[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Rules and Regulations]
[Pages 10373-10381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3769]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 98
[EPA-HQ-OAR-2011-0512; FRL-9633-5]
RIN 2060-AR09
Greenhouse Gas Reporting Program: Electronics Manufacturing:
Revisions to Heat Transfer Fluid Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is finalizing technical revisions to the electronics
manufacturing source category of the Greenhouse Gas Reporting Rule
related to fluorinated heat transfer fluids. More specifically, EPA is
finalizing amendments to the definition of fluorinated heat transfer
fluids and to the provisions to estimate and report emissions from
fluorinated heat transfer fluids. This final rule is narrow in scope
and does not address any other changes related to the electronics
manufacturing source category.
DATES: This rule will be effective on March 23, 2012.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2011-0512. All documents in the docket are
listed in the http://www.regulations.gov index.
Although listed in the index, some information may not be publicly
available, e.g., confidential business information (CBI) or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and is publicly available in hard copy only. Publicly available docket
materials are available either electronically through http://www.regulations.gov or in hard copy at the EPA's Docket Center, EPA/DC,
EPA West Building, Room 3334, 1301 Constitution Ave. NW., Washington,
DC. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division,
Office of Atmospheric Programs (MC-6207J), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone
number: (202) 343-9263; fax number: (202) 343-2342; email address:
[email protected]. 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
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Source category NAICS Examples of affected facilities
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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.
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Table 1 of this preamble is not intended to be exhaustive, but
rather provides a guide for readers regarding facilities likely to be
affected by this action. Table 1 of this preamble lists the types of
facilities of which the EPA is aware could be potentially affected by
the reporting requirements. Other types of facilities not listed in the
table could also be affected. To determine whether you are affected by
this action, you should carefully examine the applicability criteria
found in 40 CFR part 98, subpart A and 40 CFR part 98, subpart I. If
you have questions regarding the applicability of this action to a
particular facility, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
Judicial Review. Under CAA section 307(b)(1), judicial review of
this final rule is available only by filing a petition for review in
the U.S. Court of Appeals for the District of Columbia Circuit (the
Court) by April 23, 2012. Under CAA section 307(d)(7)(B), only an
objection to this final rule that was raised with reasonable
specificity during the period for public comment can be raised during
[[Page 10374]]
judicial review. Section 307(d)(7)(B) of the CAA also provides a
mechanism for the EPA to convene a proceeding for reconsideration,
``[i]f the person raising an objection can demonstrate to EPA that it
was impracticable to raise such objection within [the period for public
comment] or if the grounds for such objection arose after the period
for public comment (but within the time specified for judicial review)
and if such objection is of central relevance to the outcome of the
rule.'' Any person seeking to make such a demonstration to us should
submit a Petition for Reconsideration to the Office of the
Administrator, Environmental Protection Agency, Room 3000, Ariel Rios
Building, 1200 Pennsylvania Ave. NW., Washington, DC 20460, with a copy
to the person listed in the preceding FOR FURTHER INFORMATION CONTACT
section, and the Associate General Counsel for the Air and Radiation
Law Office, Office of General Counsel (Mail Code 2344A), Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20004.
Note that under CAA section 307(b)(2), the requirements established by
this final rule may not be challenged separately in any civil or
criminal proceedings brought by the EPA to enforce these requirements.
Acronyms and Abbreviations. The following acronyms and
abbreviations are used in this document.
CAA Clean Air Act
CARB California Air Resources Board
CBI confidential business information
CFR Code of Federal Regulations
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
[[Page 10375]]
variety of CAA provisions. As discussed in the preamble to the initial
proposal (74 FR 16448, April 10, 2009), CAA section 114(a)(1)
authorizes the Administrator to require emissions sources, persons
subject to the CAA, manufacturers of process or control equipment, and
persons whom the Administrator believes may have necessary information
to monitor and report emissions and provide such other information the
Administrator requests for the purposes of carrying out any provision
of the CAA. For further information about the EPA's legal authority,
see the preambles to the proposed and final rule, and related Response
to Comments Documents.
D. How Confidential Business Information Determinations and the
Deferral of Inputs to Emission Equations Are Affected by Today's Action
The EPA finalized several rulemakings in 2011 in response to
concerns related to the reporting and publication of information that
may be considered CBI.
On May 26, 2011, the EPA promulgated confidentiality determinations
for certain data elements required to be reported under Part 98 and
finalized amendments to the Special Rules Governing Certain Information
Obtained Under the Clean Air Act, which authorizes the EPA to release
or withhold as confidential reported data according to the
confidentiality determinations for such data without taking further
procedural steps (76 FR 30782, hereinafter referred to as the ``May 26,
2011 Final CBI Rule'').
On August 25, 2011, the EPA published a final rule that deferred
the reporting deadline for data elements that are used by direct
emitter reporters, including those under subpart I, as inputs to
emission equations under the Mandatory Greenhouse Gas Reporting Rule
(76 FR 53057). In that final rule, the EPA deferred the deadline for
reporting subpart I inputs to emission equations based on the 2010
final rules for 40 CFR part 98, subpart I (75 FR 74774, December 1,
2010). With respect to the subject of today's rule, emissions of
fluorinated HTFs, the EPA deferred the deadline for reporting inputs to
the fluorinated HTF mass balance equation (Equation I-16) as required
in 40 CFR 98.95(r) until March 31, 2015 and those elements have not
changed as a result of today's final rule.
The May 26, 2011 Final CBI Rule only addressed reporting of data
elements in 34 subparts that were determined not to be inputs to
emission equations and, therefore, were not proposed to have their
reporting deadline deferred. Furthermore, that rule also did not make
confidentiality determinations for eight subparts, including subpart I,
for which reporting requirements were finalized after the publication
of the CBI proposals (July 7, 2010 CBI proposal at 75 FR 39094 and July
27, 2010 supplemental proposal at 75 FR 43889).
Instead, on January 10, 2012 (77 FR 1434), the EPA proposed CBI
determinations for non-inputs data elements from six of the eight
subparts not included in the 2010 rulemakings. CBI determinations for
the non-inputs data elements of the two remaining subparts, subpart I
and subpart W, are being addressed in separate actions.
As stated above, the EPA intends to propose and finalize CBI
determinations for subpart I (both non-inputs and inputs to emissions
equations) in separate actions. The agency's goal is to finalize CBI
determinations for the non-inputs before the deadline for reporting
2011 data (September 28, 2012).
With respect to the two new subpart I reporting requirements
finalized today (40 CFR 98.96(u) and (v)) discussed in detail in
Section II.A of this preamble, these are not inputs to emissions
equations and EPA is planning to finalize CBI determinations for these
two data elements in separate actions prior to the deadline for
reporting these data elements to the EPA. For more information
generally on the various actions related to treatment of data that may
be considered CBI, please see the GHGRP Web site dedicated to CBI at
http://www.epa.gov/climatechange/emissions/CBI.html.
II. Overview of Amendments to the Electronics Manufacturing Source
Category
A. Summary of Final Amendments to the Electronics Manufacturing Source
Category
In this action, the EPA is finalizing amendments to subpart I
regarding the calculation and reporting of emissions of fluorinated
HTFs. More specifically, the EPA is finalizing the changes to the
definition of fluorinated HTFs and to the provisions to estimate and
report emissions of fluorinated HTFs that were proposed on September 9,
2011 (76 FR 56010), with the following five refinements.
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 end-of-year inventories that
are solely attributable to the change in the scope of subpart I. In
addition, EPA is clarifying that 40 CFR 98.94(h) applies to each
fluorinated HTF just as it applies to each fluorinated GHG and
nitrous oxide (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 time-period of January 1, 2012 through
December 31, 2012 or for the time period of March 23, 2012 through
December 31, 2012. Beginning in 2013, facilities will be required to
calculate and report emissions from all fluorinated HTFs for the
entirety of the reporting year (i.e., January 1 through December 31).
The EPA does not expect that facilities will have any difficulty
beginning to estimate emissions of newly included fluorinated HTFs on
either January 1, 2012 or March 23, 2012. In summary, as finalized in
the
[[Page 10376]]
December 2010 final rule (75 FR 74774), the subpart I provisions for
estimating and reporting emissions of fluorinated HTFs require a simple
mass balance methodology where the facility is required to track
inventories at the beginning and end of the year, acquisitions and
disbursements of fluorinated HTFs, and the nameplate capacity of only
newly installed and removed equipment containing fluorinated HTFs.
B. Summary of Comments and Responses Submitted on the Electronics
Manufacturing Source Category
The EPA received comments from two entities. In general, one
commenter supported the EPA's proposed changes to the definition of
fluorinated HTFs, and the other commenter, while not objecting in
principle to including high global warming potential (GWP) HTFs in
subpart I irrespective of their vapor pressure, argued that the
proposed definition of fluorinated HTFs is overly broad and suggested
changes to narrow it. The second commenter also had a number of
comments requesting that the set of fluorinated chemicals and
applications included in Part 98 be narrowed. As discussed below, EPA
has concluded that these broader comments are outside the scope of this
rule. However, it is important to note that the Agency is open to
considering any of these broader issues, as appropriate, in future
actions.
The Agency further notes that many of the chemicals for which
exemptions were requested are likely excluded from Part 98, because
they are used in applications that fall outside the definition of
fluorinated heat transfer fluid or fluorinated GHG. The 1 millimeter
mercury (mm Hg) vapor pressure at 25 [deg]C limit remains in effect for
fluorinated chemicals that are used in applications outside of the
definition of fluorinated heat transfer fluid. Therefore, the EPA
concluded the change to the definition of heat transfer fluid defined
in this rule is sufficient to provide the necessary exclusions. All
comments are summarized and addressed in more detail below.
Definition of Heat Transfer Fluids
Comment: One commenter supported the proposed changes to subpart I
that amended the definition of HTFs. The commenter stated that the
changes will result in more comprehensive reporting of HTFs, including
those with high GWP.
Another commenter asserted that the EPA's proposed definition for
HTFs is overly broad and argued that it includes applications that do
not involve heat transfer, such as cleaning processes. The commenter
stated that the proposed language fails to distinguish between de
minimis sources of emissions within a facility and between production
and non-production operations. The commenter asserted that tracking
substances that are not used in ``heat transfer'' applications would be
extremely burdensome and that given their design and intended use, the
materials are expected to generate insignificant emissions. The
commenter argued that eliminating the vapor pressure cutoff and
finalizing a definition of HTFs that includes applications that do not
involve ``heat transfer'' would exacerbate these issues. The commenter
suggested several revisions to the proposed definitions of HTF and
fluorinated GHG to narrow the scope of those definitions.
First, the commenter, in response to EPA's request for comment in
this issue, strongly supported the exclusion of greases, oils, and
lubricants from the definition of HTFs, and suggested the definition be
modified to explicitly exclude these applications. The commenter agreed
with the EPA's statement that these ``applications do not typically
occur at temperatures at which lubricants would volatilize,'' and
further argued that for greases, oils, and lubricants to serve their
primary purpose, it is necessary that they not volatilize. In addition,
the commenter stated that: (1) These materials are used within systems
that must be designed to prevent leaks; (2) greases, oils, and
lubricants are essential for equipment functioning; and (3) the loss of
a lubricant may result in equipment damage. The commenter concluded
that these substances are unlikely to be emitted into the atmosphere in
the semiconductor manufacturing process and argued they are used in
small quantities.
This commenter also supported explicitly excluding fluorinated
surfactants from subpart I HTF consumption and emission reporting
requirements. The commenter noted that fluorinated surfactants may be
added to lithography chemical formulations and aqueous polishing
slurries, among other things. The commenter explained that fluorinated
surfactants are added in minimal quantities (concentrations are
typically around a fraction of a percent) and that they are designed to
remain in solution to be effective. For this reason, the commenter
argued, the potential for surfactant emissions is very limited. The
commenter also stated that the identity of surfactants may be highly
proprietary and in some cases not disclosed on Material Safety Data
Sheets (MSDS). The commenter provided several MSDS to support their
suggested explicit exclusions of oils, greases, lubricants, and
surfactants.
To address the issues mentioned above, the second commenter
recommended that the definition of HTFs and fluorinated GHGs be
modified. Specifically, the commenter suggested that EPA only include
the concept of substances used ``solely or primarily to transfer heat
by radiation, conduction, convection or a combination of these
methods'' in the definition of HTFs. The commenter also suggested that
the definition of fluorinated GHGs in subpart A explicitly exclude
greases, oils, lubricants, polymers, and surfactants whose primary
purpose is not heat transfer. The commenter concluded that these
changes would clarify the EPA's intent not to encompass other, non-heat
transfer fluorinated materials.
Response: The EPA agrees with the first commenter that the revised
definition of fluorinated HTFs will result in more comprehensive
reporting of high-GWP HTF emissions, as the EPA originally intended.
With respect to the comment that the EPA should exclude specific
applications from the definition, the EPA acknowledges that it may be
helpful to explicitly exclude some applications from the definition of
fluorinated HTFs that it did not intend to capture; these applications
include uses as lubricants (such as greases and oils) and surfactants.
While the EPA continues to interpret the proposed definition of
fluorinated HTFs to already exclude these applications (because it did
not specifically list them), the agency has determined that explicitly
excluding them may further clarify the definition. The EPA agrees with
the commenter that these applications typically occur under conditions
where the substances would not volatize and would not result in
atmospheric emissions. The EPA concluded the change to the definition
of heat transfer fluid is sufficient to provide the necessary
exclusions and ensure that chemicals such as lubricants and embedded
solid polymers are not covered.
The EPA is not explicitly excluding ``polymers'' because it is not
specifically an application. As explained above, in response to the
comments, EPA added exclusions to the definition of HTF based on
applications. The EPA acknowledges that, in many cases, fluorocarbon
polymers are solids at room temperature and will not meet the
definition of a fluorinated HTF. Polymers with vapor pressures well
[[Page 10377]]
below 1 mm Hg absolute at 25 [deg]C are unsuitable for use in the
applications included in the definition of fluorinated HTF (e.g.,
because its melting point or viscosity is too high). Moreover, it will
not otherwise be subject to subpart I because, with a vapor pressure
below 1 mm Hg absolute at 25 [deg]C, it will not meet the definition of
a fluorinated GHG. On the other hand, if a polymer is used in
applications included in the definition of fluorinated HTF, it is
likely to be used under conditions (e.g., high temperatures) where
emissions may occur. The definition of fluorinated HTF will
appropriately include the polymer under these circumstances.
In this final rule, the EPA is finalizing the following definition
of fluorinated heat transfer fluids: ``Fluorinated heat transfer fluids
means fluorinated GHGs used for temperature control, device testing,
cleaning substrate surfaces and other parts, and soldering in certain
types of electronics manufacturing production processes. Fluorinated
heat transfer fluids do not include fluorinated GHGs used as lubricants
or surfactants. For fluorinated heat transfer fluids under this subpart
I, the lower vapor pressure limit of 1 mm Hg in absolute at 25 [deg]C
in the definition of Fluorinated greenhouse gas in 40 CFR 98.6 shall
not apply. Fluorinated heat transfer fluids used in the electronics
manufacturing sector include, but are not limited to,
perfluoropolyethers, perfluoroalkanes, perfluoroethers, tertiary
perfluoroamines, and perfluorocyclic ethers.'' The EPA believes that
this final definition of fluorinated HTFs will ensure that all
fluorinated HTFs used in electronics manufacturing and susceptible to
being emitted in the atmosphere are appropriately monitored and
reported under subpart I, and that the EPA will receive valuable
emissions information on the full range of volatile fluorinated HTFs
used in electronics manufacturing.
While the EPA agrees that it is appropriate to modify the
definition of fluorinated HTFs in subpart I to explicitly exclude,
lubricants (such as greases and oils), and surfactants, the EPA does
not agree with the commenter's suggestion to modify both the definition
of fluorinated HTFs and the definition of fluorinated GHGs in 40 CFR
part 98, subpart A. Making changes to the general definition of
fluorinated GHGs in 40 CFR part 98, subpart A for purposes of subpart I
only is not appropriate, because this definition applies to multiple
other subparts. Further, such a modification is outside the scope of
this rulemaking because the EPA did not propose any changes to the
definition of fluorinated GHGs. However, the Agency notes that many of
the chemicals for which exemptions were requested are likely excluded
from Part 98 because they are used in applications that fall outside
the definition of fluorinated heat transfer fluid. Moreover, the
definition of fluorinated GHG retains the 1 mm Hg at 25 [deg]C vapor
pressure limit and these chemicals generally have a vapor pressure
below that limit.
The EPA also does not agree with the suggestion to remove the
clause, ``device testing, cleaning substrate surfaces and other parts,
and soldering,'' from the definition. All of these applications were
included in the December 1, 2010 final rule (75 FR 74775). In the
proposed rule, the EPA did not intend to modify the set of applications
included in the definition of fluorinated HTFs, but rather to clarify
the definition to cover all fluorocarbons (except for ozone depleting
substances regulated under the EPA's Stratospheric Protection
Regulations at 40 CFR part 82) that can enter the atmosphere under the
conditions in which fluorinated HTFs are used in the electronics
manufacturing industry.
Similarly, the EPA is not revising the definition of fluorinated
HTFs to limit it to substances used ``solely or primarily to transfer
heat by radiation, conduction, convection or a combination of these
methods.'' This definition would not include all of the applications in
electronics manufacturing in which fluorocarbons are used at high
temperatures and can therefore enter the atmosphere. The EPA believes
that by explicitly excluding certain items from the definition we can
address the commenter's primary concerns without restructuring the
definition.
Burden
Comment: One commenter expressed concern that unless the EPA made
its recommended changes (i.e., modifications to the scope of Part 98 to
explicitly exclude certain substances and related provisions), the
burden associated with the monitoring, reporting, recordkeeping, and
quality assurance and quality control (QA/QC) requirements under
subpart I would be unjustified (40 CFR 98.92(a)(6), 98.93(s), 98.94(h),
and 98.96(g)). The commenter expressed the opinion that materials
covered by the HTF provisions are expected to generate insignificant
emissions.
Response: With respect to the commenter's concern about the burden
associated with modifying the fluorinated HTF definition, the only
change in burden relative to the current subpart I requirements is
associated with the inclusion of fluorinated HTFs whose vapor pressures
fall below 1 mm Hg absolute at 25 [deg]C. This action aligns the
reporting requirements with the EPA's original intention to include all
fluorocarbons that can enter the atmosphere under the conditions in
which fluorinated HTFs are used in the electronics manufacturing
industry. The set of applications included in the definition
(temperature control, device testing, cleaning substrate surfaces and
other parts, and soldering in certain types of electronics
manufacturing production processes) is the same as in the December 1,
2010 final rule. As the EPA stated in the preamble of the proposed
rule, the EPA's burden estimates for the December 2010 final rule were
based on reporting of all fluorinated HTFs; therefore the
clarifications in this final rule do not impose additional burden on
reporters (76 FR 56010, September 9, 2011). In addition, in this final
rule, the EPA has included flexibility provisions to reduce burden
associated with monitoring and reporting of fluorinated HTF emissions.
The other comments that the commenter provided on burden (i.e.,
comments not directly related to the definition of fluorinated HTFs or
the provisions to calculate and report them) are outside the scope of
this rule as the EPA did not propose any changes to those sections.
Flexibility for Reported Fluorinated HTF Emissions
Comment: In response to the EPA's request for comment on whether
reporters should be given flexibility under 40 CFR 98.93(h) to report
either a chemical's emissions from all applications or its emissions
from only the applications included in the HTF definition, one
commenter asserted that flexibility is needed. The commenter advocated
flexibility to reduce the burden associated with separately quantifying
and tracking consumption due to miscellaneous non-HTF applications. The
commenter stated that numerous materials used in semiconductor
manufacturing may have non-HTF applications, and the burden of
identifying and categorizing the different material would be
significant.
Response: To provide flexibility, the EPA has finalized provisions
to give facilities the option to avoid maintaining a separate supply of
the chemical for purposes of tracking fluorinated HTF emissions, as
would otherwise be required for the mass-balance calculation. Where a
fluorinated chemical is used in both HTF and non-
[[Page 10378]]
HTF applications, the EPA is revising provisions in 40 CFR 98.93(h)(1)
to allow facilities to estimate and report emissions either from all
applications or from only those covered in the definition of
``fluorinated heat transfer fluids.'' The EPA concluded that this
flexibility would result in a reduction of burden for all electronics
manufacturing facilities. Further, as the EPA stated in the preamble to
the proposed rule, the EPA understands that emissions from the non-HTF
applications would make up a small fraction of the total. To ensure
that the EPA understands whether emissions reported are from all
applications of a fluorinated chemical or only from applications
specified in the definition of fluorinated HTFs, the EPA is requiring
facilities to report which approach they took in estimating emissions
(40 CFR 98.94(u)). The EPA has concluded that the burden associated
with the data reporting requirement is minimal and is balanced by the
flexibility provided.
Reporting Requirements for Newly Included Fluorinated HTFs
Comment: One commenter strongly supported EPA's proposal to apply
the requirement to report newly included fluorinated HTFs (i.e., HTFs
with a vapor pressure of less than 1 mm Hg absolute at 25 [deg]C) to
emissions that occur in 2012 and beyond, but not to 2011 emissions. The
commenter asserted that because of the specific exclusion of these HTFs
in the December 1, 2010, rule (75 FR 74774), many facilities may not
have records available for 2011 to support reporting of emissions.
Response: In this final rule, the EPA is requiring facilities to
begin to estimate and report emissions from newly-included fluorinated
HTFs (that is, HTFs whose vapor pressures fall below 1 mm Hg absolute
at 25 [deg]C) for emissions that occur in 2012. For reporting year
2012, the EPA is allowing facilities to select either the time-period
of January 1, 2012 through December 31, 2012 or March 23, 2012 through
December 31, 2012. The EPA has concluded that this flexibility will
provide facilities sufficient time to comply with the revisions. To
ensure that the EPA can ascertain the time period over which reported
2012 emissions occurred, the EPA is requiring that, for 2012 only,
facilities report the date selected to begin accounting for the newly
included fluorinated HTFs (40 CFR 98.94(v)). Beginning in 2013,
facilities will be required to estimate and report emissions from the
entire reporting year (e.g., January 1 through December 31).
Other Comments
Comment: One commenter observed that the definition of
``fluorinated GHGs'' proposed by the California Air Resources Board
(CARB) in their proposed GHG reporting rule is consistent with the U.S.
EPA definition. The commenter noted that the consistency will help
minimize the burden associated with the various reporting requirements.
The commenter further encouraged the EPA to work with CARB to establish
a consistent definition of HTFs if and when CARB does require reporting
of HTFs. Lastly, the commenter also suggested minor edits to the
explanation of vapor phase soldering in order to make the EPA's
statement from the proposed preamble (September 9, 2011, 76 FR 56010)
more technically accurate.
Response: The EPA acknowledges the commenter's suggestion for the
EPA to work with CARB to maintain consistency in the definition of
fluorinated HTFs. As the EPA stated in the preamble to the GHG
Reporting Rule in 2009, ``EPA is committed to working with State and
regional programs to coordinate implementation of reporting programs,
reduce burden on reporters, provide timely access to verified emissions
data, establish mechanisms to efficiently share data, and harmonize
data systems to the extent possible'' (74 FR 56260, October 30, 2009).
The EPA also appreciates the commenter's clarifications of the process
of vapor phase soldering.
Comment: One commenter provided recommendations to address the
burden of reporting obligations for fluorinated materials with de
minimis emissions of GHGs. The commenter suggested that a de minimis
threshold for reporting be adopted under subpart I, 40 CFR 98.92(a)(6),
98.93(c), 98.94(h), and 98.96(g), to reduce reporting burden for
miscellaneous fluorinated materials. In addition, the commenter
suggested that EPA modify subpart I to clarify that 98.92(a)(6) applies
only to materials used in manufacturing processes and not for other
purposes, such as the operation and maintenance of the facility (e.g.,
fluorinated surfactant in anti-static floor finish) and facility
infrastructure systems (e.g., refrigerants for HVAC).
Response: The comments related to the adoption of a de minimis
threshold for specific consumption reporting requirements in subpart I
that are not related to the definition of fluorinated HTFs (e.g., 40
CFR 98.92(a)(6), 98.93(c), 98.94(h), and 98.96(g)) are outside the
scope of this rule because EPA did not propose any changes to those
sections regarding reporting thresholds or suggest that a de minimis
threshold would be adopted.\1\
---------------------------------------------------------------------------
\1\ On the topic of de minimis in general, EPA directs the
commenter to the Final MRR where EPA determined that de minimis
provisions were not necessary because they would compromise the
quality and usefulness of the data collected (74 FR 56260, October
2009). For additional background on EPA's decisions to exclude de
minimis provisions, please see response to comments in the preamble
to the Final MRR (74 FR 56278-56279, October 30, 2009) and also
``Reporting Methods for Small Emission Points (De Minimis
Reporting)'' (EPA-HQ-OAR-2008-0508-0048).
---------------------------------------------------------------------------
With respect to the commenter's suggestion to limit the scope of 40
CFR 98.92(a)(6) to materials used in manufacturing processes and not
for other purposes, such as the operation and maintenance of the
facility and facility infrastructure systems, is also outside the scope
of this rule. EPA did not propose to narrow the scope of reporting
under subpart I. For this reason, EPA is not taking action at this time
regarding the commenter's suggestion. However, in a separate future
action, the Agency may consider whether a modification to this
reporting requirement is appropriate.
III. Economic Impacts of the Rule
The amendments finalized in this action are intended to clarify the
intent of EPA to include all fluorocarbons that can enter the
atmosphere under the conditions in which fluorinated HTFs are used in
the electronics manufacturing industry. Overall, these revisions are
not expected to have a significant effect on the economy and an
economic impact analysis is not required.
IV. Statutory and Executive Order Review
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
The final amendments to subpart I will carry out the agency's
intent to require reporting of emissions of all fluorocarbons used as
fluorinated HTFs in the electronics manufacturing industry. This was
the intent of the subpart I reporting requirements for fluorinated HTFs
finalized on December 1, 2010 (75 FR 74774), and this intent was
reflected in the Information
[[Page 10379]]
Collection Request (ICR) prepared during that rulemaking. Thus, the
final amendments will not increase the EPA or industry burden beyond
that estimated in the ICR.
The Office of Management and Budget (OMB) has previously approved
the information collection requirements contained in the existing
regulations and 40 CFR part 98, subpart I (75 FR 74774, December 1,
2010), under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. and has assigned OMB control number 2060-0650. The OMB
control numbers for the EPA's regulations in 40 CFR are listed in 40
CFR part 9. Burden is defined at 5 CFR 1320.3(b).
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.
C. Regulatory Flexibility Act (RFA)
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The small
entities directly regulated by this final rule are facilities included
in NAICS codes for Semiconductor and Related Device Manufacturing
(334413) and Other Computer Peripheral Equipment Manufacturing
(334119). As shown in Tables 5-13 and 5-14 of the Economic Impact
Analysis for the Mandatory Reporting of Greenhouse Gas Emissions Final
Rule (74 FR 56260, October 30, 2009) available in docket number EPA-HQ-
OAR-2008-0508, the average ratio of annualized reporting program costs
to receipts of establishments owned by model small enterprises was less
than 1 percent for industries presumed likely to have small businesses
covered by the reporting program.
Further, the EPA has clarified its intent and revised specific
provisions to reflect what must be reported. While these revisions
expand the scope of fluorocarbons that must be reported, EPA's burden
estimates were based reporting of all fluorinated HTFs; therefore, the
clarification of intent does not impose additional burden on reporters.
We have therefore concluded that this action will not impose additional
regulatory burden for all affected small entities.
D. Unfunded Mandates Reform Act (UMRA)
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538, requires federal agencies, unless otherwise
prohibited by law, to assess the effects of their regulatory actions on
state, local, and tribal governments and the private sector. Federal
agencies must also develop a plan to provide notice to small
governments that might be significantly or uniquely affected by any
regulatory requirements. The plan must enable officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant federal
intergovernmental mandates and must inform, educate, and advise small
governments on compliance with the regulatory requirements.
These final rule amendments do not contain a federal mandate that
may result in expenditures of $100 million or more for state, local,
and tribal governments, in the aggregate, or the private sector in any
one year. Thus, the proposed rule amendments were not subject to the
requirements of section 202 and 205 of the UMRA. This rule is also not
subject to the requirements of section 203 of UMRA because it contains
no regulatory requirements that might significantly or uniquely affect
small governments.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. Few, if any, state or local
government facilities would be affected by the provisions in this final
rule. This regulation also does not limit the power of states or
localities to collect GHG data and/or regulate GHG emissions. Thus,
Executive Order 13132 does not apply to this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). During the
finalization of subpart I, the EPA undertook the necessary steps to
determine the impact of those rules on tribal entities and provided
supporting documentation demonstrating the results of the agency's
analyses. The rule amendments in this action do not impose any
significant changes to the current reporting requirements contained 40
CFR part 98, subpart I. Thus, Executive Order 13175 does not apply to
this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs the EPA to
[[Page 10380]]
provide Congress, through OMB, explanations when the agency decides not
to use available and applicable voluntary consensus standards.
This final action does not involve technical standards. Therefore,
the EPA did not consider the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
The EPA has determined that this action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations. This rule does not
affect the level of protection provided to human health or the
environment because it is a rule addressing information collection and
reporting procedures.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the U.S. A major
rule cannot take effect until 60 days after it is published in the
Federal Register. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2). This rule will be effective on March 23, 2012.
List of Subjects in 40 CFR Part 98
Environmental protection, Administrative practice and procedure,
Greenhouse gases, Incorporation by reference, Reporting and
recordkeeping requirements.
Dated: February 10, 2012.
Lisa P. Jackson,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is amended as follows:
PART 98--[AMENDED]
0
1. The authority citation for part 98 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart I--[Amended]
0
2. Section 98.90 is amended by revising paragraph (a)(5) to read as
follows:
Sec. 98.90 Definition of the source category.
* * * * *
(a) * * *
(5) Any electronics manufacturing production process in which
fluorinated heat transfer fluids are used to cool process equipment, to
control temperature during device testing, to clean substrate surfaces
and other parts, and for soldering (e.g., vapor phase reflow).
0
3. Section 98.91 is amended by revising the definition of ``[delta]''
in Equation I-4 in paragraph (a)(4) to read as follows:
Sec. 98.91 Reporting threshold.
* * * * *
(a) * * *
(4) * * *
[delta] = Factor accounting for fluorinated heat transfer fluid
emissions, estimated as 10 percent of total annual production
process emissions at a semiconductor facility. Set equal to 1.1 when
Equation I-4 of this subpart is used to calculate total annual
production process emissions from semiconductor manufacturing. Set
equal to 1 when Equation I-4 of this subpart is used to calculate
total annual production process emissions from MEMS, LCD, or PV
manufacturing.
* * * * *
0
4. Section 98.92 is amended by revising paragraph (a) introductory text
and paragraph (a)(5) to read as follows:
Sec. 98.92 GHGs to report.
(a) You must report emissions of fluorinated GHGs (as defined in
Sec. 98.6), N2O, and fluorinated heat transfer fluids (as
defined in Sec. 98.98). The fluorinated GHGs and fluorinated heat
transfer fluids that are emitted from electronics manufacturing
production processes include, but are not limited to, those listed in
Table I-2 to this subpart. You must individually report, as
appropriate:
* * * * *
(5) Emissions of fluorinated heat transfer fluids.
* * * * *
0
5. Section 98.93 is amended by:
0
a. Revising paragraph (h) introductory text.
0
b. Revising the definition of ``EHi'' in Equation I-16 in
paragraph (h).
0
c. Revising the definition of ``i'' in Equation I-16 in paragraph (h).
0
d. Adding paragraph (h)(1).
0
e. Adding paragraph (h)(2).
Sec. 98.93 Calculating GHG emissions.
* * * * *
(h) If you use fluorinated heat transfer fluids, you must report
the annual emissions of fluorinated heat transfer fluids using the mass
balance approach described in Equation I-16 of this subpart.
* * * * *
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 Sec. 98.98.
(2) For the 2012 reporting year, you may calculate and report
emissions of fluorinated heat transfer fluids whose vapor pressure
falls below 1 mm Hg absolute at 25 [deg]C either for the time period
January 1, 2012 through December 31, 2012 or for the time period March
23, 2012 through December 31, 2012. The term ``reporting year'' in
Equation I-16 shall be interpreted to be consistent with the time
period selected. In addition, for the 2012 reporting year
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 [deg]C. Starting in the reporting year 2013, you must calculate
and report emissions of all fluorinated heat transfer fluids for the
entirety of the reporting year.
0
6. Section 98.94 is amended by revising paragraph (h) introductory text
and paragraph (h)(3) to read as follows:
Sec. 98.94 Monitoring and QA/QC requirements.
* * * * *
(h) You must adhere to the QA/QC procedures of this paragraph (h)
when
[[Page 10381]]
calculating annual gas consumption for each fluorinated GHG and
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 end-of-the-year
inventory of fluorinated heat transfer fluids in 2011 and the
beginning-of-the-year inventory of the same in 2012.
* * * * *
0
7. Section 98.95 is amended by revising paragraph (b) to read as
follows:
Sec. 98.95 Procedures for estimating missing data.
* * * * *
(b) If you use fluorinated heat transfer fluids at your facility
and are missing data for one or more of the parameters in Equation I-16
of this subpart, you must estimate fluorinated heat transfer fluid
emissions using the arithmetic average of the emission rates for the
reporting year immediately preceding the period of missing data and the
months immediately following the period of missing data. Alternatively,
you may estimate missing information using records from the fluorinated
heat transfer fluid supplier. You must document the method used and
values used for all missing data values.
0
8. Section 98.96 is amended by:
0
a. Revising paragraph (c)(4).
0
b. Revising paragraph (r).
0
c. Revising paragraph (s).
0
d. Adding paragraph (u).
0
e. Adding paragraph (v).
Sec. 98.96 Data reporting requirements.
* * * * *
(c) * * *
(4) Each fluorinated heat transfer fluid emitted as calculated in
Equation 1-16 of this subpart.
* * * * *
(r) For fluorinated heat transfer fluid emissions, inputs to the
fluorinated heat transfer fluid mass balance equation, Equation I-16 of
this subpart, for each fluorinated heat transfer fluid used.
(s) Where missing data procedures were used to estimate inputs into
the fluorinated heat transfer fluid mass balance equation under Sec.
98.95(b), the number of times missing data procedures were followed in
the reporting year, the method used to estimate the missing data, and
the estimates of those data.
* * * * *
(u) For each fluorinated heat transfer fluid used, whether the
emission estimate includes emissions from all applications or from only
the applications specified in the definition of fluorinated heat
transfer fluids in Sec. 98.98.
(v) For reporting year 2012 only, the date on which you began
monitoring emissions of fluorinated heat transfer fluids whose vapor
pressure falls below 1 mm Hg absolute at 25 [deg]C. This is either
January 1, 2012 or March 23, 2012.
0
9. Section 98.98 is amended by removing the definition of ``Heat
transfer fluids'' and adding the definition of ``Fluorinated heat
transfer fluids'' in alphabetical order to read as follows:
Sec. 98.98 Definitions.
* * * * *
Fluorinated heat transfer fluids means fluorinated GHGs used for
temperature control, device testing, cleaning substrate surfaces and
other parts, and soldering in certain types of electronics
manufacturing production processes. Fluorinated heat transfer fluids do
not include fluorinated GHGs used as lubricants or surfactants. For
fluorinated heat transfer fluids under this subpart I, the lower vapor
pressure limit of 1 mm Hg in absolute at 25 [deg]C in the definition of
Fluorinated greenhouse gas in Sec. 98.6 shall not apply. Fluorinated
heat transfer fluids used in the electronics manufacturing sector
include, but are not limited to, perfluoropolyethers, perfluoroalkanes,
perfluoroethers, tertiary perfluoroamines, and perfluorocyclic ethers.
* * * * *
0
10. Table I-2 to Subpart I is revised to read as follows:
Table I-2 to Subpart I of Part 98--Examples of Fluorinated GHGs and
Fluorinated Heat Transfer Fluids Used by the Electronics Industry
------------------------------------------------------------------------
Fluorinated GHGs and
fluorinated heat transfer
Product type fluids used during
manufacture
------------------------------------------------------------------------
Electronics............................... CF4, C2F6, C3F8, c-C4F8, c-
C4F8O, C4F6, C5F8, CHF3,
CH2F2, NF3, SF6, and
fluorinated HTFs (CF3-(O-
CF(CF3)-CF2)n-(O-CF2)m-O-
CF3, CnF2n+2,
CnF2n+1(O)CmF2m+1, CnF2nO,
(CnF2n+1)3N).
------------------------------------------------------------------------
[FR Doc. 2012-3769 Filed 2-21-12; 8:45 am]
BILLING CODE 6560-50-P