[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Rules and Regulations]
[Pages 10373-10381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3769]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0512; FRL-9633-5]
RIN 2060-AR09


Greenhouse Gas Reporting Program: Electronics Manufacturing: 
Revisions to Heat Transfer Fluid Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is finalizing technical revisions to the electronics 
manufacturing source category of the Greenhouse Gas Reporting Rule 
related to fluorinated heat transfer fluids. More specifically, EPA is 
finalizing amendments to the definition of fluorinated heat transfer 
fluids and to the provisions to estimate and report emissions from 
fluorinated heat transfer fluids. This final rule is narrow in scope 
and does not address any other changes related to the electronics 
manufacturing source category.

DATES: This rule will be effective on March 23, 2012.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2011-0512. All documents in the docket are 
listed in the http://www.regulations.gov index.
    Although listed in the index, some information may not be publicly 
available, e.g., confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and is publicly available in hard copy only. Publicly available docket 
materials are available either electronically through http://www.regulations.gov or in hard copy at the EPA's Docket Center, EPA/DC, 
EPA West Building, Room 3334, 1301 Constitution Ave. NW., Washington, 
DC. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division, 
Office of Atmospheric Programs (MC-6207J), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone 
number: (202) 343-9263; fax number: (202) 343-2342; email address: 
<a href="/cdn-cgi/l/email-protection#8acdc2cdd8effae5f8fee3e4edd8ffe6efcaeffaeba4ede5fc"><span class="__cf_email__" data-cfemail="094e414e5b6c79667b7d60676e5b7c656c496c7968276e667f">[email protected]</span></a>. For technical information and implementation 
materials, please go to the Web site http://www.epa.gov/climatechange/emissions/subpart/i.html. To submit a question, select ``Rule Help 
Center,'' followed by ``Contact Us.''
    Worldwide Web (WWW). In addition to being available in Docket ID 
No. EPA-HQ-OAR-2011-0512, following the Administrator's signature, an 
electronic copy of this final rule will also be available through the 
WWW on the EPA's Greenhouse Gas Reporting Program Web site at http://www.epa.gov/climatechange/emissions/ghgrulemaking.html.

SUPPLEMENTARY INFORMATION:
    Regulated Entities. The Administrator determined that this action 
is subject to the provisions of Clean Air Act (CAA) section 307(d). 
These amended regulations could affect owners or operators of certain 
electronic manufacturing facilities. Regulated categories and entities 
may include those listed in Table 1 of this preamble:

                               Table 1--Examples of Affected Entities by Category
----------------------------------------------------------------------------------------------------------------
                     Source category                            NAICS         Examples of affected facilities
----------------------------------------------------------------------------------------------------------------
Electronics Manufacturing................................          334111  Microcomputers manufacturing
                                                                            facilities.
                                                                   334413  Semiconductor, photovoltaic (solid-
                                                                            state) device manufacturing
                                                                            facilities.
                                                                   334419  Liquid Crystal Display (LCD) unit
                                                                            screens manufacturing facilities.
                                                                   334419  Micro-electro-mechanical systems
                                                                            (MEMS) manufacturing facilities.
----------------------------------------------------------------------------------------------------------------

    Table 1 of this preamble is not intended to be exhaustive, but 
rather provides a guide for readers regarding facilities likely to be 
affected by this action. Table 1 of this preamble lists the types of 
facilities of which the EPA is aware could be potentially affected by 
the reporting requirements. Other types of facilities not listed in the 
table could also be affected. To determine whether you are affected by 
this action, you should carefully examine the applicability criteria 
found in 40 CFR part 98, subpart A and 40 CFR part 98, subpart I. If 
you have questions regarding the applicability of this action to a 
particular facility, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.
    Judicial Review. Under CAA section 307(b)(1), judicial review of 
this final rule is available only by filing a petition for review in 
the U.S. Court of Appeals for the District of Columbia Circuit (the 
Court) by April 23, 2012. Under CAA section 307(d)(7)(B), only an 
objection to this final rule that was raised with reasonable 
specificity during the period for public comment can be raised during

[[Page 10374]]

judicial review. Section 307(d)(7)(B) of the CAA also provides a 
mechanism for the EPA to convene a proceeding for reconsideration, 
``[i]f the person raising an objection can demonstrate to EPA that it 
was impracticable to raise such objection within [the period for public 
comment] or if the grounds for such objection arose after the period 
for public comment (but within the time specified for judicial review) 
and if such objection is of central relevance to the outcome of the 
rule.'' Any person seeking to make such a demonstration to us should 
submit a Petition for Reconsideration to the Office of the 
Administrator, Environmental Protection Agency, Room 3000, Ariel Rios 
Building, 1200 Pennsylvania Ave. NW., Washington, DC 20460, with a copy 
to the person listed in the preceding FOR FURTHER INFORMATION CONTACT 
section, and the Associate General Counsel for the Air and Radiation 
Law Office, Office of General Counsel (Mail Code 2344A), Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20004. 
Note that under CAA section 307(b)(2), the requirements established by 
this final rule may not be challenged separately in any civil or 
criminal proceedings brought by the EPA to enforce these requirements.
    Acronyms and Abbreviations. The following acronyms and 
abbreviations are used in this document.

CAA Clean Air Act
CARB California Air Resources Board
CBI confidential business information
CFR Code of Federal Regulations
CO<INF>2</INF> carbon dioxide
CO<INF>2</INF>e CO<INF>2</INF>-equivalent
EPA U.S. Environmental Protection Agency
FR Federal Register
GHG greenhouse gas
GHGRP Greenhouse Gas Reporting Program
GWP global warming potential
HTF heat transfer fluid
ICR information collection request
mm Hg millimeters of mercury
MSDS Material Safety Data Sheets
mtCO<INF>2</INF>e metric tons CO<INF>2</INF>-equivalent
N<INF>2</INF>O nitrous oxide
NAICS North American Industry Classification System
NF<INF>3</INF> nitrogen trifluoride
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
QA/QC quality assurance/quality control
RFA Regulatory Flexibility Act
SBA Small Business Administration
SBREFA Small Business Regulatory Enforcement and Fairness Act
U.S. United States
UMRA Unfunded Mandates Reform Act of 1995
U.S.C. United States Code

Table Of Contents

I. Background
    A. Organization of This Preamble
    B. Background on the Final Rule
    C. Legal Authority
    D. How Confidential Business Information Determinations and the 
Deferral of Inputs to Emission Equations Are Affected by Today's 
Action
II. Overview of Amendments to the Electronics Manufacturing Source 
Category
    A. Summary of Final Amendments to the Electronics Manufacturing 
Source Category
    B. Summary of Comments and Responses Submitted on the 
Electronics Manufacturing Source Category
III. Economic Impacts of the Rule
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. Background

A. Organization of This Preamble

    This preamble consists of four sections. The first section provides 
a brief history of 40 CFR part 98, subpart I (hereinafter referred to 
as ``subpart I'').
    The second section of this preamble summarizes the revisions made 
to specific requirements for subpart I being incorporated into 40 CFR 
part 98 (hereinafter referred to as ``Part 98'') by this action and the 
EPA's rationale for those changes. The amendments finalized in this 
action reflect the changes to subpart I proposed on September 9, 2011 
(76 FR 56010), with some additional clarifications. This section also 
presents a summary of, and EPA's responses to, the major public 
comments submitted on the proposed rule amendments, and significant 
changes, if any, made since proposal in response to those comments.
    The third section of this preamble provides a discussion regarding 
the economic impacts of this final rule. Finally, the last section 
discusses the various statutory and executive order requirements 
applicable to this rulemaking.

B. Background on the Final Rule

    This action finalizes amendments to provisions in 40 CFR part 98, 
subpart I. The EPA published subpart I: Electronics Manufacturing of 
the Greenhouse Gas Reporting Program (GHGRP) on December 1, 2010 (75 FR 
74774) in the Federal Register. Subpart I of the GHGRP requires 
monitoring and reporting of GHG emissions from electronics 
manufacturing facilities that have yearly emissions equal to or greater 
than 25,000 mtCO<INF>2</INF>e.
    Following the publication of subpart I in the Federal Register, 3M 
Company (3M) sought EPA reconsideration of the final rule requirements 
for reporting fluorinated heat transfer fluids (HTFs). Subsequently, 
EPA published a proposal to amend provisions in subpart I related to 
calculating and reporting fluorinated HTFs to reflect the agency's 
intent to require reporting of all fluorocarbons (except for ozone 
depleting substances regulated under EPA's Stratospheric Protection 
Regulations at 40 CFR part 82) that can enter the atmosphere under the 
conditions in which fluorinated HTFs are used in the electronics 
manufacturing industry.
    The proposal was published on September 9, 2011 (76 FR 56010). The 
public comment period for the proposed rule amendments initially was 
scheduled to end on October 11, 2011. The EPA received a request to 
extend the public comment period and published a notice in the Federal 
Register on October 4, 2011 (76 FR 61293) extending the public comment 
period to October 24, 2011.
    In this action, the EPA is finalizing amendments to provisions in 
subpart I that were proposed in the September 9, 2011 action with some 
additional clarifications. Responses to comments submitted on the 
proposed amendments can be found in Section II of this preamble. Note 
that the agency is not requiring reports filed in September 2012 for 
reporting year 2011 to cover emissions of newly included fluorinated 
HTFs.

C. Legal Authority

    The EPA is promulgating these rule amendments under its existing 
CAA authority, specifically authorities provided in CAA section 114.
    As stated in the preamble to the 2009 final Greenhouse Gas 
Reporting Rule (74 FR 56260, October 30, 2009), CAA section 114 
provides the EPA broad authority to require the information mandated by 
Part 98 because such data would inform and are relevant to the EPA's 
obligation to carry out a wide

[[Page 10375]]

variety of CAA provisions. As discussed in the preamble to the initial 
proposal (74 FR 16448, April 10, 2009), CAA section 114(a)(1) 
authorizes the Administrator to require emissions sources, persons 
subject to the CAA, manufacturers of process or control equipment, and 
persons whom the Administrator believes may have necessary information 
to monitor and report emissions and provide such other information the 
Administrator requests for the purposes of carrying out any provision 
of the CAA. For further information about the EPA's legal authority, 
see the preambles to the proposed and final rule, and related Response 
to Comments Documents.

D. How Confidential Business Information Determinations and the 
Deferral of Inputs to Emission Equations Are Affected by Today's Action

    The EPA finalized several rulemakings in 2011 in response to 
concerns related to the reporting and publication of information that 
may be considered CBI.
    On May 26, 2011, the EPA promulgated confidentiality determinations 
for certain data elements required to be reported under Part 98 and 
finalized amendments to the Special Rules Governing Certain Information 
Obtained Under the Clean Air Act, which authorizes the EPA to release 
or withhold as confidential reported data according to the 
confidentiality determinations for such data without taking further 
procedural steps (76 FR 30782, hereinafter referred to as the ``May 26, 
2011 Final CBI Rule'').
    On August 25, 2011, the EPA published a final rule that deferred 
the reporting deadline for data elements that are used by direct 
emitter reporters, including those under subpart I, as inputs to 
emission equations under the Mandatory Greenhouse Gas Reporting Rule 
(76 FR 53057). In that final rule, the EPA deferred the deadline for 
reporting subpart I inputs to emission equations based on the 2010 
final rules for 40 CFR part 98, subpart I (75 FR 74774, December 1, 
2010). With respect to the subject of today's rule, emissions of 
fluorinated HTFs, the EPA deferred the deadline for reporting inputs to 
the fluorinated HTF mass balance equation (Equation I-16) as required 
in 40 CFR 98.95(r) until March 31, 2015 and those elements have not 
changed as a result of today's final rule.
    The May 26, 2011 Final CBI Rule only addressed reporting of data 
elements in 34 subparts that were determined not to be inputs to 
emission equations and, therefore, were not proposed to have their 
reporting deadline deferred. Furthermore, that rule also did not make 
confidentiality determinations for eight subparts, including subpart I, 
for which reporting requirements were finalized after the publication 
of the CBI proposals (July 7, 2010 CBI proposal at 75 FR 39094 and July 
27, 2010 supplemental proposal at 75 FR 43889).
    Instead, on January 10, 2012 (77 FR 1434), the EPA proposed CBI 
determinations for non-inputs data elements from six of the eight 
subparts not included in the 2010 rulemakings. CBI determinations for 
the non-inputs data elements of the two remaining subparts, subpart I 
and subpart W, are being addressed in separate actions.
    As stated above, the EPA intends to propose and finalize CBI 
determinations for subpart I (both non-inputs and inputs to emissions 
equations) in separate actions. The agency's goal is to finalize CBI 
determinations for the non-inputs before the deadline for reporting 
2011 data (September 28, 2012).
    With respect to the two new subpart I reporting requirements 
finalized today (40 CFR 98.96(u) and (v)) discussed in detail in 
Section II.A of this preamble, these are not inputs to emissions 
equations and EPA is planning to finalize CBI determinations for these 
two data elements in separate actions prior to the deadline for 
reporting these data elements to the EPA. For more information 
generally on the various actions related to treatment of data that may 
be considered CBI, please see the GHGRP Web site dedicated to CBI at 
http://www.epa.gov/climatechange/emissions/CBI.html.

II. Overview of Amendments to the Electronics Manufacturing Source 
Category

A. Summary of Final Amendments to the Electronics Manufacturing Source 
Category

    In this action, the EPA is finalizing amendments to subpart I 
regarding the calculation and reporting of emissions of fluorinated 
HTFs. More specifically, the EPA is finalizing the changes to the 
definition of fluorinated HTFs and to the provisions to estimate and 
report emissions of fluorinated HTFs that were proposed on September 9, 
2011 (76 FR 56010), with the following five refinements.

    <bullet> In the definition of fluorinated HTFs, the EPA is 
specifically excluding select applications of fluorinated chemicals. 
These applications include their uses as lubricants (such as greases 
and oils), and surfactants.
    <bullet> Where a fluorinated chemical is used in both HTF and 
non-HTF applications, the EPA is providing flexibility to allow 
facilities to estimate either that chemical's emissions from all 
applications or its emissions from only the applications included in 
the fluorinated HTF definition.
    <bullet> To accommodate the change in the definition of 
fluorinated HTF, the EPA is amending 40 CFR 98.94(h)(3), which 
requires facilities to ensure that the inventory of fluorinated HTFs 
at the beginning of the reporting year is identical to the inventory 
recorded at the end of the previous reporting year. Specifically, 
EPA is adding an exception to this requirement to allow for 
differences between the beginning and end-of-year inventories that 
are solely attributable to the change in the scope of subpart I. In 
addition, EPA is clarifying that 40 CFR 98.94(h) applies to each 
fluorinated HTF just as it applies to each fluorinated GHG and 
nitrous oxide (N<INF>2</INF>O).
    <bullet> The EPA is adding two new reporting requirements to 
reflect flexibilities being added to the rule that are described 
above.
    a. First, related to the flexibility provision discussed in the 
second bulleted paragraph above, the EPA is requiring facilities to 
report to the EPA whether they estimated and reported fluorinated 
HTF emissions from all applications or only from those covered by 
the definition of fluorinated HTFs (see 40 CFR 98.96(u)).
    b. Second, for reporting year 2012 only, the EPA is requiring 
that facilities report the date on which monitoring of the newly 
included fluorinated HTFs began (see 40 CFR 98.96(v)). As discussed 
in the paragraphs below, for 2012, facilities will have the option 
to begin accounting for the newly included fluorinated HTFs on the 
first day of the year, January 1, 2012, or on the date that the 
final rule becomes effective.

    The EPA is requiring facilities to estimate emissions of newly 
included fluorinated HTFs beginning in 2012 and to file reports that 
cover such emissions beginning in 2013 for the 2012 reporting year. The 
Agency is not requiring reports filed in September 2012 for reporting 
year 2011 to cover emissions of newly included fluorinated HTFs. For 
reporting year 2012 only, the EPA is allowing facilities to determine 
whether they wish to begin to estimate emissions of newly included 
fluorinated HTFs on January 1, 2012 or March 23, 2012. In other words, 
facilities may calculate and report emissions of newly included 
fluorinated HTFs either for the time-period of January 1, 2012 through 
December 31, 2012 or for the time period of March 23, 2012 through 
December 31, 2012. Beginning in 2013, facilities will be required to 
calculate and report emissions from all fluorinated HTFs for the 
entirety of the reporting year (i.e., January 1 through December 31).
    The EPA does not expect that facilities will have any difficulty 
beginning to estimate emissions of newly included fluorinated HTFs on 
either January 1, 2012 or March 23, 2012. In summary, as finalized in 
the

[[Page 10376]]

December 2010 final rule (75 FR 74774), the subpart I provisions for 
estimating and reporting emissions of fluorinated HTFs require a simple 
mass balance methodology where the facility is required to track 
inventories at the beginning and end of the year, acquisitions and 
disbursements of fluorinated HTFs, and the nameplate capacity of only 
newly installed and removed equipment containing fluorinated HTFs.

B. Summary of Comments and Responses Submitted on the Electronics 
Manufacturing Source Category

    The EPA received comments from two entities. In general, one 
commenter supported the EPA's proposed changes to the definition of 
fluorinated HTFs, and the other commenter, while not objecting in 
principle to including high global warming potential (GWP) HTFs in 
subpart I irrespective of their vapor pressure, argued that the 
proposed definition of fluorinated HTFs is overly broad and suggested 
changes to narrow it. The second commenter also had a number of 
comments requesting that the set of fluorinated chemicals and 
applications included in Part 98 be narrowed. As discussed below, EPA 
has concluded that these broader comments are outside the scope of this 
rule. However, it is important to note that the Agency is open to 
considering any of these broader issues, as appropriate, in future 
actions.
    The Agency further notes that many of the chemicals for which 
exemptions were requested are likely excluded from Part 98, because 
they are used in applications that fall outside the definition of 
fluorinated heat transfer fluid or fluorinated GHG. The 1 millimeter 
mercury (mm Hg) vapor pressure at 25 [deg]C limit remains in effect for 
fluorinated chemicals that are used in applications outside of the 
definition of fluorinated heat transfer fluid. Therefore, the EPA 
concluded the change to the definition of heat transfer fluid defined 
in this rule is sufficient to provide the necessary exclusions. All 
comments are summarized and addressed in more detail below.
Definition of Heat Transfer Fluids
    Comment: One commenter supported the proposed changes to subpart I 
that amended the definition of HTFs. The commenter stated that the 
changes will result in more comprehensive reporting of HTFs, including 
those with high GWP.
    Another commenter asserted that the EPA's proposed definition for 
HTFs is overly broad and argued that it includes applications that do 
not involve heat transfer, such as cleaning processes. The commenter 
stated that the proposed language fails to distinguish between de 
minimis sources of emissions within a facility and between production 
and non-production operations. The commenter asserted that tracking 
substances that are not used in ``heat transfer'' applications would be 
extremely burdensome and that given their design and intended use, the 
materials are expected to generate insignificant emissions. The 
commenter argued that eliminating the vapor pressure cutoff and 
finalizing a definition of HTFs that includes applications that do not 
involve ``heat transfer'' would exacerbate these issues. The commenter 
suggested several revisions to the proposed definitions of HTF and 
fluorinated GHG to narrow the scope of those definitions.
    First, the commenter, in response to EPA's request for comment in 
this issue, strongly supported the exclusion of greases, oils, and 
lubricants from the definition of HTFs, and suggested the definition be 
modified to explicitly exclude these applications. The commenter agreed 
with the EPA's statement that these ``applications do not typically 
occur at temperatures at which lubricants would volatilize,'' and 
further argued that for greases, oils, and lubricants to serve their 
primary purpose, it is necessary that they not volatilize. In addition, 
the commenter stated that: (1) These materials are used within systems 
that must be designed to prevent leaks; (2) greases, oils, and 
lubricants are essential for equipment functioning; and (3) the loss of 
a lubricant may result in equipment damage. The commenter concluded 
that these substances are unlikely to be emitted into the atmosphere in 
the semiconductor manufacturing process and argued they are used in 
small quantities.
    This commenter also supported explicitly excluding fluorinated 
surfactants from subpart I HTF consumption and emission reporting 
requirements. The commenter noted that fluorinated surfactants may be 
added to lithography chemical formulations and aqueous polishing 
slurries, among other things. The commenter explained that fluorinated 
surfactants are added in minimal quantities (concentrations are 
typically around a fraction of a percent) and that they are designed to 
remain in solution to be effective. For this reason, the commenter 
argued, the potential for surfactant emissions is very limited. The 
commenter also stated that the identity of surfactants may be highly 
proprietary and in some cases not disclosed on Material Safety Data 
Sheets (MSDS). The commenter provided several MSDS to support their 
suggested explicit exclusions of oils, greases, lubricants, and 
surfactants.
    To address the issues mentioned above, the second commenter 
recommended that the definition of HTFs and fluorinated GHGs be 
modified. Specifically, the commenter suggested that EPA only include 
the concept of substances used ``solely or primarily to transfer heat 
by radiation, conduction, convection or a combination of these 
methods'' in the definition of HTFs. The commenter also suggested that 
the definition of fluorinated GHGs in subpart A explicitly exclude 
greases, oils, lubricants, polymers, and surfactants whose primary 
purpose is not heat transfer. The commenter concluded that these 
changes would clarify the EPA's intent not to encompass other, non-heat 
transfer fluorinated materials.
    Response: The EPA agrees with the first commenter that the revised 
definition of fluorinated HTFs will result in more comprehensive 
reporting of high-GWP HTF emissions, as the EPA originally intended. 
With respect to the comment that the EPA should exclude specific 
applications from the definition, the EPA acknowledges that it may be 
helpful to explicitly exclude some applications from the definition of 
fluorinated HTFs that it did not intend to capture; these applications 
include uses as lubricants (such as greases and oils) and surfactants. 
While the EPA continues to interpret the proposed definition of 
fluorinated HTFs to already exclude these applications (because it did 
not specifically list them), the agency has determined that explicitly 
excluding them may further clarify the definition. The EPA agrees with 
the commenter that these applications typically occur under conditions 
where the substances would not volatize and would not result in 
atmospheric emissions. The EPA concluded the change to the definition 
of heat transfer fluid is sufficient to provide the necessary 
exclusions and ensure that chemicals such as lubricants and embedded 
solid polymers are not covered.
    The EPA is not explicitly excluding ``polymers'' because it is not 
specifically an application. As explained above, in response to the 
comments, EPA added exclusions to the definition of HTF based on 
applications. The EPA acknowledges that, in many cases, fluorocarbon 
polymers are solids at room temperature and will not meet the 
definition of a fluorinated HTF. Polymers with vapor pressures well

[[Page 10377]]

below 1 mm Hg absolute at 25 [deg]C are unsuitable for use in the 
applications included in the definition of fluorinated HTF (e.g., 
because its melting point or viscosity is too high). Moreover, it will 
not otherwise be subject to subpart I because, with a vapor pressure 
below 1 mm Hg absolute at 25 [deg]C, it will not meet the definition of 
a fluorinated GHG. On the other hand, if a polymer is used in 
applications included in the definition of fluorinated HTF, it is 
likely to be used under conditions (e.g., high temperatures) where 
emissions may occur. The definition of fluorinated HTF will 
appropriately include the polymer under these circumstances.
    In this final rule, the EPA is finalizing the following definition 
of fluorinated heat transfer fluids: ``Fluorinated heat transfer fluids 
means fluorinated GHGs used for temperature control, device testing, 
cleaning substrate surfaces and other parts, and soldering in certain 
types of electronics manufacturing production processes. Fluorinated 
heat transfer fluids do not include fluorinated GHGs used as lubricants 
or surfactants. For fluorinated heat transfer fluids under this subpart 
I, the lower vapor pressure limit of 1 mm Hg in absolute at 25 [deg]C 
in the definition of Fluorinated greenhouse gas in 40 CFR 98.6 shall 
not apply. Fluorinated heat transfer fluids used in the electronics 
manufacturing sector include, but are not limited to, 
perfluoropolyethers, perfluoroalkanes, perfluoroethers, tertiary 
perfluoroamines, and perfluorocyclic ethers.'' The EPA believes that 
this final definition of fluorinated HTFs will ensure that all 
fluorinated HTFs used in electronics manufacturing and susceptible to 
being emitted in the atmosphere are appropriately monitored and 
reported under subpart I, and that the EPA will receive valuable 
emissions information on the full range of volatile fluorinated HTFs 
used in electronics manufacturing.
    While the EPA agrees that it is appropriate to modify the 
definition of fluorinated HTFs in subpart I to explicitly exclude, 
lubricants (such as greases and oils), and surfactants, the EPA does 
not agree with the commenter's suggestion to modify both the definition 
of fluorinated HTFs and the definition of fluorinated GHGs in 40 CFR 
part 98, subpart A. Making changes to the general definition of 
fluorinated GHGs in 40 CFR part 98, subpart A for purposes of subpart I 
only is not appropriate, because this definition applies to multiple 
other subparts. Further, such a modification is outside the scope of 
this rulemaking because the EPA did not propose any changes to the 
definition of fluorinated GHGs. However, the Agency notes that many of 
the chemicals for which exemptions were requested are likely excluded 
from Part 98 because they are used in applications that fall outside 
the definition of fluorinated heat transfer fluid. Moreover, the 
definition of fluorinated GHG retains the 1 mm Hg at 25 [deg]C vapor 
pressure limit and these chemicals generally have a vapor pressure 
below that limit.
    The EPA also does not agree with the suggestion to remove the 
clause, ``device testing, cleaning substrate surfaces and other parts, 
and soldering,'' from the definition. All of these applications were 
included in the December 1, 2010 final rule (75 FR 74775). In the 
proposed rule, the EPA did not intend to modify the set of applications 
included in the definition of fluorinated HTFs, but rather to clarify 
the definition to cover all fluorocarbons (except for ozone depleting 
substances regulated under the EPA's Stratospheric Protection 
Regulations at 40 CFR part 82) that can enter the atmosphere under the 
conditions in which fluorinated HTFs are used in the electronics 
manufacturing industry.
    Similarly, the EPA is not revising the definition of fluorinated 
HTFs to limit it to substances used ``solely or primarily to transfer 
heat by radiation, conduction, convection or a combination of these 
methods.'' This definition would not include all of the applications in 
electronics manufacturing in which fluorocarbons are used at high 
temperatures and can therefore enter the atmosphere. The EPA believes 
that by explicitly excluding certain items from the definition we can 
address the commenter's primary concerns without restructuring the 
definition.
Burden
    Comment: One commenter expressed concern that unless the EPA made 
its recommended changes (i.e., modifications to the scope of Part 98 to 
explicitly exclude certain substances and related provisions), the 
burden associated with the monitoring, reporting, recordkeeping, and 
quality assurance and quality control (QA/QC) requirements under 
subpart I would be unjustified (40 CFR 98.92(a)(6), 98.93(s), 98.94(h), 
and 98.96(g)). The commenter expressed the opinion that materials 
covered by the HTF provisions are expected to generate insignificant 
emissions.
    Response: With respect to the commenter's concern about the burden 
associated with modifying the fluorinated HTF definition, the only 
change in burden relative to the current subpart I requirements is 
associated with the inclusion of fluorinated HTFs whose vapor pressures 
fall below 1 mm Hg absolute at 25 [deg]C. This action aligns the 
reporting requirements with the EPA's original intention to include all 
fluorocarbons that can enter the atmosphere under the conditions in 
which fluorinated HTFs are used in the electronics manufacturing 
industry. The set of applications included in the definition 
(temperature control, device testing, cleaning substrate surfaces and 
other parts, and soldering in certain types of electronics 
manufacturing production processes) is the same as in the December 1, 
2010 final rule. As the EPA stated in the preamble of the proposed 
rule, the EPA's burden estimates for the December 2010 final rule were 
based on reporting of all fluorinated HTFs; therefore the 
clarifications in this final rule do not impose additional burden on 
reporters (76 FR 56010, September 9, 2011). In addition, in this final 
rule, the EPA has included flexibility provisions to reduce burden 
associated with monitoring and reporting of fluorinated HTF emissions.
    The other comments that the commenter provided on burden (i.e., 
comments not directly related to the definition of fluorinated HTFs or 
the provisions to calculate and report them) are outside the scope of 
this rule as the EPA did not propose any changes to those sections.
Flexibility for Reported Fluorinated HTF Emissions
    Comment: In response to the EPA's request for comment on whether 
reporters should be given flexibility under 40 CFR 98.93(h) to report 
either a chemical's emissions from all applications or its emissions 
from only the applications included in the HTF definition, one 
commenter asserted that flexibility is needed. The commenter advocated 
flexibility to reduce the burden associated with separately quantifying 
and tracking consumption due to miscellaneous non-HTF applications. The 
commenter stated that numerous materials used in semiconductor 
manufacturing may have non-HTF applications, and the burden of 
identifying and categorizing the different material would be 
significant.
    Response: To provide flexibility, the EPA has finalized provisions 
to give facilities the option to avoid maintaining a separate supply of 
the chemical for purposes of tracking fluorinated HTF emissions, as 
would otherwise be required for the mass-balance calculation. Where a 
fluorinated chemical is used in both HTF and non-

[[Page 10378]]

HTF applications, the EPA is revising provisions in 40 CFR 98.93(h)(1) 
to allow facilities to estimate and report emissions either from all 
applications or from only those covered in the definition of 
``fluorinated heat transfer fluids.'' The EPA concluded that this 
flexibility would result in a reduction of burden for all electronics 
manufacturing facilities. Further, as the EPA stated in the preamble to 
the proposed rule, the EPA understands that emissions from the non-HTF 
applications would make up a small fraction of the total. To ensure 
that the EPA understands whether emissions reported are from all 
applications of a fluorinated chemical or only from applications 
specified in the definition of fluorinated HTFs, the EPA is requiring 
facilities to report which approach they took in estimating emissions 
(40 CFR 98.94(u)). The EPA has concluded that the burden associated 
with the data reporting requirement is minimal and is balanced by the 
flexibility provided.
Reporting Requirements for Newly Included Fluorinated HTFs
    Comment: One commenter strongly supported EPA's proposal to apply 
the requirement to report newly included fluorinated HTFs (i.e., HTFs 
with a vapor pressure of less than 1 mm Hg absolute at 25 [deg]C) to 
emissions that occur in 2012 and beyond, but not to 2011 emissions. The 
commenter asserted that because of the specific exclusion of these HTFs 
in the December 1, 2010, rule (75 FR 74774), many facilities may not 
have records available for 2011 to support reporting of emissions.
    Response: In this final rule, the EPA is requiring facilities to 
begin to estimate and report emissions from newly-included fluorinated 
HTFs (that is, HTFs whose vapor pressures fall below 1 mm Hg absolute 
at 25 [deg]C) for emissions that occur in 2012. For reporting year 
2012, the EPA is allowing facilities to select either the time-period 
of January 1, 2012 through December 31, 2012 or March 23, 2012 through 
December 31, 2012. The EPA has concluded that this flexibility will 
provide facilities sufficient time to comply with the revisions. To 
ensure that the EPA can ascertain the time period over which reported 
2012 emissions occurred, the EPA is requiring that, for 2012 only, 
facilities report the date selected to begin accounting for the newly 
included fluorinated HTFs (40 CFR 98.94(v)). Beginning in 2013, 
facilities will be required to estimate and report emissions from the 
entire reporting year (e.g., January 1 through December 31).
Other Comments
    Comment: One commenter observed that the definition of 
``fluorinated GHGs'' proposed by the California Air Resources Board 
(CARB) in their proposed GHG reporting rule is consistent with the U.S. 
EPA definition. The commenter noted that the consistency will help 
minimize the burden associated with the various reporting requirements. 
The commenter further encouraged the EPA to work with CARB to establish 
a consistent definition of HTFs if and when CARB does require reporting 
of HTFs. Lastly, the commenter also suggested minor edits to the 
explanation of vapor phase soldering in order to make the EPA's 
statement from the proposed preamble (September 9, 2011, 76 FR 56010) 
more technically accurate.
    Response: The EPA acknowledges the commenter's suggestion for the 
EPA to work with CARB to maintain consistency in the definition of 
fluorinated HTFs. As the EPA stated in the preamble to the GHG 
Reporting Rule in 2009, ``EPA is committed to working with State and 
regional programs to coordinate implementation of reporting programs, 
reduce burden on reporters, provide timely access to verified emissions 
data, establish mechanisms to efficiently share data, and harmonize 
data systems to the extent possible'' (74 FR 56260, October 30, 2009). 
The EPA also appreciates the commenter's clarifications of the process 
of vapor phase soldering.
    Comment: One commenter provided recommendations to address the 
burden of reporting obligations for fluorinated materials with de 
minimis emissions of GHGs. The commenter suggested that a de minimis 
threshold for reporting be adopted under subpart I, 40 CFR 98.92(a)(6), 
98.93(c), 98.94(h), and 98.96(g), to reduce reporting burden for 
miscellaneous fluorinated materials. In addition, the commenter 
suggested that EPA modify subpart I to clarify that 98.92(a)(6) applies 
only to materials used in manufacturing processes and not for other 
purposes, such as the operation and maintenance of the facility (e.g., 
fluorinated surfactant in anti-static floor finish) and facility 
infrastructure systems (e.g., refrigerants for HVAC).
    Response: The comments related to the adoption of a de minimis 
threshold for specific consumption reporting requirements in subpart I 
that are not related to the definition of fluorinated HTFs (e.g., 40 
CFR 98.92(a)(6), 98.93(c), 98.94(h), and 98.96(g)) are outside the 
scope of this rule because EPA did not propose any changes to those 
sections regarding reporting thresholds or suggest that a de minimis 
threshold would be adopted.\1\
---------------------------------------------------------------------------

    \1\ On the topic of de minimis in general, EPA directs the 
commenter to the Final MRR where EPA determined that de minimis 
provisions were not necessary because they would compromise the 
quality and usefulness of the data collected (74 FR 56260, October 
2009). For additional background on EPA's decisions to exclude de 
minimis provisions, please see response to comments in the preamble 
to the Final MRR (74 FR 56278-56279, October 30, 2009) and also 
``Reporting Methods for Small Emission Points (De Minimis 
Reporting)'' (EPA-HQ-OAR-2008-0508-0048).
---------------------------------------------------------------------------

    With respect to the commenter's suggestion to limit the scope of 40 
CFR 98.92(a)(6) to materials used in manufacturing processes and not 
for other purposes, such as the operation and maintenance of the 
facility and facility infrastructure systems, is also outside the scope 
of this rule. EPA did not propose to narrow the scope of reporting 
under subpart I. For this reason, EPA is not taking action at this time 
regarding the commenter's suggestion. However, in a separate future 
action, the Agency may consider whether a modification to this 
reporting requirement is appropriate.

III. Economic Impacts of the Rule

    The amendments finalized in this action are intended to clarify the 
intent of EPA to include all fluorocarbons that can enter the 
atmosphere under the conditions in which fluorinated HTFs are used in 
the electronics manufacturing industry. Overall, these revisions are 
not expected to have a significant effect on the economy and an 
economic impact analysis is not required.

IV. Statutory and Executive Order Review

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

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    The final amendments to subpart I will carry out the agency's 
intent to require reporting of emissions of all fluorocarbons used as 
fluorinated HTFs in the electronics manufacturing industry. This was 
the intent of the subpart I reporting requirements for fluorinated HTFs 
finalized on December 1, 2010 (75 FR 74774), and this intent was 
reflected in the Information

[[Page 10379]]

Collection Request (ICR) prepared during that rulemaking. Thus, the 
final amendments will not increase the EPA or industry burden beyond 
that estimated in the ICR.
    The Office of Management and Budget (OMB) has previously approved 
the information collection requirements contained in the existing 
regulations and 40 CFR part 98, subpart I (75 FR 74774, December 1, 
2010), under the provisions of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq. and has assigned OMB control number 2060-0650. The OMB 
control numbers for the EPA's regulations in 40 CFR are listed in 40 
CFR part 9. Burden is defined at 5 CFR 1320.3(b).
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number.

C. Regulatory Flexibility Act (RFA)

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) 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; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of today's final rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. The small 
entities directly regulated by this final rule are facilities included 
in NAICS codes for Semiconductor and Related Device Manufacturing 
(334413) and Other Computer Peripheral Equipment Manufacturing 
(334119). As shown in Tables 5-13 and 5-14 of the Economic Impact 
Analysis for the Mandatory Reporting of Greenhouse Gas Emissions Final 
Rule (74 FR 56260, October 30, 2009) available in docket number EPA-HQ-
OAR-2008-0508, the average ratio of annualized reporting program costs 
to receipts of establishments owned by model small enterprises was less 
than 1 percent for industries presumed likely to have small businesses 
covered by the reporting program.
    Further, the EPA has clarified its intent and revised specific 
provisions to reflect what must be reported. While these revisions 
expand the scope of fluorocarbons that must be reported, EPA's burden 
estimates were based reporting of all fluorinated HTFs; therefore, the 
clarification of intent does not impose additional burden on reporters. 
We have therefore concluded that this action will not impose additional 
regulatory burden for all affected small entities.

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 EPA regulatory proposals with significant federal 
intergovernmental mandates and must inform, educate, and advise small 
governments on compliance with the regulatory requirements.
    These final rule amendments do 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. Thus, the proposed rule amendments were not subject to the 
requirements of section 202 and 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.

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. Few, if any, state or local 
government facilities would be affected by the provisions in this final 
rule. This regulation also does not limit the power of states or 
localities to collect GHG data and/or regulate GHG emissions. Thus, 
Executive Order 13132 does not apply to this action.

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). During the 
finalization of subpart I, the EPA undertook the necessary steps to 
determine the impact of those rules on tribal entities and provided 
supporting documentation demonstrating the results of the agency's 
analyses. The rule amendments in this action do not impose any 
significant changes to the current reporting requirements contained 40 
CFR part 98, subpart I. Thus, Executive Order 13175 does not apply to 
this action.

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

    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 is not subject to Executive Order 13045 because it does not 
establish an environmental standard intended to mitigate health or 
safety risks.

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

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

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs the EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs the EPA to

[[Page 10380]]

provide Congress, through OMB, explanations when the agency decides not 
to use available and applicable voluntary consensus standards.
    This final action does not involve technical standards. Therefore, 
the EPA did not consider the use of any voluntary consensus standards.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    The EPA has determined that this action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations. This rule does not 
affect the level of protection provided to human health or the 
environment because it is a rule addressing information collection and 
reporting procedures.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the U.S. A major 
rule cannot take effect until 60 days after it is published in the 
Federal Register. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2). This rule will be effective on March 23, 2012.

List of Subjects in 40 CFR Part 98

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

    Dated: February 10, 2012.
Lisa P. Jackson,
Administrator.

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

PART 98--[AMENDED]

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

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

Subpart I--[Amended]

0
2. Section 98.90 is amended by revising paragraph (a)(5) to read as 
follows:


Sec.  98.90  Definition of the source category.

* * * * *
    (a) * * *
    (5) Any electronics manufacturing production process in which 
fluorinated heat transfer fluids are used to cool process equipment, to 
control temperature during device testing, to clean substrate surfaces 
and other parts, and for soldering (e.g., vapor phase reflow).

0
3. Section 98.91 is amended by revising the definition of ``[delta]'' 
in Equation I-4 in paragraph (a)(4) to read as follows:


Sec.  98.91  Reporting threshold.

* * * * *
    (a) * * *
    (4) * * *

[delta] = Factor accounting for fluorinated heat transfer fluid 
emissions, estimated as 10 percent of total annual production 
process emissions at a semiconductor facility. Set equal to 1.1 when 
Equation I-4 of this subpart is used to calculate total annual 
production process emissions from semiconductor manufacturing. Set 
equal to 1 when Equation I-4 of this subpart is used to calculate 
total annual production process emissions from MEMS, LCD, or PV 
manufacturing.
* * * * *

0
4. Section 98.92 is amended by revising paragraph (a) introductory text 
and paragraph (a)(5) to read as follows:


Sec.  98.92  GHGs to report.

    (a) You must report emissions of fluorinated GHGs (as defined in 
Sec.  98.6), N<INF>2</INF>O, and fluorinated heat transfer fluids (as 
defined in Sec.  98.98). The fluorinated GHGs and fluorinated heat 
transfer fluids that are emitted from electronics manufacturing 
production processes include, but are not limited to, those listed in 
Table I-2 to this subpart. You must individually report, as 
appropriate:
* * * * *
    (5) Emissions of fluorinated heat transfer fluids.
* * * * *

0
5. Section 98.93 is amended by:
0
a. Revising paragraph (h) introductory text.
0
b. Revising the definition of ``EH<INF>i</INF>'' in Equation I-16 in 
paragraph (h).
0
c. Revising the definition of ``i'' in Equation I-16 in paragraph (h).
0
d. Adding paragraph (h)(1).
0
e. Adding paragraph (h)(2).


Sec.  98.93  Calculating GHG emissions.

* * * * *
    (h) If you use fluorinated heat transfer fluids, you must report 
the annual emissions of fluorinated heat transfer fluids using the mass 
balance approach described in Equation I-16 of this subpart.
* * * * *
EH<INF>i</INF> = Emissions of fluorinated heat transfer fluid i, 
(metric tons/year).
* * * * *
i = Fluorinated heat transfer fluid.
* * * * *
    (1) If you use a fluorinated chemical both as a fluorinated heat 
transfer fluid and in other applications, you may calculate and report 
either emissions from all applications or from only those specified in 
the definition of fluorinated heat transfer fluids in Sec.  98.98.
    (2) For the 2012 reporting year, you may calculate and report 
emissions of fluorinated heat transfer fluids whose vapor pressure 
falls below 1 mm Hg absolute at 25 [deg]C either for the time period 
January 1, 2012 through December 31, 2012 or for the time period March 
23, 2012 through December 31, 2012. The term ``reporting year'' in 
Equation I-16 shall be interpreted to be consistent with the time 
period selected. In addition, for the 2012 reporting year 
I<INF>iB</INF> is not required to be the same as the inventory at the 
end of 2011 if the inventory at the end of 2011 excluded fluorinated 
heat transfer fluids whose vapor pressure falls below 1 mm Hg absolute 
at 25 [deg]C. Starting in the reporting year 2013, you must calculate 
and report emissions of all fluorinated heat transfer fluids for the 
entirety of the reporting year.

0
6. Section 98.94 is amended by revising paragraph (h) introductory text 
and paragraph (h)(3) to read as follows:


Sec.  98.94  Monitoring and QA/QC requirements.

* * * * *
    (h) You must adhere to the QA/QC procedures of this paragraph (h) 
when

[[Page 10381]]

calculating annual gas consumption for each fluorinated GHG and 
N<INF>2</INF>O used at your facility and emissions from the use of each 
fluorinated heat transfer fluid.
* * * * *
    (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. This requirement does not apply to the end-of-the-year 
inventory of fluorinated heat transfer fluids in 2011 and the 
beginning-of-the-year inventory of the same in 2012.
* * * * *

0
7. Section 98.95 is amended by revising paragraph (b) to read as 
follows:


Sec.  98.95  Procedures for estimating missing data.

* * * * *
    (b) If you use fluorinated heat transfer fluids at your facility 
and are missing data for one or more of the parameters in Equation I-16 
of this subpart, you must estimate fluorinated heat transfer fluid 
emissions using the arithmetic average of the emission rates for the 
reporting year immediately preceding the period of missing data and the 
months immediately following the period of missing data. Alternatively, 
you may estimate missing information using records from the fluorinated 
heat transfer fluid supplier. You must document the method used and 
values used for all missing data values.

0
8. Section 98.96 is amended by:
0
a. Revising paragraph (c)(4).
0
b. Revising paragraph (r).
0
c. Revising paragraph (s).
0
d. Adding paragraph (u).
0
e. Adding paragraph (v).


Sec.  98.96  Data reporting requirements.

* * * * *
    (c) * * *
    (4) Each fluorinated heat transfer fluid emitted as calculated in 
Equation 1-16 of this subpart.
* * * * *
    (r) For fluorinated heat transfer fluid emissions, inputs to the 
fluorinated heat transfer fluid mass balance equation, Equation I-16 of 
this subpart, for each fluorinated heat transfer fluid used.
    (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, the method used to estimate the missing data, and 
the estimates of those data.
* * * * *
    (u) For each fluorinated heat transfer fluid used, whether the 
emission estimate includes emissions from all applications or from only 
the applications specified in the definition of fluorinated heat 
transfer fluids in Sec.  98.98.
    (v) For reporting year 2012 only, the date on which you began 
monitoring emissions of fluorinated heat transfer fluids whose vapor 
pressure falls below 1 mm Hg absolute at 25 [deg]C. This is either 
January 1, 2012 or March 23, 2012.

0
9. Section 98.98 is amended by removing the definition of ``Heat 
transfer fluids'' and adding the definition of ``Fluorinated heat 
transfer fluids'' in alphabetical order to read as follows:


Sec.  98.98  Definitions.

* * * * *
    Fluorinated heat transfer fluids means fluorinated GHGs used for 
temperature control, device testing, cleaning substrate surfaces and 
other parts, and soldering in certain types of electronics 
manufacturing production processes. Fluorinated heat transfer fluids do 
not include fluorinated GHGs used as lubricants or surfactants. For 
fluorinated heat transfer fluids under this subpart I, the lower vapor 
pressure limit of 1 mm Hg in absolute at 25 [deg]C in the definition of 
Fluorinated greenhouse gas in Sec.  98.6 shall not apply. Fluorinated 
heat transfer fluids used in the electronics manufacturing sector 
include, but are not limited to, perfluoropolyethers, perfluoroalkanes, 
perfluoroethers, tertiary perfluoroamines, and perfluorocyclic ethers.
* * * * *
0
10. Table I-2 to Subpart I is revised to read as follows:

   Table I-2 to Subpart I of Part 98--Examples of Fluorinated GHGs and
    Fluorinated Heat Transfer Fluids Used by the Electronics Industry
------------------------------------------------------------------------
                                                Fluorinated GHGs and
                                              fluorinated heat transfer
               Product type                      fluids used during
                                                     manufacture
------------------------------------------------------------------------
Electronics...............................  CF4, C2F6, C3F8, c-C4F8, c-
                                             C4F8O, C4F6, C5F8, CHF3,
                                             CH2F2, NF3, SF6, and
                                             fluorinated HTFs (CF3-(O-
                                             CF(CF3)-CF2)n-(O-CF2)m-O-
                                             CF3, CnF2n+2,
                                             CnF2n+1(O)CmF2m+1, CnF2nO,
                                             (CnF2n+1)3N).
------------------------------------------------------------------------

[FR Doc. 2012-3769 Filed 2-21-12; 8:45 am]
BILLING CODE 6560-50-P


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