### 1

**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 2 8 , 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
. T he 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 co nfidentiality determinations made for eight of these categories , see the preamble s to the proposed and final rulemaking s: 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 Confi 

### dentiality Determinations for Data Required under the Mandatory Greenhouse Gas Reporting Rule and Amendment to Special Rules Gove rning Certain Information Obtained under the Clean Air Act published on May 26, 2011 (76 FR 30782). C op ies of the proposed and final rule s are available on EPA’s website: http://www.epa.gov/climatechange/emissions/CBI.html , at the following link s : http://www.gpo.gov/fds ys/pkg/FR
- 2010
- 07
- 07/pdf/2010
- 16317.pdf and http://www.gpo.gov/fds ys/pkg/FR
- 2011
- 05
- 26/pdf/2011
- 12930.pdf
.

### 2 

## 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 ‘O perating’ 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
. Inthis 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 element s 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 determination s for th ese reporting element s individually
. The table below identifies the p roposed 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 revis**  **ed data**  **elem ents)**  **Data Elem ent Description**  **New or revised**  **? Data Category Assignm**  **ent (proposed for new data elem**  **ents; no change f**  **or revised**  **data elem**  **ents) 1**  **Categorical or Individual**  **Determ ination**  **(proposed for new data elements;**  **no change for revised**  **data elem**  **ents) 2**  98.96(c)(1) On a fab basis, e ach 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. Revise d 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, 2 012; 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/cl imatechange/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 De terminations for the 2012 Final CBI Rule’’ (see Docket EPA

–HQ

– OAR

–2011

– 00 28 and the Web site, http://www.epa.gov/climatechange/emissions/CBI.html).

### 3

**Rule Citation for Data**  **Reporting Element**  **(proposed for new data elements; no change from**  **previous citation for revis**  **ed data**  **elem ents)**  **Data Elem ent Description**  **New or revised**  **? Data Category Assignm**  **ent (proposed for new data elem**  **ents; no change f**  **or revised**  **data elem**  **ents) 1**  **Categorical or Individual**  **Determ ination**  **(proposed for new data elements;**  **no change for revised**  **data elem**  **ents) 2**  98.96(c)(2) On a fab basis, e ach 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 fab
basis. Emissions E mission data (not CBI)
98.96(c)(3) On a fab basis, N 2 O emitted from all chemical vapor deposition process es and N 2 O emitted from all other N 2 O
- 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 u sed at your fab during the reporting year for which you are required to apportion. Revised t o 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 com paring 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

### 4

**Rule Citation for Data**  **Reporting Element**  **(proposed for new data elements; no change from**  **previous citation for revis**  **ed data**  **elem ents)**  **Data Elem ent Description**  **New or revised**  **? Data Category Assignm**  **ent (proposed for new data elem**  **ents; no change f**  **or revised**  **data elem**  **ents) 1**  **Categorical or Individual**  **Determ ination**  **(proposed for new data elements;**  **no change for revised**  **data elem**  **ents) 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 n ot CBI

98.96(p)(1) The number of abatement systems controlling emissions for each process sub
- ty pe, or process type, as applicable, for each gas used in the process sub
ty pe or process type. Revised to be reported on a gas and process ty pe/subtype basis. Unit/Process 'Static' Characteristics That

are Not I nputs 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 sub
ty pe or process ty

pe 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 abate me nt systems that is developed and maintained in your records
. Revised to add reference to site maintenance plan
. Unit/Process ' Oper ating ' Characteristics

That are Not Inputs to Emission Equations No categorical determination; proposed as not CBI

98.96( r) E ffective facility
- wide destruction or removal efficiency value calculated using Equation s I
- 26 , I
27, and I
- 28. New Unit/Process ' Operating ' Characteristics That are Not Inputs to Emission Equations No categorical determination; proposed as n ot CBI

### 5

**Rule Citation for Data**  **Reporting Element**  **(proposed for new data elements; no change from**  **previous citation for revis**  **ed data**  **elem ents)**  **Data Elem ent Description**  **New or revised**  **? Data Category Assignm**  **ent (proposed for new data elem**  **ents; no change f**  **or revised**  **data elem**  **ents) 1**  **Categorical or Individual**  **Determ ination**  **(proposed for new data elements;**  **no change for revised**  **data elem**  **ents) 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 N ot 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), f

or each stack system, indicate whether the stack is among those for which stack testing was pe rformed 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 2 5 percent, 25 percent to less than 50 percent, 50 percent and higher. New Calculation Methodology & Method, Tier Emission data (not CBI)

### 6

**Rule Citation for Data**  **Reporting Element**  **(proposed for new data elements; no change from**  **previous citation for revis**  **ed data**  **elem ents)**  **Data Elem ent Description**  **New or revised**  **? Data Category Assignm**  **ent (proposed for new data elem**  **ents; no change f**  **or revised**  **data elem**  **ents) 1**  **Categorical or Individual**  **Determ ination**  **(proposed for new data elements;**  **no change for revised**  **data elem**  **ents) 2**  98.96(y) (2)(i) If your semiconductor manufacturing facility emits in 2015 more than 40,000 mtCO 2 e 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 r ates 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 mo re than 40,000 mtCO 2 e 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/Proces s '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 mtCO 2 e of GHG emissions from the electronics manuf acturing processes subject to reporting, a triennial (every 3 years) technology assessment report including a description of the status of implementing 450 mm wa fer technology and the potential need to create or update emission factors compared to 300 mm t echnology. New Unit/Process 'Static' Characteristics That are Not Inputs to Emission Equations No categorical determination; proposed CBI

### 7

**Rule Citation for Data**  **Reporting Element**  **(proposed for new data elements; no change from**  **previous citation for revis**  **ed data**  **elem ents)**  **Data Elem ent Description**  **New or revised**  **? Data Category Assignm**  **ent (proposed for new data elem**  **ents; no change f**  **or revised**  **data elem**  **ents) 1**  **Categorical or Individual**  **Determ ination**  **(proposed for new data elements;**  **no change for revised**  **data elem**  **ents) 2**  98.96(y) (2)(iv) If your semiconductor manufacturing facility emits in 2015 more than 40,000 mtCO 2 e 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 rates or DRE data that have been collected in the previous 3 years that support th e 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 mtCO 2 e 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
- ty pe, 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 G HG 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 inclu des 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