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Daily Rules, Proposed Rules, and Notices of the Federal Government

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 98

[EPA-HQ-OAR-2011-0028; FRL-9726-7]

RIN 2060-AR61

Greenhouse Gas Reporting Program: Proposed Amendments and Confidentiality Determinations for Subpart I

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; Grant of Reconsideration.
SUMMARY: This action proposes amending the calculation and monitoring methodologies for the Electronics Manufacturing, of the Greenhouse Gas Reporting Rule. Proposed changes include revising certain calculation methods and adding a new method, amending data reporting requirements, and clarifying terms and definitions. This action also proposes confidentiality determinations for the reporting of the new and revised data elements. Many of these proposed actions are in response to a petition to reconsider specific aspects of our regulations. This document also proposes amendments to the General Provisions of the Greenhouse Gas Reporting Rule to reflect proposed changes to the reporting requirements for the Electronics Manufacturing sector.
DATES: Comments.Comments must be received on or before December 17, 2012.

Public Hearing.The EPA does not plan to conduct a public hearing unless requested. To request a hearing, please contact the person listed in theFOR FURTHER INFORMATION CONTACTsection by October 23, 2012. Upon such request, the EPA will hold the hearing on October 31, 2012 in the Washington, DC area starting at 9 a.m., local time. The EPA will provide further information about the hearing on its Web page if a hearing is requested.

ADDRESSES: *Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments.

*Email: GHGReportingCBI@epa.gov.

*Fax:(202) 566-1741.

*Mail:Environmental Protection Agency, EPA Docket Center (EPA/DC), Mailcode 6102T, Attention Docket ID No. EPA-HQ-OAR-2011-0028, 1200 Pennsylvania Avenue NW., Washington, DC 20460.

*Hand Delivery:EPA Docket Center, Public Reading Room, EPA West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Instructions:Direct your comments to Docket ID No. EPA-HQ-OAR-2011-0028. The EPA's policy is that all comments received will be included in the public docket without change and may be made available online athttp://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be confidential business information (CBI) or other information whose disclosure is restricted by statute.

Do not submit information that you consider to be CBI or otherwise protected throughhttp://www.regulations.govor email. Send or deliver information identified as CBI to only the mail or hand/courier delivery address listed above, attention: Docket ID No. EPA-HQ-OAR-2011-0028. Thehttp://www.regulations.govWeb site is an "anonymous access" system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going throughhttp://www.regulations.gov,your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

Docket:All documents in the docket are listed in thehttp://www.regulations.govindex. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically inhttp://www.regulations.govor in hard copy at the Air Docket, EPA/DC, EPA West, Room B102, 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, contact the Greenhouse Gas Reporting Rule Hotline at:http://www.epa.gov/climatechange/emissions/ghgrule_contactus.htmAlternatively, contact Carole Cook at (202) 343-9263.
SUPPLEMENTARY INFORMATION:

Additional information on submitting comments:To expedite review of your comments by agency staff, you are encouraged to send a separate copy of your comments, in addition to the copy you submit to the official docket, to Carole Cook, U.S. EPA, Office of Atmospheric Programs, Climate Change Division, Mail Code 6207-J, Washington, DC 20460, telephone (202) 343-9263, email address:GHGReportingRule@epa.gov.

Worldwide Web (WWW).In addition to being available in the docket, an electronic copy of this proposal, memoranda to the docket, and all other related information will also be available through the WWW on the EPA's Greenhouse Gas Reporting Rule Web site athttp://www.epa.gov/climatechange/.

Acronyms and Abbreviations.The following acronyms and abbreviations are used in this document.

BAMMbest available monitoring methods CAAClean Air Act CO2ecarbon dioxide equivalent CBIconfidential business information CFRCode of Federal Regulations CVDchemical vapor deposition DREdestruction or removal efficiency EIAEconomic Impact Analysis EPAU.S. Environmental Protection Agency F-GHGfluorinated greenhouse gas FDLfield detection limit FTIRFourier transform infrared GHGgreenhouse gas GWPglobal warming potential HTFheat transfer fluid ICRInformation Collection Request IPCCIntergovernmental Panel on Climate Change ISBNInternational Standard Book Number ISMIInternational SEMATECH Manufacturing Initiative LCDliquid crystal display MEMSmicro-electro-mechanical systems mtCO2emetric ton carbon dioxide equivalent NAICSNorth American Industrial Classification System N2Onitrous oxide NTTAANational Technology Transfer and Advancement Act of 1995 OMBOffice of Management & Budget PFCperfluorocarbon POUpoint of use ppbvparts per billion by volume QMSquadrupole mass spectroscopy RFARegulatory Flexibility Act RSASTPrandom sampling abatement system testing program RSDrelative standard deviation SEMATECHSEmiconductor MAnufacturing TECHnology SIASemiconductor Industry Association UMRAUnfunded Mandates Reform Act of 1995 U.S.United States VCSvoluntary consensus standard WWWWorldwide Web

Organization of This Document.The following outline is provided to aid in locating information in this preamble.

I. General Information A. What is the purpose of this action? B. Does this action apply to me? C. Legal Authority D. What should I consider as I prepare my comments to the EPA? II. Background for Proposed Amendments to GHG Monitoring and Calculation Methodologies and Other Technical Revisions A. Background for Proposed Amendments B. How would these amendments apply to 2012 and 2013 reports? III. Summary and Rationale for Proposed Amendments to GHG Monitoring and Calculation Methodologies and Other Revisions A. Summary of Proposed Rule Amendments in Response to Petition for Reconsideration B. Rationale for Proposed Amendments C. Proposed Rule Changes to Reporting and Recordkeeping Requirements D. Proposed Changes to Remove BAMM Provisions and Language Specific to Reporting Years 2011, 2012, and 2013. IV. Background for Confidentiality Determinations for Subpart I of Part 98 A. Overview and Background B. Approach to Proposed CBI Determinations for New or Revised Subpart I Data Elements C. Proposed Confidentiality Determinations for Individual Data Elements in Two Direct Emitter Data Categories D. Request for Comments on Proposed Confidentiality Determinations V. 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 (RFA) D. Unfunded Mandates Reform Act (UMRA) 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 I. General Information A. What is the purpose of this action?

The EPA is proposing amendments to the calculation and monitoring methodologies for Subpart I, Electronics Manufacturing, of the Greenhouse Gas Reporting Rule (“subpart I”). In addition, the EPA is proposing conforming changes to the reporting and recordkeeping requirements of subpart I. Changes include revising certain calculation methods and adding a new method, amending data reporting requirements, and clarifying terms and definitions. The EPA is proposing these amendments to (1) Modify calculation methods and data requirements to better reflect new industry data and current practice; (2) provide additional calculation methods to allow individual facilities to choose the method best suited for their operations; (3) reduce the burden associated with existing requirements; and (4) address sensitive business information concerns raised by members of the Semiconductor Industry Association (SIA). Amendments being proposed today affect all facilities that manufacture electronics including those that manufacture semiconductors (including light emitting diodes), micro-electro-mechanical systems (MEMS), liquid crystal displays (LCDs), or photovoltaic (PV) cells. Because we are planning an effective date of January 1, 2014 for the final amendments, we are also proposing to remove the rule language for certain provisions that will not apply after 2013. Sections II and III of this preamble contain more detailed information on the background and rationale for these proposed amendments. Many of the proposed changes are in response to a petition to reconsider specific aspects of subpart I.

The EPA is also proposing confidentiality determinations for the new and revised data elements under the proposed amendments to subpart I. Section IV of this preamble provides the background and rationale for these proposed confidentiality determinations. Finally, Section V of this preamble describes the statutory and executive order requirements applicable to this action.

B. Does this action apply to me?

This proposal affects entities that are required to submit annual greenhouse gas (GHG) reports under subpart I of 40 CFR part 98 (“Part 98”). The Administrator determined that this action is subject to the provisions of Clean Air Act (CAA) section 307(d). See CAA section 307(d)(1)(V) (the provisions of CAA section 307(d) apply to “such other actions as the Administrator may determine”). Part 98 and this action affect owners and operators of electronics manufacturing facilities. Affected categories and entities include those listed in Table 1 of this preamble.

Table 1—Examples of Affected Entities by Category Category NAICS Examples of affected facilities Electronics Manufacturing 334111 Microcomputers manufacturing facilities. 334413 Semiconductor, photovoltaic (solid-state) device manufacturing facilities. 334419 Liquid crystal display unit screens manufacturing facilities. 334419 Micro-electro-mechanical systems manufacturing facilities.

Table 1 of this preamble lists the types of entities that potentially could be affected by the reporting requirements under the subpart covered by this proposal. However, this list is not intended to be exhaustive, but rather provides a guide for readers regarding facilities likely to be affected by this action. Other types of facilities not listed in the table could also be subject to reporting requirements. To determine whether you are affected by this action,you should carefully examine the applicability criteria found in 40 CFR part 98, subpart A as well as 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 theFOR FURTHER INFORMATION CONTACTsection of this preamble.

C. Legal Authority

The EPA is proposing rule amendments to Part 98 under its existing CAA authority, specifically authorities provided in CAA section 114. As stated in the preamble to the 2009 final rule (74 FR 56260, October 30, 2009) and the Response to Comments on the Proposed Rule, Volume 9, Legal Issues, CAA section 114 provides the EPA broad authority to obtain the information in Part 98, including subpart I, because such data would inform and are relevant to the EPA's carrying out a wide variety of CAA provisions. As discussed in the preamble to the initial Part 98 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 control or process equipment, or 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.

In addition, the EPA is proposing confidentiality determinations for proposed data elements in subpart I, under its authorities provided in sections 114, 301, and 307 of the CAA. As mentioned, CAA section 114 provides the EPA authority to obtain the information in Part 98, including those in subpart I. Section 114(c) requires that the EPA make publicly available information obtained under section 114 except for information (excluding emission data) that qualify for confidential treatment.

The Administrator has determined that this action (proposed amendments and confidentiality determinations) is subject to the provisions of section 307(d) of the CAA.

D. What should I consider as I prepare my comments to the EPA? 1. Submitting Comments That Contain CBI

Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

Do not submit information that you consider to be CBI or otherwise protected throughhttp://www.regulations.govor email. Send or deliver information identified as CBI to only the mail or hand/courier delivery address listed above, attention: Docket ID No. EPA-HQ-OAR-2011-0028.

If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified in theFOR FURTHER INFORMATION CONTACTsection.

2. Tips for Preparing Your Comments

When submitting comments, remember to:

Identify the rulemaking by docket number and other identifying information (e.g., subject heading,Federal Registerdate and page number).

Follow directions. The EPA may ask you to respond to specific questions or organize comments by referencing a CFR part or section number.

Explain why you agree or disagree, and suggest alternatives and substitute language for your requested changes.

Describe any assumptions and provide any technical information and/or data that you used.

If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow us to reproduce your estimate.

Provide specific examples to illustrate your concerns and suggest alternatives.

Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

Make sure to submit your information and comments by the comment period deadline identified in the preceding section titledDATES. To ensure proper receipt by the EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, andFederal Registercitation.

To expedite review of your comments by agency staff, you are encouraged to send a separate copy of your comments, in addition to the copy you submit to the official docket, to Carole Cook, U.S. EPA, Office of Atmospheric Programs, Climate Change Division, Mail Code 6207-J, Washington, DC, 20460, telephone (202) 343-9263, emailGHGReportingCBI@epa.gov. You are also encouraged to send a separate copy of your CBI information to Carole Cook at the provided mailing address in theFOR FURTHER INFORMATION CONTACTsection. Please do not send CBI to the electronic docket or by email.

II. Background for Proposed Amendments to GHG Monitoring and Calculation Methodologies and Other Technical Revisions A. Background for Proposed Amendments

The GHG reporting requirements for subpart I were finalized on December 1, 2010 (75 FR 74774, hereafter referred to as “final subpart I rule”). Following the publication of the final subpart I rule in theFederal Register, the SIA (hereafter referred to as “the Petitioner”) submitted on January 31, 2011 an administrative petition titled “Petition for Reconsideration and Request for Stay Pending Reconsideration of Subpart I of the Final Rule for Mandatory Reporting of Greenhouse Gases” (hereafter referred to as the “Petition for Reconsideration”, available in docket EPA-HQ-OAR-2009-0927), requesting reconsideration of numerous provisions in the final subpart I rule. Since that petition was filed, the EPA has published five actions related to subpart I.

• Additional Sources of Fluorinated GHGs: Extension of Best Available Monitoring Provisions for Electronics Manufacturing (76 FR 36339, published June 22, 2011). Granted the Petition for Reconsideration with respect to the provisions for the use of Best Available Monitoring Methods (BAMM). Extended three of the deadlines in subpart I related to using the BAMM provisions from June 30, 2011 to September 30, 2011.

• Changes to Provisions for Electronics Manufacturing to Provide Flexibility (76 FR 59542, published September 27, 2011). Amended the calculation and monitoring provisions for the largest semiconductor manufacturing facilities to provide flexibility through the end of 2013 and extended two deadlines in the BAMM provisions.

• Proposed Confidentiality Determinations for Subpart I and Proposed Amendments to Subpart I Best Available Monitoring Methods Provisions (77 FR 10434, published February 22, 2012). Re-proposed confidentiality determinations for data elements in subpart I and proposed amendments to the provisions regardingthe calculation and reporting of emissions from facilities that use BAMM.

• Revisions to Heat Transfer Fluid Provisions (77 FR 10373, published February 22, 2012). Amended the definition of fluorinated heat transfer fluids (fluorinated HTFs) and the provisions to estimate and report emissions from fluorinated HTFs.

• Final Confidentiality Determinations for Nine Subparts and Amendments to Subpart A and I under the Mandatory Reporting of Greenhouse Gases Rule; Final Rule (77 FR 48072, published August 13, 2012). Final confidentiality determinations for data elements in subpart I and final amendments to the provisions regarding the calculation and reporting of emissions from facilities that use BAMM.

B. How would these amendments apply to 2012 and 2013 reports?

The EPA intends to address the comments on these proposed amendments and publish any final amendments in 2013. Facilities would be required to follow one of the new or revised methods to estimate emissions beginning in 2014. The first reports of emissions estimated using the new methods would be submitted in 2015. For the reports for reporting years 2012 and 2013, reporters would be expected to calculate emissions and other relevant data using the existing requirements under Part 98. These existing requirements include the flexibility for the largest semiconductor manufacturing facilities added in the September 27, 2011 rule titled “Changes to Provisions for Electronics Manufacturing to Provide Flexibility.”

Given the timing and extent of the proposed changes, and the likelihood that the final rule will not be published until the second half of 2013, we have determined that it is not feasible for sources to implement these changes for reporting year 2013. The proposed revisions would change and replace existing calculation methods and regulatory requirements, and would greatly affect how emissions are calculated and the data that would be reported. For example, we are proposing to add a new stack testing option to measure and calculate fab-level fluorinated greenhouse gas (F-GHG) emissions, revise process categories and associated gas utilization rates and by-product formation rates, and eliminate existing methods that require using recipe-specific gas utilization rates and by-product formation rates to calculate emissions. Because of the different data collection requirements compared to the current subpart I requirements, we do not anticipate that facilities would have enough time after the final rule is published to schedule stack tests, revise their current tracking and monitoring methods, or revise the data collection methods for reporting year 2013.

Thus, reporters using the current methods in subpart I would continue to use these methods for collecting data and calculating emissions for 2013 that are reported in 2014. Reporters would be required to select calculation methods based on any final revisions to the rule to calculate the emissions for 2014 that are reported in 2015.

III. Summary and Rationale for Proposed Amendments to GHG Monitoring and Calculation Methodologies and Other Revisions A. Summary of Proposed Rule Amendments in Response to Petition for Reconsideration

In this action, we are granting reconsideration on all issues in the Petition for Reconsideration not already addressed in the final rules published June 22, 2011 (Additional Sources of Fluorinated GHGs: Extension of Best Available Monitoring Provisions for Electronics Manufacturing); September 27, 2011 (Changes to Provisions for Electronics Manufacturing to Provide Flexibility); and August 13, 2012 (Confidentiality Determinations for Subpart I and Amendments to Subpart I Best Available Monitoring Methods Provisions). Those final rules are described in Section II.A of this preamble. Section III.B of this preamble discusses the specific issues raised in the Petition for Reconsideration that are addressed in this action and the changes the EPA is proposing in response to the petition. The EPA intends to complete its response to the Petition for Reconsideration through this rulemaking.

Following consideration of the issues raised in the Petition for Reconsideration and data presented by the Petitioner, the EPA is proposing certain amendments to subpart I. Table 2 of this preamble presents a summary of the outstanding issues raised by the Petitioner and the corresponding proposed changes to the rule. Section III.B of this preamble provides further detail including the EPA's rationale for each proposed change.

Table 2—Proposed Changes to the Rule Based on Petition for Reconsideration and the Petitioner's May 26, 2011 Letter Supporting the Development of the Rule Changes To Provide Flexibility That Were Finalized September 27, 2011 Technical issue Proposed changes to rule Rows 2 and 12 apply to semiconductor facilities only. All other rows apply to all electronics manufacturing facilities. 1. Addition of an emission estimation method as an alternative to recipe-specific emission factors. (See Section III.B.1) Revising 40 CFR 98.93 to provide an option for using stack testing as an alternative method for determining fab-level emission factors for determining fab-level F-GHG emissions for all electronics manufacturing facilities. Revising 40 CFR 98.94 to 98.98 to include the monitoring methods, QA/QC, missing data, reporting, recordkeeping, and definition requirements for the stack testing alternative. 2. Revision of default gas utilization rates and by-product formation rates for the plasma etch process type for semiconductor manufacturing. (See Section III.B.2) Revise 40 CFR 98.92(a) and 40 CFR 98.93(a)(2) and (a)(4) to combine wafer cleaning and plasma etch emission processes and associated gas utilization rates and by-product formation rates. Revise Tables I-3 and I-4 for semiconductor manufacturing with new gas utilization rates and by-product formation rates based on gas type and process type or sub-type using additional data submitted by the Petitioner. 3. Removing recipe-specific emission factors: Requirements for (1) Largest semiconductor manufacturing facilities (defined as those facilities with annual manufacturing capacity of greater than 10,500 m2of substrate) to use recipe-specific gas utilization rates and by-product formation rates to estimate emissions from plasma etch processes; and (2) semiconductor facilities using wafers greater than 300 mm diameter to estimate all of their emissions from processes that use fluorinated GHGs using recipe-specific gas utilization rates and by-product formation rates. (See Section III.B.3) Revising 40 CFR 98.93, 98.94, 98.96, and 98.97 to remove provisions to use recipe-specific gas utilization rates and by-product formation rates and to combine the wafer cleaning process type with the plasma etch process type. Under this proposal, all semiconductor manufacturing facilities, regardless of manufacturing capacity, would have the option to use default gas utilization rates and by-product formation rates to estimate emissions from the plasma etching/wafer cleaning process type and from the following three subtypes of the chamber cleaning process type: in-situ plasma chamber cleaning, remote plasma chamber cleaning, and in-situ thermal chamber cleaning. 4. Calculation for determining manufacturing capacity. (See Section III.B.4) Revising the terminology and definition ofmaximum designed substrate startsin 40 CFR 98.98 to bemaximum substrate starts,meaning for the purposes of Equation I-5 in subpart I, the maximum quantity of substrates, expressed as surface area, that could be started each month in a reporting year based on the equipment installed in that facility and assuming that the equipment were fully utilized. Manufacturing equipment would be considered installed when it is on the manufacturing floor and connected to the required utilities. 5. Reporting provisions for facilities that have integrated production and research and development (R&D) activities. (See Section III.B.5) Facilities would be allowed to report integrated production and R&D emissions and, if doing so, would be required to provide an estimate of the fraction of total emissions from their R&D activities under 40 CFR 98.96. 6. Requirements for the accuracy and precision of the equipment measuring gas consumption. (See Section III.B.6) Removing the requirement for one percent of full-scale accuracy for “all flow meters, weigh scales, pressure gauges and thermometers* * *” in 40 CFR 98.93(i) and referencing the calibration accuracy requirements in 40 CFR 98.3(i) for all measurement devices used to measure quantities that are monitored in subpart I. 7. Provisions for re-calculating the facility-wide gas specific heel factor and handling exceptional circumstances. (See Section III.B.7) Revising the criteria for an “exceptional circumstance” in 40 CFR 98.94(b)(4) from 20 percent of the original trigger point for change out to 50 percent for small cylinders (containing less than 9.08 kilograms (20 pounds) of gas). For large containers, the “exceptional circumstance” would remain as a change out point that differs by 20 percent of the trigger point used to calculate the gas specific heel factor. Clarifying the requirements for recalculating the facility-wide heel factor. 8. Requirements for verifying the model used to apportion gas consumption. (See Section III.B.8) Revising 40 CFR 98.94(c) to allow for development of apportioning factors by using direct measurements using gas flow meters or weigh scales, to measure process sub-type, process type, stack system, or fab-specific input gas consumption. Revising 40 CFR 98.94(c)(2)(i) to allow reporters to select a period of the reporting year and its duration that is representative of normal operations for the model verification. The representative period would be at least 30 days in duration, and may be as long as one year. The model would be verified using the F-GHG used in the greatest quantity, and would be corrected if it does not meet the verification requirements. A facility would be able to use two F-GHG for model verification if they both meet the criteria and if at least one of them is used in the greatest quantity. Increasing the maximum allowed difference between the modeled and actual gas consumption in the verification process from 5 percent to 20 percent. 9. Provisions for calculating N2O emissions. (See Section III.B.9) Revising 40 CFR 98.93(b), 40 CFR 98.96(c)(3) and 40 CFR 98.96(k) to clarify that facilities must calculate annual fab-level N2O emissions from the chemical vapor deposition (CVD) process type and from the aggregate of other electronics manufacturing production processes using default emission factors (facilities are not required to report emissions from each CVD process and from each other N2O using process). 10. Provisions for reporting controlled emissions from abatement systems. (See Section III.B.10) Revising 40 CFR 98.94(f) to allow facilities to use either revised default destruction or removal efficiency (DRE) values or to establish a site-specific DRE value for each combination of input gas or by-product gas and process type or sub-type using directly measured DREs. Providing alternative methods for a facility to directly measure DRE.
11. Provisions for determining and calculating abatement system uptime. (See Section III.B.11) Revising Equation I-15 to allow reporters to calculate the average uptime for the group of systems for each combination of input gas or by-product gas and process type or sub-type, using the same process categories in which F-GHG use and emissions are calculated. Abatement system uptime monitoring and calculation would be simplified by assuming that connected process tools operate with F-GHGs or N2O flowing continuously once they are installed; this would apply for all methods (both default emission factors and stack testing). 12. Absence of a method for updating gas utilization rates and by-product formation rates and DRE values for semiconductor manufacturing. (See Section III.B.12) Revising the data reporting requirements in 40 CFR 98.96 to require certain semiconductor manufacturing facilities to provide a report to the EPA every 3 years covering technology changes at the facility that may affect gas utilization rates and by-product formation rates or DRE values.

The EPA is not staying subpart I pending reconsideration as requested in the Petition for Reconsideration because the EPA believes that the concerns prompting the stay request have been addressed through the BAMM process and through the September 27, 2011 final rule (Changes to Provisions for Electronics Manufacturing to Provide Flexibility), which amended the calculation and monitoring provisions for the largest semiconductor manufacturing facilities to provide flexibility through the end of 2013. As stated in the preamble to the September 27, 2011 final rule, the EPA intends to finalize revisions to subpart I in 2013 so that semiconductor manufacturing facilities can implement the revised subpart I beginning in 2014. The EPA is not reopening the entirety of subpart I for comment but is taking comment only on the remaining issues raised by the Petitioner, as listed in Table 2 of this preamble, and the proposed amendments described in Section III.B of this preamble, with the exception that we request comment on whether new data are available to update the default gas utilization rates and by-product formation rates for the facilities that manufacture MEMS, LCDs, or PV cells (see Section III.B.2 of this preamble), and whether new data are available on measured DRE values for abatement systems used at MEMS, LCD, or PV cell manufacturing facilities (see Section III.B.10 of this preamble).

In summary, the major changes we are proposing are to revise the calculation methods to provide all electronics manufacturing facilities the choice of two methods to calculate annual emissions and to remove the option for electronics manufacturing facilities to determine and use recipe-specific gas utilization rates and by-product formation rates. The proposed rule would provide the option for reporters to use either default gas utilization rates and by-product formation rates, which the EPA is proposing to revise for semiconductor manufacturing facilities to reflect new industry data provided to the EPA, or to conduct stack testing to establish site-specific emission factors for F-GHGs that would be used to calculate F-GHG emissions. The proposed amendments would ensure that the EPA receives accurate and current facility-specific data. The proposed amendments also include provisions for the periodic review of industry advances and changes that may impact the default gas utilization rates and by-product formation rates and default DRE values used to estimate emissions, to encourage the continued collection of data that represent current industry practices. Additionally, the proposed stack testing approach allows for estimation of emissions based on periodic direct measurements of stack emissions from facilities. These proposed amendments would allow the EPA to accurately characterize and analyze GHG emissions from facilities in the electronics manufacturing industry while reducing burden to the industry.

B. Rationale for Proposed Amendments 1. Stack Testing as an Alternative Emission Monitoring Method for Facilities that Manufacture Electronics

After subpart I was promulgated, the Petitioner expressed interest in developing a method to use stack testing to quantify F-GHG emissions from electronics manufacturing facilities as an alternative to the recipe-specific method in the final subpart I rule. Specifically, the Petitioner proposed an approach in which they would (1) develop emission factors by measuring emissions from their stacks over a certain period and dividing them by an activity metric (e.g., gas consumption) measured over the same period; and (2) estimate annual emissions by multiplying the emission factors by the appropriate annual activity. They noted that stack testing is already widely accepted in the industry and commonly used to quantify non-F-GHG emissions for compliance with other state and federal air programs. They also noted that in most facilities, a large number of tools using F-GHGs are exhausted through a relatively small number of stacks, and stack testing in such a situation could be at least as accurate as the other methods in the final subpart I rule, and could be more cost-effective for the facility depending on how often testing is conducted (see “Technical Support for the Stack Test Option for Estimating Fluorinated Greenhouse Gas Emissions from Electronics Manufacturing Facilities under Subpart I,” Docket ID No. EPA-HQ-OAR-2011-0028).

The EPA recognizes that stack testing is an important tool that has historically been required for specified non-F-GHG pollutants to determine a facility's compliance with emission limits, capture or control efficiencies, or monitoring parameters established pursuant to certain provisions of the CAA. Stack testing performed and verified according to the procedures in validated EPA methods is considered a reliable method to quantify facility emissions as long as a robust and predictable relationship is found between emissions and the selected activity metric. Because stack testing is a direct measurement of facility emissions, it has the potential to provide a high-quality characterizationof the emissions from the electronics manufacturing industry. Electronics manufacturers are already using stack testing to comply with other air rules and operating permit requirements. For example, semiconductor manufacturers subject to 40 CFR part 63, subpart BBBBB, National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing, are already required to perform stack testing using EPA Method 320 at 40 CFR part 63, appendix A (hereafter “EPA Method 320”), among others, to comply with subpart BBBBB, although they are not required to use EPA Method 320 to quantify F-GHG emissions.

To determine whether stack testing might be appropriate to quantify F-GHG emissions from electronics manufacturing, EPA evaluated whether it demonstrates (1) The ability of a method and technology to accurately measure F-GHG emissions from electronics manufacturing facilities during the test; (2) the ability to accurately measure a corresponding activity metric during the test; and (3) the existence of a reasonably constant and predictable relationship between F-GHG emissions and the chosen activity metric. The first and third factors were particularly important given the relatively low concentrations of F-GHGs in exhaust streams at electronics facilities and the potential variability of emission factors over time at those facilities as the mix of products and processes changed over time.

The Petitioner provided data from stack testing and supporting data on F-GHG consumption and production to demonstrate that that stack testing can be used to estimate annual emissions. These data were provided to the EPA in support of the Petitioner's request in the petition for reconsideration to add a stack testing option to subpart I for semiconductor manufacturing. The data were collected using EPA Method 320, “Measurement Of Vapor Phase Organic And Inorganic Emissions By Extractive Fourier Transform Infrared (FTIR) Spectroscopy” (40 CFR part 63, appendix A), at three companies manufacturing a variety of semiconductor products on different sized wafers. The data provided to the EPA demonstrated that F-GHG emissions are a direct and reasonably constant function of F-GHG consumption over the test period. Moreover, data from multiple tests at two facilities showed that emission factors (kg gas emitted/kg gas consumed) did not vary widely in the absence of significant technology and abatement level changes, even though the mix of products at one of the facilities appeared likely to have changed during the months since the previous test. This indicates that emissions from one period at a facility, when converted to emission factors based on F-GHG consumption, can be used to determine emissions at the same facility over an extended period of time (i.e., one year, and longer under certain circumstances), and can be scaled to estimate annual F-GHG emissions.

The data provided by the Petitioner (see “Technical Support for the Stack Test Option for Estimating Fluorinated Greenhouse Gas Emissions from Electronics Manufacturing Facilities under Subpart I,” Docket ID No. EPA-HQ-OAR-2011-0028) demonstrated that current FTIR methods, such as EPA Method 320, have sufficient sensitivity, when used in conjunction with detectors optimized to detect F-GHGs, to provide accurate measurements of F-GHG emissions. EPA Method 320 can be used to measure concentrations of the commonly emitted F-GHGs down to a few parts per billion by volume (ppbv), and the field detection limits for the same F-GHGs can be as low as 1 or 2 ppbv.

The same data provided by the Petitioner provided evidence that F-GHG consumption can be accurately measured or estimated over the proposed test period of 8 hours as long as varying temperatures, non-ideal gas behavior, and low drawdown rates are appropriately accounted for. (Methods for accounting for these are discussed in “Stack testing requirements” in Section III.B.1 of this preamble.) This ensures that gas consumption can be accurately determined, either directly for the test period or by interpolating from longer-term consumption data. Accurate gas consumption measurements ensure that gas consumption can be used with the stack emission measurements as the basis for emission factors to calculate annual emissions.

Finally, the data provided by the Petitioner demonstrated that emissions estimated from stack testing were in agreement with emissions for the same facilities estimated using other methods, such as the default gas utilization rates and by-product formation rate method in subpart I (see “Technical Support for the Stack Test Option for Estimating Fluorinated Greenhouse Gas Emissions from Electronics Manufacturing Facilities under Subpart I,” Docket ID No. EPA-HQ-OAR-2011-0028).

The EPA is proposing to revise subpart I to include a stack testing option for estimating annual F-GHG emissions at 40 CFR 98.93(i). This option would apply to all electronic manufacturing facilities, including those making semiconductors, MEMS, LCDs, and PV cells. We are not proposing this option for estimating N2O emissions; a review of the stack test data provided to the EPA revealed inconsistent results for stack measurements of N2O emissions for which the cause could not be determined (see “Technical Support for the Stack Test Option for Estimating Fluorinated Greenhouse Gas Emissions from Electronics Manufacturing Facilities under Subpart I,” Docket ID No. EPA-HQ-OAR-2011-0028). Therefore, we do not have sufficient data to show that stack testing is appropriate for development of N2O emission estimates. However, the rule already includes an option based on default emission factors for estimating N2O emissions (see 40 CFR 98.93(b)).(Proposed amendments to the provisions and emission factors for estimating N2O emissions are discussed in Section III.B.9 of this preamble.)

In this action, we are also proposing to allow all electronics manufacturing facilities to use separate methods (i.e., stack testing or default utilization and by-product formation rates) to estimate emissions from each fab within a single facility. Facilities would report GHG emissions on a fab basis. Many electronics manufacturing facilities are divided into separate fabs, which generally consist of separate buildings constructed at different times in which the processing tools are located. Most facilities have only one fab, but some facilities have two or more fabs. Each fab may be dedicated to a different product type, or may represent different generations of manufacturing technology because they were built at different times. In the semiconductor manufacturing industry, separate fabs may use different size wafers.

Because of differences among fabs (e.g., differences in the number of stacks), a reporter may wish to use different methods to estimate emissions from each fab. We are proposing to allow reporters to use different methods for separate fabs, but would also require that emissions be reported at the fab level. We are proposing to define a “fab” in 40 CFR 98.98 as “the portion of an electronics manufacturing facility located in a separate physical structure that began manufacturing on a certain date.”

Selection of Stack Systems for Testing.The EPA recognizes that given the diversity of facility designs among electronics manufacturers, some facilities may have some stacks that account for only a small percent of total facility emissions. In order to avoid the burden of testing a large number of stacks, the proposed amendmentswould not require that all stacks be tested. Instead, the reporter would develop a preliminary estimate of the annual emissions from each “stack system” in a fab and would not be required to test those stack systems that account for relatively small emissions. A stack system would be considered to be one or more stacks that are connected by a common header or manifold, through which a fluorinated GHG-containing gas stream originating from one or more fab processes is, or has the potential to be, released to the atmosphere. For purposes of subpart I, stack systems would not include emergency vents or bypass stacks through which emissions are not usually vented under typical operating conditions.

Under the proposed rule, the reporter would develop a preliminary estimate of F-GHG emissions from each stack system on a metric ton carbon dioxide equivalent (mtCO2e) basis using the gas consumption in the tools associated with the stack system and gas utilization rates and by-product formation rates in proposed Tables I-11 through I-15, and accounting for the DRE of the “point of use” (POU) abatement systems and the uptime (the fraction of time the system is operating within manufacturer's specifications) of the POU systems. The gas utilization rates and by-product formation rates in proposed Tables I-11 through I-15 are based on the 2006 Intergovernmental Panel on Climate Change (IPCC) Tier 2a factors.1 The factors in proposed Tables I-11 and I-12 for semiconductor manufacturing facilities were updated from the 2006 IPCC factors based on additional data collected by the Petitioner (see “Technical Support for Modifications to the Fluorinated Greenhouse Gas Emission Estimation Method Option for Semiconductor Facilities under Subpart I,” Docket ID No. EPA-HQ-OAR-2011-0028).

12006 IPCC Guidelines for National Greenhouse Gas Inventories, Prepared by the National Greenhouse Gas Inventories Programme, Eggleston H.S., Buendia L., Miwa K., Ngara T. and Tanabe K. (eds). Hayama, Kanagawa, Japan.

In the preliminary estimate, reporters would be required to use data from the previous reporting year for the DRE of abatement and the total uptime of all abatement systems in each stack system. The consumption of each F-GHG in each stack system would be estimated as the total gas consumption of that F-GHG times the ratio of the number of tools using that F-GHG that are feeding to that stack system to the total number of tools in the fab using that F-GHG. The reporter would convert the F-GHG emissions to CO2e using the global warming potential (GWP) values for F-GHG in Table A-1 of subpart A of Part 98. For F-GHG in Tables I-11 through I-15 for which Table A-1 of subpart A of Part 98 does not list a GWP value, reporters would use a default value of 2,000 for the GWP. Based on this preliminary estimate, the reporter would rank the F-GHG emitting stack systems at the facility from the lowest to highest emitting. The reporter would not have to test emissions from low-emitting stack systems, defined as those F-GHG emitting stack systems meeting all of the following three criteria:

(1) The sum of the F-GHG emissions from all combined stack systems in the fab that are not tested is less than 10,000 mtCO2e per year;

(2) Each of the stack systems that are not tested are within the fab's lowest F-GHG emitting stack systems that together emit 15 percent or less of total CO2e F-GHG emissions from the fab; and

(3) The F-GHG emissions from each of the stack systems that are not tested can be attributed to only one particular collection of process tools during the test (i.e., the stack cannot be used as a bypass from other tools that are normally vented through a stack system that does not meet these criteria).

For those low-emitting stack systems that are not tested, the reported F-GHG emissions would be the preliminary estimate made using the gas consumption and the gas utilization rates and by-product formation rates in proposed Tables I-11 through I-15 in subpart I, accounting for the DRE and uptime of the POU abatement systems. The default emission factors in proposed Tables I-11 through I-15 are simplified default emission factors based on just F-GHG species, and do not account for different rates by process type or sub-type. This approach minimizes reporting burden to industry because it does not require allocation of gas consumption between process types or sub-types (e.g., etch and chamber clean), as is required for the default emission factor based method. However, we recognize that there may be a need for facilities to reconfigure low-emitting stack systems following testing for production reasons. As a result, we are specifically requesting comment on how often such stack flow configuration changes occur. In addition, we are specifically requesting comment on whether reporters should be allowed to calculate emissions for low-emitting stack systems that are not tested using average fab-specific emission factors developed for the stack systems that are tested. We are specifically requesting comment on how such a provision would affect emission calculations from differences in gas and process types, and in DRE abatement system uptime between stack systems that are tested and stack systems that are not tested.

Stack testing requirements.For those higher-emitting stack systems in each fab that are not exempt from measurement, the reporter would measure each F-GHG concentration (parts per million by volume, ppmv) and the total stack flow to determine the hourly mass flow rate (kg/hr) of each F-GHG emitted from each applicable stack system. If a stack system has more than one stack from a common header, the reporter would be required to measure F-GHG concentration and flow in each stack from that header because it is known from prior testing that F-GHG concentrations and flow rates are not consistent in such systems because of incomplete mixing. The reporter would use EPA Method 320 or another validated method to measure F-GHG concentration, and EPA Methods 1 through 4 at 40 CFR part 60, appendices A-1, A-2, and A-3 to measure other stack gas parameters needed to convert F-GHG concentration to mass emissions for the test period. Reporters would also be required to measure the fab-specific consumption of each F-GHG for the test period.

Reporters would be required to determine the F-GHGs expected to be emitted from the stack system, including by-product F-GHG, based on a facility analysis of all F-GHGs consumed or emitted in the previous reporting year, and all F-GHGs expected to be consumed or emitted in the current reporting year by process tools vented to the stack system. Documented results of the analysis would be kept as a record by the facility. The facility would not be required to test for all F-GHG consumed in the previous year if they are no longer being used, but only to consider the use of those F-GHG in the analysis of the F-GHG previously consumed or emitted and expected to be consumed or emitted. The reporter would also need to consider in the analysis the by-product gases that are included in Tables I-3 to I-7 that are applicable to the reporter's industry segment (semiconductors, PV, MEMS, or LCD). Based on this analysis, reporters would be required to measure emissions for all F-GHG used as input gases and any expected by-product F-GHG, except for any intermittent low-use F-GHG. Intermittent low-use F-GHGs would be defined as F-GHG that meet all of the following:

(1) The F-GHG is used by the fab but was not used on the day of the actual stack testing;

(2) The emissions of that F-GHG do not constitute more than 5 percent of the total annual F-GHG emissions from the fab on a CO2e basis; and

(3) The sum of all F-GHG that are considered intermittent low-use F-GHGs does not exceed 10,000 mtCO2e for that year.

We are proposing that reporters would specifically test for CF4and C2F6as by-product F-GHG from all stack systems that are subject to testing. These two F-GHG are commonly formed by-product gases in the electronics manufacturing industry from the plasma etch and chamber cleaning process types, and some may also be formed in the abatement systems.

We are also considering an option that would require testing for all F-GHGs that have been identified as by-products of any input gas in previous testing throughout the electronics industry. This set would include C3F8, C4F6, C4F8, and CHF3in addition to CF4and C2F6. We are considering this option because the identities and quantities of by-products generated at a particular facility at a particular time can be difficult to predict, and the costs of testing for additional by-products are expected to be modest. In the one set of semiconductor facility stack tests that tested for the full range of potential by-products listed above, a perfluorocarbon (PFC) by-product was found, C3F8, which accounted for up to 40 percent of the GWP-weighted by-product emissions of the fab (and up to two percent of the total GWP-weighted emissions). If unexpected by-products occur in similar proportions at other facilities, failing to measure for them could lead to routine underestimates of emissions at those facilities. This option is discussed further in the memorandum “Technical Support for the Stack Test Option for Estimating Fluorinated Greenhouse Gas Emissions from Electronics Manufacturing Facilities under Subpart I,” Docket ID No. EPA-HQ-OAR-2011-0028. We are specifically requesting comment on the option of requiring facilities to test for the six by-products listed above.

Reporters would calculate annual emissions of intermittent low-use F-GHGs using the gas consumption and the gas utilization rates and by-product formation rates in proposed Tables I-11 through I-15 in the rule, accounting for the DRE and uptime of the POU systems during the year for which emissions are being estimated.

The testing period would be 8 hours for each stack, with the option for a longer duration. The EPA understands that a 24-hour testing duration may be burdensome and may increase testing costs; however, reporters could elect to conduct longer testing to improve the accuracy of gas consumption and F-GHG concentration measurements for gases used in smaller quantities.

Reporters would not be required to measure all stacks simultaneously, but reporters would be required to certify there are no changes between tests in the stack flow configuration (i.e., the relationship between sets of process tools and any connected POU systems and their corresponding waste streams that are ultimately vented through the stack). Reporters would also be required to certify there are no changes in the centralized abatement systems; if any are present. The tests would have to be conducted during a period in which the fab is operating at a representative operating level and with the POU abatement systems connected to the stack being tested operating with at least 90 percent uptime during the 8-hour (or longer) period, or at no less than 90 percent of the average uptime measured during the previous reporting year. The representative operating level would be considered to be operating the fab, in terms of substrate starts for the period of testing, at no less than 50 percent of installed production capacity or no less than 70 percent of the average production rate for the reporting year, where production rate for the reporting year is represented in average monthly substrate starts. For the purposes of stack testing, the period for determining the representative operating level must be the 30-day period ending on the same date on which testing is concluded.

To convert the measured F-GHG emission rates into fab-specific emission factors, the reporter would measure the consumption of each F-GHG used in the tools associated with the stack systems being tested, excluding gas consumption allocated to tools venting to low-emitting stack systems that are not tested. Consumption could be measured using gas flow meters, weigh scales, or pressure measurements (corrected for temperature and non-ideal gas behavior). For gases with low volume consumption for which it is infeasible to measure consumption accurately over the 8-hour testing duration, short-term consumption could be estimated by using one or more of the following:

(1) Drawing from single gas containers in cases where gas is normally drawn from a series of containers supplying a manifold;

(2) Increasing the length of the test period to greater than 8 hours; or

(3) Calculating consumption from long-term consumption (e.g., monthly) that is pro-rated to the test duration.

F-GHGs not detected by Method 320.The EPA is proposing that the concentrations of F-GHG in stacks systems be measured using EPA Method 320. This has been shown to be a valid method for measuring these target compounds, but it is expected that some F-GHG may occur in concentrations that are below the field detection limit (FDL), as defined in EPA Method 320. Therefore, we are proposing that the following procedures be followed to account for different scenarios in which a F-GHG is used, but not detected by Method 320 measurements:

• If a F-GHG is consumed during testing, but emissions are not detected, the reporter would use one-half of the FDL for the concentration of that F-GHG in calculations.

• If a F-GHG is consumed during testing and detected intermittently during the test run, the reporter would use the detected concentration for the value of that F-GHG when available and use one-half of the FDL for the value when the F-GHG is not detected.

• If a F-GHG is not consumed during testing but is detected intermittently as a by-product gas, the reporter would use the measured concentration when available and use one-half of the FDL for the value when the F-GHG is not detected.

• If a F-GHG is an expected by-product gas (e.g., CF4, C2F6, and other gases listed as by-products in Tables I-3, I-4, I-5, I-6, I-7, and proposed Tables I-11 to I-15) of the stack system tested and is not detected during the test run, use one-half of the FDL for the value of that F-GHG.

• If a F-GHG is not used, and is not an expected by-product of the stack system and is not detected, then assume zero emissions for that F-GHG for the tested stack system.

We are specifically requesting comment on the option of listing specific by-product gases as “expected” to be emitted even when they are not detected. Based on a review of the default emission factor tables listed above, CF4and C2F6are almost always generated as by-products (that is, they are generated by a wide range of process types and input gases), and CHF3is frequently generated. Other by-products appear to be generated less frequently. Thus, it may be appropriate to specify CF4and C2F6, and possibly also CHF3, as the set of by-products for which a value of one half of the FDL should be assumed in calculating emissions during the test. This approach would simplify the rule, provide certainty for purposes of implementation, and relieve facilities of the burden of determiningwhich by-products are “expected” to be emitted.

EPA Method 320 requires the specification of maximum FDLs because the FDLs achieved by a method and detector can have a significant impact on the quality of the measurements. For example, if the FDL for a F-GHG were so high that large emissions of that GHG were never detected, the uncertainty of the resulting emissions estimate (i.e., one-half the FDL), would be correspondingly high. The EPA is proposing maximum FDLs based on (1) review of the FDLs that have been achieved at three different semiconductor facilities, and (2) analysis of the magnitude of the emissions that would occur (in CO2e) at various possible maximum FDLs. The latter provides an indication of the uncertainty of emissions measurements using methods and detectors with those FDLs. The proposed maximum FDLs can be found in proposed Table I-10 of the regulatory text.

The EPA expects that the proposed treatment of these non-detect values using one-half of the FDL will avoid any potential under-counting of any F-GHGs that are expected to be in the emissions from a given process and F-GHG input gas combination. At the same time, the proposed treatment will provide a reasonable estimate of emissions of F-GHGs that occur in concentrations that are below the FDL. The EPA's analysis of testing data provided by the Petitioner has shown that emission measurements of gases known to be used and for which the concentration was below the FDL accounted for about 0.1 percent of F-GHG consumption and would account for about 0.1 percent of emissions on a CO2e basis if the concentration was assumed to be one-half of the FDL as outlined in this section (see “Technical Support for the Stack Test Option for Estimating Fluorinated Greenhouse Gas Emissions from Electronics Manufacturing Facilities under Subpart I,” Docket ID No. EPA-HQ-OAR-2011-0028).

Alternative stack test methods.To provide flexibility for facilities utilizing the stack test option, we are proposing that reporters may use an alternative stack test method to measure the concentration of F-GHG in each stack provided that the method is validated using EPA Method 301 of 40 CFR part 63, appendix A (hereafter “EPA Method 301”), and the EPA approves its use.

Under the proposed approval process in 40 CFR 98.94(k), the reporter would be required to notify the Administrator of the intent to use an alternative test method. The notification would need to include a test plan describing t