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Code of Federal Regulations Title 40. Protection of Environment § 40.98.91 Reporting threshold
Current as of January 02, 2025 | Updated by Findlaw Staff
(a) You must report GHG emissions under this subpart if electronics manufacturing production processes, as defined in § 98.90, are performed at your facility and your facility meets the requirements of either § 98.2(a)(1) or (a)(2). To calculate total annual GHG emissions for comparison to the 25,000 metric ton CO2e per year emission threshold in § 98.2(a)(2), follow the requirements of § 98.2(b), with one exception. Rather than using the calculation methodologies in § 98.93 to calculate emissions from electronics manufacturing production processes, calculate emissions of each fluorinated GHG from electronics manufacturing production processes by using paragraphs (a)(1), (a)(2), or (a)(3) of this section, as appropriate, and then sum the emissions of each fluorinated GHG by using paragraph (a)(4) of this section.
(1) If you manufacture semiconductors or MEMS you must calculate annual production process emissions of each input gas i for threshold applicability purposes using the default emission factors shown in Table I–1 to this subpart and Equation I–1 of this subpart.
where:
Ei = Annual production process emissions of input gas i for threshold applicability purposes (metric tons CO2e).
S = 100 percent of annual manufacturing capacity of a facility as calculated using Equation I–5 of this subpart (m2).
EFi = Emission factor for input gas i (kg/m2).
GWPi = Gas-appropriate GWP as provided in Table A–1 to subpart A of this part.
0.001 = Conversion factor from kg to metric tons.
i = Input gas.
(2) If you manufacture LCDs, you must calculate annual production process emissions of each input gas i for threshold applicability purposes using the default emission factors shown in Table I–1 to this subpart and Equation I–2 of this subpart.
where:
Ei = Annual production process emissions of input gas i for threshold applicability purposes (metric tons Co2e).
S = 100 percent of annual manufacturing capacity of a facility as calculated using Equation I–5 of this subpart (m2).
EFi = Emission factor for input gas i (g/m2).
GWPi = Gas-appropriate GWP as provided in Table A–1 to subpart A of this part.
0.000001 = Conversion factor from g to metric tons.
i = Input gas.
(3) If you manufacture PVs, you must calculate annual production process emissions of each input gas i for threshold applicability purposes using gas-appropriate GWP values shown in Table A–1 to subpart A of this part and Equation I–3 of this subpart.
where:
Ei = Annual production process emissions of input gas i for threshold applicability purposes (metric tons Co2e).
Ci = Annual fluorinated GHG (input gas i) purchases or consumption (kg). Only gases that are used in PV manufacturing processes listed at § 98.90(a)(1) through (a)(4) that have listed GWP values in Table A–1 to subpart A of this part must be considered for threshold applicability purposes.
GWPi = Gas-appropriate GWP as provided in Table A–1 to subpart A of this part.
0.001 = Conversion factor from kg to metric tons.
i = Input gas.
(4) You must calculate total annual production process emissions for threshold applicability purposes using Equation I–4 of this subpart.
where:
ET = Annual production process emissions of all fluorinated GHGs for threshold applicability purposes (metric tons Co2e).
δ = 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.
Ei = Annual production process emissions of input gas i for threshold applicability purposes (metric tons Co2e), as calculated in Equations I–1, I–2 or I–3 of this subpart.
i = Input gas.
(b) You must calculate annual manufacturing capacity of a facility using Equation I–5 of this subpart.
where:
S = 100 percent of annual manufacturing capacity of a facility (m2).
WX = Maximum substrate starts of fab f in month x (m2 per month).
x = Month.
Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.98.91 Reporting threshold - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-98-91/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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