power transformers. PFCs are also used for retrofitting CFC-113 cooled
transformers. The most common PFC used in this application is
perfluorohexane (C6F14). In terms of both
absolute and carbon-weighted emissions, PFC emissions from electrical
equipment are generally believed to be much smaller than SF6
emissions from electrical equipment.
    According to the U.S. Inventory of Greenhouse Gas Emissions and
Sinks: 1990-2007 (EPA 2009), total U.S. estimated emissions of
SF6 from electrical equipment manufacturers were 0.81
million metric tons CO2e in 2006. EPA is proposing to
require reporting from electrical equipment manufacture and
refurbishment facilities because these operations represent a
significant source, approximately 5 percent of U.S. SF6
emissions. It is estimated that ten equipment manufacturers were
responsible for these emissions.
    EPA is seeking comment on whether transformers using PFCs are
currently manufactured in the United States EPA is also seeking comment
on whether PFC emissions associated with the production of this
equipment occur at the same rate as SF6 emissions from
equipment manufacture and whether emissions occur during the same
processes. EPA is proposing to include emissions of PFCs emitted during
the manufacture or refurbishment of PFC-containing power transformers
because while PFCs are known to be used in this application, the
National Inventory has no information on the magnitude of this source.
PFCs are very potent and persistent greenhouse gases and an accurate
inventory of use and emissions from all sources is important.
2. Selection of Reporting Threshold
    We propose to require electrical equipment manufacturers to report
their SF6 and PFC emissions if their total annual purchases
of SF6 and PFCs exceed 23,000 lbs. This consumption-based
threshold is equivalent to an emissions-based threshold of 25,000
metric tons CO2 Eq., assuming an average manufacturer
emission rate of 10 percent.\43\
---------------------------------------------------------------------------

    \43\ The 10 percent emission rate is the average of the
``ideal'' and ``realistic'' manufacturing emission rates (4 percent
and 17 percent, respectively) identified in a paper prepared under
the auspices of the International Council on Large Electric Systems
(CIGRE) in February 2002 (O'Connell et al. 2002).
---------------------------------------------------------------------------

    In developing this proposed threshold, we considered several
emission-based threshold options including 1,000 metric tons
CO2e; 10,000 metric tons CO2e; 25,000 metric tons
CO2e: and 100,000 metric tons CO2e.
SF6 and PFC consumption thresholds of 922; 9,220; and 92,200
lbs of SF6 and PFC were also considered, corresponding to
the emission threshold options of 1,000; 10,000; and 100,000 metric
tons CO2e, respectively. Summaries of the threshold options
(consumption-based and emissions-based) and the number of equipment
manufacturers and emissions covered under each threshold are presented
in Table 11 of this preamble.

                        Table 11--Threshold Analysis for Electrical Equipment Manufacture
----------------------------------------------------------------------------------------------------------------
                                                                    Emissions covered        Facilities covered
 Emission threshold level  (metric  Total national     Total   -------------------------------------------------
           tons CO2e/yr)               emissions     number of    Metric tons
                                                    facilities      CO2e/yr      Percent   Facilities   Percent
----------------------------------------------------------------------------------------------------------------
1,000.............................         814,128          10         814,128        100          10        100
10,000............................         814,128          10         814,128        100          10        100
25,000............................         814,128          10         814,128        100          10        100

100,000...........................         814,128           5         569,890         70           5         50
----------------------------------------------------------------------------------------------------------------

    The proposed consumption threshold and the corresponding emissions
threshold level is consistent with general requirements of the Final
MRR (74 FR 56260) and provides comprehensive coverage of emissions for
this sector. A consumption-based threshold was selected because it
permits equipment manufacturers to quickly determine whether they are
covered by referring to SF6 and PFC purchase records.
3. Selection of Proposed Monitoring Methods
    We are proposing that all electrical equipment manufacturing
facilities where SF6 and PFC purchases exceed 23,000 lbs per
year report all SF6 and PFC emissions using a mass-balance
approach. This would include all emissions from equipment testing,
manufacturing (including filling), decommissioning and disposal,
refurbishing, and from storage cylinders. We are proposing this
approach because it is the most accurate and because all equipment
manufacturers should be able to conduct the mass-balance analysis using
readily available information.
    The proposed monitoring methods are similar to the methodologies
described in the 2006 IPCC Guidelines Tier 3 methods for emissions from
electrical equipment manufacturing. These methodologies outline a mass-
balance approach that is comparable to the proposed approach for
subpart DD Electric Power System Equipment.
    The mass-balance approach we are proposing for electrical equipment
manufacturers works by tracking and systematically accounting for all
facility uses of SF6 and PFCs during the reporting year. The
quantities of SF6 and PFCs that cannot be accounted for are
assumed to have been emitted to the atmosphere. The emissions of
SF6 and PFCs would be estimated and reported separately.
    The following equation describes the proposed facility-level mass-
balance approach. (For brevity, the equation refers only to
SF6; however, the method would also apply to PFCs in power
transformers.)

Equipment Manufacturing Emissions = Decrease in SF6
Inventory + Acquisitions of SF6-Disbursements of
SF6
Where:

    Decrease in SF6 Inventory = SF6 stored in
containers at the beginning of the year-SF6 stored in
containers at the end of the year
    Acquisitions of SF6 = SF6 purchased from
chemical producers or distributors in bulk + SF6 returned
by equipment users or distributors with or inside equipment +
SF6 returned to site after off-site recycling
    Disbursements of SF6 = SF6 contained in
new equipment delivered to customers + SF6 delivered to
equipment users in containers + SF6 returned to suppliers
+ SF6 sent off-site for recycling + SF6 sent
to destruction facilities.

    EPA is seeking comment on the proposed methods for determining
disbursements of SF6 or PFCs, specifically, with respect to
SF6 or PFCs contained in new equipment delivered to
customers and SF6 or PFCs delivered to equipment users in
cylinders. Two methods are being proposed. Disbursement of
SF6 or PFCs to customers in new equipment or cylinders could
be estimated by weighing containers before and after gas from the
containers was used to fill equipment or cylinders, or by using flow
meters to measure the amount of gas used to fill equipment or
cylinders. EPA requests comment on these two options.
    Alone, both of these options would inappropriately count as
``disbursements'' emissions that occurred between the flow meter or
weighed container and the equipment being filled. These emissions could
include losses from coupling and decoupling of fill valves and leaks
from hoses or other flow lines that connect the container to the
equipment that being filled. EPA is therefore proposing to require that
these emissions be quantified and subtracted from the disbursement
total.
    Specifically, EPA is proposing to require that these emissions be
estimated using measurements and/or engineering assessments or
calculations based on chemical engineering principles or physical or
chemical laws or properties. Such assessments or calculations could be
based on, as applicable, the internal volume of the hose or line that
was open to the atmosphere during coupling and decoupling activities,
the internal pressure of the hose or line, the time the hose or line
was open to the atmosphere during coupling and decoupling activities,
the frequency with which the hose or line was purged and the flow rate
during purges. Such methods could also include the use of leak
detection methods (e.g., EPA Method 21 and the Protocol for Equipment
Leak Emission Estimates) to determine a loss factor appropriate to
calculate emissions. Unexpected or accidental emissions from the
filling lines or hoses would be required to be included in the total.
    EPA is seeking comment on the specific methods that should be
employed to estimate emission losses from hoses or flow lines and on
whether a particular method or set of methods should be required for
this estimate. In addition, EPA requests comment on whether emissions
downstream of the containers dispensing the SF6 or PFCs
consist solely of emissions from lines or hoses. EPA's understanding is
that electrical equipment is at a vacuum and is sealed prior to being
filled with SF6 or PFCs; however, if it contains air or
nitrogen and this gas is purged during the filling process, then the
method should also account for SF6 and PFC emissions that
occur during such purging.
    EPA is also considering other options for accurately measuring the
quantities of SF6 or PFCs disbursed to equipment users in
equipment. (These options are described in more detail in the TSD.) One
option being considered is to assume that the mass of SF6 or
PFCs disbursed to customers in equipment is equal to the nameplate
capacity of the equipment (or, where the equipment is shipped with a
partial charge, equal to the nameplate capacity of the equipment times
the ratio of the densities of the partial charge and the full charge.)
Although the nominal nameplate capacity could be used for this
calculation, EPA is concerned that the actual mass of SF6 or
PFCs charged into each piece of equipment may vary by a few percent
from the nominal capacity (e.g., because there is some variability in
the internal volume of the

equipment or in the density to which the equipment is charged). Because
the mass-balance approach requires precise inputs, inaccuracies of even
two or three percent could lead to very large inaccuracies in the
facility's emissions estimate.
    One way of developing a more precise estimate of the nameplate
capacity of equipment would be to fill the equipment with a fluid and
then to carefully recover the fluid, measuring what was recovered. This
fluid could be SF6, another gas, or a liquid. If
SF6 was used, the equipment would be charged to its
operational or shipping SF6 density using the facility's
usual methods and then emptied. The mass of the SF6
recovered, adjusted slightly for the residual pressure of the
SF6 that would remain in the equipment even at a deep
vacuum, could be equated to the full or shipping charge, as applicable.
One advantage of this approach is that it would reflect the actual
SF6 charging practices of the facility; one disadvantage is
that it could result in small SF6 emissions during the
charging and recovery steps.
    If a liquid was used, the equipment would be filled carefully,
ensuring that the full volume was filled, and then emptied. The volume
of the liquid recovered would be equated to the internal volume of the
equipment.\44\ This volume times the SF6 density at the full
charge would yield the nameplate capacity of the equipment.
---------------------------------------------------------------------------

    \44\ The temperature of the liquid would need to be kept
constant throughout this exercise to obtain an accurate measurement
of the volume.
---------------------------------------------------------------------------

    To account for variability, a certain number of these measurements
would need to be performed to develop a robust and representative
average nameplate capacity (or shipping charge) for each make and
model. The specific number of measurements would depend on the
variability of the nameplate capacity within each make and model, as
discussed in the TSD. It may be appropriate to select equipment samples
filled at different times to reflect day-to-day variability in the
facility's filling practices and conditions. EPA seeks comment on these
other options for accurately measuring the quantities of SF6
and PFCs disbursed to customers in equipment and/or cylinders.
    Another option is to require that the equipment filled with
SF6 or the PFC from the container be weighed before and
after filling. The tare weight of the equipment would then be
subtracted from the weight of the filled equipment to determine the
weight of the gas in the equipment, and therefore, the weight of the
actual disbursement. One potential concern regarding this option is
that the mass of the SF6 or PFC charged into the equipment
is likely to be low relative to the mass of the equipment; thus, it may
be difficult to obtain a precise measurement of the mass of the
SF6 or PFC using this method (i.e., within 1 percent) even
if the scale is precise and accurate to within 1 percent of full scale.
EPA requests comment on this approach.
    Installation of Electrical Equipment at Electric Power Systems. EPA
also requests comment on two issues related to equipment installation
and commissioning that is performed by equipment manufacturers at
electric power systems. The first issue is whether an equipment
installation mass-balance equation is required to measure emissions
from equipment installation and commissioning that is performed by
equipment manufacturers at utility locations. Where the manufacturer
filled the equipment before transferring custody to the equipment user,
EPA is assuming that the manufacturer would be responsible for the
associated emissions. This would also apply to equipment that was
filled at the factory but whose charge leaked out before being
delivered to the customer. Quantitative methods for addressing these
issues are discussed in more detail in the TSD.
    The second issue is whether manufacturers should be required to
certify to equipment users the actual quantity (mass) of SF6
or PFCs charged into the equipment at installation. EPA understands
that in some cases, manufacturers may deliberately exceed the nameplate
capacity of equipment when charging it, e.g., to postpone the re-fill
of the equipment in the event that the equipment develops a leak. If
this is the case, then the actual initial charge of the equipment
should be conveyed clearly to the equipment user, and the mass-balance
approach used by the equipment user should be adjusted to reflect the
over-charge. If it is not, the user will underestimate emissions.
(These issues are discussed in more detail in the TSD.) EPA requests
comment on how frequently equipment is over-charged at installation,
and on quantitative methods for compensating for this overcharge in
user emissions estimates (i.e., under proposed subpart DD).
    Other Options Considered. In developing the proposed approach, we
reviewed the 2006 IPCC Guidelines, the United States GHG Inventory, DOE
1605(b), EPA's Climate Leaders Program, and The Climate Registry. In
our review of the IPCC Guidelines, we also considered the IPCC Tier 1
and the IPCC Tier 2 methods for calculating and reporting
SF6 and PFC emissions. Although the IPCC Tier 1 and IPCC
Tier 2 methods are simple, IPCC does not provide default emission
factors for the United States due to lack of data. Furthermore,
SF6 use in electrical equipment manufacturing is largely
dependent on the type of equipment being produced and the specific
handling practices at facilities. Applying an emission factor to all
equipment manufacturers would not take into account the different types
of equipment being produced at each facility or the variation in
handling practices among facilities. Nor would it provide data of
sufficient accuracy for the source or on a per facility basis. As a
result, we are not proposing the IPCC Tier 1 or Tier 2 method.
    We are not proposing to require continuous emissions monitoring
(CEMs) because of insufficient information on which to base a decision
and because CEMs is not expected to be practical for this source
category at this time due to the intermittent and widespread nature of
the emissions. EPA seeks comment on whether continuous emissions
monitoring is technically feasible for this source category.
4. Selection of Procedures for Estimating Missing Data
    It is expected that equipment manufacturers should be able to
obtain 100 percent of the data needed to perform the mass-balance
calculations for both SF6 and PFCs. The use of the mass-
balance approach requires correct records for all inputs. However, if
needed, missing data can be replaced using data from similar
manufacturing operations, and from similar equipment testing and
decommissioning activities for which data are available.
5. QA/QC Requirements
    We propose that electrical equipment manufacturers be required to
use flowmeters or scales that are accurate and precise to within one
percent of full scale. In addition, we are proposing to require
manufacturers to establish procedures for and document their
measurements and calculations under this subpart, including check-out
sheets and weigh-in procedures for cylinders, residual gas amounts in
cylinders sent back to suppliers, invoices for gas and equipment
purchases or sales, and documentation of recycling and destruction. The
records that are being proposed are the minimum needed to reproduce and
confirm emission calculations.

6. Selection of Data Reporting Requirements
    We propose annual reporting for the electrical equipment
manufacturing and refurbishing industry. Equipment manufacturers would
report all SF6 and PFC emissions, including those from
equipment testing, equipment manufacturing, and bulk SF6 and
PFC handling. However, the emissions would not need to be broken down
and reported separately for testing, manufacturing, or bulk
SF6 and PFC handling. Along with their emissions, electrical
equipment manufacturers would be required to submit the following
supplemental data: SF6 and PFCs with or inside equipment
delivered to customers, the nameplate capacity of the equipment
delivered to customers, SF6 and PFCs returned by customers
with or inside equipment, bulk SF6 and PFC purchases,
SF6 and PFCs sent off-site for destruction or to be
recycled, SF6 and PFCs returned from offsite after
recycling, SF6 and PFCs stored in containers at the
beginning and end of the year, SF6 and PFCs returned to
suppliers. For any missing data, manufacturers would be required to
report the reason the data were missing, the length of time the data
were missing, the method used to estimate emissions in their absence,
and the quantity of emissions thereby estimated.
    These data would be submitted because they are the minimum data
that are needed to understand and reproduce the emission calculations
that are the basis of the reported emissions.
7. Selection of Records That Must Be Retained
    We propose that electrical equipment manufacturers be required to
keep records documenting (1) their adherence to the QA/QC requirements
specified in the proposed rule, and (2) the data that would be included
in their emission reports, as specified above.

F. Subpart A Revisions

    Amendments to the General Provisions. In a separate rulemaking
package that was recently published (March 16, 2010), EPA issued minor
harmonizing changes to the general provisions for the GHG reporting
rule (40 CFR part 98, subpart A) to accommodate the addition of source
categories not included in the 2009 final rule (e.g., subparts proposed
in April 2009 but not finalized in 2009, any new subparts that may be
proposed in the future). The changes update 98.2(a) on rule
applicability and 98.3 regarding the reporting schedule to accommodate
any additional subparts and the schedule for their reporting
obligations (e.g., source categories finalized in 2010 would not begin
data collection until 2011 and reporting in 2012).
    In particular, we restructured 40 CFR 98.2(a) to move the lists of
source categories from the text into tables. A table format improves
clarity and facilitates the addition of source categories that were not
included in calendar year 2010 reporting and would begin reporting in
future years. A table, versus list, approach allows other sections of
the rule to be updated automatically when the table is updated; a list
approach requires separate updates to the various list references each
time the list is changed. In addition to reformatting the 98.2(a)(1)-
(2) lists into tables, other sections of subpart A were reworded to
refer to the source category tables because the tables make it clear
which source categories are to be considered for determining the
applicability threshold and reporting requirements for calendar years
2010, 2011, and future years.
    The source categories proposed in this notice would be added within
40 CFR 98.2 as follows. The following source categories would be added
to the list of ``all-in'' source categories referenced in 40 CFR
98.2(a)(1), because they have a production capacity or gas consumption
threshold rather than a CO2e emission threshold:
     Electric power systems that include electrical equipment
with a total nameplate capacity that exceeds 17,820 lbs (7,838 kg) of
SF6 or perfluorocarbons (PFCs) (subpart DD).
     Electric power equipment manufacturing with total annual
SF6 and PFC purchases (combined) that exceed 23,000 lbs per
year (subpart SS).
    The following source categories would be subject to the rule if
facility emissions exceed 25,000 metric tons CO2e per year.
Therefore, these source categories would be added to the list of
emission threshold source categories referenced in 40 CFR 98.2(a)(2).
     Fluorinated gas production facilities whose emissions
would exceed 25,000 mtCO2e in the absence of control
technologies (subpart L).
     Facilities with electronics manufacturing processes (as
defined in proposed 40 CFR part 98, subpart I).
    In addition, importers and exporters of pre-charged equipment or
closed-cell foam products containing fluorinated GHGs, N2O,
or CO2 would be added to the list of suppliers referenced in
40 CFR 98.2(a)(4). For all of these source categories, facilities would
be required to begin collecting data in 2011 for reporting in 2012.
    Today's proposed rule includes a number of definitions applicable
to specific source categories. The agency is not planning to add these
definitions to the definitions section in Subpart A because these
definitions relate to these specific subparts and do not have broader
applicability to EPA's mandatory reporting regulations. Instead, EPA
intends to include these definitions in the applicable subparts. EPA
has sought to avoid any conflict between these subpart-specific
definitions and the definitions in Subpart A. In one instance, the
supplemental proposal for electric power systems, EPA is proposing to
use a category-specific definition of facility rather than the general
definition of facility in the General Provisions. The reasons for this
category-specific definition of facility are set forth in section II.C
of this preamble. The remaining definitions are intended as supplements
to the definitions section in the General Provisions. EPA does not
believe these definitions create conflicts with the General Provisions,
although it welcomes comments on this issue. To the extent regulated
entities are in doubt as to which definition applies, they should
assume that the category-specific definitions are controlling.
    We propose to amend 40 CFR 98.7 (incorporation by reference) to
include standard methods used in the proposed subparts. In particular,
we would add the 2006 International SEMATECH Manufacturing Initiative's
Guidelines for Environmental Characterization of Semiconductor Process
Equipment and SEMI E10-0304 Specification for Definition and
Measurement of Equipment Reliability, Availability, and Maintainability
(2006), which are referenced in proposed 40 CFR 98.94 (Monitoring and
QA/QC Requirements for 40 CFR part 98, subpart I, electronics
manufacturing) and 40 CFR 98.97 (Records that must be retained). In
addition, we propose to revise the paragraphs listing several ASME
standards that are already contained in 40 CFR 98.7 to indicate that
these standards are also referenced by proposed 40 CFR 98.124
(Monitoring and QA/QC requirements in proposed 40 CFR part 98, subpart
L, fluorinated gas production).

III. Economic Impacts of the Rule

    This section of the preamble examines the costs and economic
impacts of the proposed rulemaking and the estimated economic impacts
of the rule on affected entities, including estimated impacts on small
entities. Complete detail of the economic impacts of the proposed rule
can be found in the text of the economic

impact analysis (EIA) in the docket for this rulemaking (EPA-HQ-OAR-
2009-0927).

A. How were compliance costs estimated?

1. Summary of Method Used To Estimate Compliance Costs
    EPA used available industry and EPA data to characterize conditions
at affected sources. Incremental monitoring, recordkeeping, and
reporting activities were then identified for each type of facility and
the associated costs were estimated. The annual costs reported in
2006$. EPA's estimated costs of compliance are discussed below and in
greater detail in section 4 of the economic impact analysis (EIA).
    Labor Costs. The vast majority of the reporting costs include the
time of managers, technical, and administrative staff in both the
private sector and the public sector. Staff hours are estimated for
activities, including:
     Monitoring (private): Staff hours to operate and maintain
emissions monitoring systems.
     Recordkeeping and Reporting (private): Staff hours to
gather and process available data and reporting it to EPA through
electronic systems.
     Assuring and releasing data (public): Staff hours to
quality assure, analyze, and release reports.
    Staff activities and associated labor costs will potentially vary
over time. Thus, cost estimates are developed for start-up and first-
time reporting, and subsequent reporting. Wage rates to monetize staff
time are obtained from the Bureau of Labor Statistics (BLS).
    Equipment Costs. Equipment costs include both the initial purchase
price and any facility modification that may be required. Based on
expert judgment, the engineering costs analyses annualized capital
equipment costs with appropriate lifetime and interest rate
assumptions. One-time capital costs are amortized over a 10-year cost
recovery period at a rate of 7 percent.

B. What are the costs of the rule?

1. Summary of Costs
    The total annualized costs incurred under the fluorinated GHG
reporting rule would be approximately $6.1 million in the first year
and $3.9 million in subsequent years ($2006). This includes a public
sector burden estimate of $384,000 for program implementation and
verification activities. EPA also considered an alternative national
cost scenario in order to assess national cost estimates if selected
subpart I facilities validate the DRE of abatement devices. Under this
scenario, the total annualized costs incurred under the fluorinated GHG
reporting rule would be approximately $1.7 million higher (or $7.8
million first year; $5.6 million subsequent years). Table 12 shows the
first year and subsequent year costs by subpart. In addition, it
presents the cost per ton reported, and the relative share of the total
cost represented by each subpart.

       Table 12--National Annualized Mandatory Reporting Costs Estimates (2008$): Subparts I, L, OO and SS
----------------------------------------------------------------------------------------------------------------
                                                First year                           Subsequent years
                                --------------------------------------------------------------------------------
            Subpart                Millions                                 Millions
                                     2006$        $/ton       Share (%)       2006$        $/ton      Share (%)
----------------------------------------------------------------------------------------------------------------
Subpart I--Electronics Industry         $2.9         $0.51          42           $2.6         $0.45           67
Subpart L--Fluorinated Gas               2.1          0.20          47            0.3          0.08            7
 Production....................
Subpart OO--Imports and Exports          0.7          0.02          10            0.6          0.02           16
 of Fluorinated GHGs...........
Subpart SS--Electrical                   0.02         0.01           0.3          0.02         0.01            1
 Equipment Manufacture and
 Refurbishment and
 Manufacturing of Electrical
 Components....................
                                --------------------------------------------------------------------------------
    Private Sector, Total......          5.7   ...........          94            3.5   ...........           90
                                --------------------------------------------------------------------------------
    Public Sector, Total.......          0.4   ...........           6            0.4   ...........           10
                                ================================================================================
        Total..................          6.1   ...........         100            3.9   ...........          100
----------------------------------------------------------------------------------------------------------------

C. What are the economic impacts of the rule?

1. Summary of Economic Impacts
    EPA prepared an economic analysis to evaluate the impacts of the
proposed rule on affected industries. To estimate the economic impacts,
EPA first conducted a screening assessment, comparing the estimated
total annualized compliance costs by industry, where industry is
defined in terms of North American Industry Classification System
(NAICS) code, with industry average revenues. Average cost-to-sales
ratios for establishments in affected NAICS codes are typically less
than 1 percent.
    These low average cost-to-sales ratios indicate that the rule is
unlikely to result in significant changes in firms' production
decisions or other behavioral changes, and thus unlikely to result in
significant changes in prices or quantities in affected markets. Thus,
EPA followed its Guidelines for Preparing Economic Analyses (EPA, 2002,
p. 124-125) and used the engineering cost estimates to measure the
social cost of the rule, rather than modeling market responses and
using the resulting measures of social cost. Table 13 of this preamble
summarizes cost-to-sales ratios for affected industries.

                         Table 13--Estimated Cost-to-Sales Ratios for Affected Entities
                                               [First Year, 2006$]
----------------------------------------------------------------------------------------------------------------
                                                                                Average cost
                 NAICS                        NAICS description         Subpart   per entity  ($/   All  enter-
                                                                                entity)         prises
----------------------------------------------------------------------------------------------------------------
334413................................  Semiconductor and Related              I         $31,748           0.05%
                                         Device Manufacturing
                                         (Semiconductors).

334413................................  Semiconductor and Related              I           5,239            0.01
                                         Device Manufacturing (MEMS).
334413................................  Semiconductor and Related              I           7,598            0.01
                                         Device Manufacturing (LCD).
334119................................  Other Computer Peripheral              I           8,777            0.04
                                         Equipment Manufacturing
                                         (Photovoltaics).
325120................................  Industrial Gas Manufacturing.          L         151,045            1.44
326140................................  Polystyrene Foam Product              OO           3,364            0.03
                                         Manufacturing.
326150................................  Urethane and Other Foam               OO           3,364            0.03
                                         Product (except Polystyrene)
                                         Manufacturing.
333415................................  Air-Conditioning and Warm Air         OO           3,364            0.01
                                         Heating Equipment and
                                         Commercial and Industrial
                                         Refrigeration Equipment
                                         Manufacturing.
335313................................  Switchgear and Switchboard            OO           3,364            0.02
                                         Apparatus Manufacturing.
336391................................  Motor Vehicle Air-                    OO           3,364            0.01
                                         Conditioning Manufacturing.
423610................................  Electrical Apparatus and              OO           3,364            0.05
                                         Equipment, Wiring Supplies,
                                         and Related Equipment
                                         Merchant Wholesalers.
423620................................  Electrical and Electronic             OO           3,364            0.02
                                         Appliance, Television, and
                                         Radio Set Merchant
                                         Wholesalers.
423720................................  Plumbing and Heating                  OO           3,364            0.05
                                         Equipment and Supplies
                                         (Hydronics) Merchant
                                         Wholesalers.
423730................................  Warm Air Heating and Air-             OO           3,364            0.07
                                         Conditioning Equipment and
                                         Supplies Merchant
                                         Wholesalers.
423740................................  Refrigeration Equipment and           OO           3,364            0.10
                                         Supplies Merchant
                                         Wholesalers.
443111................................  Household Appliance Stores...         OO           3,364            0.27
443112................................  Radio, Television and Other           OO           3,364            0.15
                                         Electronics Stores.
424610 \b\............................  Plastics Materials and Basic          OO           3,364            0.04
                                         Forms and Shapes Merchant
                                         Wholesalers.
33361.................................  Engine, Turbine, and Power            SS           2,213            0.01
                                         Transmission Equipment
                                         Manufacturing.
33531.................................  Electrical Equipment                  SS           2,213            0.02
                                         Manufacturing.
----------------------------------------------------------------------------------------------------------------
\b\ The 2002 SUSB data uses 1997 NAICS codes. For this industry, the relevant code is NAICS 422610.

D. What are the impacts of the rule on small businesses?

1. Summary of Impacts on Small Businesses
    As required by the RFA and SBREFA, EPA assessed the potential
impacts of the rule on small entities (small businesses, governments,
and non-profit organizations). (See Section IV.C of this preamble for
definitions of small entities.)
    EPA conducted a screening assessment comparing compliance costs for
affected industry sectors to industry-specific receipts data for
establishments owned by small businesses. This ratio constitutes a
``sales'' test that computes the annualized compliance costs of this
rule as a percentage of sales and determines whether the ratio exceeds
some level (e.g., 1 percent or 3 percent).
    The cost-to-sales ratios were constructed at the establishment
level (average reporting program costs per establishment/average
establishment receipts) for several business size ranges. This allowed
EPA to account for receipt differences between establishments owned by
large and small businesses and differences in small business
definitions across affected industries. The results of the screening
assessment are shown in Table 14 of this preamble.
    As shown, the cost-to-sales ratios are typically less than 1
percent for establishments owned by small businesses that EPA considers
most likely to be covered by the reporting program (e.g.,
establishments owned by businesses with 20 or more employees).

                                                            Table 14--Estimated Cost-to-Sales Ratios by Industry and Enterprise Size
                                                                                [First Year, 2006$] \a\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  SBA size                                                  Owned by enterprises with:
                                                                  standard     Average               -----------------------------------------------------------------------
             NAICS              NAICS description    Sub-part    (effective    cost per   All enter-                                                               1,000 to
                                                                 March 11,    entity ($/    prises      1 to 20    20 to 99   100 to 499  500 to 749  750 to 999     1,499
                                                                   2008)       entity)                 employees   employees   employees   employees   employees   employees
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
334413........................  Semiconductor and  I            500          $31,748      0.05%       2.07%       0.40%       0.12%       0.08%       0.02%       0.04%
                                 Related Device
                                 Manufacturing
                                 (Semiconductors).
334413........................  Semiconductor and  I            500          5,239        0.01%       0.34%       0.07%       0.02%       0.01%       0.00%       0.01%
                                 Related Device
                                 Manufacturing
                                 (MEMS).
334413........................  Semiconductor and  I            500          7,598        0.01%       0.50%       0.10%       0.03%       0.02%       0.01%       0.01%
                                 Related Device
                                 Manufacturing
                                 (LCD).

334119........................  Other Computer     I            1,000        8,777        0.04%       0.56%       0.09%       0.03%       0.01%       0.02%       0.01%
                                 Peripheral
                                 Equipment
                                 Manufacturing
                                 (Photovoltaics).
325120........................  Industrial Gas     L            1,000        151,045      1.44%       31.03%      1.03%       4.26%       NA          NA          NA
                                 Manufacturing.
326140........................  Polystyrene Foam   OO           500          3,364        0.03%       0.28%       0.07%       0.04%       NA          NA          0.01%
                                 Product
                                 Manufacturing.
326150........................  Urethane and       OO           500          3,364        0.03%       0.21%       0.06%       0.02%       0.02%       NA          NA
                                 Other Foam
                                 Product (except
                                 Polystyrene)
                                 Manufacturing.
333415........................  Air-Conditioning   OO           750          3,364        0.01%       0.25%       0.04%       0.02%       0.01%       0.01%       0.01%
                                 and Warm Air
                                 Heating
                                 Equipment and
                                 Commercial and
                                 Industrial
                                 Refrigeration
                                 Equipment
                                 Manufacturing.
335313........................  Switchgear and     OO           750          3,364        0.02%       0.26%       0.06%       0.02%       NA          NA          NA
                                 Switchboard
                                 Apparatus
                                 Manufacturing.
336391........................  Motor Vehicle Air- OO           750          3,364        0.01%       0.37%       0.08%       NA          NA          NA          NA
                                 Conditioning
                                 Manufacturing.
423610........................  Electrical         OO           100          3,364        0.05%       0.11%       0.03%       0.04%       0.05%       0.03%       0.04%
                                 Apparatus and
                                 Equipment,
                                 Wiring Supplies,
                                 and Related
                                 Equipment
                                 Merchant
                                 Wholesalers.
423620........................  Electrical and     OO           100          3,364        0.02%       0.08%       0.02%       0.01%       0.00%       0.01%       0.01%
                                 Electronic
                                 Appliance,
                                 Television, and
                                 Radio Set
                                 Merchant
                                 Wholesalers.
423720........................  Plumbing and       OO           100          3,364        0.05%       0.12%       0.02%       0.04%       0.07%       0.03%       0.10%
                                 Heating
                                 Equipment and
                                 Supplies
                                 (Hydronics)
                                 Merchant
                                 Wholesalers.
423730........................  Warm Air Heating   OO           100          3,364        0.07%       0.15%       0.06%       0.06%       0.12%       0.03%       NA
                                 and Air-
                                 Conditioning
                                 Equipment and
                                 Supplies
                                 Merchant
                                 Wholesalers.
423740........................  Refrigeration      OO           100          3,364        0.10%       0.18%       0.05%       0.11%       0.09%       0.05%       NA
                                 Equipment and
                                 Supplies
                                 Merchant
                                 Wholesalers.
443111........................  Household          OO           $9 M         3,364        0.27%       0.47%       0.10%       0.08%       NA          NA          NA
                                 Appliance Stores.
443112........................  Radio, Television  OO           $9 M         3,364        0.15%       0.59%       0.17%       0.26%       NA          NA          NA
                                 and Other
                                 Electronics
                                 Stores.
424610 \b\....................  Plastics           OO           100          3,364        0.04%       0.10%       0.03%       0.02%       0.01%       0.01%       0.06%
                                 Materials and
                                 Basic Forms and
                                 Shapes Merchant
                                 Wholesalers.
33361.........................  Engine, Turbine,   SS           500-1,000    2,213        0.01%       0.19%       0.03%       0.01%       0.01%       0.01%       0.01%
                                 and Power
                                 Transmission
                                 Equipment
                                 Manufacturing.
33531.........................  Electrical         SS           750-1,000    2,213        0.02%       0.22%       0.04%       0.01%       0.01%       0.00%       0.01%
                                 Equipment
                                 Manufacturing.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ The Census Bureau defines an enterprise as a business organization consisting of one or more domestic establishments that were specified under common ownership or control. The enterprise
  and the establishment are the same for single-establishment firms. Each multi-establishment company forms one enterprise--the enterprise employment and annual payroll are summed from the
  associated establishments. Enterprise size designations are determined by the summed employment of all associated establishments. Since the SBA's business size definitions (http://
  www.sba.gov/size) apply to an establishment's ultimate parent company, we assume in this analysis that the enterprise definition above is consistent with the concept of ultimate parent
  company that is typically used for Small Business Regulatory Enforcement Fairness Act (SBREFA) screening analyses.

\b\ The 2002 SUSB data uses 1997 NAICS codes. For this industry, the relevant code is NAICS 422610.

    EPA acknowledges that several enterprise categories have ratios
that exceed this threshold (e.g., enterprise with one to 20 employees).
The Industrial Gas Manufacturing industry (NAICS 325120) has sales test
results over 1 percent for all enterprises. The following enterprise
categories have sales test results over 1 percent and for entities with
less than 20 employees: Industrial Gas Manufacturing (325120) and
Semiconductor and Related Device Manufacturing (334413).
    EPA took a more detailed look at the categories noted above as
having sales test ratios above 1 percent. EPA collected information on
the entities likely to be covered by the rule as part of the expert
sub-group process.
    Industrial Gas Manufacturing (325120). Subpart L covers facilities
included in NAICS codes for Industrial Gas Manufacturing (NAICS
325120). Within this subpart, EPA identified 13 ultimate parent company
names covered by the proposed rule. Using publicly available sources
(e.g., Hoovers.com), we collected parent company sales and employment
data and found that only one company could be classified as a small
entity. Using the cost data for a representative entity (see Section
4), EPA determined the small entity's cost-to-sales ratio is below one
percent.
    Electronic Computer Manufacturing (334111) and Semiconductor and
Related Device Manufacturing (334413). Data on the number of
electronics facilities comes from the World Fab Watch and the Flat
Panel Display Fabs on Disk datasets. The census data categories cover
more establishments than just those facilities covered in the rule.
Subpart I covers facilities included in NAICS codes for Semiconductor
and Related Device Manufacturing (334413) and Other Computer Peripheral
Equipment Manufacturing (334119). The World Fab Watch dataset includes
216 facilities (94 of which exceed the 25,000 ton threshold), while the
sum of the two NAICS codes include 1,903 establishments. Covered
facilities with emissions greater than 25,000 MtCO2e per
year are unlikely to be included in the 1 to 20 employees size
category. Emissions are roughly proportional to production, and
establishments with 1 to 20 employees total only 1.6 percent of total
receipts, while the proposed threshold excludes 6 percent of industry
emissions from the least-emitting facilities. Although this rule will
not have a significant economic impact on a substantial number of small
entities, EPA nonetheless took several steps to reduce the impact of
this rule on small entities. For example, EPA is proposing monitoring
and reporting requirements that build off of the UIC program. In
addition, EPA is proposing equipment and methods that may already be in
use by a facility for compliance with its UIC permit. Also, EPA is
requiring annual reporting instead of more frequent reporting.
    In addition to the public hearing that EPA plans to hold, EPA has
an open door policy, similar to the outreach conducted during the
development of the proposed and final MRR. Details of these meetings
are available in the docket (EPA-HQ-OAR-2009-0927).

E. What are the benefits of the rule for society?

    EPA examined the potential benefits of the Fluorinated GHG
Reporting Rule. EPA's previous analysis of the GHG reporting rule
discussed the benefits of a reporting system with respect to policy
making relevance, transparency issues, market efficiency. Instead of a
quantitative analysis of the benefits, EPA conducted a systematic
literature review of existing studies including government, consulting,
and scholarly reports.
    A mandatory reporting system will benefit the public by increased
transparency of facility emissions data. Transparent, public data on
emissions allows for accountability of polluters to the public
stakeholders who bear the cost of the pollution. Citizens, community
groups, and labor unions have made use of data from Pollutant Release
and Transfer Registers to negotiate directly with polluters to lower
emissions, circumventing greater government regulation. Publicly
available emissions data also will allow individuals to alter their
consumption habits based on the GHG emissions of producers.
    The greatest benefit of mandatory reporting of industry GHG
emissions to government will be realized in developing future GHG
policies. For example, in the EU's Emissions Trading System, a lack of
accurate monitoring at the facility level before establishing
CO2 allowance permits resulted in allocation of permits for
emissions levels an average of 15 percent above actual levels in every
country except the United Kingdom.
    Benefits to industry of GHG emissions monitoring include the value
of having independent, verifiable data to present to the public to
demonstrate appropriate environmental stewardship, and a better
understanding of their emission levels and sources to identify
opportunities to reduce emissions. Such monitoring allows for inclusion
of standardized GHG data into environmental management systems,
providing the necessary information to achieve and disseminate their
environmental achievements.
    Standardization will also be a benefit to industry, once facilities
invest in the institutional knowledge and systems to report emissions,
the cost of monitoring should fall and the accuracy of the accounting
should improve. A standardized reporting program will also allow for
facilities to benchmark themselves against similar facilities to
understand better their relative standing within their industry.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Section 3(f)(1) of Executive Order 12866 (58 FR 51735,
October 4, 1993), this proposed action is not by itself an
``economically significant regulatory action'' because it is unlikely
to have an annual economic effect of less than $100 million. EPA's cost
analysis, presented in Section 4 of the Economic Impact Analysis (EIA),
estimates that for the minimum reporting under the recommended
regulatory option, the total annualized cost of the rule will be
approximately $6.1 million (in 2006$) during the first year of the
program and $3.9 million in subsequent years (including $0.4 million of
programmatic costs to the Agency). This proposed action adds subparts
I, L, OO, and SS to the MRR, which was a significant regulatory action.
Thus, EPA has chosen to analyze the impacts of this proposed rule as if
it were significant. EPA submitted this proposed action to the Office
of Management and Budget (OMB) for review under Executive Order 12866,
and any changes made in response to OMB recommendations have been
documented in the docket for this proposed action.
    In addition, EPA prepared an analysis of the potential costs
associated with this proposed action. This analysis is contained in the
Economic Impact Analysis (EIA), Economic Impact Analysis for the
Mandatory Reporting of Greenhouse Gas Emissions F-Gases Subparts I, L,
OO, and SS (EPA-HQ-OAR-2009-0927). A copy of the analysis is available
in the docket for this action and the analysis is briefly

summarized here. In this report, EPA has identified the regulatory
options considered, their costs, the emissions that would likely be
reported under each option, and explained the selection of the option
chosen for the rule. Overall, EPA has concluded that the costs of the
F-Gases Rule are outweighed by the potential benefits of more
comprehensive information about GHG emissions.

B. Paperwork Reduction Act

    The information collection requirements in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The
Information Collection Request (ICR) document prepared by EPA has been
assigned EPA ICR number [2373.01].
    EPA has identified the following goals of the mandatory GHG
reporting system:
     Obtain data that is of sufficient quality that it can be
used to analyze and inform the development of a range of future climate
change policies and potential regulations.
     Balance the rule's coverage to maximize the amount of
emissions reported while excluding small emitters.
     Create reporting requirements that are, to the extent
possible and appropriate, consistent with existing GHG reporting
programs in order to reduce reporting burden for all parties involved.
    The information from fluorinated GHG facilities will allow EPA to
make well-informed decisions about whether and how to use the CAA to
regulate these facilities and encourage voluntary reductions. Because
EPA does not yet know the specific policies that will be adopted, the
data reported through the mandatory reporting system should be of
sufficient quality to inform policy and program development. Also,
consistent with the Appropriations Act, the reporting rule covers a
broad range of sectors of the economy.
    This information collection is mandatory and will be carried out
under CAA section 114. Information identified and marked as
Confidential Business Information (CBI) will not be disclosed except in
accordance with procedures set forth in 40 CFR Part 2. However,
emissions information collected under CAA section 114 generally cannot
be claimed as CBI and will be made public.\45\
---------------------------------------------------------------------------

    \45\ Although CBI determinations are usually made on a case-by-
case basis, EPA has issued guidance in an earlier Federal Register
notice on what constitutes emissions data that cannot be considered
CBI (956 FR 7042-7043, February 21, 1991). As discussed in Section
II.R of the preamble to the Final MRR, EPA will be initiating a
separate notice and comment process to make CBI determinations for
the data collected under this proposed rulemaking.
---------------------------------------------------------------------------

    The projected cost and hour respondent burden in the ICR, averaged
over the first three years after promulgation, is $4.51 million and
81,500 hours per year. The estimated average burden per response is 272
hours; the frequency of response is annual for all respondents that
must comply with the rule's reporting requirements; and the estimated
average number of likely respondents per year is 276. The cost burden
to respondents resulting from the collection of information includes
the total capital and start-up cost annualized over the equipment's
expected useful life (averaging $44,000 per year) a total operation and
maintenance component (averaging $24,000 per year), and a labor cost
component (averaging $4.44 million per year). Burden is defined at 5
CFR Part 1320.3(b).
    These cost numbers differ from those shown elsewhere in the EIA
because ICR costs represent the average cost over the first three years
of the rule, but costs are reported elsewhere in the EIA for the first
year of the rule. Also, the total cost estimate of the rule in the EIA
includes the cost to the Agency to administer the program. The ICR
differentiates between respondent burden and cost to the Agency,
estimated to be $384,000.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9. When this ICR is
approved by OMB, the Agency will publish a technical amendment to 40
CFR part 9 in the Federal Register to display the OMB control number
for the approved information collection requirements contained in the
final rule.
    To comment on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, EPA has established a public docket for
this proposed rule, which includes this ICR, under Docket ID number
EPA-HQ-OAR-2009-0927. Submit any comments related to the ICR to EPA and
OMB. See ADDRESSES section at the beginning of this notice for where to
submit comments to EPA. Send comments to OMB at the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street, NW., Washington, DC 20503, Attention: Desk Office for
EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after [date of publication], a comment to OMB is
best assured of having its full effect if OMB receives it by
[publication plus 30]. The final rule will respond to any OMB or public
comments on the information collection requirements contained in this
proposal.

C. Regulatory Flexibility Act (RFA)

    The 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 today's rule on small
entities, For the fluorinated GHG Reporting Rule, small entity is
defined as a small business as defined by the Small Business
Administration's regulations at 13 CFR 121.201; according to these size
standards, criteria for determining if ultimate parent companies owning
affected facilities are categorized as small vary by NAICS. Small
entity criteria range from total number of employees at the firm fewer
than 100 to number of employees fewer than 1000; one affected NAICS,
44311, defines small entities as those with sales below $9 million. EIA
tables 5-11 and 5-12 present small business criteria and enterprise
size distribution data for affected NAICS.EPA assessed the potential
impacts of the proposed rule on small entities using a sales test,
defined as the ratio of total annualized compliance costs to firm
sales. Details are provided in section 5.3 of the EIA. These sales
tests examine the average establishment's total annualized mandatory
reporting costs to the average establishment receipts for enterprises
within several employment categories.\46\ The average entity costs used
to compute the sales test are the same across all of these enterprise
size categories. As a result, the sales-test will overstate the cost-
to-receipt ratio for establishments owned by small businesses, because
the reporting costs are likely lower than average entity estimates
provided by the engineering cost analysis.
---------------------------------------------------------------------------

    \46\ For the one to 20 employee category, we exclude SUSB data
for enterprises with zero employees. These enterprises did not
operate the entire year.

---------------------------------------------------------------------------

    The results of the screening analysis show that for most NAICS, the
costs are estimated to be less than 1 percent of sales in all firm size
categories. For two NAICS, however, the costs exceed 1 percent of sales
for the 1-20 employee size category; for these NAICS, a more detailed
assessment was conducted. For NAICS 334413, firms with fewer than 20
employees produce less than 2 percent of output; firms below the 25,000
Mt CO2e threshold release approximately 6 percent of
emissions. Because emissions and production levels are highly
correlated, firms with fewer than 20 employees are generally not
expected to be affected by the proposed rule; if they are, their costs
are likely to be lower than the overall average costs used in the
screening analysis. Thus, EPA does not expect the proposed rule to
impose significant costs to a substantial number of small entities in
NAICS 334413. Subpart L covers facilities included in NAICS codes for
Industrial Gas Manufacturing (NAICS 325120). Within this subpart, EPA
identified 13 ultimate parent company names covered by the proposed
rule. Using publicly available sources (e.g.,hoovers.com), we collected
parent company sales and employment data and found that only one
company could be classified as a small entity. Using the cost data for
a representative entity (see Section 4 of the EA), EPA determined the
small entity's cost-to-sales ratio is below one percent.
    After considering the economic impacts of today's proposed rule on
small entities, I therefore certify that this proposed rule will not
have a significant economic impact on a substantial number of small
entities.
    Although this rule would not have a significant economic impact on
a substantial number of small entities, the Agency nonetheless tried to
reduce the impact of this rule on small entities, including seeking
input from a wide range of private- and public-sector stakeholders.
When developing the rule, the Agency took special steps to ensure that
the burdens imposed on small entities were minimal. The Agency
conducted several meetings with industry trade associations to discuss
regulatory options and the corresponding burden on industry, such as
recordkeeping and reporting. The Agency investigated alternative
thresholds and analyzed the marginal costs associated with requiring
smaller entities with lower emissions to report. The Agency also
selected a hybrid method for reporting, which provides flexibility to
entities and helps minimize reporting costs.
    In addition to the public hearing that EPA plans to hold, EPA has
an open door policy, similar to the outreach conducted during the
development of the proposed and final MRR.
    Details of these meetings are available in the docket (EPA-HQ-OAR-
2009-0927).

D. Unfunded Mandates Reform Act (UMRA)

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under Section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for final rules with ``Federal mandates'' that may result in
expenditures to State, local, and Tribal governments, in the aggregate,
or to the private sector, of $100 million or more in any one year.
    This proposed 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. Overall, EPA estimates that the total annualized costs of this
proposed rule are approximately $6.1 million in the first year, and
$3.9 million per year in subsequent years. Thus, this proposed rule is
not subject to the requirements of sections 202 or 205 of UMRA.
    This proposed 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. Facilities
subject to the proposed rule include facilities that manufacture, sell,
import or export fluorinated GHG related products. None of the
facilities currently known to undertake these activities are owned by
small governments.

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 regulation applies to
facilities that manufacture, sell, import, or export fluorinated GHG
related products. Few State or local government facilities would be
affected. This regulation 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.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed action
from State and local officials.

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

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by Tribal officials in the development of regulatory
policies that have Tribal implications.''
    This proposed rule is not expected to have Tribal implications, as
specified in Executive Order 13175. This regulation applies to
facilities that manufacture, sell, import, or export fluorinated GHG
related products. Few facilities expected to be affected by the rule
are likely to be owned by Tribal governments. Thus, Executive Order
13175 does not apply to this proposed rule.
    Although Executive Order 13175 does not apply to this proposed
rule, EPA sought opportunities to provide information to Tribal
governments and representatives during development of the MRR rule. In
consultation with EPA's American Indian Environment Office, EPA's
outreach plan included Tribes. During the proposal phase, EPA staff
provided information to Tribes through conference calls with multiple
Indian working groups and organizations at EPA that interact with
Tribes and through individual calls with two Tribal board members of
TCR. In addition, EPA prepared a short article on the GHG reporting
rule that appeared on the front page of a Tribal newsletter--Tribal Air
News--that was distributed to EPA/OAQPS's network of Tribal
organizations. EPA gave a presentation on various climate efforts,
including the mandatory reporting rule, at the National Tribal
Conference on Environmental Management in June, 2008. In addition, EPA
had copies of a short information sheet distributed at a meeting of the
National Tribal Caucus. EPA participated in a conference call with
Tribal air coordinators in April 2009 and prepared a guidance sheet for
Tribal governments on the proposed rule. It was posted on the MRR Web
site and published in the Tribal Air Newsletter. For a complete list of
Tribal contacts, see the ``Summary of EPA Outreach Activities for
Developing the Greenhouse Gas Reporting Rule,'' in the Docket for the
initial proposed rule

(EPA-HQ-OAR-2008-0508-055). In addition to the consultation activities
supporting the MRR, EPA continues to provide requested information to
Tribal governments and representatives during development of the Track
II rules such as this proposed rulemaking. EPA specifically solicits
additional comment on this proposed action from Tribal officials.

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

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This proposed action is not
subject to EO 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 proposed rule is not a ``significant energy action'' as
defined in EO 13211 (66 FR 28355, May 22, 2001) because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Further, we have concluded that this
proposed rule is not likely to have any adverse energy effects. This
proposed rule relates to monitoring, reporting and recordkeeping at
facilities that manufacture, sell, import, or export fluorinated GHG
related products and does not impact energy supply, distribution or
use. Therefore, we conclude that this proposed rule is not likely to
have any adverse effects on energy supply, distribution, or use.

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
EPA to use voluntary consensus standards 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 voluntary
consensus standards bodies. NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable voluntary consensus standards.
    This proposed rulemaking involves technical standards. EPA will use
voluntary consensus standards from at least seven different voluntary
consensus standards bodies, including the following: ASTM, ASME, ISO,
Gas Processors Association, American Gas Association, American
Petroleum Institute, and National Lime Association. These voluntary
consensus standards will help facilities monitor, report, and keep
records of GHG emissions. No new test methods were developed for this
proposed rule. Instead, from existing rules for source categories and
voluntary greenhouse gas programs, EPA identified existing means of
monitoring, reporting, and keeping records of greenhouse gas emissions.
The existing methods (voluntary consensus standards) include a broad
range of measurement techniques, such as methods to measure gas or
liquid flow; and methods to gauge and measure petroleum and petroleum
products. The test methods are incorporated by reference into the
proposed rule and are available as specified in 40 CFR 98.7.
    By incorporating voluntary consensus standards into this proposed
rule, EPA is both meeting the requirements of the NTTAA and presenting
multiple options and flexibility in complying with the proposed rule.
EPA welcomes comments on this aspect of the proposed rulemaking and,
specifically, invites the public to identify potentially-applicable
voluntary consensus standards and to explain why such standards should
be used in this proposed regulation.

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

    EO 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.
Mandatory Reporting of Greenhouse Gases: Additional Sources of
Fluorinated GHGs (Page 229 of 363)
    EPA has determined that this proposed 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 proposed rule does not affect the level of protection
provided to human health or the environment because it is a rule
addressing information collection and reporting procedures.

List of Subjects in 40 CFR Part 98

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

    Dated: March 22, 2010.
Lisa P. Jackson,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is proposed to be amended as follows:

PART 98--[AMENDED]

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

    Authority: 42 U.S.C. 7401, et seq.

    2. Section 98.7 is amended as follows:
    a. By revising paragraph (d)(1).
    b. By revising paragraph (d)(2).
    c. By revising paragraph (d)(3).
    d. By revising paragraph (d)(4).
    e. By revising paragraph (d)(5).
    f. By revising paragraph (d)(6).
    g. By revising paragraph (d)(7).
    h. By revising paragraph (d)(8).
    i. By revising paragraph (e)(30).
    j. By adding paragraph (k).
    k. By adding paragraph (l).

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

* * * * *
    (d) * * *
    (1) ASME MFC-3M-2004 Measurement of Fluid Flow in Pipes Using
Orifice, Nozzle, and Venturi, incorporation by reference (IBR) approved
for Sec.  98.34(b), Sec.  98.124(k), Sec.  98.244(b), Sec.  98.254(c),
Sec.  98.344(c), and Sec.  98.364(e).
    (2) ASME MFC-4M-1986 (Reaffirmed 1997) Measurement of Gas Flow by
Turbine Meters, IBR approved for Sec.  98.34(b), Sec.  98.124(k), Sec.
98.244(b), Sec.  98.254(c), Sec.  98.344(c), and Sec.  98.364(e).
    (3) ASME MFC-5M-1985 (Reaffirmed 1994) Measurement of Liquid Flow
in Closed Conduits Using Transit-Time Ultrasonic Flowmeters, IBR
approved for Sec.  98.34(b), Sec.  98.124(k), and Sec.  98.244(b).
    (4) ASME MFC-6M-1998 Measurement of Fluid Flow in Pipes Using
Vortex Flowmeters, IBR approved for Sec.  98.34(b), Sec.  98.124(k),
Sec.  98.244(b), Sec.  98.254(c), Sec.  98.344(c), and Sec.  98.364(e).

    (5) ASME MFC-7M-1987 (Reaffirmed 1992) Measurement of Gas Flow by
Means of Critical Flow Venturi Nozzles, IBR approved for Sec.
98.34(b), Sec.  98.124(k), Sec.  98.244(b), Sec.  98.254(c), Sec.
98.344(c), and Sec.  98.364(e).
    (6) ASME MFC-9M-1988 (Reaffirmed 2001) Measurement of Liquid Flow
in Closed Conduits by Weighing Method, IBR approved for Sec.  98.34(b),
Sec.  98.124(k), and Sec.  98.244(b).
    (7) ASME MFC-11M-2006 Measurement of Fluid Flow by Means of
Coriolis Mass Flowmeters, IBR approved for Sec.  98.124(k), Sec.
98.244(b), Sec.  98.254(c), and Sec.  98.344(c).
    (8) ASME MFC-14M-2003 Measurement of Fluid Flow Using Small Bore
Precision Orifice Meters, IBR approved for Sec.  98.124(k), Sec.
98.244(b), Sec.  98.254(c), Sec.  98.344(c), and Sec.  98.364(e).
* * * * *
    (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), Sec.
98.124(c), and Sec.  98.224(b).
* * * * *
    (k) The following material is available from the International
SEMATECH Manufacturing Initiative, http://ismi.sematech.org.
    (1) Guideline for Environmental Characterization of Semiconductor
Process Equipment, International SEMATECH Manufacturing Initiative
Technology Transfer 06124825B-ENG. (2006).
    (l) The following material is available for purchase from SEMI,
3081 Zanker Road, San Jose, CA 95134,<PHONE_NUMBER>, http://
www.semi.org.
    (1) SEMI E10-0304 Specification for Definition and Measurement of
Equipment Reliability, Availability, and Maintainability (2004).
    (2) [Reserved]
    3. Add subpart I to read as follows:
Subpart I--Electronics Manufacturing
Sec.
98.90 Definition of the source category.
98.91 Reporting threshold.
98.92 GHGs to report.
98.93 Calculating GHG emissions.
98.94 Monitoring and QA/QC requirements.
98.95 Procedures for estimating missing data.
98.96 Data reporting requirements.
98.97 Records that must be retained.
98.98 Definitions.
Table I-1 of Subpart I--Default Emission Factors for Threshold
Applicability Determination
Table I-2 of Subpart I--Examples of Fluorinated GHGs Used by the
Electronics Industry
Table I-3 of Subpart I--Default Emission Factors for MEMS
Manufacturing
Table I-4 of Subpart I--Default Emission Factors for LCD
Manufacturing
Table I-5 of Subpart I--Default Emission Factors for PV
Manufacturing
Table I-6 of Subpart I-Default Emission Factors for Refined Process
Categories for Semiconductor Manufacturing for 150 mm Wafer Size
Table I-7 of Subpart I-Default Emission Factors for Refined Process
Categories for Semiconductor Manufacturing for 200 mm Wafer Size
Table I-8 of Subpart I-Default Emission Factors for Refined Process
Categories for Semiconductor Manufacturing for 300 mm Wafer Size

Subpart I--Electronics Manufacturing

Sec.  98.90  Definition of the source category.

    (a) The electronics source category consists of any of the
processes listed in paragraphs (a)(1) through (a)(6) of this section.
Electronics manufacturing facilities include, but are not limited to,
facilities that manufacture semiconductors, liquid crystal displays
(LCDs), micro-electro-mechanical systems (MEMS), and photovoltaic cells
(PV).
    (1) Each electronics manufacturing production process in which the
etching process uses plasma-generated fluorine atoms and other reactive
fluorine-containing fragments, which chemically react with exposed
thin-films (e.g., dielectric, metals) and silicon to selectively remove
portions of material.
    (2) Each electronics manufacturing production process in which
chambers used for depositing thin films are cleaned periodically using
plasma-generated fluorine atoms and other reactive fluorine-containing
fragments from fluorinated and other gases.
    (3) Each electronics manufacturing production process in which
wafers are cleaned using plasma generated fluorine atoms or other
reactive fluorine-containing fragments to remove residual material from
wafer surfaces.
    (4) Each electronics manufacturing production process in which some
fluorinated compounds can be transformed in the plasma processes into
different fluorinated compounds which are then exhausted, unless
abated, into the atmosphere.
    (5) Each electronics manufacturing production process in which the
chemical vapor deposition process or other manufacturing processes use
N2O.
    (6) Each electronics manufacturing production process in which
fluorinated GHGs are used as heat transfer fluids to cool process
equipment, control temperature during device testing, and solder
semiconductor devices to circuit boards.
    (b) [Reserved]

Sec.  98.91  Reporting threshold.

    You must report GHG emissions under this subpart if your facility
contains an electronics manufacturing process and the facility meets
the requirements of either Sec.  98.2(a)(1) or (a)(2). To calculate GHG
emissions for comparison to the 25,000 metric ton CO2e per
year emission threshold in paragraph Sec.  98.2(a)(2), calculate
process emissions from electronics manufacture by using either
paragraph (a), (b), (c), or (d) of this section, as appropriate.
    (a) Semiconductor manufacturers shall calculate process emissions
for applicability purposes using the default emission factors shown in
Table I-1 of this subpart and Equation I-1 of this section.
[GRAPHIC] [TIFF OMITTED] TP12AP10.038

Where:

    ET = Total annual process emissions for applicability
purposes (metric tons).
    1.1 = Factor accounting for heat transfer fluid emissions,
estimated as 10 percent of total clean and etch emissions at a
facility.
    S = 100 percent of manufacturing capacity of a facility (m\2\).
    EFi = Emission factor for input gas i.
    0.001 = Conversion factor from kg to metric tons.

    (b) LCD manufacturers shall calculate process emissions for
applicability purposes using the default emission factors shown in
Table I-1 of this subpart and Equation I-2 of this section.
[GRAPHIC] [TIFF OMITTED] TP12AP10.039

Where:

    ET = Total annual process emissions for applicability
purposes (metric tons).
    S = 100 percent of manufacturing capacity of a facility (m\2\).
    EFi = Emission factor for input gas i.
    0.000001 = Conversion factor from g to metric tons.

    (c) MEMS manufacturers shall calculate process emissions for
applicability purposes using the default emission factors shown in
Table I-1 of this subpart and Equation I-3 of this section.
[GRAPHIC] [TIFF OMITTED] TP12AP10.040

Where:

    ET = Total annual process emissions for applicability
purposes (metric tons).
    S = 100 percent of manufacturing capacity of a facility (m\2\).
    EFi = Emission factor for input gas i.
    0.001 = Conversion factor from kg to metric tons.

    (d) PV manufacturers shall calculate process emissions for
applicability purposes using gas-appropriate GWP values shown in Table
A-1 to subpart A and equation I-4 of this section.
[GRAPHIC] [TIFF OMITTED] TP12AP10.041

Where:

    ET = Total annual process emissions for applicability
purposes (metric tons).
    Ci = Annual fluorinated GHG (gas i) purchases or
consumption (kg).
    GWPi = Gas-appropriate GWP.
    0.001 = Conversion factor from kg to metric tons.

Sec.  98.92  GHGs to report.

    (a) You shall report emissions of N2O and fluorinated
GHGs (as defined in Sec.  98.6). The fluorinated GHGs that are emitted
from electronics production processes include, but are not limited to,
those listed in Table I-2 of this subpart. You must report:
    (1) Fluorinated GHGs from plasma etching.
    (2) Fluorinated GHGs from chamber cleaning.
    (3) Fluorinated GHGs from wafer cleaning.
    (4) N2O from chemical vapor deposition and other
manufacturing processes.
    (5) Fluorinated GHGs from heat transfer fluid use.
    (b) CO2, CH4, and N2O combustion
emissions from each stationary combustion unit. You must calculate and
report these emissions under subpart C of this part (General Stationary
Fuel Combustion Sources) by following the requirements of subpart C.

Sec.  98.93  Calculating GHG emissions.

    (a) You shall calculate annual facility-level emissions for each
fluorinated GHG used at your facility, for each process type used at
your facility (plasma etching, chamber cleaning, or wafer cleaning) as
appropriate, using equations I-5 and I-6 of this section and according
to the procedures in paragraph (a)(1), (a)(2), or (a)(3) of this
section.
[GRAPHIC] [TIFF OMITTED] TP12AP10.042

Where:

    processtypeEi = Annual emissions of input gas i from
the processes type (metric tons).
    Eij = Annual emissions of input gas i from individual
process j or process category j (metric tons).
    N = The total number of individual processes j or process
categories j, which depend on the electronics manufacturing facility
and emission calculation methodology.

[GRAPHIC] [TIFF OMITTED] TP12AP10.043

Where:

    processtypeBEk = Annual emissions of by-product gas k
from the processes type (metric tons).
    BEkij = Annual emissions of by-product k formed from
input gas i during individual process j or process category j
(metric tons).
    N = The total number of individual processes j or process
categories j, which depend on the electronics manufacturing facility
and emission calculation methodology.

    (1) Semiconductor facilities that fabricate devices on wafers
measuring 300 mm or less in diameter shall calculate annual facility-
level emissions of each fluorinated GHG used at a facility for each
fluorinated GHG-using process type, either from all individual
processes at that facility in accordance with Sec.  98.94(d), or from
process categories as defined in this paragraph (a)(1).
    (i) All etching process categories for which annual fluorinated GHG
emissions shall be calculated are defined in this paragraph (a)(1)(i).
    (A) Oxide etch means any process using fluorinated GHG reagents to
selectively remove SiO2, SiOx-based or fully
organic-based thin-film material that has been deposited on a wafer
during semiconductor device manufacturing.
    (B) Nitride etch means any process using fluorinated GHG reagents
to selectively remove SiN, SiON, Si3N4, SiC,
SiCO, SiCN, etc. (represented by the general chemical formula,
SiwOxNyXz where w, x, y and
z are zero or integers and X can be some other element such as carbon)
that has been deposited on a wafer during semiconductor manufacturing.
    (C) Silicon etch also often called polysilicon etch means any
process using fluorinated GHG reagents to selectively remove silicon
during semiconductor manufacturing.
    (D) Metal etch means any process using fluorinated GHG reagents
associated with removing metal films (such as aluminum or tungsten)
that have been deposited on a wafer during semiconductor manufacturing.
    (ii) All chamber cleaning process categories for which annual
fluorinated GHG emissions shall be calculated are defined in this
paragraph (a)(1)(ii).
    (A) In situ plasma means cleaning thin-film production chambers,
after processing one or more wafers, with a fluorinated GHG cleaning
reagent that is dissociated into its cleaning constituents by a plasma
generated inside the chamber where the film was produced.
    (B) Remote plasma system means cleaning thin-film production
chambers, after processing one or more wafers, with a fluorinated GHG
cleaning reagent dissociated by a remotely located (e.g., upstream)
plasma source.
    (C) In situ thermal means cleaning thin-film production chambers,
after processing one or more wafers, with a fluorinated GHG cleaning
reagent that is thermally dissociated into its cleaning constituents
inside the chamber where the thin-film (or thin films) was (were)
produced.
    (iii) All wafer cleaning process categories for which annual
fluorinated GHG emissions shall be calculated are defined in this
paragraph (a)(1)(iii).
    (A) Bevel cleaning means any process using fluorinated GHG reagents
with plasma to clean the edges of wafers during semiconductor
manufacture.
    (B) Ashing means any process using fluorinated GHG reagents with
plasma to remove photoresist materials during wafer manufacture.
    (2) Semiconductor facilities that fabricate devices on wafers
measuring greater than 300 mm in diameter shall calculate annual
facility-level emissions of each fluorinated GHG used at a facility for
all individual processes at that facility in accordance with Sec.
98.94(d).
    (3) All other electronics facilities shall calculate annual
facility-level emissions of each fluorinated GHG used at a facility for
each process type, including etching and chemical vapor deposition
chamber cleaning.
    (b) You shall calculate annual facility-level emissions for each
fluorinated GHG used at your facility, for each individual process,
process category, or process type used at your facility as appropriate,
using Equations I-7 and I-8 of this section, and according to the
procedures in either paragraph (b)(1), (b)(2), or (b)(3) of this
section.

[GRAPHIC] [TIFF OMITTED] TP12AP10.044

Where:

    Eij = Annual emissions of input gas i from individual
process, process category, or process type j (metric tons).
    Cij = Amount of input gas i consumed in individual
process, process category, or process type j, as calculated in
Equation I-10 (kg) of this section and apportioned pursuant to Sec.
98.94(c).
    Uij = Process utilization for input gas i during
individual process, process category, or process type j.
    aij = Fraction of input gas i used in individual
process, process category, or process type j with abatement systems.
    dij = Fraction of input gas i destroyed in abatement
systems connected to individual process, process category, or
process type j, accounting for uptime as specified in Sec.
98.94(f)(2). This is zero unless the facility adheres to
requirements in Sec.  98.94(f).
    0.001 = Conversion factor from kg to metric tons.
    [GRAPHIC] [TIFF OMITTED] TP12AP10.045

Where:

    BEijk = Annual emissions of by-product k formed from
input gas i during individual process, process category, or process
type j (metric tons).
    Bijk = Amount of gas k created as a by-product per
amount of input gas i (kg) consumed in individual process, process
category, or process type j (kg).
    Cij = Amount of input gas i consumed in individual
process, process category, or process type j, as calculated in
Equation I-10 of this section (kg) and apportioned pursuant to Sec.
98.94(c).
    aij = Fraction of input gas i used in individual
process, process category, or process type j with abatement systems.
    dkj = Fraction of by-product gas k destroyed in
abatement systems connected to individual process, process category,
or process type j, accounting for uptime as specified in Sec.
98.94(f)(2). This is zero unless the facility adheres to
requirements in Sec.  98.94(f).
    0.001 = Conversion factor from kg to metric tons.

    (1) Semiconductor facilities that fabricate devices on wafers
measuring 300 mm or less in diameter shall use the procedures in either
paragraph (b)(1)(i) or (b)(1)(ii) of this section.
    (i) Except as provided in paragraph (b)(1)(ii), you shall use
default process category emission factors for process utilization and
by-product formation rates shown in Tables I-6, I-7, and I-8 of this
subpart as appropriate.
    (ii) You may use recipe-specific measurements instead of the
process category default factors provided that you follow methods in
Sec.  98.94(d).
    (2) Semiconductor facilities that fabricate devices on wafers
measuring greater than 300 mm in diameter shall use recipe-specific
measurements and follow methods in Sec.  98.94(d) to calculate
emissions from each fluorinated GHG-using process type. You shall use
Equations I-5 through I-8 of this section to calculate fluorinated GHG
emissions from all fluorinated GHG-using process recipes.
    (3) All other electronics facilities shall use the default process
type-specific emission factors for process utilization and by-product
formation rates shown in Tables I-3, I-4, and I-5 of this subpart for
MEMS, LCD, and PV manufacturing, respectively.
    (c) You shall calculate annual facility-level N2O
emissions from electronics manufacturing processes, using Equation I-9
of this section and the methods in this paragraph (c).
    (1) You shall use a factor for N2O utilization for
chemical vapor deposition processes pursuant to either paragraph
(c)(1)(i) or (c)(1)(ii) of this section.
    (i) You shall develop a facility-specific N2O
utilization factor averaged over all N2O-using recipes used
for chemical vapor deposition processes in accordance with Sec.
98.94(e).
    (ii) If you do not use a facility-specific N2O
utilization factor for chemical vapor deposition processes, you shall
use 20 percent as the default utilization factor for N2O
from chemical vapor deposition processes.
    (2) You shall use a factor for N2O utilization for other
manufacturing processes pursuant to either paragraph (c)(2)(i) or
(c)(2)(ii) of this section.
    (i) You shall develop a facility-specific N2O
utilization factor averaged over all N2O-using recipes used
for manufacturing processes other than chemical vapor deposition
processes in accordance with Sec.  98.94(e).
    (ii) If you do not use a facility-specific N2O
utilization factor for manufacturing processes other than chemical
vapor deposition, you shall use the default utilization factor of 0
percent for N2O from manufacturing processes other than
chemical vapor deposition.
    (3) If your facility employs abatement systems and you wish to
quantify and document N2O emission reductions due to these
systems, you must adhere to the requirements in Sec.  98.94(f).
    (4) You shall calculate annual facility-level N2O
emissions for all processes at your facility using Equation I-9 of this
section.
[GRAPHIC] [TIFF OMITTED] TP12AP10.046

Where:
    E(N2O) = Annual emissions of N2O (metric
tons/year).
    CN2O,j = Amount of N2O consumed
for N2O-using process j, as calculated in Equation I-10
of this section and apportioned to N2O process j (kg).
    UN2O,j = Process utilization for
N2O-using process j.
    aN2O,j = Fraction of N2O used
in N2O-using process j with abatement systems.
    dN2O,j = Fraction of N2O for
N2O-using process j destroyed by abatement systems
connected to process j, accounting for uptime as specified in Sec.
98.94(f)(2). This is zero unless the facility adheres to
requirements in Sec.  98.94(f).
    0.001 = Conversion factor from kg to metric tons.

    (d) You shall calculate gas consumption for each fluorinated GHG
and N2O used at your facility using facility-wide gas-
specific heel factors, as determined in Sec.  98.94(b), and using
Equation I-10 of this section.

[GRAPHIC] [TIFF OMITTED] TP12AP10.047

Where:

    Ci = Annual consumption of input gas i (metric tons/
year).
    IBi = Inventory of input gas i stored in cylinders or
other containers at the beginning of the year, including heels (kg).
    IEi = Inventory of input gas i stored in cylinders or
other containers at the end of the year, including heels (kg).
    Ai = Acquisitions of gas i during the year through
purchases or other transactions, including heels in cylinders or
other containers returned to the electronics manufacturing facility
(kg).
    Di = Disbursements under exceptional circumstances of
gas i through sales or other transactions during the year, including
heels in cylinders or other containers returned by the electronics
manufacturing facility to the chemical supplier, calculated using
equation I-11 of this section (kg).
    0.001 = Conversion factor from kg to metric tons.

    (e) You shall calculate disbursements of gas i using Equation I-11
of this section.
[GRAPHIC] [TIFF OMITTED] TP12AP10.048

Where:

    Di = Disbursements of gas i through sales or other
transactions during the year, including heels in cylinders or other
containers returned by the electronics manufacturing facility to the
gas distributor (kg).
    hi = Facility-wide gas-specific heel factor for input
gas i (%), as determined in Sec.  98.94(b) of this subpart.
    Ni = Number of cylinders or other containers returned
to the gas distributor containing the standard heel of gas i.
    Fi = Full capacity of cylinders or other containers
containing gas i (kg).
    Xi = Disbursements under exceptional circumstances of
gas i through sales or other transactions during the year. These
include returns of containers whose contents have been weighed due
to an exceptional circumstance as specified in Sec.  98.94(b)(5) of
this subpart (kg).

    (f) For facilities that use fluorinated heat transfer fluids, you
shall report the annual emissions of fluorinated GHG heat transfer
fluids using the mass balance approach described in Equation I-12 of
this section.
[GRAPHIC] [TIFF OMITTED] TP12AP10.049

Where:

    EHi = Emissions of fluorinated GHG heat transfer
fluid i, (metric tons/year).
    Density = Density of fluorinated heat transfer fluid i (kg/l).
    Iio = Inventory of fluorinated heat transfer fluid i
(kg) (in containers, not equipment) at the beginning of the
reporting year (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.
    Pit = Acquisitions of fluorinated heat transfer fluid
i (kg) during the current reporting year (l). Includes 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.
Nit = Total nameplate capacity (full and proper charge)
of equipment that uses fluorinated heat transfer fluid i and that is
newly installed during the reporting year (kg).
Rit = Total nameplate capacity (full and proper charge)
of equipment that uses fluorinated heat transfer fluid i and that is
removed from service during the current reporting year (kg).
Iit = Inventory of fluorinated heat transfer fluid i (kg)
(in containers, not equipment) at the end of current reporting year
(l).
Dit = Disbursements of fluorinated heat transfer fluid i
(kg) during the current reporting year (l). Includes amounts
returned to chemical suppliers, sold with or inside of equipment,
and sent off site for verifiable recycling or destruction.
Disbursements should include only amounts that are properly stored
and transported so as to prevent emissions in transit.
    0.001 = Conversion factor from kg to metric tons.

Sec.  98.94  Monitoring and QA/QC requirements.

    (a) For calendar year 2011 monitoring, you may follow the
provisions of Sec.  98.3(d)(1) through (d)(3) for best available
monitoring methods rather than follow the monitoring requirements of
this section. For purposes of subpart I, any reference to the year 2010
in Sec.  98.3(d)(1) through (d)(3) shall mean 2011.
    (b) For purposes of Equation I-10 of this section, you must
estimate facility-wide gas-specific heel factors for each cylinder/
container type for each gas used according to the procedures in
paragraphs (b)(1) through (b)(6) of this section.
    (1) You shall base your facility-wide gas-specific heel factors on
the residual weight or pressure of a gas cylinder/container that your
facility uses to change out that cylinder/container for each cylinder/
container type for each gas used.
    (2) The residual weight or pressure you use for Sec.  98.94(b)(1)
shall be determined by monitoring the mass or the pressure of your
cylinders/containers. If you monitor the pressure, you shall convert
the pressure to mass using the ideal gas law, as displayed in Equation
I-13 of this section, with an appropriately selected Z value.

[GRAPHIC] [TIFF OMITTED] TP12AP10.050

Where:
    p = Absolute pressure of the gas (Pa)
    V = Volume of the gas (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) You shall use the facility-wide gas-specific cylinder/container
residual mass, determined from Sec.  98.94(b)(1) and (b)(2), to
calculate the unused gas for each container, which when expressed as
fraction of the initial mass in the cylinder/container is the heel
factor.
    (4) The initial mass used to calculate the facility-wide gas-
specific heel factor may be based on the weight of the gas provided to
you in the gas supplier documents; however, you remain responsible for
the accuracy of these masses and weights under this subpart.
    (5) In the exceptional circumstance that you change a cylinder/
container at a residual mass or pressure that differs by more than 20
percent from your facility-wide gas-specific determined values, you
shall weigh that cylinder, or measure the pressure of that cylinder
with a pressure gauge, in place of using a heel factor.
    (6) You shall recalculate facility-wide gas-specific heel factors
applied at your facility in the event that the residual weight or
pressure of the gas cylinder/container that your facility uses to
change out that cylinder/container differs by more than 1 percentage
point from that used to calculate the previous gas-specific heel
factor.
    (c) Semiconductor facilities shall apportion fluorinated GHG
consumption by process category, as defined in Sec.  98.93(a)(1)(i)
through (a)(1)(iii), or by individual process using

a facility-specific engineering model based on wafer passes.
    (d) If you use factors for fluorinated GHG process utilization and
by-product formation rates other than the defaults provided in Tables
I-6 through I-8 of this subpart, you must use factors that have been
measured using the International SEMATECH Manufacturing Initiative's
Guideline for Environmental Characterization of Semiconductor Process
Equipment (December 2006). You may use factors for fluorinated GHG
process utilization and by-product formation rates measured by
manufacturing equipment suppliers if the conditions in paragraphs
(d)(1) and (d)(2) of this section are met.
    (1) The manufacturing equipment supplier has measured the GHG
emission factors for process utilization and by-product formation rates
using the International SEMATECH Manufacturing Initiative's Guideline
for Environmental Characterization of Semiconductor Process Equipment
(December 2006).
    (2) The conditions under which the measurements were made are
representative of your facility's fluorinated GHG emitting processes.
    (e) If you use N2O utilization factors other than those
defaults provided in Sec.  98.93(c)(1)(ii) or (c)(2)(ii), you must use
factors that have been measured using the International SEMATECH
Manufacturing Initiative's Guideline for Environmental Characterization
of Semiconductor Process Equipment (December 2006). You may use
utilization factors measured by manufacturing equipment suppliers if
the conditions in paragraphs (e)(1) and (e)(2) of this section are met.
    (1) The manufacturing equipment supplier has measured the
N2O utilization factors using the International SEMATECH
Manufacturing Initiative's Guideline for Environmental Characterization
of Semiconductor Process Equipment (December 2006).
    (2) The conditions under which the measurements were made are
representative of your facility's N2O emitting processes.
    (f) If your facility employs abatement systems and you wish to
reflect emission reductions due to these systems in appropriate
calculations in Sec.  98.93, you must adhere to the procedures in
paragraphs (f)(1) and (f)(2) of this section. If you use the default
destruction or removal efficiency of 60 percent, you must adhere to
procedures in paragraph (f)(3) of this section. If you use either a
properly measured destruction or removal efficiency, or a class average
of properly measured destruction or removal efficiencies during a
reporting year, you must adhere to procedures in paragraph (f)(4) of
this section.
    (1) You must certify and document that the systems are properly
installed, operated, and maintained according to manufacturers'
specifications by adhering to the procedures in paragraphs (f)(1)(i)
and (f)(1)(ii) of this section.
    (i) Proper installation must be verified by certifying the systems
are installed in accordance with the manufacturers' specifications.
    (ii) Proper operation and maintenance must be verified by
certifying the systems are operated and maintained in accordance with
the manufacturers' specifications.
    (2) You shall take into account and report the uptime of abatement
systems when using destruction or removal efficiencies to reflect
emission reductions. Abatement system uptime is expressed as the sum of
an abatement system's operational productive, standby, and engineering
times divided by the total operations time of its associated
manufacturing tool(s) as referenced in SEMI Standard E-10-0340
Specification for Definition and Measurement of Equipment Reliability,
Availability, and Maintainability (2004).
    (3) To report controlled emissions using the default destruction or
removal efficiency, you shall certify and document that the abatement
systems at the facility for which you are reporting controlled
emissions are specifically designed for fluorinated GHG and
N2O abatement and you shall use a default destruction or
removal efficiency of 60 percent for those abatement systems.
    (4) If you do not use the default destruction or removal efficiency
value to report controlled emissions, you shall use either a properly
measured destruction or removal efficiency, or a class average of
properly measured destruction or removal efficiencies during a
reporting year, determined in accordance with procedures in paragraphs
(f)(4)(i) through (f)(4)(v) of this section.
    (i) Destruction or removal efficiencies must be properly measured
in accordance with EPA's Protocol for Measuring Destruction or Removal
Efficiency of Fluorinated Greenhouse Gas Abatement Equipment in
Electronics Manufacturing (March 2010).
    (ii) A facility must annually 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 (RSASTP) in accordance with procedures in paragraphs
(f)(3)(ii)(A) and (f)(3)(ii)(B) of this section.
    (A) Each reporting year a random sample of three or 20 percent of
installed abatement systems, whichever is greater, for each abatement
system class shall be tested. In instances where 20 percent of the
total number of abatement systems in each class does not equate to a
whole number, the number of systems to be tested shall be determined by
rounding up to the nearest integer.
    (B) You shall select the random sample each reporting year for the
RSASTP without repetition of systems in the sample, until all systems
in each class are properly measured in a 5-year period.
    (iii) If a facility has measured the destruction or removal
efficiency of a particular abatement system during the previous two-
year period, the facility shall calculate emissions from that system
using the destruction or removal efficiency most recently measured for
that particular system.
    (iv) If an individual abatement system has not yet undergone proper
destruction or removal efficiency testing during the previous two-year
period, the facility may apply a simple average of the properly
measured destruction or removal efficiencies for all systems of that
class, in accordance with the RSASTP. The facility shall maintain or
exceed the RSASTP schedule and regime if it wishes to apply class
average destruction or removal efficiency factors to abatement systems
that have not been properly measured as per the RSASTP.
    (v) In instances where redundant abatement systems are used, the
facility may account for the total abatement system uptime calculated
for a specific exhaust stream during the reporting year.
    (g) You shall adhere to the QA/QC procedures of this paragraph when
estimating fluorinated GHG and N2O emissions from all
electronics manufacturing processes:
    (1) You shall follow the QA/QC procedures in the International
SEMATECH Manufacturing Initiative's Guideline for Environmental
Characterization of Semiconductor Process Equipment (December 2006)
when estimating facility-specific, recipe-specific fluorinated GHG and
N2O utilization and by-product formation rates.
    (2) You shall follow the QA/QC procedures in EPA's Protocol for
Measuring Destruction or Removal Efficiency of Fluorinated Greenhouse
Gas Abatement Equipment in

Electronics Manufacturing (March 2010) when estimating abatement
systems destruction or removal efficiency.
    (3) You shall certify that gas consumption is tracked to a high
degree of precision as part of normal facility operations ensuring that
the inventory at the beginning of the reporting is the same as the
inventory at the end of the previous year.
    (h) You shall adhere to the QA/QC procedures of this paragraph when
estimating fluorinated GHG emissions from heat transfer fluid use and
annual gas consumption for each fluorinated GHG and N2O used
at your facility:
    (1) You shall review all inputs to Equations I-10 and I-12 of this
section to ensure that all inputs and outputs to the facility's system
are accounted for.
    (2) You shall not enter negative inputs into the mass balance
Equations I-10 and I-12 of this section and shall ensure that no
negative emissions are calculated.
    (3) You shall ensure that the beginning of year inventory matches
the end of year inventory from the previous year.
    (i) All instruments (e.g., mass spectrometers and fourier transform
infrared measuring systems) used to determine the concentration of
fluorinated GHG and N2O in process streams shall be
calibrated just prior to destruction or removal efficiency, gas
utilization, or by-product formation measurement through analysis of
certified standards with known concentrations of the same chemicals in
the same ranges (fractions by mass) as the process samples. Calibration
gases prepared from a high-concentration certified standard using a gas
dilution system that meets the requirements specified in Method 205, 40
CFR part 51, Appendix M may also be used.
    (j) All flowmeters, weigh scales, pressure gauges, and thermometers
used to measure quantities that are monitored under this section or
used in calculations under Sec.  98.93 shall have an accuracy and
precision of one percent of full scale or better.

Sec.  98.95  Procedures for estimating missing data.

    (a) Except as provided in paragraph Sec.  98.95(b), a complete
record of all measured parameters used in the fluorinated GHG and
N2O emissions calculations in Sec.  98.93 and Sec.  98.94 is
required.
    (b) If you use heat transfer fluids at your facility and are
missing data for one or more of the parameters in Equation I-12 of this
subpart, you shall estimate heat transfer fluid emissions using the
arithmetic average of the emission rates for the year immediately
preceding the period of missing data and the months immediately
following the period of missing data. Alternatively, you may estimate
missing information using records from the heat transfer fluid
supplier. You shall document the method used and values estimated for
all missing data values.

Sec.  98.96  Data reporting requirements.

    In addition to the information required by Sec.  98.3(c), you shall
include in each annual report the following information for each
electronics facility.
    (a) Annual emissions of each fluorinated GHG and N2O
emitted from each individual process, process category, or process type
as applicable and from all heat transfer fluid use as applicable.
    (b) The method of emissions calculation used in Sec.  98.93.
    (c) Production in terms of substrate surface area (e.g., silicon,
PV-cell, LCD).
    (d) Emission factors used for process utilization and by-product
formation rates and the source for each factor for each fluorinated GHG
and N2O.
    (e) Where process categories for semiconductor facilities as
defined in Sec.  98.93(a)(1)(i) through (a)(1)(iii) are not used,
descriptions of individual processes or process categories used to
estimate emissions.
    (f) For each fluorinated GHG and N2O, annual gas
consumed during the reporting year and facility-wide gas-specific heel-
factors used.
    (g) The apportioning factors for each process category (i.e.,
fractions of each gas fed into each individual process or process
category used to calculate fluorinated GHG and N2O
emissions) and a description of the engineering model used for
apportioning gas usage per Sec.  98.94(c). If the method used to
develop the apportioning factors permits the development of facility-
wide consumption estimates that are independent of the estimates
calculated in Equation I-10 of this subpart (e.g., that are based on
wafer passes for each individual process or process category), you
shall report the independent facility-wide consumption estimate for
each fluorinated GHG and N2O.
    (h) Fraction of each gas fed into each process type that is fed
into tools with abatement systems.
    (i) Description of all abatement systems through which fluorinated
GHGs or N2O flow at your facility, including the number of
devices of each manufacturer, model numbers, manufacturers guaranteed
destruction or removal efficiencies, if any, and record of destruction
or removal efficiency measurements over its in-use life. The inventory
of abatement systems shall also include a description of the associated
tools and/or processes for which these systems treat exhaust.
    (j) For each abatement system through which fluorinated GHGs or
N2O flow at your facility, for which you are reporting
controlled emissions, the following:
    (1) Certification that each abatement system used at your facility
is installed, maintained, and operated in accordance with
manufacturers' specifications.
    (2) The uptime and the calculations to determine uptime for that
reporting year.
    (3) The default destruction or removal efficiency value or properly
measured destruction or removal efficiencies for each abatement system
used in that reporting year to reflect controlled emissions.
    (4) Where the default destruction or removal efficiency value is
used to report controlled emissions, certification that the abatement
systems for which controlled emissions are being reported are
specifically designed for fluorinated GHG and N2O abatement.
    (5) Where properly measured destruction or removal efficiencies or
class averages of destruction or removal efficiencies are used to
report controlled emissions, the following:
    (i) A description of the class including the abatement system
manufacturer and model number, and the fluorinated GHG and
N2O in the process effluent stream;
    (ii) The total number of systems in that class for the reporting
year.
    (iii) The total number of systems for which destruction or removal
efficiency was measured in that class for the reporting year.
    (iv) A description of the calculation used to determine the class
average, including all inputs of the calculation.
    (vi) A description of method of randomly selecting class members
for testing.
    (k) For heat transfer fluid emissions, inputs in the mass-balance
equation, Equation I-12 of this subpart for each fluorinated GHG.
    (l) Example calculations for fluorinated GHG, N2O, and
heat transfer fluid emissions.

Sec.  98.97  Records that must be retained.

    In addition to the information required by Sec.  98.3(g), you must
retain the following records:
    (a) Data and copies of calculations used to estimate emissions
including all spreadsheets.
    (b) Documentation for the values used for fluorinated GHG and
N2O utilization and by-product formation rates. If you use
facility-specific, recipe-specific gas

utilization and by-product formation rates, the following records must
be retained:
    (1) Documentation that these were measured using the International
SEMATECH Manufacturing Initiative's Guideline for Environmental
Characterization of Semiconductor Process Equipment (December 2006).
    (2) Documentation that the measurements made are representative of
fluorinated GHG and N2O emitting processes at your facility.
    (3) The date and results of the initial and any subsequent tests to
determine process tool gas utilization and by-product formation rates.
    (c) For each abatement system through which fluorinated GHGs or
N2O flows at your facility, for which you are reporting
controlled emissions, the following:
    (1) Documentation to certify that each abatement system used at
your facility is installed, maintained, and operated in accordance with
manufacturers' specifications.
    (2) Records of the uptime and the calculations to determine how the
uptime was accounted for at your facility.
    (3) Abatement system calibration and maintenance records.
    (4) Where the default destruction or removal efficiency value was
used, documentation from the abatement system supplier describing the
equipment's designed purpose and emission control capabilities.
    (5) Where properly measured destruction or removal efficiency is
used to report controlled emissions, dated certification by the
technician who made the measurement that the destruction or removal
efficiency was calculated according to methods in EPA's Protocol for
Measuring Destruction or Removal Efficiency of Fluorinated Greenhouse
Gas Abatement Equipment in Electronics Manufacturing, complete
documentation of the results of any initial and subsequent tests, and
the final report as specified in EPA's Protocol for Measuring
Destruction or Removal Efficiency of Fluorinated Greenhouse Gas
Abatement Equipment in Electronics Manufacturing (March 2010).
    (d) Purchase records for gas purchased.
    (e) Invoices for gas purchases and sales.

Sec.  98.98  Definitions.

    Except as provided below, all of the terms used in this subpart
have the same meaning given in the Clean Air Act and subpart A of this
part. If a conflict exists between a definition provided in this
subpart and a definition provided in subpart A, the definition in this
subpart shall take precedence for the reporting requirements in this
subpart.
    Abatement system means a device or equipment that destroys or
removes fluorinated GHGs and/or N2O in waste streams from
one or more electronics manufacturing tool chamber(s).
    By-product formation means the creation of fluorinated GHGs during
electronics manufacturing processes or the creation of fluorinated GHGs
by an abatement system. By-product formation is expressed as rate of
the mass of the by-product formed to the mass of the fluorinated GHG
used with the largest flow rate.
    Destruction or removal efficiency means the efficiency of a control
system to destroy or remove fluorinated GHGs, N2O, or both.
The destruction or removal efficiency is equal to one minus the ratio
of the mass of all relevant GHGs exiting the emission abatement system
to the mass of GHG entering the emission abatement system. When
fluorinated GHGs are formed in an abatement system, destruction or
removal efficiency is expressed as one minus the ratio of amounts of
exiting GHGs to the amounts entering the system in units of
CO2-equivalents.
    Gas utilization means the fraction of input N2O or
fluorinated GHG converted to other substances during the etching,
deposition, and/or wafer and chamber cleaning processes. Gas
utilization is expressed as a rate or factor for specific manufacturing
processes.
    Heat transfer fluids are fluorinated GHGs used for temperature
control, device testing, and soldering in certain types of electronic
manufacturing. Heat transfer fluids used in the electronics sector
include perfluoropolyethers, perfluoroalkanes, perfluoroethers,
tertiary perfluoroamines, and perfluorocyclic ethers. Heat transfer
fluids commonly used in electronics manufacturing include those sold
under the trade names ``Galden[reg]'' and ``FluorinertTM.''
Electronics manufacturers may also use these same fluorinated chemicals
to clean substrate surfaces and other parts.
    Heel means the amount of gas that remains in a gas cylinder or
container after it is discharged or off-loaded (this may vary by
cylinder or container type and facility).
    Nameplate capacity means the full and proper charge of gas
specified by the equipment manufacturer to achieve the equipment's
specified performance. The nameplate capacity is typically indicated on
the equipment's nameplate; it is not necessarily the actual charge,
which may be influenced by leakage and other emissions.
    Proper destruction or removal efficiency measurement means measured
in accordance with EPA's Protocol for Measuring Destruction or Removal
Efficiency of Fluorinated Greenhouse Gas Abatement Equipment in
Electronics Manufacturing (March 2010).
    Uptime means the total time during the reporting year when the
abatement system for which controlled emissions will be reported was
properly installed, operated, and maintained.
    Wafer passes is a count of the number of times a silicon wafer is
processed in a specific process category. The total number of wafer
passes over a reporting year is the number of wafer passes per tool
times the number of operational process tools in use during the
reporting year.
    Process category is a set of similar manufacturing steps, performed
for the same purpose, associated with substrate (e.g., wafer)
processing during device manufacture for which fluorinated GHG and
N2O emissions and fluorinated GHG and N2O usages
are calculated and reported.

                               Table I-1 of Subpart I--Default Emission Factors for Threshold Applicability Determination
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Emission factors EFi
                      Product type                       -----------------------------------------------------------------------------------------------
                                                                CF4            C2F6            CHF3            C3F8             NF3             SF6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Semiconductors (kg/m2 Si)...............................            0.90            1.00            0.04            0.05            0.04            0.20
LCD (g/m2 LCD)..........................................            0.50              NA              NA              NA            0.90            4.00
MEMs (kg/m2 Si).........................................              NA              NA              NA              NA              NA            1.02
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: NA denotes not applicable based on currently available information.

    Table I-2 of Subpart I--Examples of Fluorinated GHGs Used by the
                          Electronics Industry
------------------------------------------------------------------------
                                          Fluorinated GHGs used during
             Product type                          manufacture
------------------------------------------------------------------------
Electronics...........................  CF4, C2F6, C3F8, c-C4F8, c-
                                         C4F8O, C4F6, C5F8, CHF3, CH2F2,
                                         NF3, SF6, and HTFs (CF3-(O-
                                         CF(CF3)-CF2)n-(O-CF2)m-O-CF3,
                                         CnF2n+2, CnF2n+1(O)CmF2m+1,
                                         CnF2nO, (CnF2n+1)3N).
------------------------------------------------------------------------

                                         Table I-3 of Subpart I--Default Emission Factors for MEMS Manufacturing
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Process Gas i
                                            ------------------------------------------------------------------------------------------------------------
            Process type factors                                                                     NF3
                                               CF4      C2F6     CHF3    CH2F2     C3F8    c-C4F8   remote    NF3      SF6    C4F6\a\  C5F8\a\  C4F8O\a\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Etch 1-Ui..................................      0.7  \1\ 0.4  \1\ 0.4      \1\       NA  \1\ 0.2       NA      0.2      0.2      0.1      0.2        NA
                                                                           0.06
Etch BCF4..................................       NA  \1\ 0.4      \1\      \1\       NA      0.2       NA       NA       NA  \1\ 0.3      0.2        NA
                                                                  0.07     0.08
Etch BC2F6.................................       NA       NA       NA       NA       NA      0.2       NA       NA       NA  \1\ 0.2      0.2        NA