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MEMORANDUM - PROPOSED DATA CATEGORY ASSIGNMENTS FOR SUBPART I

2012 AMENDMENTS

To: Docket EPA-HQ-OAR-2011-0028

From: Alexis McKittrick, EPA/Climate Change 

Date: August 28, 2012

Subject: Proposed data category assignments for data reporting elements in 40 CFR part 98, 

subpart I. 

In this memorandum, we show the proposed data category assignments for data reporting 

elements in Subpart I – Electronics Manufacturing of Part 98 as referenced in the Mandatory 

Reporting of Greenhouse Gases Rule: Proposed Amendments and Confidentiality 

Determinations for Subpart I. The table below shows the proposed assignment of each data 

reporting element into one of 10 data categories (excluding inputs to emission equations). The 

table also shows the proposed confidentiality determination for data elements in the two data 

categories for which a categorical confidentiality determination was not made.

For descriptions of the direct emitter data categories and the categorical confidentiality

determinations made for eight of these categories, see the preambles to the proposed and final 

rulemakings: Proposed Confidentiality Determinations for Data Required Under the Mandatory 

Greenhouse Gas Reporting Rule and Proposed Amendment to Special Rules Governing Certain 

Information Obtained Under the Clean Air Act published on July 7, 2010 (75 FR 39094); and

Confidentiality Determinations for Data Required under the Mandatory Greenhouse Gas 

Reporting Rule and Amendment to Special Rules Governing Certain Information Obtained under 

the Clean Air Act published on May 26, 2011 (76 FR 30782). 

Copies of the proposed and final rules are available on EPA’s website: 

http://www.epa.gov/climatechange/emissions/CBI.html, at the following links: 

http://www.gpo.gov/fdsys/pkg/FR-2010-07-07/pdf/2010-16317.pdf and

http://www.gpo.gov/fdsys/pkg/FR-2011-05-26/pdf/2011-12930.pdf. 
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Appendix A

Proposed Data Category Assignments for Subpart I 2012 Amendments

List of Proposed Data Category Assignments

Note:

In the May 26, 2011, Final CBI rule (76 FR 30782), the EPA issued categorical confidentiality determinations for eight direct emitter categories. Two of the data categories 

(“Unit/Process ‘Static’ Characteristics That are Not Inputs to Emission Equations” and “Unit/Process ‘Operating’ Characteristics That are Not Inputs to Emission Equations”) do 

not have categorical confidentiality determinations, and these CBI determinations are proposed on an element-by-element basis. In this action, the EPA is proposing to assign 13 

new or revised data elements to data categories for which EPA issued categorical confidentiality determinations. The EPA is proposing to assign 12 new or revised data elements

to the “Unit/Process ‘Static’ Characteristics That are Not Inputs to Emission Equations” and “Unit/Process Operating Characteristics That are Not Inputs to Emission Equations” 

data categories and make confidentially determinations for these reporting elements individually. The table below identifies the proposed data categories and the confidentiality

determination for the new or revised data elements in the proposed subpart I amendments.

Rule Citation for Data Reporting Element 

(proposed for new data elements; no change from

previous citation for revised data elements) Data Element Description New or revised?

Data Category Assignment (proposed 

for new data elements; no change for 

revised data elements)1

Categorical or Individual 

Determination

(proposed for new data 

elements; no change for 

revised data elements)2

98.96(c)(1) On a fab basis, 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.

Revised so 

reporting is on a 

fab-basis instead of 

a facility-basis.

Emissions Emission data (not CBI)

 

1 Data category assignments for the existing data elements that are being proposed to be revised were finalized on August 13, 2012; see Final Confidentiality Determinations for Regulations Under the Mandatory 

Reporting of Greenhouse Gases Rule (77 FR 48072, August 13, 2012). The assignments for individual data elements are in the memorandum “Final Data Category Assignments and Confidentiality Determinations 

for the 2012 Final CBI Rule’’ (see Docket EPA–HQ–OAR–2011–0028 and the Web site, http://www.epa.gov/climatechange/emissions/CBI.html).

2 Confidentiality determinations for the existing data elements that are being proposed to be revised were finalized on August 13, 2012; see Final Confidentiality Determinations for Regulations Under the Mandatory 

Reporting of Greenhouse Gases Rule (77 FR 48072, August 13, 2012). The determinations for individual data elements are in the memorandum “Final Data Category Assignments and Confidentiality Determinations 

for the 2012 Final CBI Rule’’ (see Docket EPA–HQ–OAR–2011–0028 and the Web site, http://www.epa.gov/climatechange/emissions/CBI.html).
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Rule Citation for Data Reporting Element 

(proposed for new data elements; no change from

previous citation for revised data elements) Data Element Description New or revised?

Data Category Assignment (proposed 

for new data elements; no change for 

revised data elements)1

Categorical or Individual 

Determination

(proposed for new data 

elements; no change for 

revised data elements)2

98.96(c)(2) On a fab basis, each fluorinated GHG emitted from 

each process type or process sub-type as calculated 

in Equations I–8 and I–9.

Revised to remove 

references to 

“recipe-specific”

and revise to fabbasis.

Emissions Emission data (not CBI)

98.96(c)(3) On a fab basis, N2O emitted from all chemical vapor 

deposition processes and N2O emitted from all other 

N2O-using manufacturing processes as calculated in 

Equation I–10.

Revised so 

reporting is on a 

fab-basis instead of 

a facility-basis.

Emissions Emission data (not CBI)

98.96(c)(5) When you use the procedures specified in §98.93(i) 

of this subpart, annual emissions of each fluorinated 

GHG on a fab basis.

New Emissions Emission data (not CBI)

98.96(m)(1) Identification of the quantifiable metric used in your 

fab-specific engineering model to apportion gas 

consumption for each fab.

Revised to 

apportion gas for 

each fab.

Unit/Process 'Static' Characteristics That 

are Not Inputs to Emission Equations

No categorical determination; no 

determination

98.96(m)(3) Certification that the gas(es) you selected under 

§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.

Revised to a fab 

basis and to remove 

reporting by 

process type.

Test & Calibration Methods Not emission data and not CBI

98.96(m)(4) The result of the calculation comparing the actual 

and modeled gas consumption under 

§98.94(c)(2)(iii) and (iv), as applicable.

Revised to include 

comparison results 

from stack test 

method.

Test & Calibration Methods Not emission data and not CBI

98.96(m)(5) If required to apportion fluorinated GHG 

consumption between fabs as required by 

§98.94(c)(2)(v), certification that the gas(es) you 

selected under §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.

New Test & Calibration Methods Not emission data and not CBI
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Rule Citation for Data Reporting Element 

(proposed for new data elements; no change from

previous citation for revised data elements) Data Element Description New or revised?

Data Category Assignment (proposed 

for new data elements; no change for 

revised data elements)1

Categorical or Individual 

Determination

(proposed for new data 

elements; no change for 

revised data elements)2

98.96(p) Inventory of all abatement systems through which 

fluorinated GHGs or N2O flow at your facility and 

for which you are claiming destruction or removal 

efficiency.

Revised to clarify 

applicability to 

abatement systems 

for which you 

claim destruction or 

removal 

efficiencies.

Unit/Process 'Static' Characteristics That 

are Not Inputs to Emission Equations

No categorical determination; 

proposed as CBI

98.96(p) 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.

Revised to clarify 

applicability to 

abatement systems 

for which you 

claim destruction or 

removal 

efficiencies.

Unit/Process 'Static' Characteristics That 

are Not Inputs to Emission Equations

No categorical determination; 

proposed as not CBI

98.96(p)(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 subtype or process type.

Revised to be 

reported on a gas 

and process 

type/subtype basis.

Unit/Process 'Static' Characteristics That 

are Not Inputs to Emission Equations

No categorical determination; 

proposed as CBI

98.96(p)(2) The basis of the destruction or removal efficiency 

being used (default or site specific measurement 

according to §98.94(f)(4)(i)) for each process subtype or process type and for each gas.

New Unit/Process 'Static' Characteristics That 

are Not Inputs to Emission Equations

No categorical determination; 

proposed as not CBI

98.96(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.

Revised to add 

reference to site 

maintenance plan.

Unit/Process 'Operating' Characteristics 

That are Not Inputs to Emission 

Equations

No categorical determination; 

proposed as not CBI

98.96(r) Effective facility-wide destruction or removal 

efficiency value calculated using Equations I-26, I27, and I-28.

New Unit/Process 'Operating' Characteristics 

That are Not Inputs to Emission 

Equations

No categorical determination; 

proposed as not CBI
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Rule Citation for Data Reporting Element 

(proposed for new data elements; no change from

previous citation for revised data elements) Data Element Description New or revised?

Data Category Assignment (proposed 

for new data elements; no change for 

revised data elements)1

Categorical or Individual 

Determination

(proposed for new data 

elements; no change for 

revised data elements)2

98.96(w)(1) If you elect to calculate fab-level emissions of 

fluorinated GHG using the stack testing procedures 

specified in §98.93(i), the date of any stack testing 

conducted during the reporting year.

New Test & Calibration Methods Not emission data and not CBI

98.96(w)(1) If you elect to calculate fab-level emissions of 

fluorinated GHG using the stack testing procedures 

specified in §98.93(i), the identity of the stack tested.

New Facility and Unit Identifier Information Emission data (not CBI)

98.96(w)(2) If you elect to calculate fab-level emissions of 

fluorinated GHG using the stack testing procedures 

specified in §98.93(i), an inventory of all stacks 

from which process fluorinated GHG are emitted.

New Facility and Unit Identifier Information Emission data (not CBI)

98.96(w)(2) If you elect to calculate fab-level emissions of 

fluorinated GHG using the stack testing procedures 

specified in §98.93(i), for each stack system, 

indicate whether the stack is among those for which 

stack testing was performed as per §98.93(i)(3) or 

not performed as per §98.93(i)(2) (for exempt low 

emitting stacks).

New Calculation Methodology & Method, Tier Emission data (not CBI)

98.96(x) If the emissions reported under paragraphs (c) 

include emissions from research and development 

activities, report the approximate percentage of total 

GHG emissions 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.

New Calculation Methodology & Method, Tier Emission data (not CBI)
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Rule Citation for Data Reporting Element 

(proposed for new data elements; no change from

previous citation for revised data elements) Data Element Description New or revised?

Data Category Assignment (proposed 

for new data elements; no change for 

revised data elements)1

Categorical or Individual 

Determination

(proposed for new data 

elements; no change for 

revised data elements)2

98.96(y)(2)(i) If your semiconductor manufacturing facility emits 

in 2015 more than 40,000 mtCO2e of GHG 

emissions from the electronics manufacturing 

processes subject to reporting, a triennial (every 3 

years) technology assessment report including 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 utilization 

and byproduct formation rates or default DRE values 

may need to be updated.

New Unit/Process 'Static' Characteristics That 

are Not Inputs to Emission Equations

No categorical determination; 

proposed CBI

98.96(y)(2)(ii) If your semiconductor manufacturing facility emits 

in 2015 more than 40,000 mtCO2e of GHG 

emissions from the electronics manufacturing 

processes subject to reporting, a triennial (every 3 

years) technology assessment report including 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.

New Unit/Process 'Static' Characteristics That 

are Not Inputs to Emission Equations

No categorical determination; 

proposed CBI

98.96(y)(2)(iii) If your semiconductor manufacturing facility emits 

in 2015 more than 40,000 mtCO2e of GHG 

emissions from the electronics manufacturing 

processes subject to reporting, a triennial (every 3 

years) technology assessment report including 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.

New Unit/Process 'Static' Characteristics That 

are Not Inputs to Emission Equations

No categorical determination; 

proposed CBI
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Rule Citation for Data Reporting Element 

(proposed for new data elements; no change from

previous citation for revised data elements) Data Element Description New or revised?

Data Category Assignment (proposed 

for new data elements; no change for 

revised data elements)1

Categorical or Individual 

Determination

(proposed for new data 

elements; no change for 

revised data elements)2

98.96(y)(2)(iv) If your semiconductor manufacturing facility emits 

in 2015 more than 40,000 mtCO2e of GHG 

emissions from the electronics manufacturing 

processes subject to reporting, a triennial (every 3 

years) technology assessment report including any 

utilization and by-product formation ratesor DRE 

data that have been collected in the previous 3 years 

that support the changes or continuities in 

semiconductor manufacturing processes described in 

the report.

New Emissions Emission data (not CBI)

98.96(y)(2)(v) If your semiconductor manufacturing facility emits 

in 2015 more than 40,000 mtCO2e of GHG 

emissions from the electronics manufacturing 

processes subject to reporting, a triennial (every 3 

years) technology assessment report including a 

description of 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.

New Unit/Process 'Static' Characteristics That 

are Not Inputs to Emission Equations

No categorical determination; 

proposed CBI

98.96(y)(3) If, on the basis of the information reported in 

paragraph (y)(2), the triennial report indicates that 

GHG emissions from semiconductor manufacturing 

may have changed from those represented by the 

default emission factors in Tables I-3, I-4, or I-5, or 

the default DRE values in Table I-13, the report 

must lay out 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 the 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).

New Unit/Process 'Static' Characteristics That 

are Not Inputs to Emission Equations

No categorical determination; 

proposed CBI