# S IA I SEMICONDUCTOR IlIIoUSTRY ASSOCIATlolII



### BY HAND DELIVERY February 25,2010 Kirsten Cappel Deborah Ottinger U.S. Environmental Protection Agency 1310 L Street, N.W. Washington, D.C. 20005


### Re: GHG Reporting Rulemaking DearMs. Cappel and Ms. Ottinger: SIA appreciates the opportunity to work with you and others at EPA in connection with the GHG reporting rulemaking as well as the EPA's decision to deferpromulgation ofa final rule for semiconductormanufacturing operations. We lookforward to participating in the additional rulemaking that we understand will get underway in the near future. Inthe period since EPA made its decision to defer, SIA member companies have shared general information and, in some cases, data regarding current manufacturing operations. Some members also responded to an EPA "survey" seeking detailed laborburden projections in connection with estimating PFC emissions. EPA sought estimated labor hours by type (legal, managerial, technical, and clerical) along with othercapital and annual operating costs. This survey requested these projections be broken down separatelyinto the following categories: measuring DRE ofpoint-of-use abatement devices; estimating facility/gas specific heel factors; estimating gas usage by process type based on engineering estimates; and developing emission factors byprocess type. Forthe databyprocess type, EPA requested that companies use anew, expanded "process definition" developed byEPA and provided to the companies for the first time through this survey. SIA is concerned about the introduction ofthis new "processes" definition developed by EPA. The definition itselfdoes not necessarily reflect the realities across all semiconductor facilities. The specificity ofthe process categories is unrelated to the significance ofGHG emissions from those categories. Most importantly, the definition, ifused as the framework for GHG emissions reporting, would not measurably reduce the reporting burden from the proposed rule in the eventEPA were to require IPCC Tier 3 measurements for all ofthe equipment sets coveredby the definition. Even ifdefault emission factors were used, the large number of categories would require expenditures for gas consumption measurement that would be comparable to those for the rule as originallyproposed. SIAcontinues to believe that EPAcan obtain GHGemissions data ofsufficient accuracy and reliability using the approach detailed in ourcomments on the proposed rule:Kirsten Cappel & Deborah Ottinger February 25, 2010 Page 2 of 2

-/ Require use ofTier 3 measurement data where in possession ofthe facility, and otherwise to allow use ofthe Tier 2b method, with areasonable period for the facility to transition to that method to the extent ithas been relying on Tier 2a or othermethods in connection with the PFC Reduction Partnership orotherfederal and state programs. -/ Mandate gas-specific heel factors specific to each type ofcylinder and for each gas type based on the point established as the trigger for changing out the cylinder, unless infeasible
. Forbulk systems orlarge cylinders oflow usage gas, using scales to measure gas consumption from these systems should be retained as an option. -/ Allow mass balance keyed to purchase and offsite shipment for heat transfer fluids. -/ Allow default factors for abatement devices designed for F-GHGreduction. IfEPA were to adopt the above approach, it would not preclude further efforts to refine measurement methodologies. Indeed, SIA would consider supporting the development in the future ofmore process-specific emission factors through a collaborative effort, such as the next IPCC evaluation, by working with ourtool suppliers to gather more data and to share the cost of testing. This approach would provide the bestpath forward: not only would itpromote the international collaboration and acceptance that is necessary to avoid serious damage to competitiveness ofU.S
.-based semiconductor operations, butit also would ensure greater transparency and burden sharing. We look forward to discussing this possibility with you and to ourcontinued cooperation with the Agency in connection with the GHG reporting rulemaking.

Thomas P. Diamond, 

## crn Environmental, Health and Safety Director

cc: Laura Mendicino, Chair ofSIAClimate ChangeWorking Group

DC\127968S

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