Proposed Rule2022-15287
Community Right-To-Know; Adopting 2022 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting
Primary source
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Published
July 22, 2022
Issuing agencies
Environmental Protection Agency
Abstract
EPA is proposing to update the list of North American Industry Classification System (NAICS) codes subject to reporting under the Toxics Release Inventory (TRI) to reflect the Office of Management and Budget (OMB) 2022 NAICS code revision. OMB updates the NAICS codes every five years. EPA currently uses 2017 NAICS codes and is proposing to implement the 2022 codes for TRI Reporting Year 2022 (i.e., facilities reporting to TRI would be required to use 2022 NAICS codes on reports that are due to the Agency by July 1, 2023). The actual data required by a TRI form will not change as a result of this rulemaking, nor will the rule affect the universe of TRI reporting facilities that are required to submit reports to the Agency under the Emergency Planning and Community Right-to-Know Act (EPCRA).
Full Text
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<title>Federal Register, Volume 87 Issue 140 (Friday, July 22, 2022)</title>
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[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Proposed Rules]
[Pages 43772-43779]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15287]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372
[EPA-HQ-OPPT-2022-0387; FRL-9529-01-OCSPP]
RIN 2070-AL09
Community Right-To-Know; Adopting 2022 North American Industry
Classification System (NAICS) Codes for Toxics Release Inventory (TRI)
Reporting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to update the list of North American Industry
Classification System (NAICS) codes subject to reporting under the
Toxics Release Inventory (TRI) to reflect the Office of Management and
Budget (OMB) 2022 NAICS code revision. OMB updates the NAICS codes
every five years. EPA currently uses 2017 NAICS codes and is proposing
to implement the 2022 codes for TRI Reporting Year 2022 (i.e.,
facilities reporting to TRI would be required to use 2022 NAICS codes
on reports that are due to the Agency by July 1, 2023). The actual data
required by a TRI form will not change as a result of this rulemaking,
nor will the rule affect the universe of TRI reporting facilities that
are required to submit reports to the Agency under the Emergency
Planning and Community Right-to-Know Act (EPCRA).
DATES: Comments must be received on or before September 20, 2022.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2022-0387, through the Federal eRulemaking
Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions
for submitting comments. Do not submit electronically any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: Rachel Dean, Data Collection
Branch, Data Gathering and Analysis Division (Mailcode: 7406M), Office
of Pollution Prevention and Toxics, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number:
(202) 566-1303; email address: <a href="/cdn-cgi/l/email-protection#325657535c1c4053515a575e725742531c555d44"><span class="__cf_email__" data-cfemail="3753525659194556545f525b7752475619505841">[email protected]</span></a>.
[[Page 43773]]
For general information contact: The Emergency Planning and
Community Right-to-Know Information Center; telephone number: (800)
424-9346 or (703) 348-5070 in the Washington, DC Area and
International; website: <a href="https://www.epa.gov/aboutepa/epa-hotlines">https://www.epa.gov/aboutepa/epa-hotlines</a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
You may be potentially affected by this action if you own or
operate facilities that have 10 or more full-time employees or the
equivalent of 20,000 employee hours per year that manufacture, process,
or otherwise use toxic chemicals listed on the TRI, and that are
required under section 313 of EPCRA or section 6607 of the Pollution
Prevention Act (PPA) to report annually to EPA and States or Tribes
their environmental releases or other waste management quantities of
covered chemicals. (A rule was published on April 19, 2012 (77 FR
23409; FRL-9660-9), requiring facilities located in Indian country to
report to the appropriate tribal government official and EPA instead of
to the state and EPA.)
The following list of 2017 North American Industrial Classification
System (NAICS) codes is not intended to be exhaustive, but rather
provides a guide to help readers determine whether this document
applies to them. Potentially affected entities may include:
<bullet> Facilities included in the following NAICS manufacturing
codes (corresponding to Standard Industrial Classification (SIC) codes
20 through 39): 311*, 312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324,
325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*, 111998*,
113310, 211130* (corresponds to SIC 2819), 212324*, 212325*, 212393*,
212399*, 488390*, 511110, 511120, 511130, 511140*, 511191, 511199,
512230*, 512250*, 519130*, 541713*, 541715*, or 811490*.
(*Exceptions and/or limitations exist for these NAICS codes.)
<bullet> Facilities included in the following NAICS manufacturing
codes (corresponding to SIC codes other than 20-39): 211130
(corresponds to SIC code 1321); or 212111, 212112, 212113, (corresponds
to SIC code 12, Coal Mining (except 1241)); 212221, 212222, 212230,
212299 (corresponds to SIC code 10, Metal Mining (except 1011, 1081,
and 1094)); or 22111*, 221121, 221122, 221330 (limited to facilities
that combust coal and/or oil for the purpose of generating power
distribution in commerce) (corresponds to SIC codes 4911, 4931, and
4939, Electric Utilities); or 424690, 425110, 425120 (limited to
facilities previously classified in SIC code 5169, Chemicals and Allied
Products, Not Elsewhere Classified); or 424710 (corresponds to SIC code
5171, Petroleum Bulk Terminals and Plants); or 562112 (limited to
facilities primarily engaged in solvent recovery services on a contract
or fee basis (previously classified under SIC code 7389, Business
Services, Not Elsewhere Classified)); or 562211, 562212, 562213,
562219, 562920 (limited to facilities regulated under the Resource
Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.)
(corresponds to SIC code 4953, Refuse Systems).
(*Exceptions and/or limitations exist for these NAICS codes.)
<bullet> Federal facilities.
If you have any questions regarding the applicability of this
action to a particular entity, consult the technical person listed in
the FOR FURTHER INFORMATION CONTACT section.
B. What is the Agency's authority for taking this action?
EPA is taking this action under EPCRA sections 313(g)(1) and 328,
42 U.S.C. 11023(g)(1) and 11048. In general, EPCRA section 313 requires
owners and operators of covered facilities in specified SIC codes that
manufacture, process, or otherwise use listed toxic chemicals in
amounts above specified threshold levels to report certain facility
specific information about such chemicals, including the annual
releases and other waste management quantities. EPCRA section 313(g)(1)
requires EPA to publish a uniform toxic chemical release form for these
reporting purposes, and it also prescribes, in general terms, the types
of information that must be submitted on the form. Congress also
granted EPA broad rulemaking authority to allow the Agency to fully
implement the statute. EPCRA section 328 authorizes EPA to ``prescribe
such regulations as may be necessary to carry out this chapter.'' 42
U.S.C. 11048.
C. Why is EPA taking this action?
In the Federal Register of April 9, 1997 (62 FR 17288), OMB
published a final decision to adopt the NAICS economic classification
system, replacing the Standard Industry Classification (SIC) system
which had traditionally been used by the Federal Government for
collecting and organizing industry-related statistics. Consistent with
EPCRA section 313 and PPA section 6607, on June 6, 2006, EPA amended 40
CFR part 372 to change TRI reporting from requiring SIC codes to
requiring NAICS codes (71 FR 32464; FRL-8180-2) (Ref. 1). This
amendment to the regulation included the 2002 NAICS codes for TRI
reporting. OMB revises the NAICS codes every five years. Therefore, EPA
subsequently updated the NAICS codes in:
<bullet> June 9, 2008 (73 FR 32466; FRL-8577-1) to include the 2007
codes,
<bullet> July 18, 2013 (78 FR 42875; FRL-9825-8) (Ref. 2) to
include the 2012 NAICS codes,
<bullet> December 26, 2017 (82 FR 60906; FRL-9970-02) to include
the 2017 NAICS codes.
In the Federal Register of December 21, 2021, OMB announced updated
NAICS codes for 2022 (86 FR 72277). In this document EPA is proposing
to amend 40 CFR part 372 to reflect OMB's updated 2022 NAICS codes.
NAICS codes are used by EPA's TRI program, which provides the
ability to track releases and other waste management (among other
information) of chemicals by a sector and/or facility basis. This
detailed information is made public so that community members,
industrial facilities, research organizations, and federal government
can make informed decisions that impact human health and the
environment. Also, comparative analysis by sector or facility can
demonstrate the volume of a specific chemical released to air, water,
and land. In addition, NAICS codes help provide a snapshot of pollution
prevention efforts at each facility by demonstrating results of toxic
emissions reductions across industry sectors.
D. What action is the Agency taking?
Given OMB's revisions to the NAICS codes that became effective
January 1, 2022, EPA is proposing to amend 40 CFR part 372 to update
the 2022 NAICS codes for TRI reporting. In addition, EPA is proposing
to include NAICS codes in 40 CFR part 372 for facilities that are
covered under TRI's SIC codes but had been inadvertently excluded in
past TRI NAICS rulemakings. EPA is also proposing to update the CFR to
account for the discretionary authority provision provided in EPCRA
section 313(b)(2) (42 U.S.C. 11023(b)(2)).
1. NAICS Codes Updated To Conform With the 2022 NAICS Code
Modifications
Under this action, TRI reporting requirements would remain
unchanged. However, due to the 2022 NAICS code modifications, some
facilities will need to modify their reported NAICS codes as outlined
in Table 1 in Unit I.D., which identifies only the revised TRI NAICS
[[Page 43774]]
reporting codes and is not an exhaustive list of all NAICS reporting
codes subject to EPCRA section 313 and PPA section 6607. Table 1 also
includes notes where a 2022 NAICS code is the result of merging 2017
NAICS codes. In those cases, EPA is clarifying which subset of the 2022
NAICS code is covered by TRI. (Note that non-TRI-covered NAICS codes
will not be listed in the table.) A complete listing of all TRI-covered
facilities can be found in the regulations at 40 CFR 372.23.
Table 1--Modified TRI Reporting NAICS Codes
----------------------------------------------------------------------------------------------------------------
2017 NAICS and U.S. 2022 NAICS 2022 NAICS and U.S.
2017 NAICS code description code description
----------------------------------------------------------------------------------------------------------------
212111.................................. Bituminous Coal and 212114 Surface Coal Mining.
Lignite Surface Mining.
212112.................................. Bituminous Coal 212115 Underground Coal Mining.
Underground Mining.
212113.................................. Anthracite Mining-- 212114 Surface Coal Mining.
anthracite surface mining
activity.
212113.................................. Anthracite Mining-- 212115 Underground Coal Mining.
anthracite underground
mining activity.
212221.................................. Gold Ore Mining........... 212220 Gold Ore and Silver Ore
Mining.
212222.................................. Silver Ore Mining......... '' ''
212299.................................. All Other Metal Ore Mining 212290. Other Metal Ore Mining.
This merges both TRI-
covered and non-TRI-
covered NAICS codes. Only
212299: All Other Metal
Ore Mining was covered by
TRI. TRI will note that
only ``All Other Metal
Ore Mining'' facilities
under NAICS code 212290
are required to report.
212324.................................. Kaolin and Ball Clay 212323 Kaolin, Clay, and Ceramic
Mining. and Refractory Minerals
Mining.
212325.................................. Clay and Ceramic and '' ''
Refractory Minerals
Mining.
212393.................................. Other Chemical and 212390 Other Nonmetallic Mineral
Fertilizer Mineral Mining. Mining and Quarrying.
212399.................................. All Other Nonmetallic '' ''
Mineral Mining. This merges both TRI-
covered and non-TRI-
covered NAICS codes. Only
212393 and 212399 were
covered by TRI. TRI will
note that only ``Other
Chemical and Fertilizer
Mineral Mining'' and
``All Other Nonmetallic
Mineral Mining''
facilities under NAICS
code 212390 are required
to report.
315110.................................. Hosiery and Sock Mills.... 315120 Apparel Knitting Mills.
315190.................................. Other Apparel Knitting '' ''
Mills.
315220.................................. Men's and Boys' Cut and 315250 Cut and Sew Apparel
Sew Apparel Manufacturing. Manufacturing (except
Contractors).
315240.................................. Women's, Girls', and '' ''
Infants' Cut and Sew
Apparel Manufacturing.
315280.................................. Other Cut and Sew Apparel '' ''
Manufacturing.
316992.................................. Women's Handbag and Purse 316990 Other Leather and Allied
Manufacturing. Product Manufacturing.
316998.................................. All Other Leather Good and '' ''
Allied Product
Manufacturing.
321213.................................. Engineered Wood Member 321215 Engineered Wood Member
(except Truss) Manufacturing
Manufacturing.
321214.................................. Truss Manufacturing....... '' ''
322121.................................. Paper (except Newsprint) 322120 Paper Mills.
Mills.
322122.................................. Newsprint Mills........... '' ''
325314.................................. Fertilizer (Mixing Only) 325315, 325314 Compost Manufacturing
Manufacturing. Fertilizer (Mixing Only)
Manufacturing.
333244.................................. Printing Machinery 333248 All Other Industrial
Equipment Manufacturing. Machinery Manufacturing.
333249.................................. Other Industrial Machinery '' ''
Manufacturing.
333314.................................. Optical Instrument and 333310 Commercial and Service
Lens Manufacturing. Industry Machinery
Manufacturing.
333316.................................. Photographic and '' ''
Photocopying Equipment
Manufacturing.
333318.................................. Other Commercial and '' ''
Service Industry
Machinery Manufacturing.
333997.................................. Scale and Balance 333998 All Other Miscellaneous
Manufacturing. General Purpose Machinery
Manufacturing.
333999.................................. All Other Miscellaneous '' ''
General Purpose Machinery
Manufacturing.
334613.................................. Blank Magnetic and Optical 334610 Manufacturing and
Recording Media Reproducing Magnetic and
Manufacturing. Optical Media.
334614.................................. Software and Other '' ''
Prerecorded Compact Disc,
Tape, and Record
Reproducing.
335121.................................. Residential Electric 335131 Residential Electric
Lighting Fixture Lighting Fixture
Manufacturing. Manufacturing.
335122.................................. Commercial, Industrial, 335132 Commercial, Industrial,
and Institutional and Institutional
Electric Lighting Fixture Electric Lighting Fixture
Manufacturing. Manufacturing.
335110.................................. Electric Lamp Bulb and 335139 Electric Lamp Bulb and
Part Manufacturing. Other Lighting Equipment
Manufacturing.
335129.................................. Other Lighting Equipment '' ''
Manufacturing.
335911.................................. Storage Battery 335910 Battery Manufacturing.
Manufacturing.
335912.................................. Primary Battery '' ''
Manufacturing.
[[Page 43775]]
336111.................................. Automobile Manufacturing.. 336110 Automobile and Light Duty
Motor Vehicle
Manufacturing.
336112.................................. Light Truck and Utility '' ''
Vehicle Manufacturing.
337124.................................. Metal Household Furniture 337126 Household Furniture
Manufacturing. (except Wood and
Upholstered)
Manufacturing.
337125.................................. Household Furniture '' ''
(except Wood and Metal)
Manufacturing.
425110.................................. Business to Business 425120 Wholesale Trade Agents and
Electronic Markets. Brokers.
511110.................................. Newspaper Publishers...... 513110 Newspaper Publishers.
519130.................................. Internet Publishing and '' ''
Broadcasting and Web
Search Portals--Internet
Newspaper Publishers
activity.
511120.................................. Periodical Publishers..... 513120 Periodical Publishers.
519130.................................. Internet Publishing and '' ''
Broadcasting and Web
Search Portals--Internet
Periodical Publishers
activity.
511130.................................. Book Publishers........... 513130 Book Publishers.
519130.................................. Internet Publishing and '' ''
Broadcasting and Web
Search Portals--Internet
Book Publishers activity.
511140.................................. Directory and Mailing List 513140 Directory and Mailing List
Publishers. Publishers.
519130.................................. Internet Publishing and '' ''
Broadcasting and Web
Search Portals--Internet
Directory and Mailing
List Publishers activity.
511191.................................. Greeting Card Publishers.. 513191 Greeting Card Publishers.
519130.................................. Internet Publishing and '' ''
Broadcasting and Web
Search Portals for
Internet Greeting Card
Publishers activity.
511199.................................. All Other Publishers...... 513199 All Other Publishers.
519130.................................. Internet Publishing and '' ''
Broadcasting and Web
Search Portals for All
other Internet Publishers
activity.
519130.................................. Internet Publishing and 516210 Media Streaming
Broadcasting and Web Distribution Services,
Search Portals--Internet Social Networks, and
Broadcasting activity. Other Media Networks and
Content Providers.
This merges both TRI-
covered and non-TRI-
covered NAICS codes. Only
519130: Internet
Publishing and
Broadcasting and Web
Search Portals was
covered by TRI. TRI will
note that only certain
``Internet Broadcasting''
facilities under NAICS
code 516210 are required
to report.
519130.................................. Internet Publishing and 519290 Web Search Portals and All
Broadcasting and Web Other Information
Search Portals--Web Services.
Search Portals activity.
This merges both TRI-
covered and non-TRI-
covered NAICS codes. Only
519130: Internet
Publishing and
Broadcasting and Web
Search Portals was
covered by TRI. TRI will
note that only certain
``Web Search Portals''
facilities under NAICS
code 519290 are required
to report.
----------------------------------------------------------------------------------------------------------------
2. Listing of Certain NAICS Codes in the Utilities Industry Sector
Additionally, facilities included in the following NAICS
manufacturing codes will be listed at 40 CFR 372.23 and will be subject
to TRI reporting requirements (see 40 CFR part 372--[AMENDED]):
221114--Solar Electric Power Generation; 221115--Wind Electric Power
Generation; 221116--Geothermal Electric Power Generation; and 221117--
Biomass Electric Power Generation). In 1997, when EPA added the
electric utility industry sector to the scope of the TRI, the Agency
qualified the addition to include all facilities which ``burn any
quantity of coal or oil to generate power for distribution in
commerce.'' (62 FR 23834, May 1, 1997; FRL-5578-3) (Ref. 3). Further,
the Agency clearly stated that this addition includes any facility
classified under SIC codes 4911, 4931, or 4939 that combusts coal and/
or oil for the purpose of generating power for distribution in
commerce. EPA clearly stated that this coverage includes a facility
that burns ``any quantity'' of coal or oil to generate power for
distribution in commerce, noting examples where a facility might burn
coal or oil for purposes other than distribution in commerce and thus
not fit the qualifier provided for the industry sector. (62 FR 23834,
23863) (Ref. 3).
The 2007 NAICS to 2012 NAICS revision split NAICS 221119 (a NAICS
code at the time covered by TRI due to its crosswalk to SIC codes 4911,
4931, and 4939) into multiple codes (i.e., 221114, 221115, 221116,
221117, and 221118). When EPA updated the set of 2007 NAICS codes used
by TRI to conform to the 2012 NAICS revision, the Agency listed only
221118, neglecting to include 221114, 221115, 221116, and 221117. (78
FR 42875) (Ref. 2). However, as provided by the 1997 rule that included
electricity generating facilities that combust coal and/or oil for the
purpose of generating power for distribution in commerce, these NAICS
codes should have been included in the
[[Page 43776]]
CFR. Further, because the CFR lists SIC codes 4911, 4931, and 4939 as
being regulated by TRI, facilities in NAICS codes 221114, 221115,
221116, and 221117 would be regulated by TRI should they combust coal
and/or oil for the purpose of generating power for distribution in
commerce despite the Agency's oversight in terms of failing to list
these NAICS codes in the CFR. Therefore, facilities identifying with
these NAICS codes (i.e., 221114, 221115, 22116, and 221117) are covered
under TRI reporting regulation and EPA proposes to address its previous
oversight by adding these NAICS codes to 40 CFR 372.23. Similarly, in
the 2006 rule to include NAICS codes in the regulations for TRI, EPA
neglected to include NAICS code 221210. SIC codes 4931 and 4939 are
covered TRI reporting codes (40 CFR 372.23(b), 62 FR 23834). Both of
these SIC codes crosswalk to multiple NAICS codes which are listed on
the CFR, except for 221210. EPA acknowledges it was an oversight not to
include 221210 in the 2006 rule adopting NAICS codes for TRI reporting
(71 FR 32464) (Ref. 1) and proposes to add 221210 to 40 CFR 372.23 for
this NAICS update rule.
Crosswalk tables between all 2017 NAICS codes and 2022 NAICS codes
can be found on the internet at <a href="https://www.census.gov/naics/">https://www.census.gov/naics/</a>.
3. Updates to 40 CFR Part 372 To Accommodate EPCRA Section 313(b)(2)
As authorized under EPCRA section 313(b)(2), the EPA Administrator
may determine that a particular facility is subject to the requirements
of EPCRA section 313(a) on the basis of the toxicity of a chemical, the
facility's proximity to other facilities that release the chemical or
to population centers, the history of releases of the chemical at the
facility, or other factors the Administrator deems appropriate. This
authority has been codified previously in TRI regulations, describing
the process for modifying the list of covered facilities (40 CFR
372.20(b)). EPA is proposing to also codify this discretionary
authority at 40 CFR 372.22, which describes the criteria to determine
whether a facility must report to TRI for a certain calendar year. This
proposed edit is a conforming edit to accommodate the longstanding
discretionary authority under EPCRA section 313(b)(2), and this edit
would not alter the universe of EPCRA section 313 reporters or any TRI
reporting requirements. This additional criteria for facilities
reporting to TRI will be added to 40 CFR 372.22 (see part 372--
[AMENDED]).
E. What are the incremental impacts of this action?
EPA analyzed the potential costs and benefits associated with this
action and determined that since this action will not add or remove any
reporting requirements, there is no net increase in respondent burden
or other economic impacts to consider.
F. Are there potentially disproportionate impacts for children health?
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997),
as applying only to those regulatory actions that concern health or
safety risks that the EPA has reason to believe may disproportionately
affect children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
II. References
The following is a listing of the documents that are specifically
referenced in this document. The docket includes these documents and
other information considered by EPA, including documents that are
referenced within the documents that are included in the docket, even
if the referenced document is not physically located in the docket. For
assistance in locating these other documents, please consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.
1. U.S. EPA. Community Right-to-Know; Toxic Chemical Release
Reporting Using North American Industry Classification System
(NAICS); Final Rule. Federal Register. 71 FR 32464, June 6, 2006
(FRL-8180-2).
2. U.S. EPA. Community Right-to-Know; Adoption of 2012 North
American Industry Classification System (NAICS) Codes for Toxics
Release Inventory (TRI) Reporting; Final Rule. Federal Register. 78
FR 42875, July 18, 2013 (FRL-9825-8).
3. U.S. EPA. Addition of Facilities in Certain Industry Sectors;
Revised Interpretation of Otherwise Use; Toxic Release Inventory
Reporting; Community Right-to-Know; Final Rule. Federal Register. 62
FR 23834, May 1, 1997 (FRL-5578-3).
III. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
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 and was
therefore not submitted to the Office of Management and Budget (OMB)
for review under Executive Order 12866 (58 FR 51735, October 4, 1993)
and Executive Order 13563 (76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA, 44 U.S.C. 3501 et seq. Facilities that are affected by
the rule are already required to report their industrial classification
codes on the approved reporting forms under EPCRA section 313 and PPA
section 6607. In addition, OMB has previously approved the information
collection activities involving Form R and Form A as contained in 40
CFR part 372 under OMB Control No. 20070-0212 (EPA ICR No. 2613.04).
Under the PRA, 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. The OMB control numbers
are displayed either by publication in the Federal Register or by other
appropriate means, such as on the related collection instrument or
form, if applicable. The display of OMB control numbers for certain EPA
regulations is consolidated in 40 CFR part 9.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA, 5
U.S.C. 601 et seq. In making this determination, EPA concludes that the
impact of concern for this rule is any significant adverse economic
impact on small entities and that the agency is certifying that this
rule will not have a significant economic impact on a substantial
number of small entities if the rule has no net burden on the small
entities subject to the rule. This proposed rule adds no new reporting
requirements, and there would be no net increase in respondent burden
and costs. This rule would only update the NAICS codes already reported
by respondents. As such, this action will not impose any new
requirements on small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does
[[Page 43777]]
not significantly or uniquely affect small governments. The action
would impose no enforceable duty on any state, local or tribal
governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999), because 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.
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), because it does
not impose substantial direct compliance costs on Indian tribal
governments. 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 that the EPA has reason to believe may disproportionately
affect children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not a ``significant energy action'' under Executive
Order 13211 (66 FR 28355, May 22, 2001) because it is not likely to
have a significant adverse effect on the supply, distribution or use of
energy and has not otherwise been designated by the Administrator of
OMB's Office of Information and Regulatory Affairs as a ``significant
energy action.'' This action is not expected to affect energy use,
energy supply or energy prices.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards. As such,
NTTAA section 12(d), 15 U.S.C. 272 note, does not apply to this action.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14008: Tackling the Climate Crisis at Home and Abroad
In accordance with Executive Order 12898 (59 FR 7629, February 16,
1994) and Executive Order 14008 (86 FR 7619, January 27, 2021), EPA
finds that this action will not result in disproportionately high and
adverse human health, environmental, climate-related, or other
cumulative impacts on disadvantaged communities because this action
does not establish an environmental health or safety standard.
List of Subjects in 40 CFR Part 372
Environmental protection, Community right-to-know, Reporting and
recordkeeping requirements, Toxic chemicals.
Dated: July 13, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
Therefore, for the reasons set forth in the preamble, it is
proposed that 40 CFR chapter I be amended as follows:
PART 372--TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW
0
1. The authority citation for part 372 continues to read as follows:
Authority: 42 U.S.C. 11023 and 11048.
0
2. Amend Sec. 372.22 by revising the introductory paragraph and adding
paragraph (d) to read as follows:
Sec. 372.22 Covered facilities for toxic chemical release reporting.
A facility is a covered facility for a particular calendar year,
and must report under 40 CFR 372.30, if the facility meets either all
of the criteria in paragraphs (a) through (c), or all of the criteria
in paragraphs (c) and (d), for that calendar year.
* * * * *
(d) The Administrator determined that applying the 42 U.S.C. 11023
requirements to the facility was warranted, pursuant to 42 U.S.C.
11023(b)(2) and 40 CFR 372.20(b).
0
3. Amend Sec. 372.23 by revising paragraphs (b) and (c) to read as
follows:
Sec. 372.23 SIC and NAICS codes to which this Part applies.
* * * * *
(b) NAICS codes that correspond to SIC codes 20-39.
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311--Food Manufacturing........... Except 311119--Exception is limited
to facilities previously classified
under SIC 0723, Crop Preparation
Services for Market, Except Cotton
Ginning.
Except 311340--Exception is limited
to facilities previously classified
under SIC 5441, Candy, Nut, and
Confectionery Stores.
Except 311352--Exception is limited
to facilities previously classified
under SIC 5441, Candy, Nut, and
Confectionery Stores.
Except 311611--Exception is limited
to facilities previously classified
under SIC 0751, Livestock Services,
Except Veterinary.
Except 311612--Exception is limited
to facilities previously classified
under SIC 5147, Meats and Meat
Products.
Except 311811--Exception is limited
to facilities previously classified
under SIC 5461, Retail Bakeries.
312--Beverage and Tobacco Product Except 312112--Exception is limited
Manufacturing. to facilities previously classified
under SIC 5149, Groceries and
Related Products, Not Elsewhere
Classified.
Except 312230--Exception is limited
to facilities previously classified
under SIC 7389, Business Services,
Not Elsewhere Classified, except
facilities primarily engaged in
solvent recovery services on a
contract or fee basis.
313--Textile Mills................ Except 313310--Exception is limited
to facilities previously classified
under SIC 5131, Piece Goods,
Notions, and Other Dry Goods; and
facilities previously classified
under SIC 7389, Business Services,
Not Elsewhere Classified, except
facilities primarily engaged in
solvent recovery services on a
contract or fee basis.
314--Textile Product Mills........ Except 314120--Exception is limited
to facilities previously classified
under SIC 5714, Drapery, Curtain,
and Upholstery Stores.
Except 314999--Exception is limited
to facilities previously classified
under SIC 7389, Business Services,
Not Elsewhere Classified, except
facilities primarily engaged in
solvent recovery services on a
contract or fee basis.
[[Page 43778]]
315--Apparel Manufacturing........ Except 315290--Exception is limited
to facilities previously classified
under SIC 5699, Miscellaneous
Apparel and Accessory Stores.
316--Leather and Allied Product ....................................
Manufacturing.
321--Wood Product Manufacturing... ....................................
322--Paper Manufacturing.......... ....................................
323--Printing and Related Support Except 323111--Exception is limited
Activities. to facilities previously classified
under SIC 7334, Photocopying and
Duplicating Services.
324--Petroleum and Coal Products ....................................
Manufacturing.
325--Chemical Manufacturing....... Except 325998--Exception is limited
to facilities previously classified
under SIC 7389, Business Services,
Not Elsewhere Classified.
326--Plastics and Rubber Products Except 326212--Exception is limited
Manufacturing. to facilities previously classified
under SIC 7534, Tire Retreading and
Repair Shops.
327--Nonmetallic Mineral Product Except 327110--Exception is limited
Manufacturing. to facilities previously classified
under SIC 5719, Miscellaneous Home
Furnishings Stores.
331--Primary Metal Manufacturing.. ....................................
332--Fabricated Metal Product ....................................
Manufacturing.
333--Machinery Manufacturing
334--Computer and Electronic Except 334610--Exception is limited
Product Manufacturing. to facilities previously classified
under SIC 7372, Prepackaged
Software; and to facilities
previously classified under SIC
7819, Services Allied to Motion
Picture Production.
335--Electrical Equipment, Except 335312--Exception is limited
Appliance, and Component to facilities previously classified
Manufacturing. under SIC 7694, Armature Rewinding
Shops.
336--Transportation Equipment ....................................
Manufacturing.
337--Furniture and Related Product Except 337110--Exception is limited
Manufacturing. to facilities previously classified
under SIC 5712, Furniture Stores.
Except 337121--Exception is limited
to facilities previously classified
under SIC 5712, Furniture Stores.
Except 337122--Exception is limited
to facilities previously classified
under SIC 5712, Furniture Stores.
339--Miscellaneous Manufacturing.. Except 339113--Exception is limited
to facilities previously classified
under SIC 5999, Miscellaneous
Retail Stores, Not Elsewhere
Classified.
Except 339115--Exception is limited
to lens grinding facilities
previously classified under SIC
5995, Optical Goods Stores.
Except 339116--Exception is limited
to facilities previously classified
under SIC 8072, Dental
Laboratories.
111998--All Other Miscellaneous Limited to facilities previously
Crop Farming. classified under SIC 2099, Food
Preparations, Not Elsewhere
Classified.
113310--Logging
211130--Natural Gas Extraction.... Limited to facilities that recover
sulfur from natural gas and
previously classified under SIC
2819, Industrial Inorganic
Chemicals, Not Elsewhere
Classified.
212323--Kaolin, Clay, and Ceramic Limited to facilities operating
and Refractory Minerals Mining. without a mine or quarry and
previously classified under SIC
3295, Minerals and Earths, Ground
or Otherwise Treated.
212390--Other Nonmetallic Mineral Limited to facilities previously
Mining and Quarrying. classified under SIC 3295, Minerals
and Earths, Ground or Otherwise
Treated.
488390--Other Support Activities Limited to facilities previously
for Water Transportation. classified under SIC 3731,
Shipbuilding and Repairing.
512230--Music Publishers.......... Except facilities previously
classified under SIC 8999,
Services, Not Elsewhere Classified.
512250--Record Production and Limited to facilities previously
Distribution. classified under SIC 3652,
Phonograph Records and Prerecorded
Audio Tapes and Disks.
5131--Publishing Industries....... Except for facilities primarily
engaged in web search portals and
except for facilities previously
classified under SIC 7331, Direct
Mail Advertising Services and SIC
8999, Services Not Elsewhere
Classified.
516210--Media Streaming Limited to Internet publishing
Distribution Services, Social facilities previously classified
Networks, and Other Media under SIC 2711, Newspapers:
Networks and Content Providers. Publishing, or Publishing and
Printing; facilities previously
classified under SIC 2721,
Periodicals: Publishing, or
Publishing and Printing; facilities
previously classified under SIC
2731, Books: Publishing, or
Publishing and Printing; facilities
previously classified under SIC
2741, Miscellaneous Publishing;
facilities previously classified
under SIC 2771, Greeting Cards;
Except for facilities primarily
engaged in web search portals.
519290--Web Search Portals and All Limited to Internet publishing
Other Information Services. facilities previously classified
under SIC 2711, Newspapers:
Publishing, or Publishing and
Printing; facilities previously
classified under SIC 2721,
Periodicals: Publishing, or
Publishing and Printing; facilities
previously classified under SIC
2731, Books: Publishing, or
Publishing and Printing; facilities
previously classified under SIC
2741, Miscellaneous Publishing;
facilities previously classified
under SIC 2771, Greeting Cards;
Except for facilities primarily
engaged in web search portals.
541713--Research and Development Limited to facilities previously
in Nanotechnology. classified under SIC 3764, Guided
Missile and Space Vehicle
Propulsion Units and Propulsion
Unit Parts; and facilities
previously classified under SIC
3769, Guided Missile and Space
Vehicle Parts and Auxiliary
Equipment, Not Elsewhere
Classified.
541715--Research and Development Limited to facilities previously
in the Physical, Engineering, and classified under SIC 3764, Guided
Life Sciences (except Missile and Space Vehicle
Nanotechnology and Biotechnology). Propulsion Units and Propulsion
Unit Parts; and facilities
previously classified under SIC
3769, Guided Missile and Space
Vehicle Parts and Auxiliary
Equipment, Not Elsewhere
Classified.
811490--Other Personal and Limited to facilities previously
Household Goods Repair and classified under SIC 3732, Boat
Maintenance. Building and Repairing.
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[[Page 43779]]
(c) NAICS codes that correspond to SIC codes other than SIC codes
20-39.
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211130--Natural Gas Extraction.... Limited to facilities classified
under SIC 1321, Natural Gas
Liquids.
212114--Surface Coal Mining.......
212115--Underground Coal Mining... ....................................
212220--Gold Ore and Silver Ore ....................................
Mining.
212230--Copper, Nickel, Lead and ....................................
Zinc Mining.
212290--Other Metal Ore Mining.... Limited to facilities previously
classified under SIC 1061,
Ferroalloy Ores, Except Vanadium
(nickel); and facilities previously
classified under SIC 1099,
Miscellaneous Metal Ores, Not
Elsewhere Classified.
221111--Hydroelectric Power Limited to facilities that combust
Generation. coal and/or oil for the purpose of
generating power for distribution
in commerce.
221112--Fossil Fuel Electric Power Limited to facilities that combust
Generation. coal and/or oil for the purpose of
generating power for distribution
in commerce.
221113--Nuclear Electric Power Limited to facilities that combust
Generation. coal and/or oil for the purpose of
generating power for distribution
in commerce.
221114--Solar Electric Power Limited to facilities that combust
Generation. coal and/or oil for the purpose of
generating power for distribution
in commerce.
221115--Wind Electric Power Limited to facilities that combust
Generation. coal and/or oil for the purpose of
generating power for distribution
in commerce.
221116--Geothermal Electric Power Limited to facilities that combust
Generation. coal and/or oil for the purpose of
generating power for distribution
in commerce.
221117--Biomass Electric Power Limited to facilities that combust
Generation. coal and/or oil for the purpose of
generating power for distribution
in commerce.
221118--Other Electric Power Limited to facilities that combust
Generation. coal and/or oil for the purpose of
generating power for distribution
in commerce.
221121--Electric Bulk Power Limited to facilities that combust
Transmission and Control. coal and/or oil for the purpose of
generating power for distribution
in commerce.
221122--Electric Power Limited to facilities that combust
Distribution. coal and/or oil for the purpose of
generating power for distribution
in commerce.
221210--Natural Gas Distribution.. Limited to facilities previously
classified under SIC 4931, Electric
and Other Services Combined and
facilities previously classified
under SIC 4939, Combination
Utilities, Not Elsewhere
Classified.
221330--Steam and Air Conditioning Limited to facilities previously
Supply. classified under SIC 4939,
Combination Utilities, Not
Elsewhere Classified.
424690--Other Chemical and Allied ....................................
Products Merchant Wholesalers.
424710--Petroleum Bulk Stations ....................................
and Terminals.
425120--Wholesale Trade Agents and Limited to facilities previously
Brokers. classified in SIC 5169, Chemicals
and Allied Products, Not Elsewhere
Classified.
562112--Hazardous Waste Collection Limited to facilities primarily
engaged in solvent recovery
services on a contract or fee basis
and previously classified under SIC
7389, Business Services, Not
Elsewhere Classified;
562211--Hazardous Waste Treatment Limited to facilities regulated
and Disposal. under the Resource Conservation and
Recovery Act, subtitle C, 42 U.S.C.
6921 et seq.
562212--Solid Waste Landfill...... Limited to facilities regulated
under the Resource Conservation and
Recovery Act, subtitle C, 42 U.S.C.
6921 et seq.
562213--Solid Waste Combustors and Limited to facilities regulated
Incinerators. under the Resource Conservation and
Recovery Act, subtitle C, 42 U.S.C.
6921 et seq.
562219--Other Nonhazardous Waste Limited to facilities regulated
Treatment and Disposal. under the Resource Conservation and
Recovery Act, subtitle C, 42 U.S.C.
6921 et seq.
562920--Materials Recovery Limited to facilities regulated
Facilities. under the Resource Conservation and
Recovery Act, subtitle C, 42 U.S.C.
6921 et seq.
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[FR Doc. 2022-15287 Filed 7-21-22; 8:45 am]
BILLING CODE 6560-50-P
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