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Using North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting
The North American Industry Classification System (NAICS) is a system used by the Federal Government for collecting and organizing industry-related statistics. The NAICS codes are updated every five years to stay current with industry developments.2007 NAICS Revision - Final Rule
- Which TRI NAICS codes have changed as a result of the 2007 NAICS revision?
- What corrections are being made to the NAICS codes from the June, 2006 TRI NAICS rule?
- How can I get more background on EPA's TRI Program and this rule?
2006 NAICS - Final Rule
- What, specifically, does the rule do?
- Who does this rule affect?
- Why did EPA develop the proposed rule and how was it developed?
- Will there be any changes to NAICS codes in the future?
- How can I get more background on EPA's TRI Program and this rule
2007 NAICS Revision - Final Rule
EPA has published a final rule to incorporate 2007 Office of Management and Budget (OMB) revisions and other corrections to the NAICS codes used for TRI Reporting. [Federal Register (FR) notice 73 Federal Register 32466 (June 9, 2008)] With this rule, facilities are required to use 2007 NAICS codes on TRI reporting forms that are due on July 1, 2009, covering releases and other waste management quantities at the facility for 2008. TRI facilities should continue to use TRI NAICS codes identified in EPA's 2006 rule on their TRI reporting forms due July 1, 2008.
Q: Which TRI NAICS codes have changed as a result of the 2007 NAICS revision?
The 2007 NAICS revision adds Web search portals to NAICS 516110, Internet Publishing and Broadcasting. EPA has excluded Web search portals from coverage under TRI. NAICS 541710 is divided into two new codes, NAICS 541711, Research and Development in Biotechnology and 541712, Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology). EPA will include NAICS 541712 (with limitations) in place of NAICS 541710.
Q: What corrections are being made to the NAICS codes from the June, 2006 TRI NAICS rule?
NAICS 113310, Logging, and NAICS 221330, Steam and Air Conditioning Supply (with limitations) were inadvertently omitted from the June 2006 NAICS Final Rule and are being added to the list of TRI-covered NAICS codes. Three exceptions from TRI-covered NAICS manufacturing codes 312112, 327112 and 339113, were also omitted from the June 2006 rule and are being added as technical corrections to the 2006 NAICS - Final Rule.
Q: How can I get more background on EPA's TRI Program and this rule?
A docket has been established for this action in the Federal Docket Management System (FDMS). You can access the proposed and final rules, public comments, and other supporting documents at http://www.regulations.gov under Docket ID No. EPA-HQ-TRI-2007-0318. You can get general information about TRI on our Web site.
2006 NAICS Final Rule
Federal Register (FR) notice, 71 Federal Register 32464 - June 6, 2006 (PDF), (15 pp, 111KB, About PDF), requires facilities reporting to TRI to use North American Industry Classification System (NAICS) codes in place of the Standard Industrial Classification (SIC) codes previously used on TRI reporting forms. Facilities that report to TRI are required to use 2002 NAICS codes on reporting Form R and the Form A Certification Statement.
Q: What does this rule do?
A: This rulemaking requires TRI facilities to use NAICS codes instead of SIC codes when reporting toxic chemical releases to the Agency. The rule is effective for RY 2006 (for reporting forms due to the Agency by July 1, 2007).
Q: Who does this rule affect?
A: With the exception of facilities defined as “auxiliary facilities” under the SIC system, this action will not affect the universe of facilities required to report under Section 313 of EPCRA and section 6607 of the Pollution Prevention Act (PPA) because EPA is neither adding nor deleting industry groups from the list currently subject to reporting requirements. EPA is simply providing a crosswalk to NAICS codes from those SIC codes already subject to reporting requirements, and requiring covered facilities in those industries to report the NAICS code corresponding to the covered SIC code. A list of the TRI-covered NAICS codes is available on the TRI Web site.
NAICS did not adopt the SIC system concept of auxiliary establishments. Under the SIC system, auxiliary establishments report to TRI using the SIC code of the establishment that they support. NAICS was developed around the single organizing principle that establishments should be grouped into industries according to similarities in the processes used to produce goods or services. Thus, under NAICS, former SIC auxiliary establishments are assigned NAICS codes according to their own activities. For the purpose of establishing consistency with the NAICS classification methodology, and to avoid confusion in the future with respect to reporting obligations by establishments that are considered auxiliary establishments under the SIC system, EPA is adopting the NAICS method of classification of facilities (including former SIC auxiliary facilities) according to their own activities. EPA believes this change is warranted in light of the significant differences in treatment of auxiliary establishments between the SIC and NAICS systems.
In this rulemaking, EPA is also amending 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.
Q: Why did EPA develop the proposed rule and how was it developed?
A: On April 9, 1997, the Office of Management and Budget (OMB) published a Federal Register notice of final decision (62 Federal Register 17288) to adopt NAICS for use in the United States. NAICS is a new economic classification system that replaces the SIC system traditionally used by the Federal Government for collecting and organizing industry-related statistics. In the Federal Register notice, OMB instructed the heads of government agencies to make a determination that NAICS industry definitions are appropriate for the implementation of their programs before adopting use of NAICS codes. EPA’s Administrator determined that NAICS industry definitions are appropriate for implementing the TRI program. 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 efficient database integration and will promote public access to commonly defined data from disparate sources.
Using OMB’s SIC to NAICS and NAICS to SIC conversion tables
, EPA developed its own crosswalk by carefully mapping each SIC code to its corresponding NAICS code or codes, and then mapping each of the resulting NAICS codes back to SIC. The Agency has identified the TRI-covered NAICS codes and no longer expects facilities to identify their SIC codes to determine TRI Program compliance. Facilities may now rely on the list of covered NAICS codes in the final rule to determine whether they are required to report to the TRI Program.
Q: Will there be any changes to NAICS codes in the future?
A: Yes. OMB plans to update NAICS every five years. The next update is scheduled for 2007. In accordance with OMB’s established NAICS revision practice, a final decision Federal Register notice for the 2007 NAICS revision will be published early in 2006 and the 2007 NAICS Manual will be published early in 2007. The TRI Program will issue Federal Register notices to update the NAICS codes that correspond to covered SIC codes every five years, if necessary, after OMB completes its five-year updates.
Q: How can I get more background on EPA's TRI Program and this rule?
A: A docket has been established for this action in the Federal Docket Management System (FDMS). You can access the proposed and final rules, public comments, and other supporting documents at http://www.regulations.gov under Docket ID No. EPA-HQ-TRI-2002-0003. Hard copies of all documents are available at the HQ EPA Docket Center, EPA West Building, Room B102, 1301 Constitution Ave., NW, Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OEI Docket is (202) 566-1752. You can get general information about TRI on our Web site, http://www.epa.gov/tri, or by calling an EPA representative.