Rule2022-25375
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
November 28, 2022
Effective
December 28, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing updates to 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 is implementing the 2022 codes for TRI Reporting Year 2022 (i.e., facilities reporting to TRI are 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 does not change as a result of this rulemaking, nor does 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 227 (Monday, November 28, 2022)</title>
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[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Rules and Regulations]
[Pages 72891-72898]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25375]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372
[EPA-HQ-OPPT-2022-0387; FRL-9529-02-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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
updates to 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 is
implementing the 2022 codes for TRI Reporting Year 2022 (i.e.,
facilities reporting to TRI are 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 does not change as a result of this rulemaking,
nor does 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: This final rule is effective on December 28, 2022.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2022-0387, is available online
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or in-person at the Office of Pollution
Prevention and Toxics (OPPT) Docket, Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC. The Public Reading Room 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 OPPT Docket is (202)
566-0280. Please review the visitor instructions and additional
information about the docket 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 (Mail code: 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#a5c1c0c4cb8bd7c4c6cdc0c9e5c0d5c48bc2cad3"><span class="__cf_email__" data-cfemail="90f4f5f1febee2f1f3f8f5fcd0f5e0f1bef7ffe6">[email protected]</span></a>.
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
[[Page 72892]]
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.
<bullet> Facilities that the EPA Administrator has specifically
required to report to TRI pursuant to a determination under EPCRA
section 313(b)(2).
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, and
<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). With this final rule, EPA is
amending 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 activities (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 amending 40 CFR part 372 to update the 2022
NAICS codes for TRI reporting. In addition, EPA is including 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 updating the CFR to account for the
discretionary authority provision provided in EPCRA section 313(b)(2)
(42 U.S.C. 11023(b)(2)). Lastly, EPA is updating 40 CFR part 372.22(b)
to reflect the revised codes and TRI reporting years for which the 2022
NAICS codes are applicable.
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.
II. Background
A. What did EPA propose?
In a proposed rule issued in July 2022 (Ref. 3), EPA proposed to
update the list of NAICS codes subject to TRI reporting to reflect OMB
2022 NAICS code
[[Page 72893]]
revision. EPA did not propose changes to the TRI reporting
requirements.
B. Did EPA receive any public comments?
The Agency received one comment on the proposed rule, which
expressed general support for the updates.
III. Summary of the Final Rule
With this action, EPA is finalizing the proposed updates to the
NAICS codes with a few corrections as discussed in this unit.
A. NAICS Codes Updated To Conform With the 2022 NAICS Code
Modifications
Due to the 2022 NAICS code modifications, some facilities will need
to modify their reported NAICS codes as outlined in Table 1, which
identifies only the revised TRI NAICS 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 are not 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 2017 NAICS and U.S. 2022 NAICS 2022 NAICS and U.S.
code description code description
------------------------------------------------------------------------
212111 Bituminous Coal and 212114 Surface Coal
Lignite Surface Mining.
Mining.
212112 Bituminous Coal 212115 Underground Coal
Underground Mining. Mining.
212113 Anthracite Mining-- 212114 Surface Coal
anthracite surface Mining.
mining activity.
212113 Anthracite Mining-- 212115 Underground Coal
anthracite Mining.
underground mining
activity.
212221 Gold Ore Mining.... 212220 Gold Ore and Silver
Ore Mining.
212222 Silver Ore Mining.. '' ''
212299 All Other Metal Ore 212290 Other Metal Ore
Mining. Mining.
This merges both
TRI-covered and
non-TRI-covered
NAICS codes. Only
212299: All Other
Metal Ore Mining
was covered by
TRI. TRI notes
that only ``All
Other Metal Ore
Mining''
facilities under
NAICS code 212290
are required to
report.
212324 Kaolin and Ball 212323 Kaolin, Clay, and
Clay Mining. Ceramic and
Refractory
Minerals Mining.
212325 Clay and Ceramic '' ''
and Refractory
Minerals Mining.
212393 Other Chemical and 212390 Other Nonmetallic
Fertilizer Mineral Mineral Mining and
Mining. Quarrying.
212399 All Other '' ''
Nonmetallic This merges both
Mineral Mining. TRI-covered and
non-TRI-covered
NAICS codes. Only
212393 and 212399
were covered by
TRI. TRI notes
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 315120 Apparel Knitting
Mills. Mills.
315190 Other Apparel '' ''
Knitting Mills.
315220 Men's and Boys' Cut 315250 Cut and Sew Apparel
and 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 316990 Other Leather and
Purse Allied Product
Manufacturing. Manufacturing.
316998 All Other Leather '' ''
Good and Allied
Product
Manufacturing.
321213 Engineered Wood 321215 Engineered Wood
Member (except Member
Truss) Manufacturing.
Manufacturing.
321214 Truss Manufacturing '' ''
322121 Paper (except 322120 Paper Mills.
Newsprint) Mills.
322122 Newsprint Mills.... '' ''
325314 Fertilizer (Mixing 325314 Fertilizer (Mixing
Only) 325315 Only)
Manufacturing. Manufacturing.
Compost
Manufacturing.
333244 Printing Machinery 333248 All Other
Equipment Industrial
Manufacturing. Machinery
Manufacturing.
333249 Other Industrial '' ''
Machinery
Manufacturing.
333314 Optical Instrument 333310 Commercial and
and Lens Service Industry
Manufacturing. Machinery
Manufacturing.
333316 Photographic and '' ''
Photocopying
Equipment
Manufacturing.
333318 Other Commercial '' ''
and Service
Industry Machinery
Manufacturing.
333997 Scale and Balance 333998 All Other
Manufacturing. Miscellaneous
General Purpose
Machinery
Manufacturing.
333999 All Other '' ''
Miscellaneous
General Purpose
Machinery
Manufacturing.
334613 Blank Magnetic and 334610 Manufacturing and
Optical Recording Reproducing
Media Magnetic and
Manufacturing. Optical Media.
334614 Software and Other '' ''
Prerecorded
Compact Disc,
Tape, and Record
Reproducing.
335110 Electric Lamp Bulb 335139 Electric Lamp Bulb
and Part and Other Lighting
Manufacturing. Equipment
Manufacturing.
335121 Residential 335131 Residential
Electric Lighting Electric Lighting
Fixture Fixture
Manufacturing. Manufacturing.
335122 Commercial, 335132 Commercial,
Industrial, and Industrial, and
Institutional Institutional
Electric Lighting Electric Lighting
Fixture Fixture
Manufacturing. Manufacturing.
335129 Other Lighting 335139 Electric Lamp Bulb
Equipment and Other Lighting
Manufacturing. Equipment
Manufacturing.
335911 Storage Battery 335910 Battery
Manufacturing. Manufacturing.
335912 Primary Battery '' ''
Manufacturing.
336111 Automobile 336110 Automobile and
Manufacturing. Light Duty Motor
Vehicle
Manufacturing.
336112 Light Truck and '' ''
Utility Vehicle
Manufacturing.
337124 Metal Household 337126 Household Furniture
Furniture (except Wood and
Manufacturing. Upholstered)
Manufacturing.
337125 Household Furniture '' ''
(except Wood and
Metal)
Manufacturing.
[[Page 72894]]
425110 Business to 425120 Wholesale Trade
Business Agents and
Electronic Markets. Brokers.
511110 Newspaper 513110 Newspaper
Publishers. Publishers.
511120 Periodical 513120 Periodical
Publishers. Publishers.
511130 Book Publishers.... 513130 Book Publishers.
511140 Directory and 513140 Directory and
Mailing List Mailing List
Publishers. Publishers.
511191 Greeting Card 513191 Greeting Card
Publishers. Publishers.
511199 All Other 513199 All Other
Publishers. Publishers.
519130 Internet Publishing 513110 Newspaper
and Broadcasting Publishers.
and Web Search
Portals--Internet
Newspaper
Publishers
activity.
519130 Internet Publishing 513120 Periodical
and Broadcasting Publishers.
and Web Search
Portals--Internet
Periodical
Publishers
activity.
519130 Internet Publishing 513130 Book Publishers.
and Broadcasting
and Web Search
Portals--Internet
Book Publishers
activity.
519130 Internet Publishing 513140 Directory and
and Broadcasting Mailing List
and Web Search Publishers.
Portals--Internet
Directory and
Mailing List
Publishers
activity.
519130 Internet Publishing 513191 Greeting Card
and Broadcasting Publishers.
and Web Search
Portals for
Internet Greeting
Card Publishers
activity.
519130 Internet Publishing 513199 All Other
and Broadcasting Publishers.
and Web Search
Portals for All
other Internet
Publishers
activity.
519130 Internet Publishing 516210 Media Streaming
and Broadcasting Distribution
and Web Search Services, Social
Portals--Internet Networks, and
Broadcasting Other Media
activity. 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 notes
that only certain
``Internet
Broadcasting''
facilities under
NAICS code 516210
are required to
report.
519130 Internet Publishing 519290 Web Search Portals
and Broadcasting and All Other
and Web Search Information
Portals--Web Services.
Search Portals This merges both
activity. TRI-covered and
non-TRI-covered
NAICS codes. Only
519130: Internet
Publishing and
Broadcasting and
Web Search Portals
was covered by
TRI. TRI notes
that only certain
``Web Search
Portals''
facilities under
NAICS code 519290
are required to
report.
------------------------------------------------------------------------
B. Listing of Certain NAICS Codes in the Utilities Industry Sector
Additionally, EPA is finalizing the listing of the following NAICS
manufacturing codes at 40 CFR 372.23 that are subject to TRI reporting
requirements: 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. 4).
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. 4).
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 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 are
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 is addressing 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 is adding 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//">https://www.census.gov//</a>.
C. 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
[[Page 72895]]
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 codifying 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 edit is a
conforming edit to accommodate the longstanding discretionary authority
under EPCRA section 313(b)(2), and this edit does 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.
D. Updates to 40 CFR 372.22(b)
EPA is finalizing conforming edits at 40 CFR 372.22(b), which
identifies the NAICS code version to use for TRI reporting purposes.
The finalized language reflects the updated version of NAICS codes and
the TRI reporting years for which they are applicable. The proposed
regulatory text that accompanied the notice of proposed rulemaking did
not reflect this conforming edit which is needed to reflect the revised
codes and TRI reporting years for which the 2022 NAICS codes are
applicable. Accordingly, this final rule also updates the NAICS code
versions and reporting years listed at 40 CFR 372.22(b).
IV. 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. Community Right-To-Know; Adopting 2022 North American
Industry Classification System (NAICS) Codes for Toxics Release
Inventory (TRI) Reporting; Proposed Rule. Federal Register. 87 FR
43772, July 22, 2022 (FRL-9529-01-OCSPP).
4. 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).
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/regulations/and-executive-orders">https://www.epa.gov/regulations/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 because this rule has no net burden on the
small entities subject to the rule. This rule adds no new reporting
requirements and there is no net increase in respondent burden and
costs. This rule only updates the NAICS codes already reported by
respondents and makes other conforming edits to the existing
regulation. 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 not significantly or uniquely affect
small governments. The action imposes 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). 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. 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), 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.
[[Page 72896]]
H. Executive Order 13211: Actions Concerning Regulations 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 and has not otherwise been designated as a
significant energy action by the Administrator of the Office of
Information and Regulatory Affairs.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards that would
require Agency consideration under NTTAA section 12(d), 15 U.S.C. 272.
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) 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 (people of color) and low-income
populations. EPA believes that updating the list of NAICS codes subject
to TRI reporting does not concern human health or environmental
conditions and therefore cannot be evaluated with respect to
potentially disproportionate and adverse effects on people of color,
low-income populations and/or indigenous peoples.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5 U.S.C. 801 et seq., and the
EPA will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 372
Environmental protection, Community right-to-know, Reporting and
recordkeeping requirements, Toxic chemicals.
Dated: November 15, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
Therefore, for the reasons set forth in the preamble, 40 CFR
chapter I is 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 text, paragraph (b),
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 Sec. 372.30, if the facility meets either all of
the criteria in paragraphs (a), (b), and (c) of this section, or all of
the criteria in paragraphs (c) and (d) of this section, for that
calendar year.
* * * * *
(b) The facility is in a Standard Industrial Classification (SIC)
(as in effect on January 1, 1987) major group or industry code listed
in Sec. 372.23(a), for which the corresponding North American Industry
Classification System (NAICS) (as in effect on January 1, 2022, for
reporting year 2022 and thereafter) subsector and industry codes are
listed in Sec. Sec. 372.23(b) and 372.23(c) by virtue of the fact that
it meets one of the following criteria:
* * * * *
(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 Sec. 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.
------------------------------------------------------------------------
------------------------------------------------------------------------
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.
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.
[[Page 72897]]
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--Newspaper, Periodical, Book, Except for facilities primarily
and Directory Publishers. 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.
------------------------------------------------------------------------
(c) NAICS codes that correspond to SIC codes other than SIC codes
20-39.
------------------------------------------------------------------------
------------------------------------------------------------------------
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.
[[Page 72898]]
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.
------------------------------------------------------------------------
* * * * *
[FR Doc. 2022-25375 Filed 11-25-22; 8:45 am]
BILLING CODE 6560-50-P
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