Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Rules and Regulations 10373 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The Gut 

Bridge, across The Gut, mile 0.2, has a 

vertical clearance in the closed position 

of 3 feet at mean high water and 12 feet 

at mean low water. The existing 

drawbridge operation regulations are 

listed at 33 CFR 117.5. 

The waterway supports recreational 

vessels of various sizes. There is an 

alternate route for vessels to use; 

however, vessels that can pass under the 

bridge in the closed position may do so 

at all times. 

The owner of the bridge, Maine 

Department of Transportation, requested 

a temporary deviation to facilitate 

subsurface test borings at the bridge. 

Under this temporary deviation the 

Gut Bridge may remain in the closed 

position from 7 a.m. through 7 p.m. on 

February 29, 2012 and also on March 1, 

2012. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: February 10, 2012. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 2012–4020 Filed 2–21–12; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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: 

GHGReportingRule@epa.gov. 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 


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10374 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Rules and Regulations 

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 

CO2 carbon dioxide 

CO2e CO2-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 

mtCO2e metric tons CO2-equivalent 

N2O nitrous oxide 

NAICS North American Industry 

Classification System 

NF3 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 mtCO2e. 

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 


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Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Rules and Regulations 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 noninputs 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. 

• 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. 

• 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. 

• 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 endof-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 (N2O). 

• 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 timeperiod 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 


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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 °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 


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below 1 mm Hg absolute at 25 °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 °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 °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 °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 °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 massbalance calculation. Where a fluorinated 

chemical is used in both HTF and nonVerDate Mar<15>2010 14:56 Feb 21, 2012 Jkt 226001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\22FER1.SGM 22FER1

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10378 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Rules and Regulations 

1On 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). 

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 °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 °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

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 


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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 


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10380 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Rules and Regulations 

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] 

■ 1. The authority citation for part 98 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart I—[Amended] 

■ 2. Section 98.90 is amended by 

revising paragraph (a)(5) to read as 

follows: 

§ 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). 

■ 3. Section 98.91 is amended by 

revising the definition of ‘‘d’’ in 

Equation I–4 in paragraph (a)(4) to read 

as follows: 

§ 98.91 Reporting threshold. 

* * * * * 

(a) * * * 

(4) * * * 

d = 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. 

* * * * * 

■ 4. Section 98.92 is amended by 

revising paragraph (a) introductory text 

and paragraph (a)(5) to read as follows: 

§ 98.92 GHGs to report. 

(a) You must report emissions of 

fluorinated GHGs (as defined in § 98.6), 

N2O, and fluorinated heat transfer fluids 

(as defined in § 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. 

* * * * * 

■ 5. Section 98.93 is amended by: 

■ a. Revising paragraph (h) introductory 

text. 

■ b. Revising the definition of ‘‘EHi’’ in 

Equation I–16 in paragraph (h). 

■ c. Revising the definition of ‘‘i’’ in 

Equation I–16 in paragraph (h). 

■ d. Adding paragraph (h)(1). 

■ e. Adding paragraph (h)(2). 

§ 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. 

* * * * * 

EHi = 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 § 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 °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 IiB 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 °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. 

■ 6. Section 98.94 is amended by 

revising paragraph (h) introductory text 

and paragraph (h)(3) to read as follows: 

§ 98.94 Monitoring and QA/QC 

requirements. 

* * * * * 

(h) You must adhere to the QA/QC 

procedures of this paragraph (h) when 


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calculating annual gas consumption for 

each fluorinated GHG and N2O 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 endof-the-year inventory of fluorinated heat 

transfer fluids in 2011 and the 

beginning-of-the-year inventory of the 

same in 2012. 

* * * * * 

■ 7. Section 98.95 is amended by 

revising paragraph (b) to read as follows: 

§ 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. 

■ 8. Section 98.96 is amended by: 

■ a. Revising paragraph (c)(4). 

■ b. Revising paragraph (r). 

■ c. Revising paragraph (s). 

■ d. Adding paragraph (u). 

■ e. Adding paragraph (v). 

§ 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 § 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 

§ 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 °C. This is 

either January 1, 2012 or March 23, 

2012. 

■ 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: 

§ 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 °C in the definition 

of Fluorinated greenhouse gas in § 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. 

* * * * * 

■ 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

Product type Fluorinated GHGs and fluorinated heat transfer 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0168; FRL–9333–4] 

Metaflumizone; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of metaflumizone 

in or on citrus fruit, tree nuts, almond 

hulls; and grape. BASF Corporation 

requested these tolerances under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective 

February 22, 2012. Objections and 

requests for hearings must be received 

on or before April 23, 2012, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0168. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not 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 will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in 

Rm. S–4400, One Potomac Yard (South 

Bldg.), 2777 S. Crystal Dr., Arlington, 

VA. The Docket Facility is open from 

8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays. The 

Docket Facility telephone number is 

(703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: Julie 

Chao, Registration Division (7505P), 

Office of Pesticide Programs, 


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