wide DRE factor that is calculated and reported according to 40 CFR
98.96(r). We are proposing that this data element not be considered CBI
because it does not reveal any information that is likely to cause
competitive harm if publicly released. Facilities would be required to
report the calculated facility-wide DRE factor, but would not be
required to report any additional data used to calculate the facility-
wide DRE factor, except the actual emissions values that are already
reported under subpart A and subpart I. The effective facility-wide DRE
would indicate the approximate fraction of a facility's emissions that
are abated. However, it would not provide any insight into the design
or operating conditions of any individual process because the effective
facility-wide DRE would be an aggregate value indirectly calculated
from, among other things, actual emissions, abatement system DRE,
abatement system uptime, apportioning factors, gas consumption, and
default gas utilization rates and by-product formation rates. Because
of the large number of variables that would go into calculating the
effective facility-wide DRE that would not be reported under the
proposed changes to 40 CFR 98.96, competitors would not be able to use
the reported effective facility-wide DRE factor together with other
reported data elements (such as emissions) to calculate any data
element that would otherwise not be reported and considered sensitive,
such as the amount of F-GHG used in an individual process type or sub-
type. Therefore, public disclosure of this data element through the
required reporting proposed here is not likely to cause substantial
competitive harm to the reporting company; the EPA is proposing that
this data element not be protected as CBI.
    One new data element under the proposed 40 CFR 98.96(p)(2) would be
assigned to the ``Unit/Process `Static' Characteristics That Are Not
Inputs to Emission Equations'' data category. Proposed 40 CFR
98.96(p)(2) would require the basis of the DRE value used (either
default or site specific measurement according to proposed 40 CFR
98.94(f)(4)(i) through (vi)) for each process sub-type or process type
and for each gas. We are proposing that this data element not be
considered CBI, because it does not reveal any information that is
likely to cause competitive harm if publicly released. Specifying
whether default or site-specific DRE values were used would reveal that
a fab did or did not use a default DRE value. However, it would not
provide any insight into the design or operating conditions of any
individual process since the default DRE is used in combination with
fab-specific apportioning factors and consumption information to
calculate annual emissions. Because fab-specific consumption and
apportioning data used as inputs to emissions equations are not
required to be reported under the proposed subpart I, competitors would
be unable to derive any sensitive information based on the knowledge
that a particular fab used a default DRE value for a gas and process
type or sub-type combination. Therefore, public disclosure of this data
element through the required reporting proposed here is not likely to
cause substantial competitive harm to the reporting company; the EPA is
proposing that this data element not be protected as CBI.
    Five new data elements to be reported under the proposed 40 CFR
98.96(y)(2) and (y)(3) are part of the triennial (every 3 years)
technology assessment report and would be assigned to the ``Unit/
Process `Static' Characteristics That Are Not Inputs to Emission
Equations'' data category. These data elements would be required for
facilities that emit more than 40,000 mtCO2e of GHG
emissions in 2015 from the electronics manufacturing processes subject
to reporting. Proposed 40 CFR 98.96(y)(2)(i) would require, as part of
the triennial technology assessment report, a description of how the
gases and technologies used in semiconductor manufacturing using 200 mm
and 300 mm wafers in the United States have changed in the past 3 years
and whether any of the identified changes are likely to have affected
the emissions characteristics of semiconductor manufacturing processes
in such a way that the default emission factors or default DRE values
may be required to be updated. Proposed 40 CFR 98.96(y)(2)(ii) would
require a description of the effect of the implementation of new
process technologies and/or finer line width processes in 200 mm and
300 mm technologies, the introduction of new tool platforms, and the
introduction of new processes on previously tested platforms. Proposed
40 CFR 98.96(y)(2)(iii) would require a description of the status of
implementing 450 mm wafer technology and the potential need to create
or update emission factors compared to 300 mm technology. Proposed 40
CFR 98.96(y)(2)(v) would require a description of the use of a new gas,
the use of an existing gas in a new process type or sub-type, or a
fundamental change in process technology. Proposed 40 CFR 98.96(y)(3)
would require a data gathering and analysis plan that includes the
testing of tools to determine the potential effect on current emission
factors and DRE values under new conditions, and a planned analysis of
the effect on overall facility emissions using a representative gas-use
profile for a 200 mm, 300 mm, or 450 mm fab (depending on which
technology is under consideration). We are proposing that each of these
five new data elements be protected as CBI because the proposed data
elements are likely to reveal information regarding recipe-specific
data, new technologies, or advances in production processes that could
be used by a competitor. The EPA intends to use the information
collected in the triennial report for consideration of updating default
emission factors or DRE values in future rulemakings. This information
is not emission data and is likely to reveal potentially sensitive
information about individual facilities because it is likely to include
information about recent process technology developed and adopted by
the facilities, including proprietary process technology that would not
be revealed otherwise. Therefore, public disclosure of these five data
elements through the required reporting proposed here is likely to
cause substantial competitive harm to the reporting company; the EPA is
proposing that these data elements be protected as CBI.
    We are proposing to revise an additional five data elements in
subpart I that would be assigned to the ``Unit/Process `Operating'
Characteristics That Are Not Inputs to Emission Equations'' and ``Unit/
Process `Static' Characteristics That Are Not Inputs to Emission
Equations'' data category. These five data elements are being revised
to clarify the basis for the data element (e.g., fab-specific instead
of facility-specific), to clarify applicability, or to conform to
amendments in other rule sections. EPA made categorical assignments and
confidentiality determinations for these five data elements in Final
Subpart I CBI Determinations Rule. The proposed amendment does not
change the nature or type of the data to be collected. Therefore, we
are not proposing to change the data categorical assignments or CBI
categorical determinations for these five data elements. Additional
information on these five revised subpart I data elements in the
proposed subpart I amendment can be found in the memorandum titled
``Proposed Data Category Assignments for Subpart I 2012 Amendments'' in
Docket EPA-HQ-OAR-2011-0028.

D. Request for Comments on Proposed Confidentiality Determinations

    Today's action provides affected businesses subject to Part 98,
other stakeholders, and the general public an opportunity to provide
comment on several aspects of this proposal. For the CBI component of
this rulemaking, we are soliciting comment on the following specific
issues.
    First, we specifically seek comment on the proposed data category
assignment for each of the 25 new or revised data elements in the
proposed amendments to subpart I. If you believe that the EPA has
improperly assigned certain new data elements in this subpart to any of
the existing data categories, please provide specific comments
identifying which of the new data elements may be mis-assigned along
with a detailed explanation of why you believe them to be incorrectly
assigned and in which data category you believe they belong.
    Second, we specifically seek comment on our proposal to apply the
same categorical confidentiality determinations made in the 2011 Final
CBI Rule for eight direct emitter data categories to the new or revised
data elements in the proposed amendments to subpart I that are assigned
to those categories.
    We seek comment on the proposed confidentiality status of the 12
newly proposed or revised data elements in the direct emitter data
categories for ``Unit/Process `Static' Characteristics That Are Not
Inputs to Emission Equations'' and ``Unit/Process Operating
Characteristics That Are Not Inputs to Emission Equations.''
    By proposing confidentiality determinations prior to data reporting
through this proposal and rulemaking process, we provide potential
reporters an opportunity to submit comments identifying data they
consider sensitive and their rationales and supporting documentation;
this opportunity is the same as that which is afforded submitters of
information in case-by-case confidentiality determinations. We will
evaluate claims of confidentiality before finalizing the
confidentiality determinations. Please note that this will be
reporters' only opportunity to substantiate your confidentiality claim.
Upon finalizing the confidentiality determinations of the subpart I
data elements in this rule, the EPA will release or withhold these
subpart I data in accordance with 40 CFR 2.301, which contains special
provisions governing the treatment of 40 CFR part 98 data for which
confidentiality determinations have been made through rulemaking.
    Please consider the following instructions in submitting comments
on the newly proposed data elements in subpart I.
    Please identify each individual proposed new or revised data
element you do or do not consider to be CBI or emission data in your
comments. Please explain specifically how the public release of that
particular data element would or would not cause a competitive
disadvantage to a facility. Discuss how this data element may be
different from or similar to data that are already publicly available.
Please submit information identifying any publicly available sources of
information containing the specific data elements in question. Data
that are already available through other sources would not be
considered to be CBI. In your comments, please identify the manner and
location in which each specific data element you identify is publicly
available, including a citation. If the data are physically published,
such as in a book, industry trade publication, or federal agency
publication, provide the title, volume number (if applicable),
author(s), publisher, publication date, and International Standard Book
Number (ISBN) or other identifier. For data published on a Web site,
provide the address of the Web site and the date you last visited the
Web site and identify the Web site publisher and content author.
    If your concern is that competitors could use a particular data
element to discern sensitive information, specifically describe the
pathway by which this could occur and explain how the discerned
information would negatively affect your competitive position. Describe
any unique process or aspect of your facility that would be revealed if
the particular proposed new or revised data element you consider
sensitive were made publicly available. If the data element you
identify would cause harm only when used in combination with other
publicly available data, then describe the other data, identify the
public source(s) of these data, and explain how the combination of data
could be used to cause competitive harm. Describe the measures
currently taken to keep the data confidential. Avoid conclusory and
unsubstantiated statements, or general assertions regarding potential
harm. Please be as specific as possible in your comments and include
all information necessary for the EPA to evaluate your comments.

V. Statutory and Executive Order Reviews

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

    Under section 3(f)(4) of Executive Order 12866 (58 FR 51735,
October 4, 1993), this action is not a ``significant regulatory
action'' and is therefore not subject to review under Executive Orders
12866 and 13563 (76 FR 3821, January 21, 2011).
    The EPA prepared an analysis of the potential costs associated with
this proposal. This analysis is contained in the Economics Impact
Analysis (EIA), ``Proposed Amendments and Confidentiality
Determinations for Subpart I EIA.'' A copy of the analysis is available
in the docket for this action and the analysis is briefly summarized
here. Overall, the EPA has concluded that the costs of the proposed
changes would significantly reduce subpart I compliance costs.
Specifically, the proposed changes would reduce nationwide compliance
costs in the first year by 37 percent ($2.7 million to $1.7 million)
and by 73 percent in the second year ($6.4 million to $1.7 million).

B. Paperwork Reduction Act

    This action does not increase information collection burden. As
previously mentioned, this action proposes amended reporting
methodologies in subpart I, confidentiality determinations for reported
data elements, and amendments to subpart A to reflect proposed changes
to the reporting requirements in subpart I. The Office of Management
and Budget (OMB) has previously approved the information collection
requirements contained in subpart I, under 40 CFR part 98, under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and
has assigned OMB control number 2060-0650 for subpart I. The OMB
control numbers for the EPA's regulations in 40 CFR are listed at 40
CFR part 9. Additional information can be found in the docket (see file
``Proposed Amendments and Confidentiality Determinations for Subpart I
Information Collection Burden''). We continue to be interested in the
potential impacts of this action on the burden associated with the
proposed amendments and welcome comments on issues related to such
impacts.

C. Regulatory Flexibility Act (RFA)

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any

rule subject to notice and comment rulemaking requirements under the
Administrative Procedure Act or any other statute unless the agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this re-proposal on small
entities, ``small entity'' is defined as: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; or (3) a small organization that is any
not-for-profit enterprise which is independently owned and operated and
is not dominant in its field.
    This action proposes to (1) Amend monitoring and calculation
methodologies in subpart I; (2) assign subpart I data reporting
elements into CBI data categories; and (3) amend subpart A to reflect
proposed changes to the reporting requirements in subpart I. After
considering the economic impacts of today's proposed rule on small
entities, I certify that this action would not have a significant
economic impact on a substantial number of small entities. The small
entities that would be directly regulated by this proposed rule are
facilities included in NAICS codes for Semiconductor and Related Device
Manufacturing (334413) and Other Computer Peripheral Equipment
Manufacturing (334119). In determining whether a rule has a significant
economic impact on a substantial number of small entities, the impact
of concern is any significant adverse economic impact on small
entities, since the primary purpose of the regulatory flexibility
analyses is to identify and address regulatory alternatives ``which
minimize any significant economic impact of the rule on small
entities.'' 5 U.S.C. 603 and 604. Thus, an agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, or
otherwise has a positive economic effect on small entities subject to
the rule.
    The EPA is proposing to take several steps to reduce the impact of
Part 98 on small entities. For example, the EPA is proposing to remove
the recipe-specific reporting requirements for subpart I, which were
identified by the Petitioner as economically and technically
burdensome. In addition, the EPA has provided a number of flexibilities
in this proposed rule, which would allow reporters to choose the
methodologies that are least burdensome for their facility. Finally,
the EPA continues to conduct significant outreach on the mandatory GHG
reporting rule, and subpart I specifically, and maintains an ``open
door'' policy for stakeholders to help inform the EPA's understanding
of key issues for the industries. Additional information can be found
in the docket (see file ``Proposed Amendments and Confidentiality
Determinations for Subpart I EIA''). We continue to be interested in
the potential impacts of this action on small entities and welcome
comments on issues related to such impacts.

D. Unfunded Mandates Reform Act (UMRA)

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538, requires federal agencies, unless otherwise
prohibited by law, to assess the effects of their regulatory actions on
state, local, and tribal governments and the private sector. Federal
agencies must also develop a plan to provide notice to small
governments that might be significantly or uniquely affected by any
regulatory requirements. The plan must enable officials of affected
small governments to have meaningful and timely input in the
development of the EPA regulatory proposals with significant federal
intergovernmental mandates and must inform, educate, and advise small
governments on compliance with the regulatory requirements.
    This action proposes to: (1) Amend monitoring and calculation
methodologies in subpart I; (2) assign subpart I data reporting
elements into CBI data categories; and (3) amend subpart A to reflect
proposed changes to the reporting requirements in subpart I. This
action 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.
In some cases, the EPA has increased flexibility in the selection of
methods used for calculating and reporting GHGs. Also in this action,
the EPA is revising specific provisions to provide clarity on what is
to be reported. These revisions do not add additional burden on
reporters but offer flexibility. As part of the process of finalization
of the subpart I rule, the EPA undertook specific steps to evaluate the
effect of those final rules on small entities. Based on the proposed
amendments to subpart I provisions, burden will stay the same or
decrease, therefore the EPA's determination finding of no significant
economic impact on a substantial number of small entities has not
changed. Thus, this action is not subject to the requirements of
sections 202 or 205 of the UMRA. This rule is also not subject to the
requirements of section 203 of UMRA because it contains no regulatory
requirements that might significantly or uniquely affect small
governments.
    However, in developing Part 98, the EPA consulted with small
governments pursuant to a plan established under section 203 of the
UMRA to address impacts of regulatory requirements in the rule that
might significantly or uniquely affect small governments. For a summary
of the EPA's consultations with state and/or local officials or other
representatives of state and/or local governments in developing Part
98, see Section VIII.D of the preamble to the final rule (74 FR 56370,
October 30, 2009).

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. However, for a more detailed
discussion about how Part 98 relates to existing state programs, please
see Section II of the preamble to the final rule (74 FR 56266, October
30, 2009).
    This action, which is proposing amended calculation and reporting
methodologies in subpart I, proposing new confidentiality
determinations for data elements required under subpart I, and
proposing amendments to subpart A to reflect proposed changes to the
reporting requirements in subpart I, would only apply to certain
electronics manufacturers. No state or local government facilities are
known to be engaged in the activities that would be affected by the
provisions in this proposed rule. This action also does not limit the
power of states or localities to collect GHG data and/or regulate GHG
emissions. Thus, Executive Order 13132 does not apply to this action.
    In the spirit of Executive Order 13132, and consistent with the EPA
policy to promote communications between the EPA and state and local
governments, the EPA specifically solicits comment on this proposed
action from state and local officials. For a summary of the EPA's
consultation with state and local organizations and representatives in
developing Part 98, see Section VIII.E of

the preamble to the final rule (74 FR 56371, October 30, 2009).

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

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

    The EPA interprets Executive Order 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 Executive Order has the potential to influence the regulation. This
action proposes to: (1) Amend monitoring and calculation methodologies
in subpart I; (2) assign subpart I data reporting elements into CBI
data categories; and (3) amend subpart A to reflect proposed changes to
the reporting requirements in subpart I. This action is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.

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

    This action, which proposes to: (1) Amend monitoring and
calculation methodologies in subpart I, (2) assign subpart I data
reporting elements into CBI data categories, and (3) amend subpart A to
reflect proposed changes to the reporting requirements in subpart I, is
not subject to Executive Order 13211 (66 FR 28355, May 22, 2001),
because it is not a significant regulatory action under Executive Order
12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113 (15 U.S.C. 272 note) directs
the EPA to use voluntary consensus standards (VCS) in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
VCS bodies. The NTTAA directs the EPA to provide Congress, through OMB,
explanations when the agency decides not to use available and
applicable VCS.
    This action, which is proposing to amend monitoring and calculation
methodologies in subpart I, involves technical standards. The EPA is
proposing to include a stack testing option that would involve using
the following EPA reference methods:
     Method 1 or 1A at 40 CFR part 60, appendix A-1, to select
sampling port locations and the number of traverse points in the
exhaust stacks.
     Method 2, 2A, 2C, 2D, 2F, or 2G at 40 CFR part 60,
appendix A-1 and A-2, to determine gas velocity and volumetric flow
rate in the exhaust stacks.
     Method 3, 3A, or 3B at 40 CFR part 60, appendix A-2, to
determine the gas molecular weight of the exhaust using the same
sampling site and at the same time as the F-GHG sampling is performed.
     Method 4 at 40 CFR part 60, appendix A-3, to measure gas
moisture content in the exhaust stacks.
     Method 301 at 40 CFR part 63, appendix A, to perform field
validations of alternative methods of measuring F-GHG emissions and
abatement system DRE.
     Method 320 at 40 CFR part 63, appendix A, to measure the
concentration of F-GHG in the stack exhaust.
    Consistent with the NTTAA, the EPA conducted searches to identify
VCS in addition to these EPA methods. The EPA conducted searches for
VCS from at least three different voluntary consensus standards bodies,
including the following: ASTM, ASME, and International SEMATECH
Manufacturing Initiative (ISMI). No applicable VCS were identified for
EPA Methods 1A, 2A, 2D, 2F, or 2G. The method, ASME PTC 19.10-1981,
Flue and Exhaust Gas Analyses, is not cited in this proposed rule for
its manual method for measuring the oxygen, carbon dioxide and carbon
monoxide content of the exhaust gas. ASME PTC 19.10-1981 is an
acceptable alternative to EPA Methods 3A and 3B for the manual
procedures only, and not the instrumental procedures. The VCS ASTM
D6348-03 (2010), Determination of Gaseous Compounds by Extractive
Direct Interface Fourier Transform (FTIR) Spectroscopy, has been
reviewed by the EPA as a potential alternative to EPA Method 320. All
data and information EPA has received in support of the stack testing
method used EPA Method 320. Since this industry contains specialized
gases in low concentrations, EPA would prefer to have supporting data
prior to approving another test method. Because of this, we are not
proposing this standard as an acceptable alternative for EPA Method 320
in this proposed rule. We note that reporters have the option to obtain
approval for this method under the procedures outlines in 98.94(k). We
specifically seek comment on whether or not ASTM D6348-03 should be
included in as an option for the stack testing method.
    The EPA is proposing to revise the current subpart I provisions for
determining abatement system DRE to incorporate language based on
methods adapted from the ISMI 2009 Guideline for Environmental
Characterization of Semiconductor Process Equipment--Revision 2. We are
proposing to incorporate applicable portions of the ISMI 2009 Guideline
into the rule in proposed Appendix A to Subpart I. The EPA is not
proposing to incorporate by reference the entire ISMI 2009 Guideline
because the ISMI 2009 Guidelines have not been subject to the same
level of peer review and validation as other alternative standards
(e.g., ASTM or ASME standards). Therefore, we are proposing to
incorporate only those portions of the 2009 ISMI Guideline that the EPA
has determined are needed to provide flexibility and reduce burden in
subpart I.
    The EPA identified no other VCS that were potentially applicable
for subpart I in lieu of EPA reference methods. Therefore, the EPA does
not intend to adopt other standards for this purpose. For the methods
required or referenced by the proposed rules, a source may apply to the
EPA for permission to use alternative test methods or alternative
monitoring requirements in place of any required testing methods,
performance specifications or procedures, as specified in proposed 40
CFR part 98, subpart I.
    The EPA welcomes comments on this aspect of the proposed rulemaking
and, specifically, invites the public to

identify potentially applicable VCS and to explain why such standards
should be used in this regulation. Commenters should also explain why
this proposed rule should adopt these VCS in lieu of, or in addition
to, EPA standards. Emission test methods submitted for evaluation
should be accompanied with a basis for the recommendation, including
method validation data and the procedure used to validate the candidate
method (if a method other than Method 301 was used).

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    This action is proposing to: (1) Amend monitoring and calculation
methodologies in subpart I; (2) assign subpart I data reporting
elements into CBI data categories; and (3) amend subpart A to reflect
proposed changes to the reporting requirements in subpart I. The EPA
has determined that this action will not have disproportionately high
and adverse human health or environmental effects on minority or low-
income populations because it does not affect the level of protection
provided to human health or the environment. This action addresses only
reporting and recordkeeping procedures.

List of Subjects in 40 CFR Part 98

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

     Dated: August 31, 2012.
Lisa P. Jackson,
Administrator.
    For the reasons set out 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.

Subpart A--[Amended]

    2. Section 98.7 is amended by revising paragraph (m)(3) and
removing and reserving paragraph (n).
    The revision reads as follows:

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

* * * * *
    (m) * * *
    (3) Protocol for Measuring Destruction or Removal Efficiency (DRE)
of Fluorinated Greenhouse Gas Abatement Equipment in Electronics
Manufacturing, Version 1, EPA-430-R-10-003, March 2010 (EPA 430-R-10-
003), http://www.epa.gov/semiconductor-pfc/documents/dre_protocol.pdf,
IBR approved for Sec.  98.94(f)(4)(i), Sec.  98.94(g)(3), Sec.
98.97(d)(4), Sec.  98.98, Appendix A to subpart I of this part, Sec.
98.124(e)(2), and Sec.  98.414(n)(1).
* * * * *

Table A-7 to Subpart A of Part 98 [Amended]

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

Subpart I--[Amended]

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

Sec.  98.91  Reporting threshold.

    (a) * * *
    (3) * * *
* * * * *
    Ci = Annual fluorinated GHG (input gas i) purchases
or consumption (kg). Only gases that are used in PV manufacturing
processes listed at Sec.  98.90(a)(1) through (a)(4) that have
listed GWP values in Table A-1 to subpart A of this part must be
considered for threshold applicability purposes.
* * * * *
    (b) * * *
* * * * *
WX = Maximum substrate starts of a facility in month x
(m\2\ per month).
* * * * *
    5. Section 98.92 is amended by:
    a. Revising paragraph (a)(1).
    b. Removing and reserving paragraphs (a)(2) and (3).
    c. Revising paragraph (a)(6).
    The revisions read as follows:

Sec.  98.92  GHGs to report.

    (a) * * *
    (1) Fluorinated GHGs emitted.
* * * * *
    (6) All fluorinated GHGs and N2O consumed.
* * * * *
    6. Section 98.93 is amended by:
    a. Revising paragraphs (a) and (b).
    b. Revising paragraph (c) introductory text and the definitions of
``Ci'', ``IBi'', ``IEi'',
``Ai'', and ``Di'' in Equation I-11 of paragraph
(c).
    c. Revising paragraph (d) introductory text and the definitions of
``Di'', ``hil'', ``Nil'',
``Fil'', ``Xi'', and ``M'' in Equation I-12 of
paragraph (d).
    d. Revising paragraph (e) introductory text and the definitions of
``Ci,j'', ``fi,j'', ``Ci'', and ``j''
in Equation I-13 of paragraph (e).
    e. Removing and reserving paragraph (f).
    f. Revising paragraph (g).
    g. Revising paragraph (h) introductory text and the definitions of
``EHi'', ``IiB'', ``Pi'',
``Ni'', ``Ri'', ``IiE'', and
``Di'' in Equation I-16 of paragraph (h).
    h. Removing and reserving paragraph (h)(2).
    i. Adding paragraph (i).
    The revisions read as follows:

Sec.  98.93  Calculating GHG emissions.

    (a) You must calculate total annual emissions of each fluorinated
GHG emitted by electronics manufacturing production processes from each
fab (as defined in Sec.  98.98) at your facility, including each input
gas and each by-product gas, for each process type or process sub-type.
You must use either default gas utilization rates and by-product
formations rates according to the procedures in paragraphs (a)(1),
(a)(2), (a)(4), or (a)(6) of this section, as appropriate, or the stack
test method according to paragraph (i) of this section, to calculate
emissions of each input gas and each by-product gas. If your fab uses
less than 50 kg of a fluorinated GHG in one reporting year, you may
calculate emissions as equal to your fab's annual consumption for that
specific gas as calculated in Equation I-11 of this subpart. If your
fab is required to perform calculations using default emission factors
for gas utilization and by-product formation rates according to the
procedures in paragraphs (a)(1), (a)(2), or (a)(4) of this section, and
default values are not available for a particular input gas and process
type or sub-type combination in Tables I-3, I-4, I-5, I-6, or I-7, you
must follow the procedures in paragraph (a)(6) of this section. If you
calculate emissions of fluorinated GHG input gases and by-product gases
by process type or sub-type using the methods in paragraphs

(a)(1), (a)(2), or (a)(4) of this section, you must calculate annual
emissions of each input fluorinated GHG and of each by-product
fluorinated GHG using Equations I-6 and I-7, respectively.
[GRAPHIC] [TIFF OMITTED] TP16OC12.068

Where:

ProcesstypeEi = Annual emissions of input gas i from the processes
type on a fab basis (metric tons).
Eij = Annual emissions of input gas i from process sub-
type or process type j as calculated in Equation I-8 of this subpart
(metric tons).
N = The total number of process sub-types j that depends on the
electronics manufacturing fab and emission calculation methodology.
If Eij is calculated for a process type j in Equation I-8
of this subpart, N = 1.
i = Input gas.
j = Process sub-type or process type.
[GRAPHIC] [TIFF OMITTED] TP16OC12.069

Where:

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

    (1) If you manufacture MEMS, LCDs, or PVs, you must calculate
annual fab-level emissions of each fluorinated GHG used for the plasma
etching and chamber cleaning process types using default utilization
and by-product formation rates as shown in Table I-5, I-6, or I-7 of
this subpart, as appropriate, and by using Equations I-8 and I-9 of
this subpart.
    (2) If you manufacture semiconductors on wafers measuring 300 mm or
less in diameter, you must adhere to the procedures in paragraphs
(a)(2)(i) and (ii) of this section.
    (i) You must calculate annual fab-level emissions of each
fluorinated GHG used for the plasma etching/wafer cleaning process type
using default utilization and by-product formation rates as shown in
Table I-3 or I-4 of this subpart, and by using Equations I-8 and I-9 of
this subpart.
    (ii) You must calculate annual fab-level emissions of each
fluorinated GHG used for each of the process sub-types associated with
the chamber cleaning process type, including in-situ plasma chamber
clean, remote plasma chamber clean, and in-situ thermal chamber clean,
using default utilization and by-product formation rates as shown in
Table I-3 or I-4 of this subpart, and by using Equations I-8 and I-9 of
this subpart.
    (3) [Reserved.]
    (4) If you manufacture semiconductors on wafers measuring greater
than 300 mm in diameter, you must adhere to the procedures in
paragraphs (a)(4)(i) and (ii) of this section.
    (i) You must calculate annual fab-level emissions of each
fluorinated GHG used for the plasma etching/wafer cleaning process type
using default utilization and by-product formation rates as shown in
Table I-4 of this subpart, and by using Equations I-8 and I-9 of this
subpart.
    (ii) You must calculate annual fab-level emissions of each
fluorinated GHG used for each of the process sub-types associated with
the chamber cleaning process type, including in-situ plasma chamber
clean, remote plasma chamber clean, and in-situ thermal chamber clean,
using default utilization and by-product formation rates as shown in
Table I-4 of this subpart, and by using Equations I-8 and I-9 of this
subpart.
    (5) [Reserved.]
    (6) If your facility is required to perform calculations using
default emission factors for gas utilization and by-product formation
rates according to the procedures in paragraphs (a)(1), (a)(2), or
(a)(4) of this section, and default values are not available for a
particular input gas and process type or sub-type combination in Tables
I-3, I-4, I-5, I-6, or I-7, you must use the utilization and by-product
formation rates of zero and use Equations I-8 and I-9 of this subpart.
[GRAPHIC] [TIFF OMITTED] TP16OC12.070

Where:

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

subpart, on a fab basis (expressed as a decimal fraction).
0.001 = Conversion factor from kg to metric tons.
i = Input gas.
j = Process sub-type or process type.
[GRAPHIC] [TIFF OMITTED] TP16OC12.071

Where:

BEijk = Annual emissions of by-product gas k formed from
input gas i from process sub-type or process type j, on a fab basis
(metric tons).
Bijk = By-product formation rate of gas k created as a
by-product per amount of input gas i (kg) consumed by process sub-
type or process type j (kg).
Cij = Amount of input gas i consumed for process sub-
type, or process type j, as calculated in Equation I-13 of this
subpart, on a fab basis (kg).
aij = Fraction of input gas i used for process sub-type,
or process type j with abatement systems, on a fab basis (expressed
as a decimal fraction).
djk = Fraction of by-product gas k destroyed or removed
in abatement systems connected to process tools where process sub-
type, or process type j is used, on a fab basis (expressed as a
decimal fraction). This is zero unless the facility adheres to the
requirements in Sec.  98.94(f).
UTjk = The average uptime factor of all abatement systems
connected to process tools in the fab emitting by-product gas k in
process sub-type or process type j, as calculated in Equation I-15b
of this subpart, on a fab basis (expressed as a decimal fraction).
0.001 = Conversion factor from kg to metric tons.
i = Input gas.
j = Process sub-type or process type.
k = By-product gas.

    (b) You must calculate annual fab-level N2O emissions
from all chemical vapor deposition processes and from the aggregate of
other electronics manufacturing production processes using Equation I-
10 of this subpart and the methods in paragraphs (b)(1) and (b)(2) of
this section. If your fab uses less than 50 kg of N2O in one
reporting year, you may calculate fab emissions as equal to your fab's
annual consumption for N2O as calculated in Equation I-11 of
this subpart.
[GRAPHIC] [TIFF OMITTED] TP16OC12.072

Where:

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

    (1) You must use the factor for N2O utilization for
chemical vapor deposition processes as shown in Table I-8 to this
subpart.
    (2) You must use the factor for N2O utilization for all
other manufacturing production processes other than chemical vapor
deposition as shown in Table I-8 to this subpart.
    (c) You must calculate total annual input gas i consumption on a
fab basis for each fluorinated GHG and N2O using Equation I-
11 of this subpart.
* * * * *
Ci = Annual consumption of input gas i, on a fab basis
(kg per year).
IBi = Inventory of input gas i stored in containers at
the beginning of the reporting year, including heels, on a fab basis
(kg). For containers in service at the beginning of a reporting
year, account for the quantity in these containers as if they were
full.
IEi = Inventory of input gas i stored in containers at
the end of the reporting year, including heels, on a fab basis (kg).
For containers in service at the end of a reporting year, account
for the quantity in these containers as if they were full.
Ai = Acquisitions of input gas i during the year through
purchases or other transactions, including heels in containers
returned to the electronics manufacturing facility, on a fab basis
(kg).
Di = Disbursements of input gas i through sales or other
transactions during the year, including heels in containers returned
by the electronics manufacturing facility to the chemical supplier,
as calculated using Equation I-12 of this subpart, on a fab basis
(kg).
* * * * *
    (d) You must calculate disbursements of input gas i using fab-wide
gas-specific heel factors, as determined in Sec.  98.94(b), and by
using Equation I-12 of this subpart.
* * * * *
Di = Disbursements of input gas i through sales or other
transactions during the reporting year on a fab basis, including
heels in containers returned by the electronics manufacturing fab to
the gas distributor (kg).
hil = Fab-wide gas-specific heel factor for input gas i
and container size and type l (expressed as a decimal fraction), as
determined in Sec.  98.94(b). If your fab uses less than 50 kg of a
fluorinated GHG or N2O in one reporting year, you may
assume that any hil for that fluorinated GHG or
N2O is equal to zero.
Nil = Number of containers of size and type l returned to
the gas distributor containing the standard heel of input gas i.
Fil = Full capacity of containers of size and type l
containing input gas i, on a fab basis (kg).
Xi = Disbursements under exceptional circumstances of
input gas i through sales or other transactions during the year, on
a fab basis (kg). These include returns of containers whose contents
have been weighed due to an exceptional circumstance as specified in
Sec.  98.94(b)(4).
* * * * *
M = The total number of different sized container types on a fab
basis. If only one size and container type is used for an input gas
i, M=1.

    (e) You must calculate the amount of input gas i consumed, on a fab
basis, for each process sub-type or process type j, using Equation I-13
of this subpart.
* * * * *
Ci,j = The annual amount of input gas i consumed, on a
fab basis, for process sub-type, or process type j (kg).
fi,j = Process sub-type-specific, or process type-
specific j, input gas i apportioning factor (expressed as a decimal
fraction),

as determined in accordance with Sec.  98.94(c).
Ci = Annual consumption of input gas i, on a fab basis,
as calculated using Equation I-11 of this subpart (kg).
* * * * *
j = Process sub-type, or process type.

    (f) [Reserved.]
    (g) If you report controlled emissions pursuant to Sec.  98.94(f),
you must calculate the uptime of all the abatement systems for each
combination of input gas or by-product gas, and process sub-type or
process type, by using Equation I-15a or I-15b of this subpart. Use
Equation I-15a for the calculation of uptime for tools using each input
gas, and Equation I-15b for the calculation of uptime for tools
emitting each by-product gas.
[GRAPHIC] [TIFF OMITTED] TP16OC12.073

Where:

UTij = The average uptime factor of all abatement systems
connected to process tools in the fab using input gas i in process
sub-type or process type j (expressed as a decimal fraction).
Tdijp = The total time, in minutes, that abatement system
p, connected to process tool(s) in the fab using input gas i in
process sub-type or process type j, is not in operational mode, as
defined in Sec.  98.98, when at least one of the tools connected to
abatement system p is in operation.
UTijp = Total time, in minutes per year, in which
abatement system p has at least one associated tool in operation.
For determining the amount of tool operating time, you may assume
that tools that were installed for the whole of the year were
operated for 525,600 minutes per year. For tools that were installed
or uninstalled during the year, you must prorate the operating time
to account for the days in which the tool was not installed; treat
any partial day that a tool was installed as a full day (1,440
minutes) of tool operation. For an abatement system that has more
than one connected tool, the tool operating time is 525,600 minutes
per year if at least one tool was installed at all times throughout
the year. If you have tools that are idle with no gas flow through
the tool, you may calculate total tool time using the actual time
that gas is flowing through the tool.
i = Input gas.
j = Process sub-type or process type.
p = Abatement system.
[GRAPHIC] [TIFF OMITTED] TP16OC12.074

Where:

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

    (h) If you use fluorinated heat transfer fluids, you must calculate
the annual emissions of fluorinated heat transfer fluids on a fab basis
using the mass balance approach described in Equation I-16 of this
subpart.
* * * * *
EHi = Emissions of fluorinated heat transfer fluid i, on
a fab basis (metric tons/year).
* * * * *
IiB = Inventory of fluorinated heat transfer fluid i, on
a fab basis, in containers other than equipment at the beginning of
the reporting year (in stock or storage) (l). The inventory at the
beginning of the reporting year must be the same as the inventory at
the end of the previous reporting year.
Pi = Acquisitions of fluorinated heat transfer fluid i,
on a fab basis, during the reporting year (l), including amounts
purchased from chemical suppliers, amounts purchased from equipment
suppliers with or inside of equipment, and amounts returned to the
facility after off-site recycling.
Ni = Total nameplate capacity (full and proper charge) of
equipment that uses fluorinated heat transfer fluid i and that is
newly installed in the fab during the reporting year (l).
Ri = Total nameplate capacity (full and proper charge) of
equipment that uses fluorinated heat transfer fluid i and that is
removed from service in the fab during the reporting year (l).
IiE = Inventory of fluorinated heat transfer fluid i, on
a fab basis in containers other than equipment at the end of the
reporting year (in stock or storage)(l).
Di = Disbursements of fluorinated heat transfer fluid i,
on a fab basis, during the reporting year, including amounts
returned to chemical suppliers, sold with or inside of equipment,
and sent off-site for verifiable recycling or destruction (l).
Disbursements should include only amounts that are properly stored
and transported so as to prevent emissions in transit.
* * * * *

    (i) Stack test method. As an alternative to the default emission
factor method in paragraph (a) of this section, you may calculate fab-
level fluorinated GHG emissions using fab-specific emission factors
developed from stack testing. To use the method in this paragraph, you
must first make a preliminary estimate of the fluorinated GHG emissions
from each stack system in the fab under paragraph (i)(1) of this
section. You must then compare the

preliminary estimate for each stack system to the criteria in paragraph
(i)(2) of this section to determine whether the stack system meets the
criteria for using the stack test method described in paragraph (i)(3)
of this section or whether the stack system meets the criteria for
using the method described in paragraph (i)(4) of this section to
estimate emissions from the stack systems that are not tested.
    (1) Preliminary estimate of emissions by stack system in the fab.
You must calculate a preliminary estimate of the annual emissions of
each fluorinated GHG from each stack system in the fab using default
utilization and by-product formation rates as shown in Table I-11, I-
12, I-13, I-14, or I-15 of this subpart, as applicable, and by using
Equations I-8 and I-9 of this subpart. When using Equations I-8 and I-9
of this subpart for the purposes of this paragraph (i)(1), you must
also adhere to the procedures in paragraphs (i)(1)(i) to (iii) of this
section to calculate preliminary estimates.
    (i) When you are calculating preliminary estimates for the purpose
of this paragraph (i)(1), you must consider the subscript ``j'' in
Equations I-8 and I-9, and I-13 of this subpart to mean ``stack
system'' instead of ``process sub-type or process type.'' For the value
of aij, the fraction of input gas i that is used in tools
with abatement systems, for use in Equations I-8 and I-9, you may use
the ratio of the number of tools using input gas i that have abatement
systems that are vented to the stack system for which you are
calculating the preliminary estimate to the total number of tools using
input gas i that are vented to that stack system, expressed as a
decimal fraction. You may use this approach to determining
aij only for this preliminary estimate.
    (ii) You must use data from the previous reporting year to estimate
the consumption of input gas i as calculated in Equation I-13 of this
subpart and the fraction of input gas i destroyed in abatement systems
for each stack system as calculated by Equation I-24 of this subpart.
When calculating the consumption of input gas i as calculated in
Equation I-13 of this subpart, the term ``fij'' is replaced
with the ratio of the number of tools using input gas i that are vented
to the stack system for which you are calculating the preliminary
estimate to the total number of tools in the fab using input gas i,
expressed as a decimal fraction. You may use this approach to
determining fij only for this preliminary estimate.
    (iii) You must use data from the previous reporting year to
estimate the total uptime of all abatement systems for the stack system
as calculated by Equation I-23 of this subpart, instead of using
Equation I-15a or Equation I-15b of this subpart to calculate the
average uptime factor.
    (2) Method selection for stack systems in the fab. If the
calculations under paragraph (i)(1) of this section, as well as any
subsequent annual measurements and calculations under this subpart,
indicate that the stack system meets the criteria in paragraph
(i)(2)(i) through (iii) of this section, then you may comply with
either paragraph (i)(3) of this section (stack test method) or
paragraph (i)(4) of this section (method to estimate emissions from the
stack systems that are not tested). If the stack system does not meet
all three criteria in paragraph (i)(2)(i) through (iii) of this
section, then you must comply with the stack test method specified in
paragraph (i)(3) of this section.
    (i) The sum of annual emissions of fluorinated GHGs from all of the
combined stack systems that are not tested in the fab is less than
10,000 metric ton CO2e per year. For those fluorinated GHG
in Tables I-11, I-12, I-13, I-14, and I-15 of this subpart for which
Table A-1 to subpart A of this part does not define a GWP value, you
must use a value of 2,000 for the GWP in calculating metric ton
CO2e for that fluorinated GHG.
    (ii) When all stack systems in the fab are ordered from lowest to
highest emitting in metric ton CO2e of fluorinated GHG per
year, each of the stack systems that is not tested is within the set of
the fab's lowest emitting fluorinated GHG stack systems that together
emit 15 percent or less of total CO2e fluorinated GHG
emissions from the fab. For those fluorinated GHG that do not have GWP
values listed in Table A-1 to subpart A of this part, you must use a
GWP value of 2,000 in calculating CO2e.
    (iii) Fluorinated GHG emissions from each of the stack systems that
is not tested can only be attributed to particular process tools during
the test (that is, the stack system that is not tested cannot be used
as an alternative emission point or bypass stack system from other
process tools not attributed to the untested stack system).
    (3) Stack system stack test method. For each stack system in the
fab for which testing is required, measure the emissions of each
fluorinated GHG from the stack system by conducting an emission test.
In addition, measure the fab-specific consumption of each fluorinated
GHG by the tools that are vented to the stack systems tested. Measure
emissions and consumption of each fluorinated GHG as specified in Sec.
98.94(j). Develop fab-specific emission factors and calculate fab-level
fluorinated GHG emissions using the procedures specified in paragraph
(i)(3)(i) through (viii) of this section. All emissions test data and
procedures used in developing emission factors must be documented
according to Sec.  98.97.
    (i) You must measure, and, if applicable, apportion the fab-
specific fluorinated GHG consumption of the tools that are vented to
the stack systems that are tested during the emission test as specified
in Sec.  98.94(j)(3). Calculate the consumption for each fluorinated
GHG for the test period.
    (ii) You must calculate the emission of each fluorinated GHG
consumed as an input gas using Equation I-17 of this subpart and each
fluorinated GHG formed as a by-product gas using Equation I-18 of this
subpart and the procedures specified in paragraphs (i)(3)(ii)(A)
through (E) of this section. If a stack system has more than one stack
emitting to the atmosphere from a common header, you must measure the
fluorinated GHG concentration and flow in each stack from that header
to the atmosphere, and sum the emissions from each stack in the stack
system when using Equation I-17 or Equation I-18 of this subpart.
[GRAPHIC] [TIFF OMITTED] TP16OC12.075

Where:

Eis = Total fluorinated GHG input gas i, emitted from
stack system s, during the sampling period (kg).
Xism = Average concentration of fluorinated GHG input gas
i in stack system s, during the time interval m (ppmv).
MWi = Molecular weight of fluorinated GHG input gas i (g/
g-mole).
Qs = Flow rate of the stack system s, during the sampling
period (m\3\/min).

SV = Standard molar volume of gas (0.02240 m\3\/g-mole at 68 [deg]F
and 1 atm).
[Delta]tm = Length of time interval m (minutes). Each
time interval in the sampling period must be less than or equal to
60 minutes (for example an 8 hour sampling period would consist of
at least 8 time intervals).
1/10\3\ = Conversion factor (1 kilogram/1,000 grams).
i = Fluorinated GHG input gas.
s = Stack system.
N = Total number of time intervals m in sampling period.
m = Time interval.
[GRAPHIC] [TIFF OMITTED] TP16OC12.076

Where:

Eks = Total fluorinated GHG by-product gas k, emitted
from stack system s, during the sampling period (kg).
Xks = Average concentration of fluorinated GHG by-product
gas k in stack system s, during the time interval m (ppmv).
MWk = Molecular weight of the fluorinated GHG by-product
gas k (g/g-mole).
Qs = Flow rate of the stack system s, during the sampling
period (m\3\/min).
SV = Standard molar volume of gas (0.02240 m\3\/g-mole at 68 [deg]F
and 1 atm).
[Delta]tm = Length of time interval m (minutes). Each
time interval in the sampling period must be less than or equal to
60 minutes (for example an 8 hour sampling period would consist of
at least 8 time intervals).
1/10\3\ = Conversion factor (1 kilogram/1,000 grams).
k = Fluorinated GHG by-product gas.
s = Stack system.
N = Total number of time intervals m in sampling period.
m = Time interval.

    (A) If a fluorinated GHG is consumed during the sampling period,
but emissions are not detected, use one-half of the field detection
limit you determined for that fluorinated GHG according to Sec.
98.94(j)(2) for the value of ``Xism'' in Equation I-17.
    (B) If a fluorinated GHG is consumed during the sampling period and
detected intermittently during the sampling period, use the detected
concentration for the value of ``Xism'' in Equation I-17
when available and use one-half of the field detection limit you
determined for that fluorinated GHG according to Sec.  98.94(j)(2) for
the value of ``Xism'' when the fluorinated GHG is not
detected.
    (C) If a fluorinated GHG is not consumed during the sampling period
but is detected intermittently as a by-product gas, use the measured
concentration for ``Xksm'' in Equation I-18 when available
and use one-half of the field detection limit you determined for that
fluorinated GHG according to Sec.  98.94(j)(2) for the value of
``Xksm'' when the fluorinated GHG is not detected.
    (D) If a fluorinated GHG is an expected by-product gas of the stack
system tested and is not detected during the sampling period, use one-
half of the field detection limit you determined for that fluorinated
GHG according to Sec.  98.94(j)(2) for the value of ``Xksm''
in Equation I-18.
    (E) If a fluorinated GHG is not an expected by-product of the stack
system and is not detected during the sampling period, then assume zero
emissions for that fluorinated GHG for the tested stack system.
    (iii) You must calculate a fab-specific emission factor for each
fluorinated GHG input gas consumed (in kg of fluorinated GHG emitted
per kg of input gas i consumed) in the tools that vent to stack systems
that are tested, as applicable, using Equation I-19 of this subpart. If
the emissions of input gas i exceed the consumption of input gas i
during the sampling period, then equate ``Eij'' to the
consumption of input gas i and treat the difference between the
emissions and consumption of input gas i as a by-product of the other
input gases, using Equation I-20 of this subpart.
[GRAPHIC] [TIFF OMITTED] TP16OC12.077

Where:

EFif = Emission factor for fluorinated GHG input gas i,
from fab f, representing 100 percent abatement system uptime (kg
emitted/kg input gas consumed).
Eis = Mass emission of fluorinated GHG input gas i from
stack system s, during the sampling period (kg emitted).
Activityif = Consumption of fluorinated GHG input gas i,
for fab f, in the tools vented to the stack systems being tested,
during the sampling period, as determined following the procedures
specified in Sec.  98.94(j)(3) (kg consumed).
UTf = The total uptime of all abatement systems for fab
f, during the sampling period, as calculated in Equation I-23 of
this subpart (expressed as decimal fraction). If the stack system
does not have abatement systems on the tools vented to the stack
system, the value of this parameter is zero.
aif = Fraction of fluorinated GHG input gas i used in fab
f in tools with abatement systems (expressed as a decimal fraction).
dif = Fraction of fluorinated GHG input gas i destroyed
or removed in abatement systems connected to process tools in fab f,
as calculated in Equation I-24 of this subpart (expressed as decimal
fraction). If the stack system does not have abatement systems on
the tools vented to the stack system, the value of this parameter is
zero.
f = Fab.
i = Fluorinated GHG input gas.
s = Stack system.

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

[GRAPHIC] [TIFF OMITTED] TP16OC12.078

Where:

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

    (v) You must calculate annual fab-level emissions of each
fluorinated GHG consumed using Equation I-21 of this section.
[GRAPHIC] [TIFF OMITTED] TP16OC12.079

Where:

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

    (vi) You must calculate annual fab-level emissions of each
fluorinated GHG by-product formed using Equation I-22 of this section.
[GRAPHIC] [TIFF OMITTED] TP16OC12.080

Where:

Ekf = Annual emissions of fluorinated GHG by-product k
(kg/year) from the stack systems that are tested for fab f.
EFkf = Emission factor for fluorinated GHG by-product k,
emitted from fab f, as calculated in Equation I-20 of this subpart
(kg emitted/kg of all input gases consumed).
Cif = Total consumption of fluorinated GHG input gas i in
tools that are vented to stack systems that are tested, for fab f,
for the reporting year, as calculated using Equation I-13 of this
subpart.
UTf = The total uptime of all abatement systems for fab
f, during the reporting year as calculated using Equation I-23 of
this subpart (expressed as a decimal fraction).
af = Fraction of input gases used in fab f in tools with
abatement systems (expressed as a decimal fraction).
dkf = Fraction of fluorinated GHG by-product k destroyed
or removed in abatement systems connected to process tools in fab f
that are included in the stack testing option, as calculated in
Equation I-24 of this subpart (expressed as decimal fraction).
f = Fab.
i = Fluorinated GHG input gas.
k = Fluorinated GHG by-product.

    (vii) When using the stack testing method described in this
paragraph (i), you must calculate abatement system uptime on a fab
basis using Equation I-23 of this subpart. When calculating abatement
system uptime for use in Equation I-19 and I-20 of this subpart, you
must evaluate the variables ``Tdpj'' and ``UTpf''
for the sampling period instead of the reporting year.
[GRAPHIC] [TIFF OMITTED] TP16OC12.081

Where:

UTf = The total uptime of all abatement systems, for fab
f (expressed as a decimal fraction).
Tdpf = The total time, in minutes, that abatement system
p, connected to process tool(s) in fab f, is not in operational mode
as defined in Sec.  98.98.
UTpf = Total time, in minutes per year, in which the
tool(s) connected at any point during the year to abatement system
p, in fab f could be in operation. For determining the amount of
tool operating time, you may assume that tools that were installed
for the whole of the year were operated for 525,600 minutes per

year. For tools that were installed or uninstalled during the year,
you must prorate the operating time to account for the days in which
the tool was not installed; treat any partial day that a tool was
installed as a full day (1,440 minutes) of tool operation. For an
abatement system that has more than one connected tool, the tool
operating time is 525,600 minutes per year if there was at least one
tool installed at all times throughout the year. If you have tools
that are idle with no gas flow through the tool, you may calculate
total tool time using the actual time that gas is flowing through
the tool.
f = Fab.
p = Abatement system.

    (viii) When using the stack testing option described in this
paragraph (i), you must calculate the weighted average fraction of
input gas i destroyed or removed in abatement systems for each fab f,
as applicable, by using Equation I-24 of this subpart.
[GRAPHIC] [TIFF OMITTED] TP16OC12.082

Where:

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

    (4) Method to calculate emissions from stack systems that are not
tested. You must calculate annual fab-level emissions of each input and
by-product fluorinated GHG for those fluorinated GHG listed in
paragraphs (i)(4)(i) and (ii) of this section using default utilization
and by-product formation rates as shown in Tables I-11, I-12, I-13, I-
14, or I-15 of this subpart, as applicable, and by using Equations I-8,
I-9, and I-13 of this subpart. When using Equations I-8, I-9, and I-13
of this subpart to fulfill the requirements of this paragraph, you must
use, in place of the term Cij in each equation, the total
consumption of each fluorinated GHG meeting the criteria in paragraph
(i)(4)(i) of this section or that is used in tools vented to the stack
systems that meet the criteria in paragraph (i)(4)(ii) of this section.
You also must use the results of Equation I-24 of this subpart in place
of the terms dij in Equation I-8 of this subpart and
djk in Equation I-9 of this subpart, and use the results of
Equation I-23 of this subpart in place of the results of Equation I-15a
or Equation I-15b of this subpart for the terms UTij and
UTjk.
    (i) Calculate emissions from consumption of each intermittent low-
use fluorinated GHG as defined in Sec.  98.98 of this subpart using the
default utilization and by-product formation rates and equations
specified in paragraph (i)(4) of this section. If a fluorinated GHG was
not being used during the stack testing and does not meet the
definition of intermittent low-use fluorinated GHG in Sec.  98.98, then
you must test the stack systems associated with the use of that
fluorinated GHG at a time when that gas is in use at a magnitude that
would allow you to determine an emission factor for that gas according
to the procedures specified in paragraph (i)(3) of this section.
    (ii) Calculate emissions from consumption of each fluorinated GHG
used in tools vented to stack systems that meet the criteria specified
in paragraphs (i)(2)(i) through (i)(2)(iii) of this section, and were
not tested according to the procedures in paragraph (i)(3) of this
section. Calculate emissions using the default utilization and by-
product formation rates and equations specified in paragraph (i)(4) of
this section.
    (5) To determine the total emissions of each fluorinated GHG from
each fab under this stack testing option, you must sum the emissions of
each fluorinated GHG determined from the procedures in paragraph (i)(3)
of this section with the emissions of the same fluorinated GHG
determined from the procedures in paragraph (i)(4) of this section.
    7. Section 98.94 is amended by:
    a. Removing and reserving paragraph (a).
    b. Revising paragraph (b), paragraph (c) introductory text, and
paragraph (c)(2).
    c. Adding paragraph (c)(3).
    d. Removing and reserving paragraphs (d) and (e).
    e. Revising paragraph (f) introductory text and paragraph (f)(1)
introductory text, (f)(1)(ii), (f)(2), (f)(3) and (f)(4).
    f. Removing and reserving paragraphs (g)(1) and (g)(2).
    g. Revising paragraphs (g)(3) and (g)(4).
    h. Revising paragraph (h) introductory text and paragraphs (h)(3)
and (i).
    i. Adding paragraphs (j) and (k).
    The additions and revisions read as follows:

Sec.  98.94  Monitoring and QA/QC requirements.

    (a) [Reserved.]
    (b) For purposes of Equation I-12 of this subpart, you must
estimate fab-wide gas-specific heel factors for each container type for
each gas used, except for fluorinated GHGs or N2O which your
fab uses in quantities less than 50 kg in one reporting year, according
to the procedures in paragraphs (b)(1) through (b)(5) of this section.
    (1) Base your fab-wide gas-specific heel factors on the trigger
point for change out of a container for each container size and type
for each gas used. Fab-wide gas-specific heel factors must be expressed
as the ratio of the trigger point for change out, in terms of mass, to
the initial mass in the container, as determined by paragraphs (b)(2)
and (3) of this section.
    (2) The trigger points for change out you use to calculate fab-wide
gas-specific heel factors in paragraph (b)(1) of this section must be
determined by monitoring the mass or the pressure of your containers.
If you monitor the pressure, convert the pressure to mass using the
ideal gas law, as displayed in Equation I-25 of this subpart, with the
appropriate Z value selected based upon the properties of the gas.
[GRAPHIC] [TIFF OMITTED] TP16OC12.083

Where:

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

    (3) The initial mass you use to calculate a fab-wide gas-specific
heel factor in paragraph (b)(1) of this section may be based on the
weight of the gas provided to you in gas supplier documents; however,
you remain responsible for the accuracy of these masses and weights
under this subpart.

    (4) If a container is changed in an exceptional circumstance, as
specified in paragraphs (b)(4)(i) and (ii) of this section, you must
weigh that container or measure the pressure of that container with a
pressure gauge, in place of using a heel factor to determine the
residual weight of gas. When using mass-based trigger points for change
out, you must determine if an exceptional circumstance has occurred
based on the net weight of gas in the container, excluding the tare
weight of the container.
    (i) For containers with a maximum storage capacity of less than
9.08 kg (20 lbs) of gas, an exceptional circumstance is a change out
point that differs by more than 50 percent from the trigger point for
change out used to calculate your fab-wide gas-specific heel factor for
that gas and container type.
    (ii) For all other containers, an exceptional circumstance is a
change out point that differs by more than 20 percent from the trigger
point for change out used to calculate your fab-wide gas-specific heel
factor for that gas and container type.
    (5) You must re-calculate a fab-wide gas-specific heel factor if
you execute a process change to modify the trigger point for change out
for a gas and container type that differs by more than 5 percent from
the previously used trigger point for change out for that gas and
container type.
    (c) You must develop apportioning factors for fluorinated GHG and
N2O consumption (including the fraction of gas consumed by
process tools connected to abatement systems as in Equations I-8, I-9,
I-10, and I-24 of this subpart), to use in the equations of this
subpart for each input gas i, process sub-type, process type, stack
system, and fab as appropriate, using a fab-specific engineering model
that is documented in your site GHG Monitoring Plan as required under
Sec.  98.3(g)(5). This model must be based on a quantifiable metric,
such as wafer passes or wafer starts, or direct measurement of input
gas consumption as specified in paragraph (c)(3) of this section. To
verify your model, you must demonstrate its precision and accuracy by
adhering to the requirements in paragraphs (c)(1) and (2) of this
section.
* * * * *
    (2) You must demonstrate the accuracy of your fab-specific model by
comparing the actual amount of input gas i consumed and the modeled
amount of input gas i consumed in the fab, as follows:
    (i) You must analyze actual and modeled gas consumption for a
period when the fab is at a representative operating level (as defined
in Sec.  98.98) lasting at least 30 days but no more than the reporting
year.
    (ii) You must compare the actual gas consumed to the modeled gas
consumed for one fluorinated GHG reported under this subpart for the
fab. You must certify that the fluorinated GHG selected for comparison
corresponds to the largest quantity, on a mass basis, of fluorinated
GHG consumed at the fab during the reporting year for which you are
required to apportion following the procedures specified in Sec.
98.93(a), (b), or (i). You may compare the actual gas consumed to the
modeled gas consumed for two fluorinated GHGs and demonstrate
conformance according to paragraph (c)(2)(iii) of this section on an
aggregate use basis for both fluorinated GHGs if one of the fluorinated
GHGs selected for comparison corresponds to the largest quantities, on
a mass basis, of fluorinated GHGs used at each fab during the reporting
year.
    (iii) You must demonstrate that the comparison performed for the
largest quantity of gas(es), on a mass basis, consumed in the fab in
paragraph (c)(2)(ii) of this section, does not result in a difference
between the actual and modeled gas consumption that exceeds 20 percent
relative to actual gas consumption, reported to two significant figures
using standard rounding conventions.
    (iv) If you are required to apportion gas consumption and use the
procedures in Sec.  98.93(i) to calculate annual emissions from a fab,
you must verify your apportioning factors using the procedures in
paragraphs (c)(2)(ii) and (iii) of this section such that the time
period specified in paragraph (c)(2)(i) of this section ends on the
last day you perform the sampling events specified under Sec.
98.93(i)(3).
    (v) If your facility has multiple fabs with a single centralized
fluorinated-GHG supply system and two or more fabs that use different
methods to calculate annual emissions of fluorinated GHGs, you must
verify that your apportioning model can apportion fluorinated GHG
consumption among the fabs by adhering to the procedures in paragraphs
(c)(2)(ii) through (c)(2)(iv) of this section.
    (3) As an alternative to developing apportioning factors for
fluorinated GHG and N2O consumption using a fab-specific
engineering model, you may develop apportioning factors through the use
of direct measurement using gas flow meters and weigh scales to measure
process sub-type, process type, stack system, or fab-specific input gas
consumption. You may use a combination of apportioning factors
developed using a fab-specific engineering model and apportioning
factors developed through the use of direct measurement, provided this
is documented in your site GHG Monitoring Plan as required under
98.3(g)(5).
* * * * *
    (f) You must adhere to the procedures in paragraphs (f)(1) and
(f)(2) of this section if your facility employs abatement systems and
you use Sec.  98.93(a) and/or Sec.  98.93(b) to calculate emissions and
wish to reflect emission reductions due to these systems. You must also
adhere to the procedures in paragraphs (f)(1) and (f)(2) of this
section if you use Sec.  98.93(i) to calculate emissions. If you use
the default destruction or removal efficiencies in Table I-16 of this
subpart, you must adhere to procedures in paragraph (f)(3) of this
section. If you use an average of properly measured destruction or
removal efficiencies for a gas and process sub-type or process type
combination, as applicable, during a reporting year, you must adhere to
procedures in paragraph (f)(4) of this section.
    (1) You must certify and document that the abatement systems are
properly installed, operated, and maintained according to
manufacturers' specifications by adhering to the procedures in
paragraphs (f)(1)(i) and (ii) of this section.
* * * * *
    (ii) You must certify and document your abatement systems are
operated and maintained in accordance with the manufacturers'
specifications and according to the site maintenance plan for abatement
systems that is developed and maintained in your records as specified
in Sec.  98.97(d).
    (2) You must calculate and document the uptime of abatement systems
using Equations I-15a, I-15b, or I-23 of this subpart, as applicable.
    (3) To report emissions using the default destruction or removal
efficiencies in Table I-16 of this subpart, you must certify and
document that the abatement systems at your facility are specifically
designed for fluorinated GHG and N2O abatement.
    (4) If you do not use the default destruction or removal efficiency
values to calculate and report controlled emissions, you must use an
average of properly measured destruction or removal efficiencies for
each gas and process sub-type or process type combination, as
applicable, determined in accordance with procedures in paragraphs
(f)(4)(i) through (vi) of this

section. You must not use a default value from Table I-16 of this
subpart for any gas and process type combination for which you have
measured the destruction or removal efficiency according to the
requirements of paragraphs (f)(4)(i) through (vi) of this section.
    (i) A properly measured destruction or removal efficiency value
must be determined in accordance with EPA 430-R-10-003 (incorporated by
reference, see Sec.  98.7), or according to an alternative method
approved by the Administrator as specified in paragraph (k) of this
section. If you are measuring destruction or removal efficiency
according to EPA 430-R-10-003, you may follow the alternative
procedures specified in Appendix A to this subpart.
    (ii) You must select and properly measure the destruction or
removal efficiency for a random sample of abatement systems to include
in a random sampling abatement system testing program in accordance
with procedures in paragraphs (f)(4)(ii)(A) and (B) of this section.
    (A) For the first 2 years for which your fab is required to report
emissions of fluorinated GHG and N2O, for each abatement
system gas and process sub-type or process type combination, as
applicable, a random sample of 10 percent of installed abatement
systems must be tested annually for a total of 20 percent, or 20
percent may be tested in the first year. For every 3-year period
following the initial 2-year period, a random sample of 15 percent of
installed abatement systems must be tested for each gas and process
sub-type or process type combination; you may test 15-percent in the
first year of the 3-year period, but you must test at least 5 percent
each year until 15 percent are tested. If the required percent of the
total number of abatement systems to be tested for each gas and process
sub-type or process type combination does not equate to a whole number,
the number of systems to be tested must be determined by rounding up to
the nearest integer.
    (B) If testing of a randomly selected abatement system would be
disruptive to production, you may replace that system with another
randomly selected system for testing and return the system to the
sampling pool for subsequent testing. Any one abatement system must not
be replaced by another randomly selected system for more than three
consecutive selections. When you have to replace a system in one year,
you may select that specific system to be tested in one of the next two
sampling years so that you may plan testing of that abatement system to
avoid disrupting production.
    (iii) You must use default destruction or removal efficiencies for
a gas and process type combination, until you complete testing on 20
percent of the abatement systems for that gas and process sub-type or
process type combination, as applicable. Following testing on 20
percent of abatement systems for that gas and process sub-type or
process type combination, you must calculate the average destruction or
removal efficiency as the arithmetic mean of all test results for that
gas and process sub-type or process type combination, until you have
tested at least 30 percent of all abatement systems for each gas and
process sub-type or process type combination. After testing at least 30
percent of all systems for a gas and process sub-type or process type
combination, you must use the arithmetic mean of the most recent 30
percent of systems tested as the average destruction or removal
efficiency.
    (iv) If a measured destruction or removal efficiency is below the
manufacturer-claimed fluorinated GHG or N2O destruction or
removal efficiency and the abatement system is installed, operated, and
maintained in accordance with the manufacturers' specifications, the
measured destruction or removal efficiency must be included in the
calculation of the destruction or removal efficiency value for that gas
and process sub-type or process type, as applicable.
    (v) If a measured destruction or removal efficiency is below the
manufacturer-claimed fluorinated GHG or N2O destruction or
removal efficiency and the abatement system is not installed, operated,
or maintained in accordance with the manufacturers' specifications, you
must implement corrective action and perform a retest to replace the
measured value within the reporting year. In lieu of retesting within
the reporting year, you may use the measured value in calculating the
average destruction or removal efficiency for the reporting year, and
then include the same system in the next year's abatement system
testing in addition to the testing of randomly selected systems for
that next reporting year.
    (vi) If your fab uses redundant abatement systems, you may account
for the total abatement system uptime calculated for a specific exhaust
stream during the reporting year.
    (g) * * *
    (3) Follow the QA/QC procedures in accordance with those in EPA
430-R-10-003 (incorporated by reference, see Sec.  98.7), or the
applicable QA/QC procedures specified in an alternative method approved
by the Administrator according to paragraph (k) of this section, when
calculating abatement systems destruction or removal efficiencies. If
you are measuring destruction or removal efficiency according to EPA
430-R-10-003, and you elect to follow the alternative procedures
specified in Appendix A to this subpart according to paragraph
(f)(4)(i) of this section, you must follow any additional QA/QC
procedures specified in Appendix A to this subpart.
    (4) Demonstrate that, as part of normal operations for each fab,
the inventory of gas stored in containers at the beginning of the
reporting year is the same as the inventory of gas stored in containers
at the end of the previous reporting year.
    (h) You must adhere to the QA/QC procedures of this paragraph (h)
when calculating annual gas consumption for each fluorinated GHG and
N2O used at each fab and emissions from the use of each
fluorinated heat transfer fluid on a fab basis.
* * * * *
    (3) Ensure that the inventory at the beginning of one reporting
year is identical to the inventory reported at the end of the previous
reporting year.
* * * * *
    (i) 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 must meet the calibration and
accuracy requirements specified in Sec.  98.3(i).
    (j) Stack test methodology. For each fab for which you calculate
annual emissions for any fluorinated GHG emitted from your facility
using the stack test method according to the procedure specified in
Sec.  98.93(i)(3), you must adhere to the requirements in paragraphs
(j)(1) through (8) of this section. You may request approval to use an
alternative stack test method and procedure according to paragraph (k)
of this section.
    (1) Stack system testing. Conduct an emissions test for each
applicable stack system according to the procedures in paragraphs
(j)(1)(i) through (iv) of this section.
    (i) You must conduct an emission test during which the fab is
operating at a representative operating level, as defined in Sec.
98.98, and with the abatement systems connected to the stack system
being tested operating with at least 90 percent uptime during the 8-
hour (or longer) period for each stack system, or at no less than 90
percent of the abatement system uptime rate

measured over the previous reporting year.
    (ii) You must measure for tetrafluoromethane (CF4),
hexafluoroethane (C2F6) and any other fluorinated
GHG expected to be emitted from the stack system and those fluorinated
GHGs used as input fluorinated GHG in process tools vented to the stack
system, except for any intermittent low-use fluorinated GHG as defined
in Sec.  98.98. You must calculate annual emissions of intermittent
low-use fluorinated GHGs by adhering to the procedures in Sec.
98.93(i)(4).
    (iii) You must determine the fluorinated GHGs expected to be
emitted from the stack system based on a documented facility analysis
of all fluorinated GHGs consumed and emitted in the previous reporting
year, and all fluorinated GHGs expected to be consumed and emitted in
the current reporting year by process tools vented to the stack system.
You must also include in that analysis any possible fluorinated GHG by-
products formed from fluorinated GHGs consumed in the previous
reporting year and expected to be consumed in the current reporting
year by process tools connected to the stack system. In developing your
facility analysis, you must also consider all fluorinated GHG by-
products listed in Tables I-3 through I-7 of this subpart, as
applicable, to the products manufactured at your facility. If a
fluorinated GHG being consumed in the reporting year was not being
consumed during the stack testing and does not meet the definition of
intermittent low-use fluorinated GHG in Sec.  98.98, then you must test
the stack systems associated with the use of that fluorinated GHG at a
time when that gas is in use at a magnitude that would allow you to
determine an emission factor for that gas. If a fluorinated GHG
consumed in the reporting year was not being consumed during the stack
testing and is no longer in use by your fab (e.g., use of the gas has
become obsolete or has been discontinued), then you must calculate
annual emissions for that fluorinated GHG according to the procedure
specified in Sec.  98.93(i)(4).
    (iv) Although all applicable stack systems are not required to be
tested simultaneously, you must certify that no changes in stack flow
configuration (including, for example, the number and type of tools
vented to each stack system) occur between tests conducted for any
particular fab in a reporting year.
    (2) Test methods and procedures. You must adhere to the applicable
test methods and procedures specified in Table I-9 to this subpart, or
adhere to an alternative method approved by the Administrator according
to paragraph (k) of this section. The field detection limits achieved
under your test methods and procedures must fall at or below the
maximum field detection limits specified in Table I-10 to this subpart.
    (3) Fab-specific fluorinated GHG consumption measurements. You must
determine the amount of each fluorinated GHG consumed by each fab
during the sampling period for all process tools connected to the stack
systems tested under Sec.  98.93(i)(3), according to the procedures in
paragraphs (j)(3)(i) and (ii) of this section. This determination must
include apportioning gas consumption between stack systems that are
being tested and those that not tested under Sec.  98.93(i)(2).
    (i) Measure fluorinated GHG consumption using gas flow meters,
scales, or pressure measurements. Measure the mass or pressure, as
applicable, at the beginning and end of the sampling period and when
containers are changed out. If you elect to measure gas consumption
using pressure (i.e., because the gas is stored in a location above its
critical temperature) you must estimate consumption as specified in
paragraphs (j)(i)(A) and (B) of this section.
    (A) For each fluorinated GHG, you must either measure the
temperature of the fluorinated GHG container(s) when the sampling
periods begin and end and when containers are changed out, or measure
the temperature of the fluorinated GHG container(s) every hour for the
duration of the sampling period. Temperature measurements of the
immediate vicinity of the containers (e.g., in the same room, near the
containers) shall be considered temperature measurements of the
containers.
    (B) Convert the sampling period-beginning, sampling period-ending,
and container change-out pressures to masses using Equation I-25 of
this subpart, with the appropriate Z value selected based upon the
properties of the gas (e.g., the Z value yielded by the Redlich, Kwong,
Soave equation of state with appropriate values for that gas). Apply
the temperatures measured at or nearest to the beginning and end of the
sampling period and to the time(s) when containers are changed out, as
applicable. For each gas, the consumption during the sampling period is
the difference between the masses of the containers of that gas at the
beginning and at the end of the sampling period, summed across
containers, including containers that are changed out.
    (ii) For each fluorinated GHG gas for which consumption is too low
to be accurately measured during the sampling period using gas flow
meters, scales, or pressure measurements as specified in paragraph
(j)(3)(i) of this section, you must follow at least one of the
procedures listed in paragraph (j)(3)(ii)(A) through (C) of this
section to obtain a consumption measurement.
    (A) Draw the gas from a single gas container if it is normally
supplied from multiple containers connected by a shared manifold.
    (B) Calculate consumption from pro-rated long-term consumption data
(for example, calculate and use hourly consumption rates from monthly
consumption data).
    (C) Increase the duration of the sampling period for consumption
measurement beyond the minimum duration specified in Table I-9 of this
subpart.
    (4) Emission test results. The results of an emission test must
include the analysis of samples, number of test runs, the average
emission factor for each fluorinated GHG measured, the analytical
method used, calculation of emissions, the fluorinated GHGs consumed
during the sampling period, an identification of the stack systems
tested, and the fluorinated GHGs that were included in the test. The
emissions test report must contain all information and data used to
derive the fab-specific emission factor.
    (5) Emissions testing frequency. You must conduct emissions testing
to develop fab-specific emission factors on a frequency according to
the procedures in paragraph (j)(5)(i) or (ii) of this section.
    (i) Annual testing. You must conduct an annual emissions test for
each stack system for which emissions testing is required under Sec.
98.93(i)(3), unless you meet the criteria in paragraph (j)(5)(ii) of
this section to skip annual testing. Each set of emissions testing for
a stack system must be separated by a period of at least 2 months.
    (ii) Criteria to test less frequently. After the first 3 years of
annual testing, you may calculate the relative standard deviation of
the emission factors for each fluorinated GHG included in the test and
use that analysis to determine the frequency of any future testing. As
an alternative, you may conduct all three tests in less than 3 calendar
years for purposes of this paragraph (j)(5)(ii), but this does not
relieve you of the obligation to conduct subsequent annual testing if
you do not meet the criteria to test less frequently. If the criteria
specified in paragraphs (j)(5)(ii)(A) and (B) of this section are met,
you may use

the arithmetic average of the three emission factors for each
fluorinated GHG and fluorinated GHG by-product for the current year and
the next 4 years with no further testing unless your fab operations are
changed in way that triggers the re-test criteria in paragraph (j)(8)
of this section. In the fifth year following the last stack test
included in the previous average, you must test each of the stack
systems for which testing is required and repeat the relative standard
deviation analysis using the results of the most recent three tests. If
the criteria specified in paragraphs (j)(5)(ii)(A) and (B) of this
section are not met, you must use the emission factors developed from
the most recent testing and continue annual testing. You may conduct
more than one test in the same year, but each set of emissions testing
for a stack system must be separated by a period of at least 2 months.
You may repeat the relative standard deviation analysis using the most
recent three tests to determine if you are exempt from testing for the
next 4 years.
    (A) The relative standard deviation of the total CO2e
emission factors calculated from each of the three tests (expressed as
the total CO2e fluorinated GHG emissions of the fab divided
by the total CO2e fluorinated GHG use of the fab) is less
than or equal to 15 percent.
    (B) The relative standard deviation for all single fluorinated GHGs
that individually accounted for 5 percent or more of CO2e
emissions were less than 20 percent.
    (C) For those fluorinated GHG that do not have GWP values listed in
Table A-1 to subpart A of this part, you must use a GWP value of 2,000
in calculating CO2e in paragraphs (j)(5)(ii)(A) and (B) of
this section.
    (6) Subsequent measurements. You must make an annual determination
of each stack system's exemption status under Sec.  98.93(i)(2) by
March 31 each year. If a stack system that was previously not required
to be tested per Sec.  98.93(i)(2), no longer meets the criteria in
Sec.  98.93(i)(2), you must conduct the emissions testing for the stack
system during the current reporting and develop the fab-specific
emission factor from the emissions testing.
    (7) Previous measurements. You may include the results of emissions
testing conducted after [DATE 3 YEARS BEFORE DATE OF PUBLICATION OF
FINAL RULE] for use in the relative standard deviation calculation in
paragraph (j)(5)(ii) of this section if the previous results were
determined using a method meeting the requirements in paragraph (j)(2)
of this section.
    (8) Scenarios that require a stack system to be re-tested. By March
31 of each reporting year, you must evaluate and determine whether any
changes to your fab operations meet the criteria specified in
paragraphs (j)(8)(i) through (vi) of this section. If any of the
scenarios specified in paragraph (j)(8)(i) through (vi) of this section
occur, you must perform a re-test of any applicable stack system,
irrespective of whether you have met the criteria for less frequent
testing in paragraph (j)(5)(ii) of this section, before the end of the
year in which the evaluation was completed. You must adhere to the
methods and procedures specified in Sec.  98.93(i)(3) for performing a
stack system emissions test and calculating emissions. If you meet the
criteria for less frequent testing in paragraph (j)(5)(ii) of this
section, and you are required to perform a re-test as specified in
paragraph (j)(8)(i) through (vi) of this section, the requirement to
perform a re-test does not extend the date of the next scheduled test
that was established prior to meeting the requirement to perform a re-
test. If the criteria specified in paragraph (j)(5)(ii) of this section
are not met using the results from the re-test and the two most recent
stack tests, you must use the emission factors developed from the most
recent testing to calculate emissions and resume annual testing. You
may resume testing less frequently according to your original schedule
if the criteria specified in paragraph (j)(5)(ii) of this section are
met using the most recent three tests.
    (i) Annual consumption of a fluorinated GHG used during the most
recent emissions test (expressed in CO2e) changes by more
than 10 percent of the total annual fluorinated GHG consumption,
relative to gas consumption in CO2e for that gas during the
year of the most recent emissions test (for example, if the use of a
single gas goes from 25 percent of CO2e to greater than 35
percent of CO2e, this change would trigger a re-test). For
those fluorinated GHG that do not have GWP values listed in Table A-1
to subpart A of this part, you must use a GWP value of 2,000 in
calculating CO2e.
    (ii) A change in the consumption of an intermittent low-use
fluorinated GHG (as defined in Sec.  98.98) that was not used during
the emissions test and not reflected in the fab-specific emission
factor, such that it no longer meets the definition of an intermittent
low-use fluorinated GHG.
    (iii) A decrease by more than 10 percent in the fraction of tools
with abatement systems, compared to the number during the most recent
emissions test.
    (iv) A change in the wafer size manufactured by the fab since the
most recent emissions test.
    (v) A stack system that formerly met the criteria specified under
Sec.  98.93(i)(2) for not being subject to testing no longer meets
those criteria.
    (vi) A gas is used or emitted that meets the criteria in paragraph
(j)(1)(iii) of this section.
    (k) You may request approval to use an alternative stack test
method and procedure or to use an alternative method to determine
abatement system destruction or removal efficiency by adhering to the
requirements in paragraphs (k)(1) through (k)(6) of this section. An
alternative method is any method of sampling and analyzing for a
fluorinated GHG or N2O, or the determination of parameters
other than concentration, for example, flow measurements, that is not a
method specified in this subpart and that has been demonstrated to the
Administrator's satisfaction, using Method 301 in appendix A of part
63, to produce results adequate for the Administrator's determination
that it may be used in place of a method specified elsewhere in this
subpart.
    (1) You may use an alternative method from that specified in this
subpart provided that you:
    (i) Notify the Administrator of your intention to use an
alternative method. You must include in the notification a site-
specific test plan describing the alternative method and procedures
(the alternative test plan), the range of test conditions over which
the validation is intended to be applicable, and an alternative means
of calculating the fab-level fluorinated GHG or N2O
emissions or determining the abatement system destruction or removal
efficiency if the Administrator denies the use of the results of the
alternative method under paragraph (k)(2) or (3) of this section.
    (ii) Use Method 301 in appendix A of part 63 of this chapter to
validate the alternative method. This may include the use of only
portions of specific procedures of Method 301 if use of such procedures
are sufficient to validate the alternative method; and
    (iii) Submit the results of the Method 301 validation process along
with the notification of intention and the rationale for not using the
specified method.
    (2) The Administrator will determine whether the validation of the
proposed alternative method is adequate and issue an approval or
disapproval of the alternative test plan within 120 days of the date on
which you submit the notification and alternative test plan specified
in paragraph (k)(1) of this

section. If the Administrator approves the alternative test plan, you
are authorized to use the alternative method(s) in place of the methods
described in paragraph (f)(4)(i) of this section for measuring
destruction or removal efficiency or paragraph (j) of this section for
conducting the stack test, as applicable, taking into account the
Administrator's comments on the alternative test plan. Notwithstanding
the requirement in the preceding sentence, you may at any time prior to
the Administrator's approval or disapproval proceed to conduct the
stack test using the methods specified in paragraph (j) of this section
or the destruction or removal efficiency determination specified in
(f)(4)(i) of this section if you use a method specified in this subpart
instead of the requested alternative.
    (3) You must report the results of stack testing or destruction or
removal efficiency determination using the alternative method and
procedure specified in the approved alternative test plan. You must
include in your report for an alternative stack test method and for an
alternative abatement system destruction or removal efficiency
determination the information specified in paragraph (j)(4) of this
section, including all methods, calculations and data used to determine
the fluorinated GHG emission factor or the abatement system destruction
or removal efficiency. The Administrator will review the results of the
test using the alternative methods and procedure and then approve or
deny the use of the results of the alternative test method and
procedure no later than 120 days after they are submitted to EPA.
    (4) If the Administrator finds reasonable grounds to dispute the
results obtained by an alternative method for the purposes of
determining fluorinated GHG emissions or destruction or removal
efficiency of an abatement system, the Administrator may require the
use of another method specified in this subpart.
    (5) Once the Administrator has approved the use of the alternative
method for the purposes of determining fluorinated GHG emissions for
specific fluorinated GHGs and types of stack systems or abatement
system destruction or removal efficiency, that method may be used at
any other facility for the same fluorinated GHGs and types of stack
systems, or fluorinated GHGs and abatement systems, if the approved
conditions apply to that facility. In granting approval, the
Administrator may limit the range of test conditions and emission
characteristics for which that approval is granted and under which the
alternative method may be used without seeking approval under
paragraphs (k)(1) through (4) of this section. The Administrator will
specify those limitations, if any, in the approval of the alternative
method.
    (6) Neither the validation and approval process nor the failure to
validate or obtain approval of an alternative method shall abrogate
your responsibility to comply with the requirements of this subpart.
    8. Section 98.96 is amended by:
    a. Revising paragraph (c) introductory text and paragraphs (c)(1),
(c)(2), and (c)(3).
    b. Adding paragraph (c)(5).
    c. Removing and reserving paragraphs (f), (g), (h), (i), (j), (k),
and (l).
    d. Revising paragraph (m) introductory text, redesignating
paragraphs (m)(i) through (m)(iv) as paragraphs (m)(1) through (m)(4),
and revising new paragraphs (m)(1), (m)(3) and (m)(4).
    e. Adding paragraph (m)(5).
    f. Removing and reserving paragraphs (n) and (o).
    g. Revising paragraph (p).
    h. Revising paragraphs (q), (r), and (s).
    i. Removing and reserving paragraphs (t) and (v).
    j. Adding paragraphs (w), (x) and (y).
    The additions and revisions read as follows:

Sec.  98.96  Data reporting requirements.

* * * * *
    (c) Annual emissions, on a fab basis as described in paragraph
(c)(1) through (5) of this section.
    (1) When you use the procedures specified in Sec.  98.93(a) of this
subpart, each fluorinated GHG emitted from each process type for which
your fab is required to calculate emissions as calculated in Equations
I-6 and I-7 of this subpart.
    (2) Each fluorinated GHG emitted from each process type or process
sub-type as calculated in Equations I-8 and I-9 of this subpart, as
applicable.
    (3) N2O emitted from all chemical vapor deposition
processes and N2O emitted from the aggregate of other
N2O-using manufacturing processes as calculated in Equation
I-10 of this subpart.
* * * * *
    (5) When you use the procedures specified in Sec.  98.93(i) of this
subpart, annual emissions of each fluorinated GHG, on a fab basis.
* * * * *
    (m) For the fab-specific apportioning model used to apportion
fluorinated GHG and N2O consumption under Sec.  98.94(c),
the following information to determine it is verified in accordance
with procedures in Sec.  98.94(c)(1) and (2):
    (1) Identification of the quantifiable metric used in your fab-
specific engineering model to apportion gas consumption for each fab.
* * * * *
    (3) Certification that the gas(es) you selected under Sec.
98.94(c)(2)(ii) for each fab corresponds to the largest quantity(ies)
consumed on a mass basis, of fluorinated GHG used at your fab during
the reporting year for which you are required to apportion.
    (4) The result of the calculation comparing the actual and modeled
gas consumption under Sec.  98.94(c)(2)(iii) and (iv), as applicable.
    (5) If you are required to apportion fluorinated GHG consumption
between fabs as required by Sec.  98.94(c)(2)(v), certification that
the gas(es) you selected under Sec.  98.94(c)(2)(ii) corresponds to the
largest quantity(ies) consumed on a mass basis, of fluorinated GHG used
at your facility during the reporting year for which you are required
to apportion.
* * * * *
    (p) Inventory and description of all abatement systems through
which fluorinated GHGs or N2O flow at your facility and for
which you are claiming destruction or removal efficiency, including:
    (1) The number of abatement systems controlling emissions for each
process sub-type, or process type, as applicable, for each gas used in
the process sub-type or process type.
    (2) The basis of the destruction or removal efficiency being used
(default or site specific measurement according to Sec.
98.94(f)(4)(i)) for each process sub-type or process type and for each
gas.
    (q) For all abatement systems through which fluorinated GHGs or
N2O flow at your facility, for which you are reporting
controlled emissions, a certification that all abatement systems at the
facility have been installed, maintained, and operated in accordance
with the manufacturer's specifications and according to the site
maintenance plan for abatement systems that is developed and maintained
in your records as specified in Sec.  98.97(d).
    (r) You must report an effective facility-wide destruction or
removal efficiency value calculated using Equation I-26, I-27, and I-28
of this subpart, as appropriate. For those fluorinated GHG for which
Table A-1 to subpart A of this part does not define a GWP value, you
must use a value of 2,000 for the GWP in calculating metric ton
CO2e for that fluorinated GHG.

[GRAPHIC] [TIFF OMITTED] TP16OC12.084

Where:

DREFAC = Facility-wide effective destruction or removal
efficiency value, expressed as a decimal fraction.
FGHGi = Total emissions of each fluorinated GHG i emitted
from electronics manufacturing processes in the facility, calculated
according to the procedures in Sec.  98.93.
N2Oj = Emissions of N2O from each
N2O-emitting electronics manufacturing process j in the
facility, expressed in metric ton CO2 equivalents,
calculated according to the procedures in Sec.  98.93.
UAFGHG = Total unabated emissions of fluorinated GHG emitted from
electronics manufacturing processes in the facility, expressed in
metric ton CO2 equivalents as calculated in Equation I-27
of this subpart.
SFGHG = Total unabated emissions of fluorinated GHG emitted from
electronics manufacturing processes in the facility, expressed in
metric ton CO2 equivalents, as calculated in Equation I-
28 of this subpart.
CN2O,j = Consumption of N2O in each
N2O emitting process j, expressed in metric ton
CO2 equivalents.
1-UN2O,j = N2O emission factor for each
N2O emitting process j from Table I-8 of this subpart.
GWPi = GWP of emitted fluorinated GHG i from Table A-1 of
this part. For those fluorinated GHGs for which Table A-1 to subpart
A of this part does not define a GWP value, use a GWP value of
2,000.
GWPN2O = GWP of N2O from Table A-1 of this
part.
i = Fluorinated GHG.
j = Process Type.

    (1) Use Equation I-27 of this subpart to calculate total unabated
emissions, in metric tons CO2e, of all fluorinated GHG
emitted from electronics manufacturing processes whose emissions of
fluorinated GHG you calculated according to the default utilization and
by-product formation rate procedures in Sec.  98.93(a) or Sec.
98.93(i)(4). For each fluorinated GHG i in process j, use the same
consumption (Cij), emission factors (1-Uij), and
by-product formation rates (Bijk) to calculate unabated
emissions as you used to calculate emissions in Sec.  98.93(a) or Sec.
98.93(i)(4). For those fluorinated GHGs for which Table A-1 to subpart
A of this part does not define a GWP value, use a GWP value of 2,000.
[GRAPHIC] [TIFF OMITTED] TP16OC12.085

Where:

UAFGHG = Total unabated emissions of fluorinated GHG i emitted from
electronics manufacturing processes in the facility, expressed in
metric ton CO2e for which you calculated total emission
according to the procedures in Sec.  98.93(a) or Sec.  98.93(i)(4).
Cij = Total consumption of fluorinated GHG i, apportioned
to process j, expressed in metric ton CO2e for which you
used to calculate total emissions according to the procedures in
Sec.  98.93(a) or Sec.  98.93(i)(4).
Uij = Process utilization rate for fluorinated GHG i,
process type j, for which you used to calculate total emissions
according to the procedures in Sec.  98.93(a) or Sec.  98.93(i)(4).
GWPi = GWP of emitted fluorinated GHG i from Table A-1 of
this part. For those fluorinated GHGs for which Table A-1 to subpart
A of this part does not define a GWP value, use a GWP value of
2,000.
GWPk = GWP of emitted fluorinated GHG by-product k, from
Table A-1 of this part. For those fluorinated GHGs for which Table
A-1 to subpart A of this part does not define a GWP value, use a GWP
value of 2,000.
Bijk = By-product formation rate of fluorinated GHG k
created as a by-product per amount of fluorinated GHG input gas i
(kg) consumed by process type j (kg).
i = Fluorinated GHG.
j = Process Type.
k = Fluorinated GHG by-product.

    (2) Use Equation I-28 to calculate total unabated emissions, in
metric ton CO2e, of all fluorinated GHG emitted from
electronics manufacturing processes whose emissions of fluorinated GHG
you calculated according to the stack testing procedures in Sec.
98.93(i)(3). For each set of processes, use the same input gas
consumption (Cif), input gas emission factors
(EFif), by-product gas emission factors (EFkf),
fractions of tools abated (aif and af), and
destruction efficiencies (dkf and dkf) to
calculate unabated emissions as you used to calculate emissions. For
those fluorinated GHGs for which Table A-1 to subpart A of this part
does not define a GWP value, use a GWP value of 2,000.
[GRAPHIC] [TIFF OMITTED] TP16OC12.086

Where:

SFGHG = Total unabated emissions of fluorinated GHG i emitted from
electronics manufacturing processes in the facility, expressed in
metric ton CO2e for which you calculated total emission
according to the procedures in Sec.  98.93(i)(3).
EFif = Emission factor for fluorinated GHG input gas i,
emitted from fab f, as calculated in Equation I-19 of this subpart
(kg emitted/kg input gas consumed).
aif = Fraction of fluorinated GHG input gas i used in fab
f in tools with abatement systems (expressed as a decimal fraction).
dif = Fraction of fluorinated GHG i destroyed or removed
in abatement systems connected to process tools in fab f, for which
you used to calculate total emissions according to the procedures in
Sec.  98.93(i)(3) (expressed as a decimal fraction).
Cif = Total consumption of fluorinated GHG input gas i,
of tools vented to stack systems that are tested, for fab f, for the
reporting year, expressed in metric ton CO2e for which
you used to calculate total emissions according to the procedures in
Sec.  98.93(i)(3) (expressed as a decimal fraction).
EFkf = Emission factor for fluorinated GHG by-product gas
k, emitted from fab f, as

calculated in Equation I-20 of this subpart (kg emitted/kg of all
input gas consumed in tools vented to stack systems that are
tested).
af = Fraction of all input gas used in fab f in tools
with abatement systems (expressed as a decimal fraction).
dkf = Fraction of fluorinated GHG by-product k destroyed
or removed in abatement systems connected to process tools in fab f,
for which you used to calculate total emissions according to the
procedures in Sec.  98.93(i)(3) (expressed as a decimal fraction).
Uij = Process utilization rate for fluorinated GHG i,
process type j, for which you used to calculate total emissions
according to the procedures in Sec.  98.93(a) or Sec.  98.93(i)(4).
GWPi = GWP of emitted fluorinated GHG i from Table A-1 of
this part. For those fluorinated GHGs for which Table A-1 of subpart
A to this part does not define a GWP value, use a GWP value of
2,000.
GWPk = GWP of emitted fluorinated GHG by-product k, from
Table A-1 of this part. For those fluorinated GHGs for which Table
A-1 to subpart A of this part does not define a GWP value, use a GWP
value of 2,000.
i = Fluorinated GHG.
j = Process Type.
k = Fluorinated GHG by-product.

    (s) Where missing data procedures were used to estimate inputs into
the fluorinated heat transfer fluid mass balance equation under Sec.
98.95(b), the number of times missing data procedures were followed in
the reporting year and the method used to estimate the missing data.
* * * * *
    (w) If you elect to calculate fab-level emissions of fluorinated
GHG using the stack test method specified in Sec.  98.93(i), you must
report the following in paragraphs (w)(1) and (2) for each stack
system, in addition to the relevant data in paragraphs (a) through (v)
of this section:
    (1) The date of any stack testing conducted during the reporting
year, and the identity of the stack system tested.
    (2) An inventory of all stack systems from which process
fluorinated GHG are emitted. For each stack system, indicate whether
the stack system is among those for which stack testing was performed
as per Sec.  98.93(i)(3) or not performed as per Sec.  98.93(i)(2).
    (x) If the emissions you report under paragraph (c) of this section
include emissions from research and development activities, as defined
in Sec.  98.6, report the approximate percentage of total GHG
emissions, on a metric ton CO2e basis, that are attributable
to research and development activities, using the following ranges:
less than 5 percent, 5 percent to less than 10 percent, 10 percent to
less than 25 percent, 25 percent to less than 50 percent, 50 percent
and higher. For those fluorinated GHG that do not have GWP values
listed in Table A-1 of subpart A of this part, you must use a GWP value
of 2,000 in calculating CO2e.
    (y) If your semiconductor manufacturing facility emits more than
40,000 metric ton CO2e of GHG emissions, based on your most
recently submitted annual report (beginning with the 2015 reporting
year) as required in paragraph (c) of this section, from the
electronics manufacturing processes subject to reporting under this
subpart, you must prepare and submit a triennial (every 3 years)
technology assessment report to the Administrator that meets the
requirements specified in paragraphs (y)(1) through (6) of this
section. Any other semiconductor manufacturing facility may voluntarily
submit this report to the Administrator.
    (1) The first report must be submitted with the annual GHG
emissions report that is due no later than March 31, 2017, and
subsequent reports must be delivered every 3 years no later than March
31 of the year in which it is due.
    (2) The report must include the information described in paragraphs
(y)(2)(i) through (v) of this section.
    (i) It must describe how the gases and technologies used in
semiconductor manufacturing using 200 mm and 300 mm wafers in the
United States have changed in the past 3 years and whether any of the
identified changes are likely to have affected the emissions
characteristics of semiconductor manufacturing processes in such a way
that the default utilization and by-product formation rates or default
destruction or removal efficiency values may need to be updated.
    (ii) It must describe the effect on emissions of the implementation
of new process technologies and/or finer line width processes in 200 mm
and 300 mm technologies, the introduction of new tool platforms, and
the introduction of new processes on previously tested platforms.
    (iii) It must describe the status of implementing 450 mm wafer
technology and the potential need to create or update default emission
factors compared to 300 mm technology.
    (iv) It must provide any default utilization and by-product
formation rates and/or destruction or removal efficiency data that have
been collected in the previous 3 years that support the changes in
semiconductor manufacturing processes described in the report.
    (v) It must describe the use of a new gas, use of an existing gas
in a new process type or sub-type, or a fundamental change in process
technology.
    (3) If, on the basis of the information reported in paragraph
(y)(2) of this section, the report indicates that GHG emissions from
semiconductor manufacturing may have changed from those represented by
the default utilization and by-product formation rates in Tables I-3,
I-4, or I-5, or the default destruction or removal efficiency values in
Table I-16 of this subpart, the report must lay out a data gathering
and analysis plan focused on the areas of potential change. The plan
must describe:
    (i) The testing of tools to determine the potential effect on
current default utilization and by-product formation rates and
destruction or removal efficiency values under the new conditions, and
    (ii) A planned analysis of the effect on overall facility emissions
using a representative gas-use profile for a 200 mm, 300 mm, or 450 mm
fab (depending on which technology is under consideration).
    (4) Multiple semiconductor manufacturing facilities may submit a
single consolidated 3-year report as long as the facility identifying
information in Sec.  98.3(c)(1) and the certification statement in
Sec.  98.3(c)(9) is provided for each facility for which the
consolidated report is submitted.
    (5) The Administrator will review the report received and determine
whether it is necessary to update the default utilization rates and by-
product formation rates in Tables I-3 through I-7 and I-11 through I-15
of this subpart and default destruction or removal efficiency values
based on the following:
    (i) Whether the revised default utilization and by-product
formation rates and destruction or removal efficiency values will
result in a projected shift in emissions of 10 percent or greater.
    (ii) Whether new platforms, processes, or facilities that are not