[Federal Register: March 21, 2003 (Volume 68, Number 55)]
[Proposed Rules]
[Page 13872-13887]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21mr03-26]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372
[TRI-2002-0003; FRL-7469-7]
RIN 2025-AA10
Community Right-to-Know; Toxic Chemical Release Reporting Using
North American Industry Classification System (NAICS); Comment Request
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On April 9, 1997, the Office of Management and Budget (OMB)
[[Page 13873]]
published a Federal Register Notice of final decision to adopt the
North American Industry Classification System (NAICS) for the United
States. NAICS is a new industry classification system that will replace
the Standard Industrial Classification (SIC) system that has
traditionally been used by government agencies for collecting
statistical data and for other administrative and regulatory purposes.
Under section 313 of the Emergency Planning and Community Right-to-
Know Act of 1986 (EPCRA) and section 6607 of the Pollution Prevention
Act of 1990 (PPA), facilities that are classified in specified SIC
codes are subject to Toxics Release Inventory (TRI) reporting. In this
notice, EPA is proposing to include in the regulations the NAICS codes
that correspond to the SIC codes that are currently subject to the TRI
reporting requirements. EPA is also proposing that faciliteis that are
subject to TRI reporting requirements report both SIC and NAICS codes
on EPCRA section 313 reporting forms for the first full reporting
period after the effective date of the final rule. Thereafter,
facilities that are subject to TRI reporting requirements would be
required to report their NAICS codes only. Finally, EPA is proposing to
amend the regulations to extend the exemption provided therein to
owners of covered facilities who lease, with no other business
interest, such facilities to operators of establishments that are
classified in any SIC code or NAICS code that is subject to TRI
requirements. EPA is soliciting comments on these proposals and on a
list of NAICS codes that will correspond to the SIC codes that are
currently subject to TRI reporting requirements.
DATES: Written comments, identified by the docket control number OEI-
10017, must be received by EPA on or before May 20, 2003.
ADDRESSES: Comments may be submitted by mail: Send three copies of your
comments to: Document Control Office, Office of Environmental
Information (OEI), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460. Comments may also be
submitted electronically, or in person. Please follow the detailed
instructions for each method as provided in Unit I.C and I.D. of the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: For general information on TRI,
contact the Emergency Planning and Community Right-to-Know Hotline at
(800) 424-9346 or (703) 412-9810, TDD (800) 553-7672, http://
www.epa.gov/epaoswer/hotline/.
For specific information on this
www.epa.gov/epaoswer/hotline/. For specific information on this
rulemaking contact: Judith Kendall, Toxics Releases Inventory Program
Divison (2844), OEI, Environmental Protection Agency, Ariel Rios
Building, 1200 Pennsylvania Ave. NW., Washington, DC 20460, Telephone:
202-566-0750; Fax: 202-566-0741; email: kendall.judith@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Notice Apply to Me?
Entities that may be affected by this action are those facilities
that have 10 or more full time employees or the equivalent 20,000 hours
per year, that manufacturer, process, or otherwise use certain toxic
chemicals listed on the Toxics Release Inventory (TRI), and which are
required under section 313 of the Emergency Planning and Community
Right-to-Know Act of 1986 (EPCRA) and section 6607 of the Pollution
Prevention Act (PPA) to report annually to EPA and States their
environmental releases and other waste management quantities of such
chemicals. Under Executive Order 13148, revised April 26, 2000 (65 FR
24599), all of federal facilities are to comply with the provisions set
forth in Section 313 of EPCRA and section 6607 of the PPA. Federal
facilities are to comply with those provisions without regard to SIC or
NAICS delineations.
Potentially affected categories and entities may include, but are
not limited to:
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Category Examples of potentially affected entities
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Industry..................... SIC major group codes 10 (except 1011,
1081, and 1094), 12 (except 1241), or 20
through 39; industry codes 4911, 4931,
or 4939 (limited to facilities that
combust coal and/or oil for the purpose
of generating power for distribution in
commerce); or 4953 (limited to
facilities regulated under the Resource
Conservation and Recovery Act, subtitle
C, 42 U.S.C. section 6921 et. seq.), or
5169, or 5171, or 7389 (limited to
facilities primarily engaged in solvent
recovery services on a contract or fee
basis).
Federal Government........... Federal facilities.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding likely to be affected by this action. Other
types of entities are listed in the table could also be affected. To
determine whether your facility would be affected by this action, you
should carefully examine the applicability criteria in part 372,
subpart B of Title 40 of the Code of Federal Regulations. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed in the FOR FURTHER INFORMATION
CONTACT section.
B. How Can I Get Copies of This Document and Other Related Information?
1. In person. EPA has established an official public docket for
this action under Docket ID No. TRI-2002-0003. The official public
docket consists of the documents specifically referenced in this
action, any public comments received, and other information related to
this action. Although a part of this official docket, the public docket
does not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public docket is the collection of materials that is available for
public viewing at the OEI Docket in the EPA Docket Center, (EPA/DC) EPA
West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA
Docket Center Pubic 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 OEI Docket is (202) 566-1752.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http:www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public dockets, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket identification number.
Certain types of information will not be placed in the EPA Docket.
[[Page 13874]]
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extend
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B. EPA intends to work towards
providing electronic access to all of the publicly available docket
materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provided a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
For additional information about EPA's electronic public docket
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.
C. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number (i.e., ``TRI-2002-2003) in the
subject line on the first page of your comment. Please ensure that your
comments are submitted within the specified comment period. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments. If you wish to
submit CBI or information that is otherwise protected by statute,
please follow the instructions in Unit I.D. Do not use EPA Dockets or
e-mail to submit CBI or information protected by statute.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/
edocket
, and follow the online instructions for submitting comments. To
access EPA's electronic public docket from the EPA Internet Home Page,
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once
in the system, select ``search,'' and then key in Docket ID No. TRI-
2003-0003. The system is an ``anonymous access'' system, which means
EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comment may be sent by electronic mail (e-mail) to
oei.docket@epa.gov. Attention Docket ID No. TRI-2002-0003. In contrast
to EPA's electronic public docket, EPA's e-mail system is not an
``anonymous access'' system. If you send an e-mail comment directly to
the Docket without going through EPA's electronic public docket, EPA's
e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
All comments and data in electronic form must be identified by the
docket control number TRI-2002-0003. Electronic comments on this
document may also be filed online at many Federal Depository Libraries.
2. By Mail. Send three copies of your comments to: Document Control
Office, Office of Environmental Information (OEI), U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
3. By Hand Delivery or Courier. Comments may be delivered in person
or by courier to: EPA Docket Center (EPA/DC) EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC, attention Docket ID No. TRI-
2002-0003.
D. How Should I Handle CBI Information That I Want To Submit to the
Agency?
All comments which contain information claimed as CBI must be
clearly marked as such. Three sanitized copies of any comments
containing information claimed as CBI must also be submitted and will
be placed in the public record for this document. Persons submitting
information any portion of which they believe is entitled to treatment
as CBI by EPA must assert a business confidentiality claim in
accordance with 40 CFR 2.203(b) for each such portion. This claim must
be made at the time that the information is submitted to EPA.
Information covered by such a claim will be disclosed by EPA only to
the extent, and by means of the procedures set forth in 40 CFR part 2,
subpart B. If a confidentiality claim does not accompany the
information when it is received by EPA, the information may be made
available to the public by EPA without further notice to the submitter.
[[Page 13875]]
II. What Is EPA's Statutory Authority for Taking This Action?
This proposed rule is being issued under sections 313(g)(1) and 328
of EPCRA, 42 U.S.C. 11023(g)(1) and 11048. EPCRA is also referred to as
Title III of the Superfund Amendments and Reauthorization Act of 1986
(SARA) (Pub. L. 99-499). In general, section 313 of EPCRA requires
owners and operators of facilities in specified SIC codes that
manufacture, process, or otherwise use a listed toxic chemical in
amounts above specified threshold levels to report certain facility
specific information about such chemicals, including the annual
releases and other waste management quantities. Section 313(g)(1) of
EPCRA 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. Section
313(g)(1)(A) requires owners and operators of facilities that are
subject to section 313 requirements to report the principal business
activities at the facilities. However, Congress provided no guidance as
to how such activities should be described. In the past, EPA has
required owners and operators of such facilities to identify their
principal business activities by reporting, among other things, their
primary, and any other applicable SIC codes for the facility. Congress
also granted EPA broad rulemaking authority to allow the Agency to
fully implement the statute. EPCRA section 328 authorizes the
``Administrator [to] prescribe such regulations as may be necessary to
carry out this chapter.'' 42 U.S.C. 11048.
Consistent with these authorities, EPA is proposing to amend 40 CFR
part 372 to include the NAICS codes that correspond to the SIC codes
that are currently subject to section 313 of EPCRA and section 6607 of
the PPA. EPA is further proposing that owners and operators of
facilities that are subject to section 313 identify their principal
business activities by both SIC and NAICS codes for the first full
reporting year after the effective date of the final rule, and
thereafter by NAICS code only. Finally, EPA is proposing to amend 40
CFR 372.38(e) to extend the exemption provided therein to owners of
covered facilities who lease, with no other business interest, such
facilities to operators of establishments that are classified in any
SIC code or NAICS code that is subject to TRI requirements.
III. Overview of Proposed Rule
In this notice, EPA is proposing to include in 40 CFR part 372 the
NAICS codes that correspond to the SIC codes that are currently subject
to TRI reporting requirements. The purpose of this proposal would be to
facilitate the transition from reporting of SIC codes on TRI reporting
forms to reporting of NAICS codes. This proposed rule would not affect
the universe of facilities that is currently required to report under
section 313 of EPCRA and section 6607 of the PPA because EPA is not
proposing to add or delete industry groups from the list of industries
that are currently subject to section 313 reporting requirements. EPA
would simply be assigning NAICS codes to the SIC codes that are
currently subject to TRI reporting requirements. Accordingly,
consistent with the language of section 313(a)(1)(A), SIC codes would
still remain in the proposed regulatory text as the basis for
identifying the industries that are subject to TRI requirements.
EPA is also proposing amendments to 40 CFR 372.38(g) and (h), and
40 CFR 372.45 to include the NAICS codes that will be subject to the
exemption and notification requirements of those sections. Finally, EPA
is proposing to amend 40 CFR 372.38(e) to extend the exemption provided
therein to owners of covered facilities who lease, with no other
business interest, such facilities to operators of establishments that
are classified in any SIC code or NAICS code that is subject to TRI
reporting requirements.
IV. Background
A. What Is TRI and Which Facilities Are Currently Required To Report to
TRI?
Section 313 of EPCRA and section 6607 of the PPA require owners and
operators of certain facilities called ``covered facilities'' to
annually report to EPA and State governments their releases and other
waste management quantities of listed toxic chemicals. 42 U.S.C. 11023,
13106. In general, a covered facility is one that: (1) Manufactures,
processes, or otherwise uses one or more listed toxic chemicals in
excess of specified threshold quantities; (2) has 10 or more full time
employees or the equivalent 20,000 hours per year, and; (3) is
classified in an applicable Standard Industrial Classification (SIC)
code. 42 U.S.C. 11023(b)(1)(A); 40 CFR 372.22. Information collected
pursuant to section 313 of EPCRA and section 6607 of PPA is organized
into a national data base called the Toxics Release Inventory (TRI)
which is readily accessible to the public, researchers, industry,
government agencies, and other interested parties.
When Congress enacted EPCRA, it specifically identified the
manufacturing sector, which included facilities in SIC major group
codes 20 through 39, as being subject to the reporting requirements of
section 313. See Section 313(a)(1)(A) which states:
The requirements of this section shall apply to owners and operators
of facilities that have 10 or more full time employees and that are
in Standard Industrial Classification Codes 20 through 39 (as in
effect on July 1, 1985) and that manufactured, processed or
otherwise used a toxic chemical listed under subsection (c) of this
section in excess of the quantity of that chemical established under
subsection (f) of this section during the calendar year for which a
release form is required under this section.
In addition, pursuant to section 313(b)(1)(B), EPA added seven
industry groups to the list of industries required to report to TRI.
See 62 FR 23833, May 1, 1997 (hereinafter referred to as the Industry
Expansion Rule). These industries included metal mining, coal mining,
electrical utilities that combust coal and/or oil for the purpose of
generating power for distribution in commerce, certain facilities
regulated under the Resource Conservation and Recovery Act (RCRA)
subtitle C, chemical wholesalers, petroleum terminals and bulk stations
and solvent recovery services. As a result, those facilities with the
following SIC code designations (that meet all other applicable
threshold criteria for TRI reporting) must report toxic chemical
releases and other waste management quantities of toxic chemicals each
year: SIC major group codes 10 (except 1011, 1081, and 1094), 12
(except 1241), or 20 through 39; industry codes 4911, 4931, or 4939
(limited to facilities that combust coal and/or oil for the purpose of
generating power for distribution in commerce); or 4953 (limited to
facilities regulated under the Resource Conservation and Recovery Act,
subtitle C, 42 U.S.C. section 6921 et seq.), or 5169, or 5171, or 7389
(limited to facilities primarily engaged in solvent recovery services
on a contract or fee basis). See 40 CFR 372.22.
B. What Action Is EPA Proposing in This Notice?
On April 9, 1997, the Office of Management and Budget (OMB)
published a Federal Register Notice of final decision (62 FR 17288) to
adopt the North American Industrial Classification System (NAICS) for
the United States, a new economic classification system that replaces
the
[[Page 13876]]
SIC system which has traditionally been used by the federal government
for collecting and organizing industry-related statistics. OMB's
Economic Classification Policy Committee (ECPC) developed NAICS in
cooperating with the Instituto Nacional de Estad[iacute]stica,
Geograf[iacute]a e Inform[aacute]tica (INEGI) of Mexico and Statistics
Canada, in order to standardize the industrial statistics produced by
the three countries. It was felt that the SIC system was inadequate for
this purpose, in part because it classified industries on the basis of
several different economic concepts. NAICS, on the other hand,
classifies establishments according to similarities in the processes
used to produce goods and services. NAICS is the first industry
classification system developed in accordance with a single principle
of aggregation, the principle that producing units that use similar
production processes should be grouped together in the
classification.?
Notwithstanding its primary function as a tool to aid in the
collection and organization of industrial statistical information, OMB
recognized that NAICS, like its predecessor, SIC, may also be
effectively used for nonstatistical purposes including administrative,
tax and regulatory programs. However, in its notice of final decision
adopting NAICS for the United States, OMB instructed the heads of
government agencies to determine that NAICS industry definitions are
appropriate for the implementation of such programs before agencies use
NAICS codes in them. See 62 FR 17288, 17294. For the reasons discussed
in Unit IV.D. below, EPA's Administrator has determined that NAICS
industry definitions will be appropriate for implementing section 313
of EPCRA and section 6607 of the PPA. EPA is therefore proposing to
amend 40 CFR part 372 to include the NAICS codes that correspond to the
SIC codes that are currently subject to the reporting requirements of
section 313 of EPCRA and section 6607 of the PPA. In addition, EPA is
proposing to amend 40 CFR 372.85(b)(5) and 372.95(b)(10) such that
covered facilities would report their appropriate NAICS codes on the
TRI reporting form, Form, R, and in Alternate Threshold Certification
Statements, Form A, where applicable. Covered facilities would be
required to report both their appropriate SIC and NAICS codes on Form R
and on the Alternate Threshold Certification Statements for the first
full reporting year after the effective date of the final rule, and
thereafter their NAICS codes only. EPA is also proposing amendments to
40 CFR 372.38(g) and (h), and 40 CFR 372.45 to include the NAICS codes
that will be subject to the exemption and notification requirements of
those sections.
Finally, EPA is proposing to amend 40 CFR 372.38(e) to extend the
exemption provided therein to owners of covered facilities who lease,
with no other business interest, such facilities to operators of
establishment that are classified in any SIC code or NAICS code that is
subject to TRI reporting requirements. EPA solicits your comments on
these proposals and welcomes your suggestions for facilitating the
transition of TRI reporting from SIC codes to NAICS codes.
C. Will This Proposed Rule Affect the Universe of Facilities That Are
Currently Required To Report to TRI?
This proposed rule would not affect the universe of facilities that
is currently required to report under section 313 of EPCRA and section
6607 of the PPA because EPA is not proposing to add or delete industry
groups from the list of industries that are currently subject to
section 313 reporting requirements. EPA is simply assigning NAICS codes
to those SIC codes that are already subject to section 313 reporting
requirements, and requiring covered facilities in those industries to
report the NAICS code that corresponds to the covered SIC code.
For purposes of TRI reporting, section 313 defines covered
facilities in terms of SIC codes. Facilities in the affected SIC codes
are required to report, regardless of how those facilities are
designated in other nomenclature systems. Because inclusion in a
specific SIC code is what triggers the reporting obligation, to use
NAICS codes, EPA must be able to ``cross-walk'' reliably between SIC
codes and NAICS codes. However, SIC codes and NAICS codes do not always
correspond directly; certain industries that are classified in the
``manufacturing'' sector in SIC (i.e., SIC codes 20 through 39), and
therefore are subject to section 313 of EPCRA and section 6607 of the
PPA, are not classified in the ``manufacturing'' sector in NAICS (i.e.,
NAICS codes 31 through 33). For example, Lumber and Wood Products (SIC
24) corresponds to Logging (NAICS 11331), which is a non-manufacturing
industry in NAICS. EPA has identified 18 SIC manufacturing industries
that are currently subject to section 313 of EPCRA and section 6607 of
the PPA that are not classified as NAICS manufacturing industries.
Owners and operators of such facilities would continue to report under
the appropriate NAICS designations (provided they meet all other
applicable TRI reporting criteria), despite the fact that the
facilities are not classified in a manufacturing industry in NAICS.
Conversely, EPA has identified 26 SIC industries that are not currently
subject to section 313 of EPCRA and section 6607 of the PPA, but which
are classified as NAICS manufacturing industries. For example, retail
bakeries are classified in the retail sector in SIC (SIC 5461), but are
classified in the manufacturing sector in NAICS (NAICS 311811). As
explained above, because this current action is not intended to add to
or delete from the list of industry groups that is currently subject to
TRI, the individual facilities not included in the SIC manufacturing
codes will not be required to report simply because NAICS places the
industry in the manufacturing sector.
D. Why Is EPA Proposing To Use NAICS in Addition to SIC for Section 313
and Section 6607 Reporting Purposes?
EPA believes it is appropriate to amend 40 CFR part 372 to include
the NAICS codes that correspond to the SIC codes that are currently
subject to TRI reporting requirements for several reasons. First, the
SIC manual has not been updated since 1987 despite significant changes
in the national economy, and limitations in the structure of the SIC
system have led to difficulties in classifying new and emerging
industries. (North American Industry Classification System manual,
1997, p.21). As a result, the existing SIC systems does not reflect
many of the important changes that have occurred within the national
economy over the last decade or so. More importantly, it will not be
updated in the future because of OMB's adoption of NAICS as the United
States' new industry classification system. Accordingly, facilities
that come into existence in the future will not have experience using
SIC codes and may have difficulty determining whether or not they are
subject to TRI requirements. Moreover, as OMB has recognized, the SIC
system is somewhat cumbersome and inflexible to use because it
classifies industries on the basis of several economic principles
rather than a single, consistent principle (North American Industry
Classification System manual, 1997, p.21). NAICS, on the other hand,
represents a more targeted approach to industry classification,
focusing primarily on production processes. Finally, the conversion to
NAICS is part of EPA's data standards program, which helps promote
efficient data exchange and integration through consistently defined
and formatted data. Using NAICS for TRI reporting purposes will enable
more
[[Page 13877]]
efficient database integration and will promote public access to
commonly defined data from disparate sources.
V. How Did EPA Develop This Proposal and What Are the Issues on Which
EPA Is Interested in Receiving Comment?
A. The Manufacturing Sector: SIC Codes 20 Through 39
This proposal to include the NAICS codes in 40 CFR part 372 that
correspond to the SIC codes that are currently subject to the TRI
requirements is being undertaken with the goal of maintaining coverage
of all facilities that are currently required to report releases and
waste management quantities of listed toxic chemicals. As noted above
in Unit IV.C., if the TRI Program were to adopt a straight 1:1
identification of NAICS facilities to be covered (e.g., SIC
Manufacturing facilities (20-39) [rarr] NAICS Manufacturing facilities
(31-33)), many currently covered facilities would no longer be covered
and other facilities that are not covered now would be added to the
list of covered facilities. This would not be consistent with the
statutory requirements. Therefore, to avoid this problem, the TRI
Program developed an extensive SIC [rarr]NAICS [rarr]SIC crosswalk
document based on U.S. Census Bureau SIC[rarr]NAICS and NAICS[rarr]SIC
conversion tables in order to identify the universe of NAICS codes that
correspond to covered SIC does. [Table 1--1997 NAICS United States
Matched to 1987 U.S. SIC and Table 2--1987 U.S. SIC Matched in 1997
NAICS United States at http://www.census.gov/epcd/www/naicstab.htm]
NAICS United States at http://www.census.gov/epcd/www/naicstab.htm]
From the crosswalk document, EPA is developing a web-based crosswalk
tool for users that links all 4-digit SIC codes that are subject to TRI
requirements to 6-digit NAICS codes that would also be subject to such
requirements.
EPA developed its crosswalk document and is developing the
crosswalk tool by carefully mapping each SIC code to its corresponding
NAICS code or codes, and the mapping each of the resulting NAICS codes
back to SIC. More specifically, for each 3-digit industry subsector in
the NAICS manufacturing sector (i.e., NAICS 311 through 339), EPA
checked the Census Bureau's NAICS to SIC crosswalk table at http://
www.census.gov/
to find industries that are not in the SIC
www.census.gov/ to find industries that are not in the SIC
manufacturing sector (SIC codes 20 through 39), but which have been
classified as manufacturing industries under NAICS. Similarly, EPA
checked the Census Bureau's SIC to NAICS crosswalk table to find SIC
manufacturing industries that are not classified in the NAICS
manufacturing sector. By conducting this mapping, EPA was able to
develop a list of NAICS codes that corresponds to the list of
manufacturing sector SIC codes that are subject to TRI requirements. A
hard copy of the Census Bureau's SIC/NAICS crosswalk document is
included in the docket for this proposed rule.
It is possible that new NAICS codes will be created in the future.
In the event that the Census Bureau does not update its crosswalk to
provide corresponding SIC codes when newly-created NAICS codes are
published, EPA would formally request such a determination from the
Census Bureau. Should the Census Bureau decline the request, EPA would
rely on information such as the definition of the newly-created NAICS
codes and how closely that definition tracks the definitions of covered
SIC codes, the types of activities that are undertaken by facilities
that are classified in the new NAICS code, whether the facilities that
are classified in the new NAICS code were previously classified in a
covered SIC or NAICS code, and other relevant information.
In general, NAICS manufacturing industries that would be subject to
TRI reporting requirements would be identified by their 3-digit
subsector codes (e.g., NAICS 311, 324, 339). In some cases, all of the
six digit NAICS industries that are included within the 3-digit NAICS
industry subsector would be subject to TRI requirements (i.e., all 6
digit NAICS industries within that subsector correspond to industries
with SIC codes that are currently subject to TRI requirements). The
following NAICS manufacturing subsectors contain NAICS industries, all
of which would be subject to TRI requirements: NAICS 316, Leather and
Allied Product Manufacturing; NAICS 321, Wood Product Manufacturing;
NAICS 322, Paper Manufacturing; NAICS 324, Petroleum and Coal Products
Manufacturing; NAICS 327, Nonmentaallic Mineral Product Manufacturing;
NAICS 331, Primary Metal Manufacturing; NAICS 332 Fabricated Metal
Product Manufacturing; NAICS 333, Machinery Manufacturing; and NAICS
336, Transportation Equipment Manufacturing.
In other cases, some, but not all, of the 6 digit NAICS industries
contained within a 3-digit NAICS subsector would be subject to TRI
requirements. Exceptions from the reporting requirements are provided
for industries that were previously classified outside of the SIC
manufacturing sector (SIC codes 20 through 39) but are not classified
within the NAICS manufacturing sector (NAICS codes 31 through 33).
NAICS industry exceptions are identified by their 6-digit NAICS code
and NAICS industry description, and also by their corresponding SIC
code and SIC industry description. For purposes of this preamble and
the proposed rule, EPA has defined ``previously classified'' to mean a
facility that was properly classified, according to 40 CFR 372.22(b),
under a given Standard Industrial Classification code, as identified in
the Standard Industrial Classification Manual, 1987, Executive Office
of the President, Office of Management and Budget. See section 372.3 of
the proposed regulatory text; see generally, Executive Office of the
President, Office of Management and Budget, Standard Industrial
Classification Manual, 1987. Accordingly, owners or operators of
facilities that are properly classified in the excepted industries
because they were properly classified in a SIC industry that is not
currently subject to TRI requirements would not report to TRI under
this proposal. Conversely, owners or operators of manufacturing
facilities that are, or have been, improperly classifying their
facilities in SIC codes that are not currently subject to TRI would
report to TRI under this proposal.
Industry exceptions are limited to specific types of industries
when it is necessary to do so to ensure that the covered facilities
under NAICS are identical to those under SIC. For example, under NAICS
311 (Food Manufacturing), NAICS 311612 (defined as ``Meat Processed
from Carcasses''), is listed as an industry exception. However, NAICS
311612 includes industries that were classified in SIC 2013, ``Sausages
and Other Prepared Meat Products,'' and in SIC 5147, ``Meats and Meat
Products.'' Facilities that were previously classified in the former
industry are currently subject to TRI requirements whereas those that
were previously classified in the latter industry are not. Accordingly,
the exception for NAICS 311612 applies only to those facilities that
were previously classified in SIC 5147. All other facilities included
in NAICS 311612 would report if they satisfy the applicable reporting
criteria
Similarly, under NAICS 325 (Chemical Manufacturing), there is an
exception for certain facilities classified in NAICS 325998
(Miscellaneous Chemical Product and Preparation Manufacturing). This
exception is limited to facilities primarily engaged in filling
pressure containers (i.e., aerosol containers) on a job order or
contract
[[Page 13878]]
basis that were previously classified under SIC 7389 (Business
Services, Not Elsewhere Classified). However, those facilities that
fill pressure containers on a job order or contract basis that were
previously classified in the manufacturing sector under the SIC system
because they are primarily engaged in activities, such as blending of
chemicals, that are considered under the SIC to be manufacturing
activities, would continue to report to TRI.
One of the industry exceptions in NAICS 311, under 311119, Food
Manufacturing, includes facilities that are primarily engaged in Custom
Grain Grinding for Animal Feed. Facilities that conduct custom milling
of animal feed and those that provide mobile feed milling services that
were previously classified under SIC 2048, Prepared Feeds and Feed
Ingredients for Animals and Fowls, Except Dogs and Cats, are not
included in this exception.
At the end of the list of 3-digit NAICS manufacturing subsector
codes and exceptions that appears in this preamble in Unit V.D.1.,
there is a list of additional 6-digit NAICS industries. Some of these
industries are the NAICS equivalents of the SIC industries that were
added to TRI in the Industry Expansion Rule. See Unit V.B. below.
Others were considered manufacturing industries under SIC, but are not
considered manufacturing industries under NAICS. For example, whereas
SIC treats establishments that produce maple syrup from maple sap as
manufacturing establishments classified in SIC 2099 (Food Preparations,
NEC, Reducing Maple Sap to Maple Syrup), NAICS treats establishments
engaged in maple syrup production as an agricultural activity and
classifies such establishments in NAICS 111998 (All Other Miscellaneous
Crop Farming). Despite the NAICS classification, establishments that
reduce maple sap to maple syrup are still subject to TRI requirements.
See Unit IV.C. above. Another notable example of a SIC manufacturing
industry which is no longer classified as such in NAICS is SIC 3295
(Minerals and Earths, Ground or Otherwise Treated). This SIC industry
is composed of establishments operating without a mine or quarry and
that are primarily engaged in crushing, grinding, pulverizing, or
otherwise preparing clay, ceramic, and refractory minerals; barite; and
miscellaneous nonmetallic minerals, except fuels (Standard Industrial
Classification Manual, 1987, p. 170). Such establishments are now
classified within various industries in the mining sector in NAICS
(NAICS code 21), but they are still subject to TRI reporting
requirements.
B. Industries Added to TRI in the Industry Expansion Rule
For the mining industry and for most of the other industries that
were added to the list of industries that are required to report under
the Industry Expansion Rule (62 FR 23833), the crosswalk from SIC to
NAICS based on the Census Bureau's crosswalk tables was more
straightforward. The metal mining industry, SIC major group 10 (except
1011, 1081, and 1094), converted to NAICS 212221 (Gold Ore Mining),
212222 (Silver Ore Mining), 212231 (Lead Ore and Zinc Mining), 212234
(Copper Ore and Mickel Ore Mining), and 212299 (All Other Metal Ore
Mining). The coal mining industry, SIC major group 12 (except 1241),
consists of three 4-digit SIC codes that convert to three 6-digit NAICS
codes: 212111 (Bituminous Coal and Lignite Surface Mining), 212112
(Bituminous Coal Underground Mining), and 212113 (Anthracite Mining).
For electric utilities subject to TRI requirements, three 4-digit
SIC codes-4911, 4931, and 4939-convert to six 6-digit NAICS codes, all
within NAICS 221, the Utilities subsector of the Utilities sector:
221111 (Hydroelectric Power Generation), 221112 (Fossil Fuel Electric
Power Generation, 221113 (Nuclear Electric Power Generation), 221119
(All Other Electric Power Generation), 221121 (Electric Power Bulk
Transmission and Control), and 221122 (Electric Power Distribution).
SIC 4953, Refuse Systems, for which TRI reporting is limited to
facilities regulated under RCRA Subtitle C, converts to five 6-digit
NAICS codes, all within NAICS 562, the Waste Management and Remediation
Services subsector of the Administrator and Support and Waste
Management and Remediation Services sector: 562920 (Materials Recovery
Facilities), 562211 (Hazardous Waste Treatment and Disposal), 562212
(Solid Waste Landfill), 562213 (Solid Waste Combustors and
Incinerators), and 562219 (Other Nonhazardous Waste Treatment and
Disposal).
SIC 5169, Chemicals and Allied Products-Wholesale, converts to only
one 6-digit NAICS code: 422690 (Other Chemical and Allied Products
Wholesalers). In the Census Bureau SIC and NAICS crosswall tables, SIC
5171, Petroleum Bulk Stations and Terminals, is represented by one
NAICS wholesale code (4117, Petroleum Bull Stations and Terminals) and
two NAICS retail codes (454311, Heating Oil Dealers and 454312,
Liquefied Petroleum Gas (Bottled Gas Dealers), even though SIC 5171
includes only establishments primarily engaged in the wholesale
distribution of crude petroleum and petroleum products from bulk liquid
storage facilities. Only facilities that are primarily engaged in the
wholesale distribution of crude petroleum and petroleum products from
bulk liquid storage facilities. Only facilities that are primarily
engaged in the wholesale distribution of crude petroleum and petroleum
products from bulk liquid storage facilities are required to report
waste management quantities and toxic chemical releases to the TRI.
Accordingly, facilities in NAICS 42271 (Petroleum Bulk Stations and
Terminals) are subjects to TRI requirements and those in 454311 and
454312 are not. Retail facilities were never covered under EPCRA 313,
nor do they meet the definition of SIC 5171 which includes
establishments that are primarily engaged in the wholesale distribution
of crude petroleum and petroleum products.
Finally, the crosswalk documents developed by the Census Bureau do
not identify a NAICS code or codes that correspond to SIC 7389, Solvent
Recovery Services (on a contract or fee basis). However, with guidance
from representatives of the Census Bureau, EPA has concluded that NAICS
562112, Collection of Hazardous Waste, is one of two correct
conversions for SIC 7389, Solvent Recovery Services (on a contract or
fee basis). [U.S. Census Bureau letter from Mark E. Wallace to Maria J.
Doa, U.S. EPA]. Establishments with a primary SIC code of 4212, Local
Trucking Without Storage (hazardous waste collection without disposal),
are also included in NAICS 562112. However, because facilities having a
primary SIC code of 4212 are not currently subject to TRI requirements,
they would not report. Solvent recovery services (on a contract or fee
basis) that purify, recycle or otherwise treat solvents collected are
also classified in manufacturing according to the material(s) purified,
recycled, or otherwise treated. [U.S. Census Bureau letter from Mark E.
Wallace to Maria J. Doa, U.S. EPA]. For toxic solvents, these
facilities will fall under NAICS subsector 325, Chemical Manufacturing.
C. Auxiliary Facilities
Auxiliary facilities that are classified in covered SIC codes are
subject to EPCRA section 313 reporting requirements. Today's proposal
does not affect the status of auxiliary facilities for purposes of
reporting under section 313 of EPCRA and section 6607 of the PPA.
However, during the transition year,
[[Page 13879]]
when covered facilities would report both SIC and NAICS codes, off-site
auxiliary establishments would report both the SIC and NAICS codes of
the establishment or facility for which they perform support services.
Thereafter, such facilities would report only the NAICS code of the
establishment or facility for which it performs support services.
Similarly, during the transition year, on-site auxiliary establishments
that report independently from the other establishments in the facility
would report both the SIC and NAICS codes of the covered establishment
or facility for which it performs support services. Thereafter, such
facilities would report only the NAICS code of the establishment or
facility for which it performs support services.
D. Which NAICS Codes Will Be Subject to Tri Requirements Under This
Proposed Rule?
EPA has preliminarily determined that facilities with the following
NAICS codes (and auxiliary facilities that provide support services for
them) would report their toxic chemical releases and other waste
management activities to TRI. Once final, this list will be used for
regulatory and enforcement purposes. As noted above, it is EPA's intent
to include only NAICS codes and industry descriptions on this list that
correspond to SIC codes and industry descriptions that are currently
covered by EPCRA section 313.
1. NAICS Codes That Correspond to SIC Codes 20 Through 39
NAICS 311--Food Manufacturing
Exceptions:
311119--Exception is limited to Custom Grain Grinding for Animal
Feed (previously classified under SIC 0723 Crop Preparation Services
for Market, Except Cotton Ginning);
311330--Exception is limited to Candy Stores, Chocolate, Candy
Made on Premises not for Immediate Consumption (previously
classified under SIC 5441, Candy, Nut, and Confectionery Stores);
311340--Exception is limited to Candy Stores, Nonchocolate,
Candy Made on Premises not for Immediate Consumption (previously
classified under SIC 5441, Candy, Nut, and Confectionery Stores);
311811--Retail Bakeries (previously classified under SIC 5461,
Retail Bakeries);
311611--Exception is limited to Custom Slaughtering (previously
classified under SIC 0751, Livestock Services, Except Veterinary);
311612--Exception is limited to Boxed Beef and Boxed Meat
Produced from Purchased Carcasses (previously classified under SIC
5147, Meats and Meat Products);
NAICS 312--Beverage and Tobacco Product Manufacturing
Exceptions: 312229--Exception is limited to Tobacco Sheeting
Services (previously classified under SIC 7389, Business Services,
NEC);
NAICS 313-Textile Mills
Exceptions:
313311--Exception is limited to Converters, broadwoven piece
goods and converting textiles, broadwoven (previously classified
under SIC 5131, Piece Goods and Notions, broadwoven and non-
broadwoven piece good converters), and facilities formerly
classified under SIC 7389, Business Services, NEC (Sponging fabric
for tailors and dressmakers);
313312--Exception is limited to narrow woven Converting
Textiles, and narrow woven piece goods Converters, (previously
classified under SIC 5131, Piece Goods and Notions, converters,
except broadwoven fabric);
NAICS 314--Textile Product Mills
Exceptions:
314121--Exception is limited to Custom drapery manufacturers for
retail sale (previously classified under SIC 5714, Drapery, curtain,
and Upholstery Stores)
314129--Exception is limited to Custom slipcover manufacturers
for retail sale (previously classified under SIC 5714, Drapery,
Curtain, and Upholstery Stores)
314999--Exception is limited to Binding carpets and rugs for the
trade, Carpet cutting and binding, and Embroidering on textile
products (except apparel) for the trade (previously classified under
SIC 7389, Embroidering of advertising on shirts and Rug binding for
the trade);
NAICS 315--Apparel Manufacturing
Exceptions:
315222--Exception is limited to Custom tailors, men's and boys'
suits, cut and sewn from purchased fabric (previously classified
under SIC 5699, Miscellaneous apparel and accessory stores (custom
tailors);
315223--Exception is limited to Custom tailors, men's and boys'
dress shirts, cut and sewn from purchased fabric (previously
classified under SIC 5699, Miscellaneous apparel and accessory
stores (custom tailors);
315233--Exception is limited to Bridal dresses or gowns, custom
made, Custom tailors, women's, misses' and girls' dresses cut and
sewn from purchased fabric (except apparel contractors)(previously
classified under SIC 5699, Miscellaneous apparel and accessory
stores (custom dressmakers);
NAICS 316--Leather and Allied Product Manufacturing
NAICS 321--Wood Product Manufacturing
NAICS 322--Paper Manufacturing
NAICS 323--Printing and Related Support Activities
Exceptions: 323114--Exception is limited to Instant printing
(i.e., quick printing)(previously classified under SIC 7334,
Photocopying and Duplicating Services, (instant printing));
NAICS 324--Petroleum and Coal Products Manufacturing
NAICS 325--Chemical Manufacturing
Exceptions: 325998--Exception is Limited to Aerosol can filling
on a job order or contract basis (previously classified under SIC
7389, Business Services, NEC (aerosol packaging))
NAICS 326--Plastics and Rubber Products Manufacturing
Exceptions: 326212--Exception is limited to Tire Retreading,
Recapping or Rebuilding (previously classified under SIC 7534, Tire
Retreading and Repair Shops (rebuilding))
NAICS 327--Nonmetallic Mineral Product Manufacturing
NAICS 331--Primary Metal Manufacturing
NAICS 332--Fabricated Metal Product Manufacturing
NAICS 333--Machinery Manufacturing
NAICS 334--Computer and Electronic Manufacturing
Exceptions:
334611--Exception is limited to Software Reproducing (previously
classified under SIC 7372, Prepackaged Software, (reproduction of
software))
334612--Exception is limited to mass reproducing pre-recorded
Video cassettes, and mass reproducing Video tape or disk (previously
classified under SIC 7819, Services Allied to Motion Picture
Production (reproduction of video))
NAICS 335--Electrical Equipment, Appliance, and Component
Manufacturing
Exceptions: 335312--Exception is limited to Armature rewinding
on a factory basis (previously classified under SIC 7694 (Armature
Rewinding Shops (remanufacturing))
NAICS 336--Transportation Equipment Manufacturing
NAICS 337--Furniture and Related Product Manufacturing
Exceptions: 337110--Exception is limited to Wood Kitchen Cabinet
and Counter top Manufacturing (previously classified under SIC 5712,
Furniture Stores (custom wood cabinets))
337121--Exception is limited to Upholstered furniture, household
type, custom manufacturing (previously classified under SIC 5712,
Furniture Stores (upholstered, custom made furniture)
337122--Exception is limited to Nonupholstered, household type,
custom wood furniture manufacturing (previously classified under SIC
5712, Furniture Stores (custom made wood nonupholstered household
furniture except cabinets))
NAICS 339--Miscellaneous Manufacturing
Exceptions:
339115--Exception is limited to Ophthalmic Goods Manufacturing,
lens grinding (previously classified under SIC 5995, Optical Goods
Stores (optical laboratories grinding of lenses to prescription))
[[Page 13880]]
339116--Dental laboratories (previously classified under SIC
8072, Dental Laboratories)
NAICS 111998--All Other Miscellaneous Crop Farming (limited to
facilities that reduce maple sap to maple syrup (previously
classified under SIC 2099: Food Preparations, NEC, Reducing Maple
Sap to Maple Syrup));
NAICS 511110--Newspaper Publishers;
NAICS 511120--Periodical Publishers;
NAICS 511130--Book Publishers;
NAICS 511140--Database and Directory Publishers
Exceptions: 511140--Exception is limited to Address list
compliers, Address list publishers, Address list publishers and
printing combined, Address list publishing (i.e., establishments
known as publishers), Business directory publishers, Catalog of
collections publishers, Catalog of collections publishers and
printing combined, Compiling mailing lists, Directory compilers,
Mailing list compiling services (previously classified under SIC
7331, Direct Mail Advertising Services (mailing list compliers))
NAICS 511191--Greeting Card Publishers;
NAICS 511199--All Other Publishers
NAICS 512220--Integrated Record Production/Distribution
NAICS 512230--Music Publishers
Exceptions: 512230--Exception is limited to Music copyright
authorizing use, Music copyright buying and licensing, Music
publishers (previously classified under SIC 8999, Services, NEC
(music publishing))
NAICS 211112--Natural Gas Liquid Extraction (limited to facilities
that recover sulfur from natural gas (previously classified under
SIC 2819, Industrial Inorganic Chemical, NEC (recovering sulfur from
natural gas))
NAICS 212324--Kaolin and Ball Clay Mining (limited to facilities
operating without a mine or quarry and that are primarily engaged in
beneficiating koalin and clay (previously classified under SIC 3295,
Minerals and Earths, Ground or Otherwise Treated (grinding, washing,
separating, etc. of minerals in SIC 1355))
NAICS 212325--Clay and Ceramic and Refractory Minerals Mining
(Limited to facilities operating without a mine or quarry and that
are primarily engaged in beneficiating clay and ceramic and
refractory minerals( previously classified under SIC 3295, Minerals
and Earths, Ground or Otherwise Treated (grinding, washing,
separating, etc. of minerals in SIC 1459)))
NAICS 212393--Other Chemical and Fertilizer Mineral Mining (limited
to facilities operating without a mine or quarry and that are
primarily engaged in beneficiating chemical or fertilizer mineral
raw materials (previously classified under SIC 3295, Minerals and
Earths, Ground or Otherwise Treated (grinding, washing, separating,
etc, of minerals in SIC 1479))
NAICS 212399--All Other Nonmetallic Mineral Mining (limited to
facilities operating without a mine or quarry and that are primarily
engaged in beneficiating nonmetallic minerals (previously classified
under SIC 3295, Minerals and Earths, Ground or Otherwise Treated
(grinding, washing, separating, etc, of minerals in SIC 1499))
NAICS 488390--Other Support Activities for Water Transportation
(limited to Drydocks, floating (i.e., routine repair and maintenance
of ships and boats) (previously classified under SIC 3731
Shipbuilding and Repairing (floating drydocks not associated with a
shipyard))
NAICS 811490--Other Personal and Household Goods Repair and
Maintenance (limited to Boat, pleasure, repair and maintenance
services without retailing new boats) (previously classified under
SIC 3732 Boat Building and Repairing (pleasure boat building))
NAICS 541710--Research and Development in the Physical, Engineering,
and Life Sciences (limited to Guided missile and space vehicle
engine research and development) (previously classified under SIC
3764), and Guided missile and space vehicle parts (except engines)
research and development (previously classified under SIC 3769)
2. NAICS Codes That Correspond to SIC Code 10 (Except 1011, 1084, and
1094)
NAICS 21211--Bituminous Coal and Lignite Surface Mining
NAICS 21212--Bituminous Coal Underground Mining
NAICS 21213--Anthracite Mining
3. NAICS Codes That Correspond to SIC Code 12 (Except 1241)
NAICS 212221--Gold Ore Mining
NAICS 212222--Silver Ore Mining
NAICS 212231--Lead Ore and Zinc Mining
NAICS 212234--Copper Ore and Nickel Ore Mining
NAICS 212299--All Other Ore Mining
4. NAICS Codes That Correspond to SIC Codes 4911, 4931, and 4939
(Limited to Facilities That Combust Coal and/or Oil for the Purpose of
Generating Power for Distribution in Commerce)
NAICS 221111--Hydroelectric Power Generation
NAICS 221112--Fossil Fuel Electric Power Generation
NAICS 221113--Nuclear Electric Power Generation
NAICS 221119--All Other Electric Power Generation
NAICS 221121--Electric Bulk Power Transmission and Control
NAICS 221122--Electric Power Distribution
5. NAICS Code That Correspond to SIC Code 4953 (Limited to Facilities
Regulated Under the Resource Conservation and Recovery Act, Subtitle C,
42 U.S.C. 6921 et seq.
NAICS 562920--Materials Recovery Facilities (Limited to facilities
regulated under the Resource Conservation and Recovery Act, subtitle
C, 42 U.S.C. 6921 et seq.)
NAICS 562211--Hazardous Waste Treatment and Disposal (Limited to
facilities regulated under the Resource Conservation and Recovery
Act, subtitle C, 42 U.S.C. et seq.)
NAICS 562212--Solid Waste Landfill (Limited to facilities regulated
under the Resource Conservation and Recovery Act, subtitle C, 42
U.S.C. et seq.)
NAICS 562213--Solid Waste Combustors, and Incinerators (Limited to
facilities regulated under the Resource Conservation and Recovery
Act, subtitle C, 42 U.S.C. et seq.)
NAICS 562219--Other Nonhazardous Waste Treatment and disposal.
(Limited to facilities regulated under the Resource Conservation and
Recovery Act, subtitle C, 42 U.S.C. et seq.)
6. NAICS Code That Corresponds to SIC Code 5169
NAICS 422690--Other Chemical and Allied Products Wholesalers
7. NAICS Code That Corresponds to SIC 5171
NAICS 422710--Petroleum Bulk Stations and Terminals (wholesale)
8. NAICS Code That Corresponds to SIC Code 7389 (Limited to Facilities
Primarily Engaged in Solvet Recovery Services on a Contract or fee
Basis)
NAICS 562112--Collection of Hazardous Waste Limited to facilities
primarily engaged in solvent recovery services on a contract or fees
basis
NAICS 325--Chemical Manufacturing
E. How Will Section 313 Reporting Requirements Change as a Result of
This Proposal?
TRI reporting requirements would remain substantially the same
under this proposal as they are now. The difference is that, except for
the first full reporting year after the effective date of the final
rule, covered facilities would be reporting their primary and secondary
NAICS codes on Form R and on Alternate Threshold Certification
Statements rather than their primary and secondary SIC codes. Because
the statute identifies covered facilites by SIC code, the industries
subject to TRI requirements would continue to be identified in the
regulatory text by SIC code, although the text would be amended to
include NAICS codes as
[[Page 13881]]
well. See 40 CFR 372.22(b) and 372.23 of the proposed regulatory text
below. This is primarily to help owners or operators of covered
facilities identify the appropriate NAICS code to be used on reporting
forms. By continuing to use SIC codes in the regulatory text, EPA can
ensure that currently covered facilities will continue to be covered
even if EPA made a mistake in the translation from SIC codes to NAICS
codes. Finally, the owner or operator of a covered facility might come
to a different conclusion than EPA did with respect to the NAICS code
that corresponds to the facility's SIC code. If the regulatory text
only included NAICS codes, the owner or operator of such a facility
might assume that she is no longer subject to TRI requirements. The
proposed regulatory text would ensure that the owner or operator would
understand that she must continue to report regardless of whether or
not she agrees with EPA's determination on the NAICS code that most
appropriately corresponds to her facility's SIC code. In sum,
facilities that are currently reporting to TRI because they are
classified in SIC codes that are currently subject to TRI reporting
requirements would continue to report under this proposed rule if they
satisfy the applicable reporting criteria.
EPA is proposing that owners or operators of covered facilities
report bot SIC codes and NAICS codes during the first full reporting
period after the effective date of the final rule. Reporting both SIC
and NAICS codes for the first full reporting period is necessary to
facilitate continued time-series analysis of the TRI data. Each year,
TRI data are compiled, analyzed and presented to the public in a report
called the Toxics Release Inventory Public Data Release. A substantial
part of the report is devoted to an analysis of the data by industry
group for the current year and over time. Industry-specific and
chemical-specific on- and off-site releases and other waste management
data are analyzed for the most recent reporting year, from 1988 to the
present for TRI's original release and transfer categories (since 1991
for the other waste management data), and from 1998 to the present for
new industries reporting to TRI since 1998. Time-series analyses of TRI
data are critical for reviewing trends in overall releases and
management of waste and for measuring industry progress in these areas.
For example, the 2000 TRI Public Data Release (presenting 1998 data)
includes a table that presents percent change in total TRI on-site and
off-site releases for each of the 19 manufacturing industries,
designated by their 2-digit SIC major group code. In all but one of the
manufacturing categories, total on- and off-site releases decreased
from 1988 to 1998, in several industries by well over 50%. In order to
continue to present these types of important analyses to the public,
careful tracking of code changes during the SIC to NAICS transition is
critical.
Moreover, a dual reporting requirement for the transition reporting
period will be useful in fine tuning the list of NAICS industries that
corresponds to the list of SIC industries that are currently subject to
TRI requirements. The dual reporting for the transition reporting
period will serve as an extra quality assurance measure to ensure that
with the transition to reporting by NAICS code, no additional industry
groups are inadvertently added, and that all currently reporting
industries are included. EPA has concluded that the additional burden
associated with requiring covered facilities to report both SIC and
NAICS codes for one year is negligible. See the discussion below in
Unit VI.
F. Why Is EPA Proposing To Extend the Exemption in 40 CFR 372.38(e)?
The TRI regulations 40 CFR 372.38(e) exempt from TRI reporting
requirements, ``owners of facilities such as industrial parks, all or
part of which are leased to persons who operate establishments within
SIC code 20 through 39 where the owner has no other business interest
in the operation of the covered facility.'' The exemption acknowledges
the difficulties in requiring such an owner to report when he is not in
a position which would allow him to determine compliance or report the
required information. 53 FR 4499, 4502. EPA believes it is appropriate
to extend this exemption to owners of facilities that lease such
facilities to operators of establishments within the SIC codes added to
TRI in the Industry Expansion Rule, when such owners have no other
business interest in the operation of such establishments. The
rationale for the exemption applies equally to those owners as it does
to owners of facilities who lease them to operators of establishments
in SIC codes 20 through 39. Because the proposed amendment to 40 CFR
372.38(e) extends the exemption to other industries, there is no cost
to industry associated with it.
G. What Are the Issues on Which EPA Is Interested in Receiving
Comments?
EPA is particularly interested in receiving comments on the
following issues:
(i) The proposed list of NAICS industries that correspond to the
SIC industries that are subject to TRI requirements.
(ii) Whether the dual reporting requirement (reporting of both SIC
and NAICS codes) should be included for the first reporting period
after the effective date of the final rule, and whether the requirement
should be extended into subsequent reporting years.
(iii) The estimated burden of the new reporting requirements.
(iv) Alternatives for the regulatory text that would accomplish the
objectives specified in this proposal.
VI. What Additional Reporting Burden Is Associated With This Action?
EPA has evaluated the potential burden and cost of using NAICS for
TRI reporting as described in this proposal. EPA expects that the
burden associated with this change for affected facilities would be
negligible. OMB adopted NAICS as the United States' industry
classification system in 1997, and facilities are or should be already
familiar with their NAICS codes from other administrative and
regulatory reporting requirements of EPA and other governmental
entities. EPA does not expect or intend that this proposed rule would
affect the universe of facilities that are currently required to report
to TRI. EPA would simply be assigning NAICS industry codes to those SIC
industries which are already subject to section 313 reporting
requirements, and requiring covered facilities in those industries to
report under the NAICS code tha corresponds to the covered SIC code.
Only those facilities that meet the SIC code requirements in 40 CFR
372.22(b) would continue to report releases and other waste management
quantities of toxic chemicals to the TRI.
VII. What Are the References Cited in This Proposed Rule?
1. Executive Office of the President, Office of Management and
Budget, North American Industry Classification System, United States,
1997 (NTIS PB98-127293).
2. Executive Office of the President, Office of Management and
Budget, Standard Industrial Classification Manual, 1987 (NTIS PB87-
100012).
1. 1997 NAICS United States Structure, Including Relationship to
1987 U.S. SIC, Table 1--1997 NAICS United States Matched to 1987 U.S.
SIC, Table 2--1987 U.S. SIC Matched to 1997 NAICS United States.
(http://www.census.gov/epcd/www/naicstab.htm).
(http://www.census.gov/epcd/www/naicstab.htm).
[[Page 13882]]
2. U.S. Census Bureau letter from Mark E. Wallace to Maria J. Doa,
U.S. EPA.
VIII. Regulatory Assessment Requirements
A. Executive Order 12866, Regulatory Planning and Review
Under Executive Order 12866, (58 FR 51,735 (October 4, 1993)) the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may: (1) Have an annual
effect on the economy of $100 million or more or adversely affect in a
material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or tribal governments or communities; (2) create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency; (3) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or the rights and
obligations of recipients thereof; or (4) raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in the Executive Order. EPA has determined
that this proposed rule is not a ``significant regulatory action''
under the terms of Executive Order 12866 and is therefore not subject
to OMB review.
B. Paperwork Reduction Act
According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., an agency may not conduct or sponsor, and a person is not
required to respond to a collection of information that requires OMB
approval under the PRA, unless it has been approved by OMB and displays
a currently valid OMB control number. The OMB control numbers for EPA's
collections of information, after initial display in the Federal
Register and in addition to its display on any related collection
instrument, are listed in 40 CFR part 9 and 48 CFR Chapter 15.
The Office of Management and Budget (OMB) has previously approved
the information collection requirements contained in the existing
regulations at 40 CFR part 372 under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned the Information
Collection Requests (ICRs) OMB control numbers 2070-0093 (EPA ICR No.
1363.11) for Form R and 2070-0143 (EPA ICR No. 1704.05) for Form A.
Copies of the ICR documents may be obtained from Susan Auby, by
mail at the Office of Environmental Information, Collection Strategies
Division; U.S. Environmental Protection Agency (2822T); 1200
Pennsylvania Ave., NW., Washington, DC 20460, by email at
auby.susan@epa.gov, or by calling (202) 566-1672. A copy may also be
downloaded from the Internet at http://www.epa.gov/icr. Include the EPA
downloaded from the Internet at http://www.epa.gov/icr. Include the EPA
ICR and OMB numbers in any correspondence.
This proposed rule would not impose any new information collection
burden on affected facilities. Burden means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information. Facilities that would be affected by the proposed rule
already report their industrial classification codes on the approved
reporting forms using SIC codes. Moreover, as noted above, OMB adopted
NAICS over five years ago, so affected facilities are or should already
be familiar with their NAICS codes from administrative and regulatory
reporting requirements of EPA and other governmental entities that have
already converted to NAICS reporting.
Although EPA does not believe that the reporting requirements
associated with this proposed rule would impose any new information
collection burden, Form R and Form A will have to be amended to account
for the reporting of both SIC and NAICS codes for the first full
reporting year after the effective date of the final rule. They will
also have to be amended to account for the reporting of NAICS codes
after that first full reporting year. EPA will work with OMB to make
the necessary changes to the TRI reporting forms.
C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A business that is classified
as a ``small business'' by the Small Business Administration at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After consideration of the potential economic impacts of this
proposed rule on small entities, it has been determined that this
action will not have a significant economic impact on an substantial
number of small entities.
The change proposed by this rulemaking is to require affected
facilities to report their NAICS rather than their SIC code, except for
the first year of implementation when both the SIC and the NAICS codes
will be reported. In the first year, the additional burden of reporting
both SIC and NAICS codes is negligible considering that the SIC code is
readily available from previous reporting forms submitted by the
facility and that facilities are already using the NAICS code in other
government data collection exercises. In subsequent years, the net
burden on small entities should be zero as the NAICS code replaces the
SIC code on the reporting forms. We welcome comments on issues related
to potential impacts of the proposed rule on small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205
[[Page 13883]]
of the UMRA generally requires EPA to identify and consider a
reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that this proposed rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and tribal governments, in the aggregate, or the
private sector in any one year. As discussed in Section VI above, EPA
believes that affected facilities already are or should be familiar
with their NAICS codes from other activities, including reporting to
other governmental authorities. Provision of the NAICS code in addition
to, or in lieu of, the SIC code is expected to impose negligible
incremental burden on affected facilities. Thus, today's rule is not
subject to the requirements of sections 202 and 205 of the UMRA.
E. Executive Order 13132, Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This action merely adopts, for
TRI reporting purposes, the NAICS industry classification system that
has replaced the SIC system previously used for collecting statistical
data and for other administrative and regulatory purposes. Thus,
Executive Order 13132 does not apply to this rule.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed rule
from State and local officials.
F. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
With Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This proposed rule does not
have tribal implications, as specified in Executive Order 13175. This
action merely adopts, for TRI reporting purposes, the NAICS industry
classification system that has replaced the SIC system previously used
for collecting statistical data and for other administrative and
regulatory purposes. Thus, Executive Order 13175 does not apply to this
rule. In the spirit of Executive Order 13175, and consistent with EPA
policy to promote communications between EPA and Indian Tribal
Governments, EPA specifically solicits additional comment on this
proposed rule from tribal officials.
G. Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.
H. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This proposed rule is not subject to the Executive Order because it
is not economically significant as defined in Executive Order 12866,
and because the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) (15 U.S.C. 272 note), directs EPA to used voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, etc.) that are
developed or adopted by voluntary consensus standards bodies. The NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable voluntary consensus
standards.
EPA recognizes that NAICS, like SIC, is a standard that was
developed by OMB primarily as a means to collect and organize
industrial statistics for the federal government. However, EPA has not
identified an alternative voluntary consensus standard for defining
industry classifications. Even if one exists, EPA believes it would be
impractical to use such a standard for reporting purposes under section
313 of EPCRA and section 6607 of the PPA. One of the reasons for
switching from SIC to NAICS is to maintain consistency within EPA and
among other government agencies in the way that industry-specific data
is collected, organized and made available to the
[[Page 13884]]
public in various databases and publications. Moreover, although NAICS
is based on a different organizing principle than SIC, the two
classification systems share many similarities. Industry has had
several decades to become familiar with SIC so the transition to NAICS
as opposed to an alternative industry classification system should be
more efficient and less burdensome. Therefore, EPA believes it is
appropriate to use NAICS codes for purposes of section 313 reporting.
List of Subjects in 40 CFR Part 372
Environmental protection, Community right-to-know, Reporting and
recordkeeping requirements, Toxic chemicals.
Dated: March 6, 2003.
Christine Todd Whitman,
Administrator.
Therefore, it is proposed that 40 CFR part 372 be amended as
follows:
PART 372--[AMENDED]
1. The authority citation for part 372 continues to read as
follows:
Authority: 42 U.S.C. 11023 and 11048.
2. Amend Sec. 372.3 by adding the definition for previously
classified in alphabetical order to read as follows:
Sec. 372.3 Definitions.
* * * * *
Previously classified means to have been properly classified,
according to Sec. 372.22(b) under a given Standard Industrial
Classification (SIC) code, as identified in the Standard Industrial
Classification Manual, 1987, Executive Office of the President, Office
of Management and Budget.
* * * * *
3. Amend Sec. 372.22, by revising paragraph (b) introductory text
and paragraphs (b)(1), (b)(2), (b)(3)(i) and (b)(3)(ii) to read as
follows:
Sec. 372.22 Covered facilities for toxic chemical release reporting.
* * * * *
(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. 372.239a), (for which the corresponding North American
Industry Classification System (NAICS) (as in effect on January 1,
1997) subsector and industry codes are listed in Sec. 372.23(b) and
372.23(c)) by virtue of the fact that it meets one of the following
criteria:
(1) The facility is an establishment with a primary SIC major group
or industry code listed in Sec. 372.23(a), or a primary NAICS
subsector or industry code listed in Sec. 372.23(b) or 372.23(c).
(2) The facility is a multi-establishment complex where all
establishments have primary SIC major group or industry codes listed in
Sec. 372.23(a), or primary NAICS subjector or industry codes listed in
Sec. 372.23(b) or 372.23(c).
(3) * * *
(i) The sum of the value of services provided and/or products
shipped and/or produced from those establishments that have primary SIC
major group or industry codes listed in Sec. 372.23(a), or primary
NAICS subjector or industry codes listed in Sec. 372.23(b) or
372.23(c) is greater than 50 percent of the total value of all services
provided and/or products shipped from and/or produced by all
establishments at the facility.
(ii) One establishment having a primary SIC major group or industry
code listed in Sec. 372.23(a), or a primary NAICS subsector or
industry codes listed in Sec. 372.23(b) or 372.23(b) contributes more
in terms of value of services provided and/or products shipped from
and/or produced at the facility than any other establishment within
that facilities.
* * * * *
3. Add a new Sec. 372.23 to Subpart B to read as follows:
Sec. 372.23 SIC and NAICS codes to which this Part applies.
The requirements of this part supply to facilities in the following
SIC and NAICS codes. This section contains three listings. Paragraph
(a) of this section lists the SIC code to which this part applies.
Paragraph (b) of this section list the NAICS codes that correspond to
SIC codes 20 through 39 to which this part applies. Paragraph (c) of
this section lists the NAICS codes that correspond to SIC codes other
than SIC codes 20 through 39 to which this part applies.
(a) SIC codes.
------------------------------------------------------------------------
Major group or industry code Exceptions and/or limitations
------------------------------------------------------------------------
10........................... Except 1011, 1081, and 1094.
12........................... Except 1241.
20 through 39
4911, 4931, 4939............. Limited to facilities that combust coal
and/or oil for the purpose of generating
power for distribution.
4953......................... Limited to facilities regulated under the
Resources Conservation and Recovery Act,
42 U.S.C. 6921, et seq.
5169
5171
7389......................... Limited to facilities primarily engaged
in solvent recovery services on a
contract or fee basis.
------------------------------------------------------------------------
(b) NAICS codes that correspond to SIC codes 20 through 39
------------------------------------------------------------------------
Subsector code or industry
code Exceptions and/or limitations
------------------------------------------------------------------------
311.......................... Except 311119--Exception is limited to
facilities primarily engaged in Custom
Grain Grinding for Animal Feed
(previously classified under SIC 0723,
Crop Preparation Services for Market,
Except Cotton Ginning);
Except 311330--Exeception is limited to
facilities primarily engaged in the
retail sale of candy, nuts, popcorn and
other confections not for immediate
consumption made on the premises
(previously classified under SIC 5441,
Candy, Nut, and Confectionery Stores):
Except 311340--Exception is limited to
facilities primarily engaged in the
retail sale of candy, nuts, popcorn and
other confections not for immediate
consumption made on the premises
(previously classified under SIC 5441,
Candy, Nut, and Confectionery Stores);
Except 311811--Retail Bakeries
(previously classified under SIC 5461,
Retail Bakeries);
[[Page 13885]]
Except 311611--Exception is limited to
facilities primarily engaged in Custom
Slaughtering for individuals (previously
classified under SIC 0751, Livestock
Services, Except Veterinary,
Slaughtering, custom: for individuals);
Except 311612--Exception is limited to
facilities primarily engaged in the
cutting up and resale of purchased fresh
carcasses for the trade (including boxed
beef), and in the wholesale distribution
of fresh, cured, and processed (but not
canned) meats and lard (previously
classified under SIC 5147, Meats and
Meat Products);
312.......................... Except 312229--Exception is limited to
facilities primarily engaged in
providing Tobacco Sheeting Services
(previously classified under SIC 7389,
Business Services, NEC);
313.......................... Except 313311--Exception is limited to
facilities primarily engaged in
converting broadwoven piece goods and
broadwoven textiles, (previously
classified under SIC 5131, Piece Goods
Notions, and Other Dry Goods, broadwoven
and non-broadwoven piece good
converters), and facilities primarily
engaged in sponging fabric for tailors
and dressmakers (previously classified
under SIC 7389, Business Services, NEC
(Sponging fabric for tailors and
dressmakers));
Except 313312--Exception is limited to
facilities primarily engaged in
converting narrow woven Textiles, and
narrow woven piece goods, (previously
classified under SIC 5131, Piece Goods
Notions, and Other Dry Goods,
converters, except broadwoven fabric);
314.......................... Except 314121--Exception is limited to
facilities primarily engaged in making
Custom drapery for retail sale
(previously classified under SIC 5714,
Drapery, Curtain, and Upholstery
Stores);
Except 314129--Exception is limited to
facilities primarily engaged in making
Custom slipcovers for retail sale
(previously classified under SIC 5714,
Drapery, Curtain, and Upholstery
Stores);
Except 314999--Exception is limited to
facilities primarily engaged in Binding
carpets and rugs for the trade, Carpet
cutting and binding, and Embroidering on
textile products (except apparel) for
the trade (previously classified under
SIC 7389, Business Services Not
Elsewhere Classified, Embroidering of
advertising on shirts and Rug binding
for the trade);
315.......................... Except 315222--Exception is limited to
custom tailors primarily engaged in
making and selling men's and boys'
suits, cut and sewn from purchased
fabric (previously classified under SIC
5699, Miscellaneous Apparel and
Accessory Stores (custom tailors));
Except 315223--Exception is limited to
custom tailors primarily engaged in
making and selling men's and boys' dress
shirts, cut and sewn from purchased
fabric (previously classified under SIC
5699, Miscellaneous Apparel and
Accessory Stores (custom tailors));
Except 315233--Exception is limited to
custom tailors primarily engaged in
making and selling bridal dresses or
gowns, or women's, misses' and girls'
dresses cut and sewn from purchased
fabric (except apparel
contractors)(dressmakers) (previously
classified under SIC Code 5699,
Miscellaneous Apparel and Accessory
Stores);
316
321
322
323.......................... Except 323114--Exception is limited to
facilities primarily engaged in
reproducing text, drawings, plans, maps,
or other copy, by blueprinting,
photocopying, mimeographing, or other
methods of duplication other than
printing or microfilming (i.e., instant
printing) (previously classified under
SIC 7334, Photocopying and Duplicating
Services, (instant printing));
324
325.......................... Except 325998--Exception is limited to
facilities primarily engaged in Aerosol
can filling on a job order or contract
basis (previously classified under SIC
7389, Business Services, NEC (aerosol
packaging));
326.......................... Except 326212--Tire Retreading,
(previously classified under SIC 7534,
Tire Retreading and Repair Shops
(rebuilding));
331
332
333
334.......................... Except 334611--Software Reproducing
(previously classified under SIC 7372,
Prepackaged Software, (reproduction of
software));
Except 334612--Exception is limited to
facilities primarily engaged in mass
reproducing prerecorded Video cassettes,
and mass reproducing Video tape or disk
(previously classified under SIC 7819,
Services Allied to Motion Picture
Production (reproduction of Video));
335.......................... Except 335312--Exception is limited to
facilities primarily engaged in armature
rewinding on a factory basis (previously
classified under SIC 7694 (Armature
Rewinding Shops (remanufacturing));
336
337.......................... Except 337110--Exception is limited to
facilities primarily engaged in the
retail sale of household furniture and
that manufacture custom wood kitchen
cabinets and counter tops (previously
classified under SIC 5712, Furniture
Stores (custom wood cabinets));
Except 337121--Exception is limited to
facilities primarily engaged in the
retail sale of household furniture and
that manufacture custom made upholstered
household furniture (previously
classified under SIC 5712, Furniture
Stores (upholstered, custom made
furniture));
Except 337122--Exception is limited to
facilities primarily engaged in the
retail sale of household furniture and
that manufacture nonupholstered,
household type, custom wood furniture
(previously classified under SIC 5712,
Furniture Stores (custom made wood
nonupholstered household furniture
except cabinets));
339.......................... Except 339115--Exception is limited to
lens grinding facilities that are
primarily engaged in the retail sale of
eyeglasses and contact lenses to
prescription for individuals (previously
classified under SIC 5995, Optical Goods
Stores (optical laboratories grinding of
lenses to prescription));
Except 339116--Dental Laboratories
(previously classified under SIC 8072,
Dental Laboratories);
[[Page 13886]]
111998....................... Limited to facilities primarily engaged
in reducing maple sap to maple syrup
(previously classified under SIC 2099,
Food Preparations, NEC, Reducing Maple
Sap to Maple Syrup);
211112....................... Limited to facilities that recover sulfur
from natural gas (previously classified
under SIC 2819, Industrial Inorganic
Chemicals, NEC (recovering sulfur from
natural gas));
212111
212112
212113
212324....................... Limited to facilities operating without a
mine or quarry and that are primarily
engaged in beneficiating kaolin and clay
(previously classified under SIC 3295,
Minerals and Earths, Ground or Otherwise
Treated (grinding, washing, separating,
etc. of minerals in SIC 1455));
212325....................... Limited to facilities operating without a
mine or quarry and that are primarily
engaged in beneficiating clay and
ceramic and refractory minerals
(previously classified under SIC 3295,
Minerals and Earths, Ground or Otherwise
Treated (grinding, washing, separating,
etc. of minerals in SIC 1459));
212393....................... Limited to facilities operating without a
mine or quarry and that are primarily
engaged in beneficiating chemical or
fertilizer mineral raw materials
(previously classified under SIC 3295,
Minerals and Earths, Ground or Otherwise
Treated (grinding, washing, separating,
etc. of minerals in SIC 1479));
212399....................... Limited to facilities operating without a
mine or quarry and that are primarily
engaged in beneficiating nonmetallic
minerals (previously classified under
SIC 3295, Minerals and Earths, Ground or
Otherwise Treated (grinding, washing,
separating, etc. of minerals in SIC
1499));
488390....................... Limited to facilities that are primarily
engaged in providing routine repair and
maintenance of ships and boats from
floating drydocks (previously classified
under SIC 3731, Shipbuilding and
Repairing (floating drydocks not
associated with a shipyard));
511110
511120
511130
511140....................... Except facilities that are primarily
engaged in furnishing services for
direct mail advertising including
Address list compilers, Address list
publishers, Address list publishers and
printing combined, Address list
publishing, Business directory
publishers, Catalog of collections
publishers, Catalog of collections
publishers and printing combined,
Mailing list compilers, Directory
compilers, and Mailing list compiling
services (previously classified under
SIC 7331, Direct Mail Advertising
Services (mailing list compilers));
511191
511199
512220
512230....................... Except facilities primarily engaged in
Music copyright authorizing use, Music
copyright buying and licensing, and
Music publishers working on their own
account (previously classified under SIC
8999, Services, NEC (music publishing));
541710....................... Limited to facilities that are primarily
engaged in Guided missile and space
vehicle engine research and development
(previously classified under SIC 3764,
Guided Missile and Space Vehicle
Propulsion Units and Propulsion Unit
Parts), and in Guided missile and space
vehicle parts (except engines) research
and development (previously classified
under SIC 3769, Guided Missile and Space
Vehicle Parts and Auxiliary Equipment,
Not Elsewhere Classified);
811490....................... Limied to facilities that are primarily
engaged in repairing and servicing
pleasure and sail boats without
retailing new boats (previously
classified under SIC 3732, Boat Building
and Repairing (pleasure boat building);
------------------------------------------------------------------------
(c) NAICS codes that correspond to SIC codes other than SIC codes
20 through 39.
------------------------------------------------------------------------
Subsector or industry code Exceptions and/or limitations
------------------------------------------------------------------------
212111
212112.......................
212113.......................
212221.......................
212222.......................
212231.......................
212234.......................
212299.......................
221111....................... Limited to facilities that combust coal
and/or oil for the purpose of generating
power for distribution in commerce.
221112....................... Limited to facilities that combust coal
and/or oil for the purpose of generating
power for distribution in commerce.
221113....................... Limited to facilities that combust coal
and/or oil for the purpose of generating
power for distribution in commerce.
221119....................... Limited to facilities that combust coal
and/or oil for the purpose of generating
power for distribution in commerce.
221121....................... Limited to facilities that combust coal
and/or oil for the purpose of generating
power for distribution in commerce.
[[Page 13887]]
221122....................... Limited to facilities that combust coal
and/or oil for the purpose of generating
power for distribution in commerce.
422690
422710
562112....................... Limited to facilities primarily engaged
in solvent recovery services on a
contract or fee basis (previously
classified under SIC 7389, Business
Services, NEC);
562211....................... Limited to facilities regulated under the
Resource Conservation and Recovery Act,
subtitle C, 42 U.S.C. 6921 et seq.
562212....................... Limited to facilities regulated under the
Resource Conservation and Recovery Act,
subtitle C, 42 U.S.C. 6921 et seq.
562213....................... Limited to facilities regulated under the
Resource Conservation and Recovery Act,
subtitle C, 42 U.S.C. 6921 et seq.
562219....................... Limited to facilities regulated under the
Resource Conservation and Recovery Act,
subtitle C, 42 U.S.C. 6921 et seq.
562920....................... Limited to facilities regulated under the
Resource Conservation and Recovery Act,
subtitle C, 42 U.S.C. 6921 et seq.
------------------------------------------------------------------------
4. Amend Sec. 372.38 by revising paragraphs (e), (g), and (h) to
read as follows:
Sec. 372.38 Exemptions.
* * * * *
(e) Certain owners of leased property. The owner of a covered
facility is not subject to reporting under Sec. 372.30 if such owner's
only interest in the facility is ownership of the real estate upon
which the facility is operated. This exemption applies to owners of
facilities such as industrial parks, all or part of which are leased to
persons who operate establishments in any SIC code or NAICS code in
Sec. 372.23 that is subject to the requirement of this part, where the
owner has no other business interest in the operation of the covered
facility.
* * * * *
(g) Coal extraction activities. If a toxic chemical is
manufactured, processed, or otherwise used in extraction by facilities
in SIC code 12, or in NAICS codes 212111, 212112 or 212113, a person is
not required to consider the quantity of the toxic chemical so
manufactured, processed, or otherwise used when determining whether an
applicable threshold has been met under Sec. 372.25, Sec. 372.27, or
Sec. 372.28, or determining the amounts to be reported under Sec.
372.30.
(h) Metal mining overburden. If a toxic chemical that is a
constituent of overburden is processed or otherwise used by facilities
in SIC code 10, or in NAICS codes 212221, 212222, 212231, 212234 or
212299, a person is not required to consider the quantity of the toxic
chemical so processed; or otherwise used when determining whether an
applicable threshold has been met under Sec. 372.25, Sec. 372.27, or
Sec. 372.28, or determining the amounts to be reported under Sec.
372.30.
5. Amend Sec. 372.45 by revising paragraph (a)(1) to read as
follows:
Sec. 372.45 Notification about toxic chemicals.
(a) * * *
(1) Is in SIC codes 20 through 39 or a NAICS code that corresponds
to SIC codes 20 through 39 as set forth in Sec. 372.22(b).
* * * * *
6. Amend Sec. 372.85 by revising paragraph (b)(5) to read as
follows:
Sec. 372.85 Toxic chemical release reporting form and instructions.
* * * * *
(b) * * *
(5) The four-digit SIC code(s) and the six-digit NAICS code(s) for
the facility or establishments in the facility through the reporting
period ending July 1, 2004. After the reporting period ending July 1,
2004, the six-digit NAICS code(s) for the facility or establishments in
the facility.
* * * * *
7. Amend Sec. 372.95 by revising paragraph (b)(10) to read as
follows:
Sec. 372.95 Alternate threshold certification and instructions.
* * * * *
(b) * * *
(10) The four digit-SIC code(s) and the six-digit NAICS code(s) for
the facility or establishments in the facility through the reporting
period ending July 1, 2004. After the reporting period ending July 1,
2004, the six-digit NAICS code(s) for the facility or establishments in
the facility.
* * * * *
[FR Doc. 03-6582 Filed 3-20-03; 8:45 am]
BILLING CODE 6560-50-M