Community Right-to-Know; Corrections and 2007 Updates to the Toxics Release Inventory (TRI) North American Industry Classification System (NAICS) Reporting Codes; Proposed Rule; Request for Public Comments
PDF Version (9 pp, 90K, About PDF)
[Federal Register: March 6, 2008 (Volume 73, Number 45)]
[Proposed Rules]
[Page 12045-12053]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06mr08-17]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372
[EPA-HQ-TRI-2007-0318; FRL-8539-5]
RIN 2025-AA22
Community Right-to-Know; Corrections and 2007 Updates to the Toxics
Release Inventory (TRI) North American Industry Classification System
(NAICS) Reporting Codes; Proposed Rule; Request for Public Comments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to amend the regulations to make certain
updates and corrections. EPA is proposing to update the list of North
American Industry Classification System (NAICS) codes subject to
reporting under the Toxics Release Inventory (TRI) to reflect the
Office of Management and Budget (OMB) 2007 NAICS revision. Facilities
would be required to report to TRI using 2007 NAICS codes beginning
with TRI reporting forms that are due on July 1, 2009, covering
releases and other waste management quantities for the 2008 calendar
year. EPA is also proposing to make corrections to the list of NAICS
codes subject to reporting under TRI that was published on June 6,
2006, in the final rule adopting NAICS for TRI reporting and to correct
a longstanding typographical error in the regulatory text.
DATES: Written comments must be received by April 7, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
TRI-2007-0318, by one of the following methods:
• http://www.regulations.gov: Follow the on-line instructions
for submitting comments.
• E-mail: oei.docket@epa.gov.
• Fax: (202) 566-9744
• Mail: OEI Docket, Environmental Protection Agency,
Mailcode 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
• Hand Delivery: EPA/DC, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC 20460. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-TRI-
2007-0318. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information for which
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. 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. Electronic files should avoid
the use of special characters or any form of encryption and must be
free of any defects or viruses. For additional information about EPA's
public docket, visit the EPA Docket Center homepage at
http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
for which disclosure is restricted by statute. Certain other materials,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the
OEI Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The Public
Reading Room is open 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.
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
rulemaking contact: Judith Kendall, Toxics Release Inventory Program
Division, Mailcode 2844T, OEI, Environmental Protection Agency, Ariel
Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
Telephone: (202) 566-0750; Fax: (202) 566-0741; e-mail:
kendall.judith@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why is EPA Issuing this Proposed Rule?
EPA is proposing to update the list of North American Industry
Classification System (NAICS) codes subject to reporting under the
Toxics Release Inventory (TRI) to reflect the Office of Management and
Budget (OMB) 2007 NAICS revision. OMB's Notice of March 16, 2006,
states that ``data published for reference years beginning on or after
January 1, 2007, should be published using the 2007 NAICS United States
Codes.'' 71 FR 28532.
EPA is also proposing to make corrections to the list of TRI-
covered NAICS codes from the 2006 TRI NAICS rule. Certain items that
should have been included in the final list of NAICS codes subject to
TRI reporting were inadvertently omitted from the final list. Unrelated
to the NAICS rule, EPA is using this opportunity to correct a
longstanding error in the regulations that refers to section 372.17
when, in fact, the reference should be 40 CFR 372.30.
The updated list of TRI-covered NAICS codes is listed in 40 CFR
[[Page 12046]]
372.23(b) ``NAICS codes that correspond to SIC codes 20 through 39'',
and (c) ``NAICS codes that correspond to SIC codes other than SIC codes
20 through 39.'' Labels have been added to the 3-digit subsector codes
and the 6-digit national industry codes to provide descriptions of the
NAICS industries that are covered for TRI. These labels are being added
for clarification purposes, and they are identical to the labels that
appear in the OMB NAICS manual, Executive Office of the President,
Office of Management and Budget, North American Industry Classification
System, United States, 2007, Bernan, a division of The Kraus
Organization Limited, 2007.
II. Does This Action 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 manufacture, process, or otherwise use toxic chemicals
listed on the TRI, and that are required under section 313 of the
Emergency Planning and Community Right-to-Know Act (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 covered chemicals. Under Executive Order 13423, published
on January 24, 2007 (72 FR 3919), all federal facilities are required
to comply with the provisions set forth in Section 313 of EPCRA and
section 6607 of the PPA. On April 2, 2007, the White House Council on
Environmental Quality (CEQ) issued Instructions for Implementing
Executive Order 13423, including annual reporting to the TRI program.
Executive departments and agencies are required to implement the
activities described in the instructions in accordance with sections 1,
2, 3 and 4(b) of the Executive Order.
To determine whether your facility is 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
any questions regarding the applicability of this action to a
particular entity, consult the person listed in the FOR FURTHER
INFORMATION CONTACT section.
III. What is EPA's Statutory Authority for Taking This Action?
EPA is taking this action 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 Standard Industrial
Classification (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. 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 amended 40 CFR Part 372 to
include the 2002 NAICS codes that correspond to the SIC codes that are
currently subject to section 313 of EPCRA and section 6607 of the PPA.
71 FR 32464 (June 6, 2006). EPA is now proposing to amend 40 CFR Part
372 to include OMB's revised NAICS codes for 2007.
Owners and operators of facilities that are subject to section 313
must identify their principal business activities using 2007 NAICS
codes beginning with TRI reporting forms that are due on July 1, 2009,
covering releases and other waste management quantities at the facility
for the 2008 calendar year.
IV. Background Information
What Is the General Background for This Action?
EPA promulgated a final TRI NAICS rule on June 6, 2006, to amend
its regulations for TRI, found at 40 CFR Part 372, to include the NAICS
codes. The list of TRI NAICS codes that appeared in the final rule was
developed from the 2002 NAICS revision. EPA is proposing updates to
that list based on the OMB 2007 NAICS revision. In addition, certain
TRI-covered NAICS codes and certain exceptions and limitations to TRI-
covered NAICS codes did not appear in the June 6, 2006, notice's list
of TRI-covered NAICS codes and are now being proposed for inclusion.
These omissions are discussed in greater detail in Section VI of this
notice.
V. Proposed Action
A. What Is the Agency Proposing?
EPA will amend 40 CFR Part 372 to correct the list of NAICS codes
for TRI reporting and to update the list using 2007 NAICS codes so that
the NAICS codes listed in the TRI regulations accurately reflect the
universe of covered facilities under section 313 of EPCRA and section
6607 of the PPA.
In addition, unrelated to the NAICS codes, EPA is using this
rulemaking as an opportunity to correct a reference to a nonexistent
section in Part 372. Specifically, Sec. 372.5 (Persons subject to this
part) reads, in pertinent part ``If the owner and operator of a
facility are different persons, only one need report under Sec. 372.17
or provide a notice under Sec. 372.45 for each toxic chemical in a
mixture or trade name product distributed from the facility.'' There is
no 40 CFR 372.17 and therefore, reference to this section is an error
which the Agency is proposing to revise to refer to the appropriate
section on TRI reporting requirements, Sec. 372.30 (Reporting
requirements and schedule for reporting).
B. Will the Proposal Change the Universe of Facilities That Are
Currently Required to Report to EPA and the States?
EPA's final rule of June 2006 defined the universe of facilities
that is currently required to report under section 313 of EPCRA and
section 6607 of the PPA. Certain facilities that should have been
included in the final list of NAICS codes subject to TRI reporting in
the June 2006 rule were inadvertently omitted. We are clarifying in
this notice that those facilities are subject to TRI reporting.
C. How Will Section 313 Reporting Requirements Change as a Result of
This Proposed Rule?
TRI reporting requirements will not change as a result of this
final rule. This rule will revise the NAICS codes to reflect the OMB
NAICS 2007 revision and correct inadvertent omissions that occurred
when identifying the NAICS codes that are associated with the SIC codes
that are covered by the statute. This rule will help clarify that
certain sectors are still required to report to TRI and to accurately
reflect all covered sectors in the list of TRI-covered NAICS codes.
VI. Which TRI-Covered NAICS Codes Have Been Modified Under This
Proposed Rule?
An OMB Federal Register notice published on March 16, 2006 (71 FR
28532), updates NAICS for 2007. All
[[Page 12047]]
facilities that currently report to TRI will still be required to
report to TRI. However, due to the 2007 NAICS modifications, some
facilities will need to modify their NAICS codes as outlined in the
tables below. The following OMB final revisions are those that apply to
the 2002 TRI-covered NAICS codes in the manufacturing sector (NAICS 31-33).
For a small subset of 2002 NAICS codes, the 2007 NAICS revisions
replace one 2002 NAICS code with two or more 2007 NAICS codes (see the
table below). In one case--for the 2002 NAICS code 339111--the 2002
NAICS code number has been completely replaced by other more specific
existing NAICS codes and the code 339111 no longer appears in the NAICS
code listing.
The following final revisions from the OMB 2007 NAICS rule apply to
2002 TRI-covered NAICS codes in the NAICS manufacturing sector.
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2007
2002 NAICS code 2002 NAICS and U.S. NAICS 2002 NAICS and
description code U.S. description
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315211......... Men's and Boys' Cut [rarr 314999 All Other
and Sew Apparel ] 315211 Miscellaneous
Contractors Textile Product
embroidery Mills.
contractors Men's and Boys'
except embroidery Cut and Sew
contractors Apparel
Contractors.
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315212......... Women's, Girls' and [rarr 314999 All Other
Infants' Cut and ] 315212 Miscellaneous
Sew Apparel Textile Product
Contractors Mills.
embroidery Women's, Girls'
contractors and Infants' Cut
except embroidery and Sew Apparel
contractors Contractors.
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326199......... All Other Plastics [rarr 326199 All Other
Product ] 336612 Plastics Product
Manufacturing. Manufacturing.
except inflatable Boat Building.
plastics boats
inflatable plastics
boats
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326291......... Rubber Product [rarr 326291 Rubber Product
Manufacturing for ] 326299 Manufacturing
Mechanical Use. for Mechanical
except rubber Use.
tubing for All Other Rubber
mechanical use Product
rubber tubing for Manufacturing.
mechanical use
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326299......... All Other Rubber [rarr 326299 All Other Rubber
Product ] 336612 Product
Manufacturing. Manufacturing.
except inflatable Boat Building.
rubber boats
inflatable rubber
boats
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334220......... Radio and [rarr 334220 Radio and
Television ] 334515 Television
Broadcasting and Broadcasting and
Wireless Wireless
Communications Communications
Equipment Equipment
Manufacturing Manufacturing.
except Instrument
communications Manufacturing
signal for Measuring
testing and and Testing
evaluation Electricity and
equipment Signals.
communications
signal
testing and
evaluation
equipment
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339111......... Laboratory [rarr 333298 All Other
Apparatus and ] 333415 Industrial
Furniture 333994 Machinery
Manufacturing. 333997 Manufacturing.
laboratory 333999 Air-conditioning
distilling 337127 and Warm Air
equipment 339113 Heating
laboratory freezers Equipment.
laboratory furnaces And Commercial
and ovens and Industrial
laboratory scales Refrigeration
and balances Equipment
laboratory Manufacturing.
centrifuges Industrial
laboratory Process Furnace
furniture (e.g. and Oven
stools, tables, Manufacturing.
benches) except Scale and Balance
laboratory Manufacturing.
distilling All Other
equipment, Miscellaneous
freezers, General Purpose
furnaces, ovens, Machinery
scales, balances, Manufacturing.
centrifuges, and Institutional
furniture Furniture
Manufacturing.
Surgical
Appliance and
Supplies
Manufacturing.
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None of the NAICS 2007 revisions for the manufacturing sector
(NAICS 31-33) listed in the table above result in changes to the list
of covered NAICS codes from the 2006 TRI NAICS rule, in which EPA
amended its regulations for TRI to include NAICS codes. OMB has simply
moved some of the definitions within specific NAICS manufacturing codes
to other NAICS manufacturing codes, all of which are presently covered
under the TRI regulations.
The following final revisions from the OMB 2007 NAICS rule apply to
2002 TRI-covered NAICS codes in sectors outside of the NAICS
manufacturing sector.
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2007
2002 NAICS code 2002 NAICS and U.S. NAICS 2002 NAICS and
description code U.S. description
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516110......... Internet Publishing [rarr 519130 Internet
and Broadcasting ] Publishing and
Broadcasting and
Web Search
Portals.
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541710......... Research and [rarr 541711 Research and
Development in the ] 541712 Development in
Physical, Biotechnology.
Engineering, and Research and
Life Sciences Development in
biotechnology the Physical,
research and Engineering, and
development Life Sciences
except (except
biotechnology Biotechnology).
research and
development
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[[Page 12048]]
The changes listed in the table above result in two minor changes
to the list of covered NAICS codes in the 2006 TRI NAICS rule, in which
EPA amended its regulations for TRI to include NAICS codes. NAICS
516110, Internet Publishing and Broadcasting, has been changed in the
2007 NAICS revision to 519130, Internet Publishing and Broadcasting and
Web Search Portals. TRI will make this revision to its final list of
covered NAICS codes; however, Web Search Portals will be listed as an
exception from the reporting requirements since Web Search Portals are
not covered in section 313 of EPCRA and section 6607 of PPA. Thus the
facilities actually covered for the purposes of TRI reporting will
remain the same.
NAICS 541710, Research and Development in the Physical,
Engineering, and Life Sciences, has been separated into two different
NAICS codes in order to single out biotechnology research and
development. The 2002 NAICS code 541710 has become two new 2007 NAICS
codes: NAICS 541711, Research and Development in Biotechnology, and
NAICS 541712, Research and Development in the Physical, Engineering,
and Life Sciences (except Biotechnology). The latter 2007 NAICS code,
541712, will replace 2002 NAICS code 541710 in the final list of TRI-
covered NAICS codes. As with 2002 NAICS code 541710, TRI coverage for
2007 NAICS code 541712 will be 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).
The 2007 NAICS code 541711 will not be added to the list of TRI-
covered facilities, since facilities conducting research and
development in biotechnology are not covered under section 313 of EPCRA
and section 6607 of the PPA. Limitations exist and are noted in 40 CFR
372.23(b) for both NAICS 519130 and 541712.
EPA is also proposing several changes to the list of TRI-covered
NAICS codes due to omissions that were identified from the list of
NAICS codes published in the final TRI NAICS rulemaking dated June 6,
2006 (71 FR 32464). Two NAICS codes, 113310, Logging, and 221330, Steam
and Air Conditioning Supply (with limitations), will be added to the
final list of covered NAICS codes. NAICS 113310 corresponds to the TRI-
covered SIC manufacturing code for logging, SIC 2411. NAICS 221330,
Steam and Air Conditioning Supply, limited to facilities engaged in
providing combinations of electric, gas, and other services, not
elsewhere classified (N.E.C.), corresponds to covered SIC code 4939,
Combination Utility Services N.E.C.
In addition, three exceptions (see table below) corresponding to
NAICS manufacturing codes 312, 327, and 399 should have been listed in
the June 6, 2006, final rule and would be added to the list of NAICS
codes in the final regulations in 40 CFR 372.23. These changes do not
alter the universe of facilities covered by section 313 of EPCRA and
section 6607 of PPA, but rather amend the current TRI regulations to
more accurately reflect that universe.
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NAICS subsector (3-digit) NAICS industries (6 digit) Exception
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312................................ 312112--Bottled Water Exception is limited to facilities primarily
Manufacturing. engaged in bottling mineral or spring water
(previously classified under SIC 5149,
Groceries and Related Products, NEC).
327................................ 327112--Vitreous China, Exception is limited to facilities primarily
Fine Earthenware, and engaged in manufacturing and selling pottery
Other Pottery Product on site (previously classified under SIC
Manufacturing. 5719, Miscellaneous Homefurnishing Stores).
339................................ 339113--Surgical Appliance Exception is limited to facilities primarily
and Supplies Manufacturing. engaged in manufacturing orthopedic devices
to prescription in a retail environment
(previously classified under SIC 5999,
Miscellaneous Retail Stores, NEC).
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VII. What Additional Reporting Burden Is Associated With This Action?
This proposed rule adds no new reporting requirements, and there
will be no net increase in respondent burden. Facilities were first
required to report their toxic chemical releases and other waste
management activities to EPA using NAICS codes beginning in 2007 for
reporting year 2006. Covered facilities should refer to the updated
NAICS code list in 40 CFR 372.23 when reporting. Crosswalk tables
between 2007 NAICS and 2002 NAICS can be found on the Internet at
http://www.census.gov/epcd/www/naics.html.
VIII. Regulatory Assessment Requirements
A. Executive Order 12866
This action is not a ``significant regulatory action'' under the terms
of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the EO.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
Facilities that are affected by the rule are already required to report
their industrial classification codes on the approved reporting forms
under section 313 of EPCRA and 6607 of the PPA.
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 Request (ICR) OMB control numbers 2070-0093 (EPA ICR No.
1363-14) for Form R and 2070-0143 (EPA ICR No. 1704-08) for Form A. A
copy of the OMB approved Information Collection Requests (ICRs) may be
obtained from Rick Westlund, Collection Strategies Division; U.S.
Environmental Protection Agency (2822T); 1200 Pennsylvania Ave., NW.,
Washington, DC 20460 or by calling (202) 566-1672.
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
[[Page 12049]]
to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. The 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 this 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 considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The small
entities directly regulated by this proposed rule are TRI reporting
facilities that have 10 or more full-time employee equivalents (i.e., a
total of 20,000 hours or greater). We have determined that, since this
rule makes only very minor revisions and updates to the TRI NAICS codes
that are already being used by TRI-covered facilities on TRI reporting
forms, the resulting burden due to these minor changes is negligible,
and will not have a significant economic impact on a substantial number
of small entities.
D. Unfunded Mandates Reform Act
EPA has determined that this 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. 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 of the UMRA generally
requires EPA to identify and consider a reasonable number of the
regulatory alternatives and adopt the least costly, most cost-effective
or least burdensome alternative that achieves the objective 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.
Thus, today's rule is not subject to the requirements of sections
202 and 205 of the UMRA. EPA has also determined that this rule
contains no regulatory requirements that might significantly or
uniquely affect small governments. Because this proposed rule simply
updates and makes very minor corrections to the TRI NAICS codes that
have already been implemented for reporting by TRI facilities, the rule
will not impose substantial direct compliance costs on TRI reporting
facilities regulated under section 313 of EPCRA and 6607 of the PPA.
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 rule does not have federalism implications. It will not have a
substantial direct effect on 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. Thus, Executive Order 13132 does not apply to
this rule.
F. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled Consultation and Coordination with
Indian Tribal Governments, (59 FR 22951, 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.'' EPA has concluded that this proposed
rule may have tribal implications as TRI reporting facilities may be on
tribal lands. However, the rule simply updates and makes corrections to
the TRI NAICS codes that have already been implemented for reporting by
TRI facilities, include those on tribal lands. As such, the rule will
neither impose substantial direct compliance costs on tribal
governments, nor preempt Tribal law.
G. 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.
[[Page 12050]]
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This rule is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.
H. 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.
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 use 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.
This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards. EPA welcomes comments on this aspect of the proposed
rulemaking and, specifically, invites the public to identify
potentially applicable voluntary consensus standards and to explain why
such standards should be used in this regulation.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations.
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this rule will not have disproportionately
high and adverse human health or environmental effects on minority or
low-income populations because the rule addresses information
collection and does not affect the level of protection provided to
human health or the environment.
List of Subjects in 40 CFR Part 372
Environmental protection, Community right-to-know, Reporting and
recordkeeping requirements, Toxic chemicals.
Dated: February 28, 2008.
Stephen L. Johnson,
Administrator.
For the reasons set out in the preamble, title 40 Chapter I of the
Code of Federal Regulations is proposed to 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.
Sec. 372.5 [Amended]
2. Amend Sec. 372.5, by removing the reference to ``372.17'' and
adding in its place the reference ``372.30''.
3. Amend Sec. 372.22 by revising paragraph (b) introductory text
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. 372.23(a), for which the corresponding North American Industry
Classification System (NAICS) (as in effect on January 1, 2007, for
reporting year 2008 and thereafter) 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:
* * * * *
4. Amend Sec. 372.23 by revising paragraphs (b) and (c) to read as
follows:
Sec. 372.23 SIC and NAICS codes to which this Part applies.
* * * * *
(b) NAICS codes that correspond to SIC codes 20 through 39
------------------------------------------------------------------------
Subsector code or industry
code Exceptions and/or limitations
------------------------------------------------------------------------
113310 Logging
311 Food Manufacturing....... 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--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 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);
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 Beverage and Tobacco Except 312112--Exception is limited to
Product Manufacturing. facilities primarily engaged in bottling
mineral or spring water (previously
classified under SIC 5149, Groceries and
Related Products, NEC);
Except 312229--Exception is limited to
facilities primarily engaged in
providing Tobacco Sheeting Services
(previously classified under SIC 7389,
Business Services, NEC);
[[Page 12051]]
313 Textile Mills............ 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 Textile Product Mills.... 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 Apparel Manufacturing.... 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)
(custom dressmakers) (previously
classified under SIC Code 5699,
Miscellaneous Apparel and Accessory
Stores);
316 Leather and Allied
Product Manufacturing
321 Wood Product
Manufacturing
322 Paper Manufacturing
323 Printing and Related Except 323114--Exception is limited to
Support Activities. 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 Petroleum and Coal
Products Manufacturing
325 Chemical Manufacturing... 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 Plastics and Rubber Except 326212--Tire Retreading,
Products Manufacturing. (previously classified under SIC 7534,
Tire Retreading and Repair Shops
(rebuilding));
327 Nonmetallic Mineral Except 327112--Exception is limited to
Product Manufacturing. facilities primarily engaged in
manufacturing and selling pottery on
site (previously classified under SIC
5719, Miscellaneous Homefurnishing
Stores);
331 Primary Metal
Manufacturing
332 Fabricated Metal Product
Manufacturing
333 Machinery Manufacturing
334 Computer and Electronic Except 334611--Software Reproducing
Product Manufacturing (previously classified under SIC 7372,
Prepackaged Software, (reproduction of
software));
Except 334612--Exception is limited to
facilities primarily engaged in 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));
335 Electrical Equipment, Except 335312--Exception is limited to
Appliance, and Component facilities primarily engaged in armature
Manufacturing. rewinding on a factory basis (previously
classified under SIC 7694 (Armature
Rewinding Shops (remanufacturing));
336 Transportation Equipment
Manufacturing
337 Furniture and Related Except 337110--Exception is limited to
Product Manufacturing. 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 Miscellaneous Except 339113--Exception is limited to
Manufacturing. facilities primarily engaged in
manufacturing orthopedic devices to
prescription in a retail environment
(previously classified under SIC 5999,
Miscellaneous Retail Stores, NEC);
[[Page 12052]]
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);
111998 All Other Limited to facilities primarily engaged
Miscellaneous Crop Farming. in reducing maple sap to maple syrup
(previously classified under SIC 2099,
Food Preparations, NEC, Reducing Maple
Sap to Maple Syrup);
211112 Natural Gas Liquid Limited to facilities that recover sulfur
Extraction. from natural gas (previously classified
under SIC 2819, Industrial Inorganic
chemicals, NEC (recovering sulfur from
natural gas));
212324 Kaolin and Ball Clay Limited to facilities operating without a
Mining. 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 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));
212393 Other Chemical and Limited to facilities operating without a
Fertilizer Mineral Mining. 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 All Other Nonmetallic Limited to facilities operating without a
Mineral Mining. 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 Other Support Limited to facilities that are primarily
Activities for Water engaged in providing routine repair and
Transportation. maintenance of ships and boats from
floating drydocks (previously classified
under SIC 3731, Shipbuilding and
Repairing (floating drydocks not
associated with a shipyard));
511110 Newspaper Publishers
511120 Periodical Publishers
511130 Book Publishers
511140 Directory and Mailing Except facilities that are primarily
List Publishers. 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 Greeting Card
Publishers
511199 All Other Publishers
512220 Integrated Record
Production/Distribution
512230 Music Publishers...... 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));
519130 Internet Publishing Limited to facilities primarily engaged
and Broadcasting and Web in Internet newspaper publishing
Search Portals. (previously classified under SIC 2711,
Newspapers: Publishing, or Publishing
and Printing), Internet periodical
publishing (previously classified under
SIC 2721, Periodicals: Publishing, or
Publishing and Printing), Internet book
publishing (previously classified under
SIC 2731, Books: Publishing, or
Publishing and Printing), Miscellaneous
Internet publishing (previously
classified under SIC 2741, Miscellaneous
Publishing), Internet greeting card
publishers (previously classified under
SIC 2771, Greeting Cards); Except for
facilities primarily engaged in web
search portals;
541712 Research and Limited to facilities that are primarily
Development in the Physical, engaged in Guided missile and space
Engineering, and Life vehicle engine research and development
Sciences (except (previously classified under SIC 3764,
Biotechnology). 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 Other Personal and Limited to facilities that are primarily
Household Goods Repair and engaged in repairing and servicing
Maintenance. 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 Bituminous Coal and .........................................
Lignite Surface Mining
212112 Bituminous Coal and .........................................
Underground Mining
212113 Anthracite Mining .........................................
212221 Gold Ore Mining .........................................
212222 Silver Ore Mining .........................................
[[Page 12053]]
212231 Lead Ore and Zinc Ore .........................................
Mining
212234 Copper Ore and Nickel .........................................
Ore Mining
212299 Other Metal Ore Mining .........................................
221111 Hydroelectric Power Limited to facilities that combust coal
Generation and/or oil for the purpose of generating
power for distribution in commerce.
221112 Fossil Fuel Electric Limited to facilities that combust coal
Power Generation and/or oil for the purpose of generating
power for distribution in commerce.
221113 Nuclear Electric Power Limited to facilities that combust coal
Generation and/or oil for the purpose of generating
power for distribution in commerce.
221119 Other Electric Power Limited to facilities that combust coal
Generation and/or oil for the purpose of generating
power for distribution in commerce.
221121 Electric Bulk Power Limited to facilities that combust coal
Transmission and Control and/or oil for the purpose of generating
power for distribution in commerce.
221122 Electric Power Limited to facilities that combust coal
Distribution and/or oil for the purpose of generating
power for distribution in commerce.
221330 Steam and Air Limited to facilities engaged in
Conditioning Supply providing combinations of electric, gas,
and other services, not elsewhere
classified (N.E.C.) (previously
classified under SIC 4939, Combination
Utility Services Not Elsewhere
Classified.)
424690 Other Chemical and .........................................
Allied Products Merchant
Wholesalers
424710 Petroleum Bulk .........................................
Stations and Terminals
425110 Business to Business Limited to facilities previously
Electronic Markets classified in SIC 5169, Chemicals and
Allied Products, Not Elsewhere
Classified.
425120 Wholesale Trade Agents Limited to facilities previously
and Brokers classified in SIC 5169, Chemicals and
Allied Products, Not Elsewhere
Classified.
562112 Hazardous Waste Limited to facilities primarily engaged
Collection in solvent recovery services on a
contract or fee basis (previously
classified under SIC 7389, Business
Services, NEC);
562211 Hazardous Waste Limited to facilities regulated under the
Treatment and Disposal Resource Conservation and Recovery Act,
subtitle C, 42 U.S.C. 6921 et seq.
562212 Solid Waste Landfill Limited to facilities regulated under the
Resource Conservation and Recovery Act,
subtitle C, 42 U.S.C. 6921 et seq.
562213 Solid Waste Combustors Limited to facilities regulated under the
and Incinerators Resource Conservation and Recovery Act,
subtitle C, 42 U.S.C. 6921 et seq.
562219 Other Nonhazardous Limited to facilities regulated under the
Waste Treatment and Disposal Resource Conservation and Recovery Act,
subtitle C, 42 U.S.C. 6921 et seq.
562920 Materials Recovery Limited to facilities regulated under the
Facilities Resource Conservation and Recovery Act,
subtitle C, 42 U.S.C. 6921 et seq.
------------------------------------------------------------------------
[FR Doc. E8-4387 Filed 3-5-08; 8:45 am]
BILLING CODE 6560-50-P