View all text of Subpart I [§ 98.90 - § 98.98]

§ 98.96 - Data reporting requirements.

In addition to the information required by § 98.3(c), you must include in each annual report the following information for each electronics manufacturing facility:

(a) Annual manufacturing capacity of each fab at your facility used to determine the annual manufacturing capacity of your facility in Equation I-5 of this subpart.

(b) For facilities that manufacture semiconductors, the diameter of wafers manufactured at each fab at your facility (mm).

(c) Annual emissions, on a fab basis as described in paragraph (c)(1) through (5) of this section.

(1) When you use the procedures specified in § 98.93(a), each fluorinated GHG emitted from each process type for which your fab is required to calculate emissions as calculated in equations I-6, I-7, and I-9 to § 98.93.

(2) When you use the procedures specified in § 98.93(a), each fluorinated GHG emitted from each process type or process sub-type as calculated in equations I-8A and I-8B to § 98.93, as applicable.

(3) N2O emitted from all chemical vapor deposition processes and N2O emitted from the aggregate of other N2O-using manufacturing processes as calculated in Equation I-10 of this subpart.

(4) Each fluorinated heat transfer fluid emitted as calculated in Equation 1-16 of this subpart.

(5) When you use the procedures specified in § 98.93(i) of this subpart, annual emissions of each fluorinated GHG, on a fab basis.

(d) The method of emissions calculation used in § 98.93 for each fab.

(e) Annual production in terms of substrate surface area (e.g., silicon, PV-cell, glass) for each fab, including specification of the substrate.

(f)-(l) [Reserved]

(m) For the fab-specific apportioning model used to apportion fluorinated GHG and N2O consumption under § 98.94(c), the following information to determine it is verified in accordance with procedures in § 98.94(c)(1) and (2):

(1) Identification of the quantifiable metric used in your fab-specific engineering model to apportion gas consumption for each fab, and/or an indication if direct measurements were used in addition to, or instead of, a quantifiable metric.

(2) The start and end dates selected under § 98.94(c)(2)(i).

(3) Certification that the gas(es) you selected under § 98.94(c)(2)(ii) for each fab corresponds to the largest quantity(ies) consumed, on a mass basis, of fluorinated GHG used at your fab during the reporting year for which you are required to apportion.

(4) The result of the calculation comparing the actual and modeled gas consumption under § 98.94(c)(2)(iii) and (iv), as applicable.

(5) If you are required to apportion fluorinated GHG consumption between fabs as required by § 98.94(c)(2)(v), certification that the gas(es) you selected under § 98.94(c)(2)(ii) corresponds to the largest quantity(ies) consumed on a mass basis, of fluorinated GHG used at your facility during the reporting year for which you are required to apportion.

(n) [Reserved]

(o) For all HC fuel CECS that were purchased and installed on or after January 1, 2025, that are used to control emissions from tools that use either NF3 as an input gas in remote plasma clean processes or F2 as an input gas in any process type or sub-type and for which you are not calculating emissions under equation I-9 to § 98.93, certification that the rate of conversion from F2 to CF4 is <0.1% and that the systems are installed, operated, and maintained in accordance with the directions of the HC fuel CECS manufacturer. Hydrocarbon-fuel-based combustion emissions control systems include but are not limited to abatement systems as defined in § 98.98 that are hydrocarbon-fuel-based. If you make the certification based on your own testing, you must certify that you tested the model of the system according to the requirements specified in § 98.94(e). If you make the certification based on testing by the HC fuel CECS manufacturer, you must provide documentation from the HC fuel CECS manufacturer that the rate of conversion from F2 to CF4 is <0.1% when tested according to the requirements specified in § 98.94(e).

(p) Inventory and description of all abatement systems through which fluorinated GHGs or N2O flow at your facility and for which you are claiming destruction or removal efficiency, including:

(1) The number of abatement systems controlling emissions for each process sub-type, or process type, as applicable, for each gas used in the process sub-type or process type.

(2) The basis of the destruction or removal efficiency being used (default, manufacturer-verified, or site-specific measurement according to § 98.94(f)(4)(i)) for each process sub-type or process type and for each gas.

(q) For all abatement systems through which fluorinated GHGs or N2O flow at your facility, for which you are reporting controlled emissions, the following:

(1) Certification that all abatement systems at the facility have been installed, maintained, and operated in accordance with the site maintenance plan for abatement systems that is developed and maintained in your records as specified in § 98.97(d)(9).

(2) If you use default destruction or removal efficiency values in your emissions calculations under § 98.93(a), (b), or (i), certification that the site maintenance plan for abatement systems for which emissions are being reported contains the manufacturer's recommendations and specifications for installation, operation, and maintenance for each abatement system. To use the default or lower manufacturer-verified destruction or removal efficiency values, operation of the abatement system must be within manufacturer's specifications, which may include, for example, specifications on vacuum pumps' purges, fuel and oxidizer settings, supply and exhaust flows and pressures, and utilities to the emissions control equipment including fuel gas flow and pressure, calorific value, and water quality, flow and pressure.

(3) If you use default destruction or removal efficiency values in your emissions calculations under § 98.93(a), (b), and/or (i), certification that the abatement systems for which emissions are being reported were specifically designed for fluorinated GHG or N2O abatement, as applicable. You must support this certification by providing abatement system supplier documentation stating that the system was designed for fluorinated GHG or N2O abatement, as applicable, and supply the destruction or removal efficiency value at which each abatement system is certified for the fluorinated GHG or N2O abated, as applicable. You may only use the default destruction or removal efficiency value if the abatement system is verified to meet or exceed the destruction or removal efficiency default value in table I-16 to this subpart. If the system is verified at a destruction or removal efficiency value lower than the default value, you may use the verified value.

(4) For all stack systems for which you calculate fluorinated GHG emissions according to the procedures specified in § 98.93(i)(3), certification that you have included and accounted for all abatement systems and any respective downtime in your emissions calculations under § 98.93(i)(3).

(r) You must report an effective fab-wide destruction or removal efficiency value for each fab at your facility calculated using Equation I-26, I-27, and I-28 of this subpart, as appropriate.

Where: DREFAB = Fab-wide effective destruction or removal efficiency value, expressed as a decimal fraction. FGHGi = Total emissions of each fluorinated GHG i emitted from electronics manufacturing processes in the fab, calculated according to the procedures in § 98.93. N2Oj = Emissions of N2O from each N2O-emitting electronics manufacturing process j in the fab, expressed in metric ton CO2 equivalents, calculated according to the procedures in § 98.93. UAFGHG = Total unabated emissions of fluorinated GHG emitted from electronics manufacturing processes in the fab, expressed in metric ton CO2 equivalents as calculated in Equation I-27 of this subpart. SFGHG = Total unabated emissions of fluorinated GHG emitted from electronics manufacturing processes in the fab, expressed in metric ton CO2 equivalents, as calculated in Equation I-28 of this subpart. CN2O,j = Consumption of N2O in each N2O emitting process j, expressed in metric ton CO2 equivalents. 1-UN2O,j = N2O emission factor for each N2O emitting process j from Table I-8 of this subpart. GWPi = GWP of emitted fluorinated GHG i from Table A-1 of this part. GWPN2O = GWP of N2O from Table A-1 of this part. i = Fluorinated GHG. j = Process Type.

(1) Use Equation I-27 of this subpart to calculate total unabated emissions, in metric tons CO2e, of all fluorinated GHG emitted from electronics manufacturing processes whose emissions of fluorinated GHG you calculated according to the default utilization and by-product formation rate procedures in § 98.93(a) or § 98.93(i)(4). For each fluorinated GHG i in process j, use the same consumption (Cij), emission factors (1−Uij), and by-product formation rates (Bijk) to calculate unabated emissions as you used to calculate emissions in § 98.93(a) or § 98.93(i)(4).

Where: UAFGHG = Total unabated emissions of fluorinated GHG emitted from electronics manufacturing processes in the fab, expressed in metric ton CO2e for which you calculated total emission according to the procedures in § 98.93(a) or § 98.93(i)(4). Cij = Total consumption of fluorinated GHG i, apportioned to process j, expressed in metric ton CO2e, which you used to calculate total emissions according to the procedures in § 98.93(a) or § 98.93(i)(4). Uij = Process utilization rate for fluorinated GHG i, process type j, which you used to calculate total emissions according to the procedures in § 98.93(a) or § 98.93(i)(4). GWPi = GWP of emitted fluorinated GHG i from Table A-1 of this part. GWPk = GWP of emitted fluorinated GHG by-product k from Table A-1 of this part. Bijk = By-product formation rate of fluorinated GHG k created as a by-product per amount of fluorinated GHG input gas i (kg) consumed by process type j (kg). i = Fluorinated GHG. j = Process Type. k = Fluorinated GHG by-product.

(2) Use equation I-28 to this section to calculate total unabated emissions, in metric ton CO2e, of all fluorinated GHG emitted from electronics manufacturing processes whose emissions of fluorinated GHG you calculated according to the stack testing procedures in § 98.93(i)(3). For each set of processes, use the same input gas consumption (Cif), input gas emission factors (EFif), by-product gas emission factors (EFkf), fractions of tools abated (aif and akif), and destruction efficiencies (dif and dik) to calculate unabated emissions as you used to calculate emissions.

Where: SFGHG = Total unabated emissions of fluorinated GHG emitted from electronics manufacturing processes in the fab, expressed in metric ton CO2e for which you calculated total emission according to the procedures in § 98.93(i)(3). EFif = Emission factor for fluorinated GHG input gas i, emitted from fab f, as calculated in equation I-19 to § 98.93 (kg emitted/kg input gas consumed). aif = Fraction of fluorinated GHG input gas i used in fab f in tools with abatement systems (expressed as a decimal fraction). dif = Fraction of fluorinated GHG i destroyed or removed in abatement systems connected to process tools in fab f, as calculated from equation I-24A to § 98.93, which you used to calculate total emissions according to the procedures in § 98.93(i)(3) (expressed as a decimal fraction). Cif = Total consumption of fluorinated GHG input gas i, of tools vented to stack systems, for fab f, for the reporting year, expressed in metric ton CO2e, which you used to calculate total emissions according to the procedures in § 98.93(i)(3) (expressed as a decimal fraction). EFkf = Emission factor for fluorinated GHG by-product gas k, emitted from fab f, as calculated in equation I-20 to § 98.93 (kg emitted/kg of all input gases consumed in tools vented to stack systems). akif = Fraction of fluorinated GHG by-product gas k emitted in fab f from tools using input gas i with abatement systems (expressed as a decimal fraction), as calculated using equation I-24D to § 98.93. dik = Fraction of fluorinated GHG byproduct k destroyed or removed in abatement systems connected to process tools in fab f, as calculated from equation I-24B to § 98.93, which you used to calculate total emissions according to the procedures in § 98.93(i)(3) (expressed as a decimal fraction). GWPi = GWP of emitted fluorinated GHG i from table A-1 to subpart A of this part. GWPk = GWP of emitted fluorinated GHG by-product k from table A-1 to subpart A of this part. i = Fluorinated GHG. k = Fluorinated GHG by-product.

(s) Where missing data procedures were used to estimate inputs into the fluorinated heat transfer fluid mass balance equation under § 98.95(b), the number of times missing data procedures were followed in the reporting year and the method used to estimate the missing data.

(t)-(v) [Reserved]

(w) If you elect to calculate fab-level emissions of fluorinated GHG using the stack test methods specified in § 98.93(i), you must report the following in paragraphs (w)(1) and (2) for each stack system, in addition to the relevant data in paragraphs (a) through (v) of this section:

(1) The date of any stack testing conducted during the reporting year, and the identity of the stack system tested.

(2) An inventory of all stack systems from which process fluorinated GHG are emitted.

(x) If the emissions you report under paragraph (c) of this section include emissions from research and development activities, as defined in § 98.6, report the approximate percentage of total GHG emissions, on a metric ton CO2e basis, that are attributable to research and development activities, using the following ranges: less than 5 percent, 5 percent to less than 10 percent, 10 percent to less than 25 percent, 25 percent to less than 50 percent, 50 percent and higher.

(y) If your semiconductor manufacturing facility manufactures wafers greater than 150 mm and emits more than 40,000 metric ton CO2e of GHG emissions, based on your most recently submitted annual report as required in paragraph (c) of this section, from the electronics manufacturing processes subject to reporting under this subpart, you must prepare and submit a technology assessment report every five years to the Administrator (or an authorized representative) that meets the requirements specified in paragraphs (y)(1) through (6) of this section. Any other semiconductor manufacturing facility may voluntarily submit this report to the Administrator. If your semiconductor manufacturing facility manufactures only 150 mm or smaller wafers, you are not required to prepare and submit a technology assessment report, but you are required to prepare and submit a report if your facility begins manufacturing wafers 200 mm or larger during or before the calendar year preceding the year the technology assessment report is due. If your semiconductor manufacturing facility is no longer required to report to the GHGRP under subpart I due to the cessation of semiconductor manufacturing as described in § 98.2(i)(3), you are not required to submit a technology assessment report.

(1) The first technology assessment report due after January 1, 2025, is due on March 31, 2028, and subsequent reports must be delivered every 5 years no later than March 31 of the year in which it is due.

(2) The report must include the information described in paragraphs (y)(2)(i) through (v) of this section.

(i) It must describe how the gases and technologies used in semiconductor manufacturing using 200 mm and 300 mm wafers in the United States have changed in the past 5 years and whether any of the identified changes are likely to have affected the emissions characteristics of semiconductor manufacturing processes in such a way that the default utilization and by-product formation rates or default destruction or removal efficiency factors of this subpart may need to be updated.

(ii) It must describe the effect on emissions of the implementation of new process technologies and/or finer line width processes in 200 mm and 300 mm technologies, the introduction of new tool platforms, and the introduction of new processes on previously tested platforms.

(iii) It must describe the status of implementing 450 mm wafer technology and the potential need to create or update default emission factors compared to 300 mm technology.

(iv) It must provide any utilization and byproduct formation rates and/or destruction or removal efficiency data that have been collected in the previous 5 years that support the changes in semiconductor manufacturing processes described in the report. Any utilization or byproduct formation rate data submitted must be reported using both of the methods specified in paragraphs (y)(2)(iv)(A) and (B) of this section if multiple fluorinated input gases are used, unless one of the input gases does not have a reference process utilization rate in table I-19 or I-20 to this subpart for the process type and wafer size whose emission factors are being measured, in which case the data must be submitted using the method specified in paragraph (y)(2)(iv)(A) of this section. If only one fluorinated input gas is fed into the process, you must use equations I-29A and I-29B to this section. In addition to using the methods specified in paragraphs (y)(2)(iv)(A) and (B) of this section, you have the option to calculate and report the utilization or byproduct formation rate data using any alternative calculation methodology. The report must include the input gases used and measured, the utilization rates measured, the byproduct formation rates measured, the process type, the process subtype for chamber clean processes, the wafer size, and the methods used for the measurements. The report must also specify the method used to calculate each reported utilization and by-product formation rate, and provide a unique record number for each data set. For any destruction or removal efficiency data submitted, the report must include the input gases used and measured, the destruction and removal efficiency measured, the process type, the methods used for the measurements, and whether the abatement system is specifically designed to abate the gas measured under the operating conditions used for the measurement. If you choose to use an additional alternative calculation methodology to calculate and report the input gas emission factors and by-product formation rates, you must provide a complete, mathematical description of the alternative method used (including the equation used to calculate each reported utilization and by-product formation rate) and include the information in this paragraph (y)(2)(iv).

(A) All-input gas method. Use equation I-29A to this section to calculate the input gas emission factor (1 − Uij) for each input gas in a single test. If the result of equation I-29A exceeds 0.8 for an F-GHG that contains carbon, you must use equation I-29C to this section to calculate the input gas emission factor for that F-GHG and equation I-29D to this section to calculate the by-product formation rate for that F-GHG from the other input gases. Use equation I-29B to this section to calculate the by-product formation rates from each input gas for F-GHGs that are not input gases. If a test uses a cleaning or etching gas that does not contain carbon in combination with a cleaning or etching gas that does contain carbon and the process chamber is not used to etch or deposit carbon-containing films, you may elect to assign carbon containing by-products only to the carbon-containing input gases. If you choose to assign carbon containing by-products only to carbon-containing input gases, remove the input mass of the non-carbon containing gases from the sum of Massi and the sum of Massg in equations I-29B and I-29D to this section, respectively.

Where: Uij = Process utilization rate for fluorinated GHG i, process type j. Ei = The mass emissions of input gas i. Massi = The mass of input gas i fed into the process. i = Fluorinated GHG. j = Process type. Where: BEFkji = By-product formation rate for gas k from input gas i, for process type j, where gas k is not an input gas. Ek = The mass emissions of by-product gas k. Massi = The mass of input gas i fed into the process. i = Fluorinated GHG. j = Process type. k = Fluorinated GHG by-product. Where: Uij = Process utilization rate for fluorinated GHG i, process type j. Where: BEFijg = By-product formation rate for gas i from input gas g for process type j. Ei = The mass emissions of input gas i. Massi = The mass of input gas i fed into the process. Massg = The mass of input gas g fed into the process, where g does not equal input gas i. i = Fluorinated GHG. g = Fluorinated GHG input gas, where gas g is not equal to gas i. j = Process type.

(B) Reference emission factor method. Calculate the input gas emission factors and by-product formation rates from a test using equations I-30A, I-30B, and I-29B to this section, and table I-19 or I-20 to this subpart. In this case, use equation I-30A to this section to calculate the input gas emission factors and use equation I-30B and I-29B to this section to calculate the by-product formation rates.

Where: Uij = Process utilization rate for fluorinated GHG i, process type j. Uijr = Reference process utilization rate for fluorinated GHG i, process type j, for input gas i, using table I-19 or I-20 to this subpart as appropriate. Ei = The mass emissions of input gas i. Massi = The mass of gas i fed into the process. Massg = The mass of input gas g fed into the process, where g does not equal input gas i. BEFijgr = Reference by-product formation rate for gas i from input gas g for process type j, using table I-19 or I-20 to this subpart as appropriate. i = Fluorinated GHG. g = Fluorinated GHG input gas, where gas g is not equal to gas i. r = Reference data. Where: BEFijg = By-product formation rate for gas i from input gas g for process type j, where gas i is also an input gas. BEFijgr = Reference by-product formation rate for gas i from input gas g for process type j from table I-19 or I-20 to this subpart, as appropriate. Uijr = Reference process utilization rate for fluorinated GHG i, process type j, for input gas i, using table I-19 or I-20 to this subpart, as appropriate. Ei = The mass emissions of input gas i. Massi = The mass of gas i fed into the process. Massg = The mass of input gas g fed into the process, where g does not equal input gas i. i = Fluorinated GHG. j = Process type. g = Fluorinated GHG input gas, where gas g is not equal to gas i. r = Reference data.

(v) It must describe the use of a new gas, use of an existing gas in a new process type or sub-type, or a fundamental change in process technology.

(3) If, on the basis of the information reported in paragraph (y)(2) of this section, the report indicates that GHG emissions from semiconductor manufacturing may have changed from those represented by the default utilization and by-product formation rates in Tables I-3 or I-4, or the default destruction or removal efficiency values in Table I-16 of this subpart, the report must lay out a data gathering and analysis plan focused on the areas of potential change. The plan must describe the elements in paragraphs (y)(3)(i) and (ii).

(i) The testing of tools to determine the potential effect on current utilization and by-product formation rates and destruction or removal efficiency values under the new conditions.

(ii) A planned analysis of the effect on overall facility emissions using a representative gas-use profile for a 200 mm, 300 mm, or 450 mm fab (depending on which technology is under consideration).

(4) Multiple semiconductor manufacturing facilities may submit a single consolidated technology assessment report as long as the facility identifying information in § 98.3(c)(1) and the certification statement in § 98.3(c)(9) is provided for each facility for which the consolidated report is submitted.

(5) The Administrator will review the report received and determine whether it is necessary to update the default utilization rates and by-product formation rates in Tables I-3, I-4, I-11, and I-12 of this subpart and default destruction or removal efficiency values in Table I-16 of this subpart based on the following:

(i) Whether the revised default utilization and by-product formation rates and destruction or removal efficiency values will result in a projected shift in emissions of 10 percent or greater.

(ii) Whether new platforms, processes, or facilities that are not captured in current default utilization and by-product formation rates and destruction or removal efficiency values should be included in revised values.

(iii) Whether new data are available that could expand the existing data set to include new gases, tools, or processes not included in the existing data set (i.e. gases, tools, or processes for which no data are currently available).

(6) The Administrator will review the reports within 120 days and will notify you of a determination whether it is necessary to update any default utilization and by-product formation rates and/or destruction or removal efficiency values. If the Administrator determines it is necessary to update default utilization and by-product formation rates and/or destruction or removal efficiency values, you will then have 180 days from the date you receive notice of the determination to execute the data collection and analysis plan described in the report and submit those data to the Administrator.

[75 FR 74818, Dec. 1, 2010, as amended at 77 FR 10381, Feb. 22, 2010; 78 FR 68215, Nov. 13, 2013; 78 FR 71954, Nov. 29, 2013; 79 FR 73785, Dec. 11, 2014; 81 FR 9255, Dec. 9, 2016; 89 FR 31915, Apr. 25, 2024]