one of the fluorinated
GHGs selected for comparison corresponds to the largest quantity, on a
mass basis, of fluorinated GHGs used at each fab that requires
apportionment during the reporting year.
    (iii) You must demonstrate that the comparison performed for the
largest quantity of gas(es), on a mass basis, consumed in the fab in
paragraph (c)(2)(ii) of this section, does not result in a difference
between the actual and modeled gas consumption that exceeds 20 percent
relative to actual gas consumption, reported to two significant figures
using standard rounding conventions.
    (iv) If you are required to apportion gas consumption and you use
the procedures in Sec.  98.93(i) to calculate annual emissions from a
fab, you must verify your apportioning factors using the procedures in
paragraphs (c)(2)(ii) and (iii) of this section such that the time
period specified in paragraph (c)(2)(i) of this section and the last
day you perform the sampling events specified under Sec.  98.93(i)(3)
occur in the same accounting month.
    (v) If your facility has multiple fabs with a single centralized
fluorinated-GHG supply system, you must verify that your apportioning
model can apportion fluorinated GHG consumption among the fabs by
adhering to the procedures in paragraphs (c)(2)(ii) through (c)(2)(iv)
of this section.
    (3) As an alternative to developing apportioning factors for
fluorinated GHG and N2O consumption using a fab-specific
engineering model, you may

develop apportioning factors through the use of direct measurement
using gas flow meters and weigh scales to measure process sub-type,
process type, stack system, or fab-specific input gas consumption. You
may use a combination of apportioning factors developed using a fab-
specific engineering model and apportioning factors developed through
the use of direct measurement, provided this is documented in your site
GHG Monitoring Plan as required under 98.3(g)(5).
* * * * *
    (f) If your fab employs abatement systems and you elect to reflect
emission reductions due to these systems, or if your fab employs
abatement systems designed for fluorinated GHG abatement and you elect
to calculate fluorinated GHG emissions using the stack test method
under 98.93(i), you must comply with the requirements of paragraphs
(f)(1) through (f)(3) of this section. If you use an average of
properly measured destruction or removal efficiencies for a gas and
process sub-type or process type combination, as applicable, in your
emission calculations under Sec.  98.93(a), (b), and/or (i), you must
also adhere to procedures in paragraph (f)(4) of this section.
    (1) You must certify and document that the abatement systems are
properly installed, operated, and maintained according to the site
maintenance plan for abatement systems that is developed and maintained
in your records as specified in Sec.  98.97(d)(9).
    (2) You must calculate and document the uptime of abatement systems
using Equation I-15 or I-23 of this subpart, as applicable.
    (3) If you use default destruction and removal efficiency values in
your emissions calculations under Sec.  98.93(a), (b), and/or (i), you
must certify and document that the abatement systems at your facility
for which you use default destruction or removal efficiency values are
specifically designed for fluorinated GHG or N2O abatement,
as applicable. If you elect to calculate fluorinated GHG emissions
using the stack test method under Sec.  98.93(i), you must also certify
that you have included and accounted for all abatement systems designed
for fluorinated GHG abatement and any respective downtime in your
emissions calculations under Sec.  98.93(i)(3).
    (4) If you do not use the default destruction or removal efficiency
values in Table I-16 of this subpart to calculate and report controlled
emissions, including situations in which your fab employs abatement
systems not specifically designed for fluorinated GHG or N2O
abatement and you elect to reflect emission reduction due to these
systems, you must use an average of properly measured destruction or
removal efficiencies for each gas and process sub-type or process type
combination, as applicable, determined in accordance with procedures in
paragraphs (f)(4)(i) through (vi) of this section. You must not use a
default value from Table I-16 of this subpart for any abatement system
not specifically designed for fluorinated GHG and N2O
abatement, or for any gas and process type combination for which you
have measured the destruction or removal efficiency according to the
requirements of paragraphs (f)(4)(i) through (vi) of this section.
    (i) A properly measured destruction or removal efficiency value
must be determined in accordance with EPA 430-R-10-003 (incorporated by
reference, see Sec.  98.7), or according to an alternative method
approved by the Administrator (or authorized representative) as
specified in paragraph (k) of this section. If you are measuring
destruction or removal efficiency according to EPA 430-R-10-003
(incorporated by reference, see Sec.  98.7), you may follow the
alternative procedures specified in Appendix A to this subpart.
    (ii) You must select and properly measure the destruction or
removal efficiency for a random sample of abatement systems to include
in a random sampling abatement system testing program in accordance
with procedures in paragraphs (f)(4)(ii)(A) and (B) of this section.
    (A) For the first 2 years for which your fab is required to report
emissions of fluorinated GHG and N2O, for each abatement
system gas and process sub-type or process type combination, as
applicable, a random sample of a minimum of 10 percent of installed
abatement systems must be tested annually for a total of a minimum of
20 percent, or a minimum of 20 percent may be tested in the first year.
For every 3-year period following the initial 2-year period, a random
sample of at least 15 percent of installed abatement systems must be
tested for each gas and process sub-type or process type combination;
you may test 15-percent in the first year of the 3-year period, but you
must test at least 5 percent each year until 15 percent are tested. For
each 3-year period, you must determine the number of abatement systems
to be tested based on the average number of abatement systems in
service over the 3-year period. If the required percent of the total
number of abatement systems to be tested for each gas and process sub-
type or process type combination does not equate to a whole number, the
number of systems to be tested must be determined by rounding up to the
nearest integer. Except as provided in paragraph (f)(4)(v) of this
section, you may not retest an abatement system for any gas and process
sub-type or process type combination, as applicable, until all of the
abatement systems for that gas and process sub-type or process type
combination have been tested.
    (B) If testing of a randomly selected abatement system would be
disruptive to production, you may replace that system with another
randomly selected system for testing and return the system to the
sampling pool for subsequent testing. Any one abatement system must not
be replaced by another randomly selected system for more than three
consecutive selections. When you have to replace a system in one year,
you may select that specific system to be tested in one of the next two
sampling years so that you may plan testing of that abatement system to
avoid disrupting production.
    (iii) If you elect to take credit for abatement system destruction
or removal efficiency before completing testing on 20 percent of the
abatement systems for that gas and process sub-type or process type
combination, as applicable, you must use default destruction or removal
efficiencies for a gas and process type combination. You must not use a
default value from Table I-16 of this subpart for any abatement system
not specifically designed for fluorinated GHG and N2O
abatement, and must not take credit for abatement system destruction or
removal efficiency before completing testing on 20 percent of the
abatement systems for that gas and process sub-type or process type
combination, as applicable. Following testing on 20 percent of
abatement systems for that gas and process sub-type or process type
combination, you must calculate the average destruction or removal
efficiency as the arithmetic mean of all test results for that gas and
process sub-type or process type combination, until you have tested at
least 30 percent of all abatement systems for each gas and process sub-
type or process type combination. After testing at least 30 percent of
all systems for a gas and process sub-type or process type combination,
you must use the arithmetic mean of the most recent 30 percent of
systems tested as the average destruction or removal efficiency. You
may include results of testing conducted on or after January 1, 2011
for use in determining the site-specific destruction or removal
efficiency for a given gas and

process sub-type or process type combination if the testing was
conducted in accordance with the requirements of paragraph (f)(4)(i) of
this section.
    (iv) If a measured destruction or removal efficiency is below the
manufacturer-claimed fluorinated GHG or N2O destruction or
removal efficiency for any abatement system specifically designed for
fluorinated GHG or N2O abatement and the abatement system is
installed, operated, and maintained in accordance with the site
maintenance plan for abatement systems that is developed and maintained
in your records as specified in Sec.  98.97(d)(9), the measured
destruction or removal efficiency must be included in the calculation
of the destruction or removal efficiency value for that gas and process
sub-type or process type.
    (v) If a measured destruction or removal efficiency is below the
manufacturer-claimed fluorinated GHG or N2O destruction or
removal efficiency for any abatement system specifically designed for
fluorinated GHG or N2O abatement and the abatement system is
not installed, operated, or maintained in accordance with the site
maintenance plan for abatement systems that is developed and maintained
in your records as specified in Sec.  98.97(d)(9), you must implement
corrective action and perform a retest to replace the measured value
within the reporting year. In lieu of retesting within the reporting
year, you may use the measured value in calculating the average
destruction or removal efficiency for the reporting year, implement
corrective action, and then include the same system in the next
abatement system testing period in addition to the testing of randomly
selected systems for that next testing period. Regardless of whether
you use the lower measured destruction or removal efficiency and when
you perform the retest of the abatement system, you must count the time
that the abatement system is not operated and maintained according to
the site maintenance plan for abatement systems as not being in
operational mode for purposes of calculating abatement system uptime.
    (vi) If your fab uses redundant abatement systems, you may account
for the total abatement system uptime (that is, the time that at least
one abatement system is in operational mode) calculated for a specific
exhaust stream during the reporting year.
    (g) * * *
    (3) Follow the QA/QC procedures in accordance with those in EPA
430-R-10-003 (incorporated by reference, see Sec.  98.7), or the
applicable QA/QC procedures specified in an alternative method approved
by the Administrator (or authorized representative) according to
paragraph (k) of this section, when calculating abatement systems
destruction or removal efficiencies. If you are measuring destruction
or removal efficiency according to EPA 430-R-10-003 (incorporated by
reference, see Sec.  98.7), and you elect to follow the alternative
procedures specified in Appendix A to this subpart according to
paragraph (f)(4)(i) of this section, you must follow any additional QA/
QC procedures specified in Appendix A to this subpart.
    (4) As part of normal operations for each fab, the inventory of gas
stored in containers at the beginning of the reporting year must be the
same as the inventory of gas stored in containers at the end of the
previous reporting year. You must maintain records documenting the year
end and year beginning inventories under Sec.  98.97(a).
    (h) You must adhere to the QA/QC procedures of this paragraph (h)
when calculating annual gas consumption for each fluorinated GHG and
N2O used at each fab and emissions from the use of each
fluorinated heat transfer fluid on a fab basis.
* * * * *
    (3) Ensure that the inventory at the beginning of one reporting
year is identical to the inventory at the end of the previous reporting
year. You must maintain records documenting the year end and year
beginning inventories under Sec.  98.97(a) and (r).
* * * * *
    (i) All flow meters, weigh scales, pressure gauges, and
thermometers used to measure quantities that are monitored under this
section or used in calculations under Sec.  98.93 must meet the
calibration and accuracy requirements specified in Sec.  98.3(i).
    (j) Stack test methodology. For each fab for which you calculate
annual emissions for any fluorinated GHG emitted from your facility
using the stack test method according to the procedure specified in
Sec.  98.93(i)(3), you must adhere to the requirements in paragraphs
(j)(1) through (8) of this section. You may request approval to use an
alternative stack test method and procedure according to paragraph (k)
of this section.
    (1) Stack system testing. Conduct an emissions test for each
applicable stack system according to the procedures in paragraphs
(j)(1)(i) through (iv) of this section.
    (i) You must conduct an emission test during which the fab is
operating at a representative operating level, as defined in Sec.
98.98, and with the abatement systems connected to the stack system
being tested operating with at least 90 percent uptime, averaged over
all abatement systems, during the 8-hour (or longer) period for each
stack system, or at no less than 90 percent of the abatement system
uptime rate measured over the previous reporting year, averaged over
all abatement systems.
    (ii) You must measure for the expected and possible by-products
identified in Table I-17 of this subpart and those fluorinated GHGs
used as input fluorinated GHG in process tools vented to the stack
system, except for any intermittent low-use fluorinated GHG as defined
in Sec.  98.98. You must calculate annual emissions of intermittent
low-use fluorinated GHGs by adhering to the procedures in Sec.
98.93(i)(4)(i).
    (iii) If a fluorinated GHG being consumed in the reporting year was
not being consumed during the stack testing and does not meet the
definition of intermittent low-use fluorinated GHG in Sec.  98.98, then
you must test the stack systems associated with the use of that
fluorinated GHG at a time when that gas is in use at a magnitude that
would allow you to determine an emission factor for that gas. If a
fluorinated GHG consumed in the reporting year was not being consumed
during the stack testing and is no longer in use by your fab (e.g., use
of the gas has become obsolete or has been discontinued), then you must
calculate annual emissions for that fluorinated GHG according to the
procedure specified in Sec.  98.93(i)(4).
    (iv) Although all applicable stack systems are not required to be
tested simultaneously, you must certify that no significant changes in
stack flow configuration occur between tests conducted for any
particular fab in a reporting year. You must certify that no more than
10 percent of the total number of fluorinated GHG emitting process
tools are connected or disconnected from a stack system during testing.
You must also certify that no process tools that were in operation at
the start of the test period have been moved to a different stack
system during the test period (i.e., during or in between testing of
individual stack systems) and that no point-of-use abatement systems
have been permanently removed from service during the test period. You
must document any changes in stack flow configuration in the emissions
test data and report required to be kept as records under Sec.
98.97(i)(4).
    (2) Test methods and procedures. You must adhere to the applicable
test

methods and procedures specified in Table I-9 to this subpart, or
adhere to an alternative method approved by the Administrator (or
authorized representative) according to paragraph (k) of this section.
If you select Method 320 of 40 CFR part 63, Appendix A to measure the
concentration of each fluorinated GHG in the stack system, you must
complete a method validation according to Section 13 of Method 320 of
40 CFR part 63, Appendix A for each FTIR system (hardware and software)
and each tester (testing company). Method 320 validation is necessary
when any change occurs in instrumentation, tester (i.e., testing
company), or stack condition (e.g., acid gas vs. base). Measurement of
new compounds require validation for those compounds according to
Section 13 of Method 320 of 40 CFR part 63, Appendix A. The field
detection limits achieved under your test methods and procedures must
fall at or below the maximum field detection limits specified in Table
I-10 to this subpart.
    (3) Fab-specific fluorinated GHG consumption measurements. You must
determine the amount of each fluorinated GHG consumed by each fab
during the sampling period for all process tools connected to the stack
systems tested under Sec.  98.93(i)(3), according to the procedures in
paragraphs (j)(3)(i) and (ii) of this section. This determination must
include apportioning gas consumption between stack systems that are
being tested and those that are not tested under Sec.  98.93(i)(2).
    (i) Measure fluorinated GHG consumption using gas flow meters,
scales, or pressure measurements. Measure the mass or pressure, as
applicable, at the beginning and end of the sampling period and when
containers are changed out. If you elect to measure gas consumption
using pressure (i.e., because the gas is stored in a location above its
critical temperature) you must estimate consumption as specified in
paragraphs (j)(3)(i)(A) and (B) of this section.
    (A) For each fluorinated GHG, you must either measure the
temperature of the fluorinated GHG container(s) when the sampling
periods begin and end and when containers are changed out, or measure
the temperature of the fluorinated GHG container(s) every hour for the
duration of the sampling period. Temperature measurements of the
immediate vicinity of the containers (e.g., in the same room, near the
containers) shall be considered temperature measurements of the
containers.
    (B) Convert the sampling period-beginning, sampling period-ending,
and container change-out pressures to masses using Equation I-25 of
this subpart, with the appropriate Z value selected based upon the
properties of the gas (e.g., the Z value yielded by the Redlich, Kwong,
Soave equation of state with appropriate values for that gas). Apply
the temperatures measured at or nearest to the beginning and end of the
sampling period and to the time(s) when containers are changed out, as
applicable. For each gas, the consumption during the sampling period is
the difference between the masses of the containers of that gas at the
beginning and at the end of the sampling period, summed across
containers, including containers that are changed out.
    (ii) For each fluorinated GHG gas for which consumption is too low
to be accurately measured during the sampling period using gas flow
meters, scales, or pressure measurements as specified in paragraph
(j)(3)(i) of this section, you must follow at least one of the
procedures listed in paragraph (j)(3)(ii)(A) through (C) of this
section to obtain a consumption measurement.
    (A) Draw the gas from a single gas container if it is normally
supplied from multiple containers connected by a shared manifold.
    (B) Calculate consumption from pro-rated long-term consumption data
(for example, calculate and use hourly consumption rates from monthly
consumption data).
    (C) Increase the duration of the sampling period for consumption
measurement beyond the minimum duration specified in Table I-9 of this
subpart.
    (4) Emission test results. The results of an emission test must
include the analysis of samples, number of test runs, the average
emission factor for each fluorinated GHG measured, the analytical
method used, calculation of emissions, the fluorinated GHGs consumed
during the sampling period, an identification of the stack systems
tested, and the fluorinated GHGs that were included in the test. The
emissions test report must contain all information and data used to
derive the fab-specific emission factor.
    (5) Emissions testing frequency. You must conduct emissions testing
to develop fab-specific emission factors on a frequency according to
the procedures in paragraph (j)(5)(i) or (ii) of this section.
    (i) Annual testing. You must conduct an annual emissions test for
each stack system for which emissions testing is required under Sec.
98.93(i)(3), unless you meet the criteria in paragraph (j)(5)(ii) of
this section to skip annual testing. Each set of emissions testing for
a stack system must be separated by a period of at least 2 months.
    (ii) Criteria to test less frequently. After the first 3 years of
annual testing, you may calculate the relative standard deviation of
the emission factors for each fluorinated GHG included in the test and
use that analysis to determine the frequency of any future testing. As
an alternative, you may conduct all three tests in less than 3 calendar
years for purposes of this paragraph (j)(5)(ii), but this does not
relieve you of the obligation to conduct subsequent annual testing if
you do not meet the criteria to test less frequently. If the criteria
specified in paragraphs (j)(5)(ii)(A) and (B) of this section are met,
you may use the arithmetic average of the three emission factors for
each fluorinated GHG and fluorinated GHG by-product for the current
year and the next 4 years with no further testing unless your fab
operations are changed in way that triggers the re-test criteria in
paragraph (j)(8) of this section. In the fifth year following the last
stack test included in the previous average, you must test each of the
stack systems for which testing is required and repeat the relative
standard deviation analysis using the results of the most recent three
tests (i.e., the new test and the two previous tests conducted prior to
the 4 year period). If the criteria specified in paragraphs
(j)(5)(ii)(A) and (B) of this section are not met, you must use the
emission factors developed from the most recent testing and continue
annual testing. You may conduct more than one test in the same year,
but each set of emissions testing for a stack system must be separated
by a period of at least 2 months. You may repeat the relative standard
deviation analysis using the most recent three tests, including those
tests conducted prior to the 4 year period, to determine if you are
exempt from testing for the next 4 years.
    (A) The relative standard deviation of the total CO2e
emission factors calculated from each of the three tests (expressed as
the total CO2e fluorinated GHG emissions of the fab divided
by the total CO2e fluorinated GHG use of the fab) is less
than or equal to 15 percent.
    (B) The relative standard deviation for all single fluorinated GHGs
that individually accounted for 5 percent or more of CO2e
emissions were less than 20 percent.
    (C) For those fluorinated GHG that do not have GWP values listed in
Table A-1 to subpart A of this part, you must use a GWP value of 2,000
in calculating

CO2e in paragraphs (j)(5)(ii)(A) and (B) of this section.
    (6) Subsequent measurements. You must make an annual determination
of each stack system's exemption status under Sec.  98.93(i)(2) by
March 31 each year. If a stack system that was previously not required
to be tested per Sec.  98.93(i)(2), no longer meets the criteria in
Sec.  98.93(i)(2), you must conduct the emissions testing for the stack
system during the current reporting and develop the fab-specific
emission factor from the emissions testing.
    (7) Previous measurements. You may include the results of emissions
testing conducted on or after January 1, 2011 for use in the relative
standard deviation calculation in paragraph (j)(5)(ii) of this section
if the previous results were determined using a method meeting the
requirements in paragraph (j)(2) of this section. You may request
approval to use results of emissions testing conducted between January
1, 2011 and January 1, 2014 using a method that deviated from the
requirements in paragraph (j)(2) of this section by adhering to the
requirements in paragraphs (j)(7)(i) through (j)(7)(iv) of this
section.
    (i) Notify the Administrator (or an authorized representative) of
your intention to use the results of the previous emissions testing.
You must include in the notification the data and results you intend to
use for meeting either reporting or recordkeeping requirements, a
description of the method, and any deviations from the requirements in
paragraph (j)(2) of this section. Your description must include an
explanation of how any deviations do not affect the quality of the data
collected.
    (ii) The Administrator will review the information submitted under
paragraph (j)(7)(i) and determine whether the results of the previous
emissions testing are adequate and issue an approval or disapproval of
the use of the results within 120 days of the date on which you submit
the notification specified in paragraph (j)(7)(i) of this section.
    (iii) If the Administrator finds reasonable grounds to disapprove
the results of the previous emissions testing, the Administrator may
request that you provide additional information to support the use of
the results of the previous emissions testing. Failure to respond to
any request made by the Administrator does not affect the 120 day
deadline specified in paragraph (j)(7)(ii) of this section.
    (iv) Neither the approval process nor the failure to obtain
approval for the use of results from previous emissions testing shall
abrogate your responsibility to comply with the requirements of this
subpart.
    (8) Scenarios that require a stack system to be re-tested. By March
31 of each reporting year, you must evaluate and determine whether any
changes to your fab operations meet the criteria specified in
paragraphs (j)(8)(i) through (vi) of this section. If any of the
scenarios specified in paragraph (j)(8)(i) through (vi) of this section
occur, you must perform a re-test of any applicable stack system,
irrespective of whether you have met the criteria for less frequent
testing in paragraph (j)(5)(ii) of this section, before the end of the
year in which the evaluation was completed. You must adhere to the
methods and procedures specified in Sec.  98.93(i)(3) for performing a
stack system emissions test and calculating emissions. If you meet the
criteria for less frequent testing in paragraph (j)(5)(ii), and you are
required to perform a re-test as specified in paragraph (j)(8)(i)
through (vi) of this section, the requirement to perform a re-test does
not extend the date of the next scheduled test that was established
prior to meeting the requirement to perform a re-test. If the criteria
specified in paragraph (j)(5)(ii) of this section are not met using the
results from the re-test and the two most recent stack tests, you must
use the emission factors developed from the most recent testing to
calculate emissions and resume annual testing. You may resume testing
less frequently according to your original schedule if the criteria
specified in paragraph (j)(5)(ii) of this section are met using the
most recent three tests.
    (i) Annual consumption of a fluorinated GHG used during the most
recent emissions test (expressed in CO2e) changes by more
than 10 percent of the total annual fluorinated GHG consumption,
relative to gas consumption in CO2e for that gas during the
year of the most recent emissions test (for example, if the use of a
single gas goes from 25 percent of CO2e to greater than 35
percent of CO2e, this change would trigger a re-test). For
those fluorinated GHGs that do not have GWP values listed in Table A-1
to subpart A of this part, you must use a GWP value of 2,000 in
calculating CO2e for purposes of this paragraph.
    (ii) A change in the consumption of an intermittent low-use
fluorinated GHG (as defined in Sec.  98.98) that was not used during
the emissions test and not reflected in the fab-specific emission
factor, such that it no longer meets the definition of an intermittent
low-use fluorinated GHG.
    (iii) A decrease by more than 10 percent in the fraction of tools
with abatement systems, compared to the number during the most recent
emissions test.
    (iv) A change in the wafer size manufactured by the fab since the
most recent emissions test.
    (v) A stack system that formerly met the criteria specified under
Sec.  98.93(i)(2) for not being subject to testing no longer meets
those criteria.
    (vi) If a fluorinated GHG being consumed in the reporting year was
not being consumed during the stack test and does not meet the
definition of intermittent, low-use fluorinated GHG in Sec.  98.98,
then you must test the stack systems associated with the use of that
fluorinated GHG at a time when that gas is in use as required in
paragraph (j)(1)(iii) of this section.
    (k) You may request approval to use an alternative stack test
method and procedure or to use an alternative method to determine
abatement system destruction or removal efficiency by adhering to the
requirements in paragraphs (k)(1) through (6) of this section. An
alternative method is any method of sampling and analyzing for a
fluorinated GHG or N2O, or the determination of parameters
other than concentration, for example, flow measurements, that is not a
method specified in this subpart and that has been demonstrated to the
Administrator's satisfaction, using Method 301 in appendix A of part
63, to produce results adequate for the Administrator's determination
that it may be used in place of a method specified elsewhere in this
subpart.
    (1) You may use an alternative method from that specified in this
subpart provided that you:
    (i) Notify the Administrator (or an authorized representative) of
your intention to use an alternative method. You must include in the
notification a site-specific test plan describing the alternative
method and procedures (the alternative test plan), the range of test
conditions over which the validation is intended to be applicable, and
an alternative means of calculating the fab-level fluorinated GHG or
N2O emissions or determining the abatement system
destruction or removal efficiency if the Administrator denies the use
of the results of the alternative method under paragraph (k)(2) or (3)
of this section.
    (ii) Use Method 301 in appendix A of part 63 of this chapter to
validate the alternative method. This may include the use of only
portions of specific procedures of Method 301 if use of such procedures
are sufficient to validate the alternative method; and
    (iii) Submit the results of the Method 301 validation process along
with the notification of intention and the

rationale for not using the specified method.
    (2) The Administrator will determine whether the validation of the
proposed alternative method is adequate and issue an approval or
disapproval of the alternative test plan within 120 days of the date on
which you submit the notification and alternative test plan specified
in paragraph (k)(1) of this section. If the Administrator approves the
alternative test plan, you are authorized to use the alternative
method(s) in place of the methods described in paragraph (f)(4)(i) of
this section for measuring destruction or removal efficiency or
paragraph (j) of this section for conducting the stack test, as
applicable, taking into account the Administrator's comments on the
alternative test plan. Notwithstanding the requirement in the preceding
sentence, you may at any time prior to the Administrator's approval or
disapproval proceed to conduct the stack test using the methods
specified in paragraph (j) of this section or the destruction or
removal efficiency determination specified in (f)(4)(i) of this section
if you use a method specified in this subpart instead of the requested
alternative. If an alternative test plan is not approved and you still
want to use an alternative method, you must recommence the process to
have an alternative test method approved starting with the notification
of intent to use an alternative test method specified in paragraph
(k)(1)(i) of this section.
    (3) You must report the results of stack testing or destruction or
removal efficiency determination using the alternative method and
procedure specified in the approved alternative test plan. You must
include in your report for an alternative stack test method and for an
alternative abatement system destruction or removal efficiency
determination the information specified in paragraph (j)(4) of this
section, including all methods, calculations and data used to determine
the fluorinated GHG emission factor or the abatement system destruction
or removal efficiency. The Administrator will review the results of the
test using the alternative methods and procedure and then approve or
deny the use of the results of the alternative test method and
procedure no later than 120 days after they are submitted to EPA.
    (4) If the Administrator finds reasonable grounds to dispute the
results obtained by an alternative method for the purposes of
determining fluorinated GHG emissions or destruction or removal
efficiency of an abatement system, the Administrator may require the
use of another method specified in this subpart.
    (5) Once the Administrator has approved the use of the alternative
method for the purposes of determining fluorinated GHG emissions for
specific fluorinated GHGs and types of stack systems or abatement
system destruction or removal efficiency, that method may be used at
any other facility for the same fluorinated GHGs and types of stack
systems, or fluorinated GHGs and abatement systems, if the approved