Community Right-to-Know; Adoption of 2012 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting, 42910-42921 [2013-17297]

Download as PDF 42910 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Proposed Rules contingency measures continue to be suspended for so long as the area continues to monitor attainment of the 2006 24-hour PM2.5 NAAQS. If, in the future, the EPA determines after noticeand-comment rulemaking that the area again violates the 2006 24-hour PM2.5 NAAQS, the basis for suspending the attainment demonstration, RFP, RACM, and contingency measure obligations would no longer exist. pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 VI. Proposed Action The EPA proposes to determine, based on the most recent three years of complete, quality-assured data meeting the requirements of 40 CFR part 50, appendix N, that the Tacoma-Pierce County Area is currently attaining the 2006 24-hour PM2.5 NAAQS. In conjunction with and based upon our proposed determination that TacomaPierce County Area is attaining the standard, the EPA proposes to determine that the obligation to submit the following attainment-related planning requirements are not applicable for so long as the area continues to attain the PM2.5 standard: The part D, subpart 4 obligations to provide an attainment demonstration pursuant to CAA section 189(a)(1)(B), the RACM provisions of CAA section 189(a)(1)(C), the RFP provisions of CAA section 189(c), and related attainment demonstration, RACM, RFP and contingency measure provisions requirements of subpart 1, CAA section 172. This proposed action, if finalized, would not constitute a redesignation to attainment under CAA section 107(d)(3). In conjunction with this proposed finding of attainment, the EPA is proposing to approve MVEBs calculated for the 2011 attainment year, the year that the Tacoma-Pierce County first attained the 2006 24-hour PM2.5 NAAQS. The EPA is proposing approval of MVEBs pursuant to 40 CFR 93.109(c)(5)(iii), as described in the Transportation Conformity Rule and the preamble of the Transportation Conformity Restructuring Amendments (77 FR 14982, March 14, 2012). VII. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements VerDate Mar<15>2010 14:53 Jul 17, 2013 Jkt 229001 beyond those imposed by State law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because it will not impose substantial direct costs on tribal governments or preempt tribal law. The SIP is not approved to apply in Indian country located in the State, except for non-trust land within the exterior boundaries of the Puyallup Indian Reservation, also known as the 1873 Survey Area. Under the Puyallup Tribe of Indians Settlement Act of 1989, 25 U.S.C. 1773, Congress explicitly provided State and local agencies in Washington authority over activities on non-trust lands within the 1873 Survey Area and the EPA is therefore approving this SIP on such lands. Consistent with EPA policy, the EPA provided a consultation opportunity to the Puyallup Tribe in a letter dated December 11, 2012. The EPA did not receive a request for consultation. PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: July 8, 2013. Dennis J. McLerran, Regional Administrator, Region 10. [FR Doc. 2013–17267 Filed 7–17–13; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 372 [EPA–HQ–OEI–2011–0979; FRL–9825–9] RIN 2025–AA36 Community Right-to-Know; Adoption of 2012 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: 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) 2012 NAICS revision. Facilities would be required to use 2012 NAICS codes when reporting to TRI beginning with TRI reporting forms that are due on July 1, 2014, covering releases and other waste management quantities for the 2013 calendar year. In the ‘‘Rules and Regulations’’ section of today’s Federal Register, we are simultaneously publishing the 2012 OMB NAICS revisions for TRI Reporting as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule. We will withdraw this proposed rule, and the direct final rule will become effective as specified in that rule. If, however, we do receive adverse comment in response to this proposed rule or in response to the direct final rule, then we will publish a timely withdrawal in the Federal Register informing the public that the direct final rule will not take effect. In that case, we would address all public comments in a subsequent final rule based on this proposed rule. We will not institute a second comment period on this action. Any parties interested in SUMMARY: E:\FR\FM\18JYP1.SGM 18JYP1 pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Proposed Rules commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document. DATES: Comments must be received on or before August 19, 2013. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OEI–2011–0979, by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • Email: oei.docket@epa.gov. • Fax: (202) 566–0715. • 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–OEI–2011– 0979. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at 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 www.regulations.gov or email. The 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 email comment directly to EPA without going through www.regulations.gov, your email 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 VerDate Mar<15>2010 14:53 Jul 17, 2013 Jkt 229001 at https://www.epa.gov/epahome/ dockets.htm. Docket: All documents in the docket are listed in the 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 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: 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) 566–0715; email: kendall.judith@epa.gov. 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, https://www.epa.gov/epaoswer/ hotline/. SUPPLEMENTARY INFORMATION: I. Why is EPA issuing this proposed rule? This document proposes to take action 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) final 2012 NAICS revision (75 FR 26856 and 76 FR 51240). We have published a direct final rule to adopt the OMB 2012 NAICS codes for TRI reporting purposes in the ‘‘Rules and Regulations’’ section of this Federal Register because we view this as a noncontroversial action and anticipate no adverse comment. We have explained our reasons for this action in the preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this proposed rule. The proposed rule will be withdrawn, and the direct final rule will become effective as specified in PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 42911 that rule. If, however, we receive adverse comment, we will withdraw the direct final rule and it will not take effect. In that case, we would address all public comments in any subsequent final rule based on this proposed rule. We do not intend to institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information, please see the information provided in the ADDRESSES section of this document. 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) or section 6607 of the Pollution Prevention Act (PPA) to report annually to EPA and States or Tribes their environmental releases or other waste management quantities of covered chemicals. (A rule was published on April 19, 2012 (77 FR 23409), requiring facilities located in Indian country to report to the appropriate tribal government official and EPA instead of to the state and EPA.) Under Executive Order 13423 (January 24, 2007), published in the Federal Register on January 26, 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 March 29, 2007, the White House Council on Environmental Quality (CEQ) issued Instructions for Implementing Executive Order 13423, including annual reporting to the TRI program. Notice of availability of those implementing instructions was published in the Federal Register on June 18, 2007 (72 FR 33504). To determine whether your facility is affected by this action, you should carefully examine the applicability criteria in Part 372 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 should I consider as I prepare my comments for EPA? A. Submitting CBI If you wish to claim information submitted in a comment to be CBI, it will be handled in accordance with procedures set forth in 40 CFR part 2, E:\FR\FM\18JYP1.SGM 18JYP1 42912 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Proposed Rules subpart B. If you do not assert a confidentiality claim at the time of submission, the information may be made available to the public by EPA without further notice. See 40 CFR 2.203, 41 FR 36902, September 1, 1976. Do not submit this information to EPA through www.regulations.gov or email. Clearly mark the specific information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR Part 2. pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 B. Tips for Preparing Your Comments When submitting comments, remember to: • Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number). • Follow directions—The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/ or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. IV. 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 VerDate Mar<15>2010 14:53 Jul 17, 2013 Jkt 229001 of EPCRA requires owners and operators of covered 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 states that: ‘‘The Administrator may prescribe such regulations as may be necessary to carry out this chapter.’’ 42 U.S.C. 11048. Consistent with these authorities, on June 6, 2006, 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). On June 9, 2008 (73 FR 32466), EPA amended 40 CFR Part 372 to include the 2007 NAICS codes that correspond to the SIC codes that are currently subject to section 313 of EPCRA and section 6607 of the PPA. This proposed action would amend 40 CFR Part 372 to include OMB’s revised NAICS codes for 2012. Owners and operators of facilities that are subject to section 313 would need to use 2012 NAICS codes when identifying their principal business activities beginning with TRI reporting forms that are due on July 1, 2014, covering releases and other waste management quantities at the facility for the 2013 calendar year. V. 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 NAICS codes in addition to SIC codes. The list of TRI NAICS codes that appeared in the final rule was developed from the OMB 2002 NAICS revision. EPA updated the list of TRI NAICS codes in 2008 (73 FR 32466), to incorporate changes to the TRI NAICS codes resulting from the OMB 2007 NAICS revision. PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 The Office of Management and Budget (OMB) revises North American Industry Classification Codes every five years. An OMB Federal Register notice published on May 12, 2010 (75 FR 26856), announced updated NAICS codes for 2012, and a second OMB Federal Register notice published on Aug. 17, 2011 (76 FR 51240), finalized and further modified the NAICS codes for 2012. VI. Proposed Action A. What is the agency proposing? EPA would amend 40 CFR Part 372 to include 2012 NAICS codes for TRI reporting that accurately reflect the universe of covered facilities under section 313 of EPCRA and section 6607 of the PPA. B. Would the proposal change the universe of facilities that are currently required to report to EPA and the States? Today’s proposal of updating the list of NAICS codes to reflect the 2012 OMB NAICS revision would not change the universe of facilities that are currently required to report to EPA and the States. C. How would Section 313 reporting requirements change as a result of this proposed rule? TRI reporting requirements would not change as a result of this proposed rule. This proposed rule would simply revise the NAICS codes to reflect the OMB NAICS 2012 revision. VII. Which TRI-covered NAICS codes have been modified under this proposed rule? The Office of Management and Budget (OMB) revises North American Industry Classification Codes every five years. An OMB Federal Register notice published on May 12, 2010 (75 FR 26856), announced updated NAICS codes for 2012, and a second OMB Federal Register notice published on August 17, 2011 (76 FR 51240), finalized and further modified the NAICS codes for 2012. All facilities that are currently required to report to TRI would still be required to report, and facilities that are not currently required to file TRI reports to the Agency would not be required to do so. However, due to the 2012 NAICS modifications, some facilities would need to modify their NAICS codes as outlined in the table below. This table reflects only the revised TRI NAICS reporting codes. A complete table of all TRI NAICS reporting codes can be found in the regulations at § 372.23. E:\FR\FM\18JYP1.SGM 18JYP1 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Proposed Rules 42913 REVISED TRI 2012 REPORTING CODES 2007 NAICS Code 221119 311222 311223 311311 311312 311320 .......... .......... .......... .......... .......... .......... 311330 .......... 311711 311712 311822 311823 .......... .......... .......... .......... 312210 312221 312229 313111 313112 313113 313221 313222 313241 313249 313311 313312 .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... 314121 314129 314911 314912 314991 .......... .......... .......... .......... .......... 314992 315111 315119 315191 315192 315211 315212 .......... .......... .......... .......... .......... .......... .......... 315221 .......... 315222 .......... 315223 .......... 315224 .......... 315225 .......... 315228 .......... 315231 .......... 315232 .......... pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 315233 .......... 315234 .......... 315239 .......... 315291 315292 315299 315991 .......... .......... .......... .......... 315992 .......... 315993 .......... VerDate Mar<15>2010 2007 NAICS and U.S. Description 2012 NAICS Code Other Electric Power Generation. Soybean Processing. Other Oilseed Processing. Sugarcane Mills. Cane Sugar Refining. Chocolate and Confectionery Manufacturing from Cacao Beans. Confectionery Manufacturing from Purchased Chocolate. Seafood Canning. Fresh and Frozen Seafood Processing. Flour Mixes and Dough Manufacturing from Purchased Flour. Dry Pasta Manufacturing. Tobacco Stemming and Redrying. Cigarette Manufacturing. Other Tobacco Product Manufacturing. Yarn Spinning Mills. Yarn Texturizing, Throwing, and Twisting Mills. Thread Mills. Narrow Fabric Mills. Schiffli Machine Embroidery. Weft Knit Fabric Mills. Other Knit Fabric and Lace Mills. Broadwoven Fabric Finishing Mills. Textile and Fabric Finishing (except Broadwoven Fabric) Mills. Curtain and Drapery Mills. Other Household Textile Product Mills. Textile Bag Mills. Canvas and Related Product Mills. Rope, Cordage, and Twine Mills. 221118 ......... 311224 ......... Other Electric Power Generation. Soybean and Other Oilseed Processing. 311314 ......... Cane Sugar Manufacturing. 311351 ......... Chocolate and Confectionery Manufacturing from Cacao Beans. Confectionery Manufacturing from Purchased Chocolate. Seafood Product Preparation and Packaging. Tire Cord and Tire Fabric Mills. Sheer Hosiery Mills. Other Hosiery and Sock Mills. Outerwear Knitting Mills. Underwear and Nightwear Knitting Mills. Men’s and Boys’ Cut and Sew Apparel Contractors. Women’s, Girls’, and Infants’ Cut and Sew Apparel Contractors. Men’s and Boys’ Cut and Sew Underwear and Nightwear Manufacturing. Men’s and Boys’ Cut and Sew Suit, Coat, and Overcoat Manufacturing. Men’s and Boys’ Cut and Sew Shirt (except Work Shirt) Manufacturing. Men’s and Boys’ Cut and Sew Trouser, Slack, and Jean Manufacturing. Men’s and Boys’ Cut and Sew Work Clothing Manufacturing. Men’s and Boys’ Cut and Sew Other Outerwear Manufacturing. Women’s and Girls’ Cut and Sew Lingerie, Loungewear, and Nightwear Manufacturing. Women’s and Girls’ Cut and Sew Blouse and Shirt Manufacturing. Women’s and Girls’ Cut and Sew Dress Manufacturing. Women’s and Girls’ Cut and Sew Suit, Coat, Tailored Jacket, and Skirt Manufacturing. Women’s and Girls’ Cut and Sew Other Outerwear Manufacturing. Infants’ Cut and Sew Apparel Manufacturing. Fur and Leather Apparel Manufacturing. All Other Cut and Sew Apparel Manufacturing. Hat, Cap, and Millinery Manufacturing. 311352 ......... 311710 ......... 2012 NAICS description 311824 ......... Dry Pasta, Dough, and Flour Mixes Manufacturing from Purchased Flour. 312230 ......... Tobacco Manufacturing. 313110 ......... Fiber, Yarn, and Thread Mills. 313220 ......... Narrow Fabric Mills and Schiffli Machine Embroidery. 313240 ......... Knit Fabric Mills. 313310 ......... Textile and Fabric Finishing Mills. 314120 ......... Curtain and Linen Mills. 314910 ......... Textile Bag and Canvas Mills. 314994 ......... Rope, Cordage, Twine, Tire Cord, and Tire Fabric Mills. 315110 ......... Hosiery and Sock Mills. 315190 ......... Other Apparel Knitting Mills. 315210 ......... Cut and Sew Apparel Contractors. 315220 ......... Men’s and Boys’ Cut and Sew Apparel Manufacturing. 315240 ......... Women’s, Girls’, and Infants’ Cut and Sew Apparel Manufacturing. 315280 ......... Other Cut and Sew Apparel Manufacturing. 315990 ......... Apparel Accessories and Other Apparel Manufacturing. Glove and Mitten Manufacturing. Men’s and Boys’ Neckwear Manufacturing. 14:53 Jul 17, 2013 Jkt 229001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\18JYP1.SGM 18JYP1 42914 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Proposed Rules REVISED TRI 2012 REPORTING CODES—Continued 2007 NAICS Code 2007 NAICS and U.S. Description 315999 .......... Other Apparel Accessories and Other Apparel Manufacturing. Rubber and Plastics Footwear Manufacturing. House Slipper Manufacturing. Men’s Footwear (except Athletic). Manufacturing on Women’s Footwear (except Athletic). Manufacturing Other Footwear Manufacturing. Luggage Manufacturing. 316211 316212 316213 316214 .......... .......... .......... .......... 316219 .......... 316991 .......... 316993 .......... 316999 .......... 322213 .......... 322214 .......... 322215 .......... 322221 .......... 322222 322223 322224 322225 .......... .......... .......... .......... 322226 .......... 322231 .......... 322232 .......... 322233 .......... 323110 323111 323112 323114 323115 323116 323118 .......... .......... .......... .......... .......... .......... .......... 323119 323121 323122 325131 325132 325181 325182 325188 325191 .......... .......... .......... .......... .......... .......... .......... .......... .......... 2012 NAICS Code Coated and Laminated Paper Manufacturing. Coated Paper Bag and Pouch Manufacturing. Uncoated Paper and Multiwall Bag Manufacturing. Laminated Aluminum Foil Manufacturing for Flexible Packaging Uses. Surface-Coated Paperboard Manufacturing. Die-Cut Paper and Paperboard Office Supplies Manufacturing. Envelope Manufacturing. Stationery, Tablet, and Related Product Manufacturing. Commercial Lithographic Printing. Commercial Gravure Printing). Commercial Flexographic Printing. Quick Printing. Digital Printing. Manifold Business Forms Printing. Blankbook, Looseleaf Binders, and Devices Manufacturing. Other Commercial Printing. Tradebinding and Related Work. Prepress Services. Inorganic Dye and Pigment Manufacturing. Synthetic Organic Dye and Pigment Manufacturing. Alkalies and Chlorine Manufacturing. Carbon Black Manufacturing. All Other Basic Inorganic Chemical Manufacturing. Gum and Wood Chemical Manufacturing. Cyclic Crude and Intermediate Manufacturing. Cellulosic Organic Fiber Manufacturing. 325222 .......... 326192 .......... 327111 .......... Noncellulosic Organic Fiber Manufacturing. Resilient Floor Covering Manufacturing. Vitreous China Plumbing Fixture and China and Earthenware Bathroom Accessories Manufacturing. Vitreous China, Fine Earthenware, and Other Pottery Product Manufacturing. Porcelain Electrical Supply Manufacturing. Brick and Structural Clay Tile Manufacturing. Ceramic Wall and Floor Tile Manufacturing. Other Structural Clay Product Manufacturing. Clay Refractory Manufacturing. Nonclay Refractory Manufacturing. Iron and Steel Mills. Electrometallurgical Ferroalloy Product Manufacturing. Alumina Refining. Primary Aluminum Production. Aluminum Extruded Product Manufacturing. Other Aluminum Rolling and Drawing. pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 327113 327121 327122 327123 327124 327125 331111 331112 331311 331312 331316 331319 .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... VerDate Mar<15>2010 14:53 Jul 17, 2013 Jkt 229001 PO 00000 Frm 00022 Fmt 4702 316210 ......... Footwear Manufacturing. 316998 ......... All Other Leather Good and Allied Product Manufacturing. 322219 ......... Other Paperboard Container Manufacturing. 322220 ......... Paper Bag and Coated and Treated Paper Manufacturing. 322230 ......... Stationery Product Manufacturing. 323111 ......... Commercial Printing (except Screen and Books). 323120 ......... Support Activities for Printing. 325130 ......... Synthetic Dye and Pigment Manufacturing. 325180 ......... Other Basic Inorganic Chemical Manufacturing. 325194 ......... Cyclic Crude, Intermediate, and Gum and Wood Chemical Manufacturing. 325220 ......... Personal Leather Good (except Women’s Handbag and Purse) Manufacturing. All Other Leather Good and Allied Product Manufacturing. Setup Paperboard Box Manufacturing. Fiber Can, Tube, Drum, and Similar Products Manufacturing. Nonfolding Sanitary Food Container Manufacturing. Coated and Laminated Packaging. 325192 .......... 325221 .......... 327112 .......... 2012 NAICS description Artificial and Synthetic Fibers and Filaments Manufacturing. 326199 ......... 327110 ......... All Other Plastics Product Manufacturing. Pottery, Ceramics, and Plumbing Fixture Manufacturing. 327120 ......... Clay Building Material and Refractories Manufacturing. 331110 ......... Iron and Steel Mills and Ferroalloy Manufacturing. 331313 ......... Alumina Refining and Primary Aluminum Production. 331318 ......... Other Aluminum Rolling, Drawing, and Extruding. Sfmt 4702 E:\FR\FM\18JYP1.SGM 18JYP1 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Proposed Rules 42915 REVISED TRI 2012 REPORTING CODES—Continued 2007 NAICS Code 2012 NAICS Code 331411 .......... Primary Smelting and Refining of Copper. 331419 .......... Primary Smelting and Refining of Nonferrous Metal (except Copper and Aluminum). Copper Rolling, Drawing, and Extruding. Copper Wire (except Mechanical) Drawing. Secondary Smelting, Refining, and Alloying of Copper. Aluminum Die-Casting Foundries. Nonferrous (except Aluminum) Die-Casting Foundries. Copper Foundries (except Die-Casting). 331421 331422 331423 331521 331522 331525 .......... .......... .......... .......... .......... .......... 2012 NAICS description 331410 ......... 2007 NAICS and U.S. Description Nonferrous Metal (except Aluminum) Smelting and Refining. 331420 ......... Copper Rolling, Drawing, Extruding, and Alloying. 331523 ......... Nonferrous Metal Die-Casting Foundries. 331529 ......... Other Nonferrous Metal Foundries (except Die-Casting). 331528 .......... 332115 .......... Other Nonferrous Foundries (except Die-Casting). Crown and Closure Manufacturing. 332119 ......... Metal Crown, Closure, and Other Metal Stamping (except Automotive). 332116 .......... 332211 .......... Metal Stamping. Cutlery and Flatware (except Precious) Manufacturing. 332215 ......... Metal Kitchen Cookware, Utensil, Cutlery, and Flatware (except Precious) Manufacturing. 332214 332212 332213 332611 332612 332994 Kitchen Utensil, Pot, and Pan Manufacturing. Hand and Edge Tool Manufacturing. Saw Blade and Handsaw Manufacturing. Spring (Heavy Gauge) Manufacturing. Spring (Light Gauge) Manufacturing. Small Arms Manufacturing. 332216 ......... Saw Blade and Handtool Manufacturing. 332613 ......... Spring Manufacturing. 332994 ......... Small Arms, Ordnance, and Ordnance Accessories Manufacturing. 332999 ......... 332999 ......... All Other Miscellaneous Fabricated Metal Product Manufacturing. All Other Miscellaneous Fabricated Metal Product Manufacturing. 333243 ......... Sawmill, Woodworking, and Paper Machinery Manufacturing. 333249 ......... Other Industrial Machinery Manufacturing. 333244 333241 333242 333318 ......... ......... ......... ......... Printing Machinery and Equipment Manufacturing. Food Product Machinery Manufacturing. Semiconductor Machinery Manufacturing. Other Commercial and Service Industry Machinery Manufacturing. Commercial Laundry, Drycleaning, and Pressing Machine Manufacturing. Office Machinery Manufacturing. Other Commercial and Service Industry Machinery Manufacturing. Photographic and Photocopying Equipment Manufacturing. Other Computer Peripheral Equipment Manufacturing. digital camera manufacturing. Air Purification Equipment Manufacturing. 333316 ......... Photographic and Photocopying Equipment Manufacturing. 333413 ......... Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing. 333512 .......... 333513 .......... 333516 .......... Industrial and Commercial Fan and Blower Manufacturing. Machine Tool (Metal Cutting Types) Manufacturing. Machine Tool (Metal Forming Types) Manufacturing. Rolling Mill Machinery and Equipment Manufacturing. 333517 ......... Machine Tool Manufacturing. 333519 ......... Rolling Mill and Other Metalworking Machinery Manufacturing. 333518 .......... 334113 .......... Other Metalworking Machinery Manufacturing. Computer Terminal Manufacturing. 334118 ......... Computer Terminal and Other Computer Peripheral Equipment Manufacturing. 334119 .......... Other Computer Peripheral Equipment Manufacturing except digital camera manufacturing. Electron Tube Manufacturing. Electronic Capacitor Manufacturing. 334419 ......... 334416 ......... Other Electronic Component Manufacturing. Capacitor, Resistor, Coil, Transformer, and Other Inductor Manufacturing. .......... .......... .......... .......... .......... .......... 332995 .......... 332997 .......... Other Ordnance and Accessories Manufacturing. Industrial Pattern Manufacturing. 332998 .......... Enameled Iron and Metal Sanitary Ware Manufacturing. All Other Miscellaneous Fabricated Metal Product Manufacturing. Sawmill and Woodworking Machinery Manufacturing pt. Paper Industry Machinery Manufacturing. Plastics and Rubber Industry Machinery Manufacturing. Textile Machinery Manufacturing. All Other Industrial Machinery Manufacturing. Printing Machinery and Equipment Manufacturing. Food Product Machinery Manufacturing. Semiconductor Machinery Manufacturing. Automatic Vending Machine Manufacturing. 332999 .......... 333210 .......... 333291 .......... 333220 .......... 333292 333298 333293 333294 333295 333311 .......... .......... .......... .......... .......... .......... 333312 .......... 333313 .......... 333319 .......... 333315 .......... 334119 .......... 333411 .......... pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 333412 .......... 334411 .......... 334414 .......... 334415 .......... 334416 .......... VerDate Mar<15>2010 Electronic Resistor Manufacturing. Electronic Coil, Transformer, and Other Inductor Manufacturing. 14:53 Jul 17, 2013 Jkt 229001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\18JYP1.SGM 18JYP1 42916 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Proposed Rules REVISED TRI 2012 REPORTING CODES—Continued 2007 NAICS Code 2012 NAICS Code 2007 NAICS and U.S. Description 2012 NAICS description 334518 .......... Watch, Clock, and Part Manufacturing. 334519 ......... 334611 .......... Software Reproducing. 334614 ......... Other Measuring and Controlling Device Manufacturing. Software and Other Prerecorded Compact Disc, Tape, and Record Reproducing. 334612 .......... Prerecorded Compact Disc (except Software), Tape, and Record Reproducing. Electric Housewares and Household Fan Manufacturing. Household Vacuum Cleaner Manufacturing. Carburetor, Piston, Piston Ring, and Valve Manufacturing. Gasoline Engine and Engine Parts Manufacturing. Vehicular Lighting Equipment Manufacturing. 335210 ......... Small Electrical Appliance Manufacturing. 336310 ......... Motor Vehicle Gasoline Engine and Engine Parts Manufacturing. 336320 ......... Motor Vehicle Electrical and Electronic Equipment Manufacturing. 336390 ......... Other Motor Vehicle Parts Manufacturing. 321999 ......... All Other Miscellaneous Wood Product Manufacturing. 339910 ......... Jewelry and Silverware Manufacturing. 339930 ......... Doll, Toy, and Game Manufacturing. 339940 ......... Office Supplies (except Paper) Manufacturing. 335211 .......... 335212 .......... 336311 .......... 336312 .......... 336321 .......... 336322 .......... 336391 .......... 336399 .......... 337129 .......... 339911 339912 339913 339914 339931 339932 339941 339942 339943 339944 .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... Other Motor Vehicle Electrical and Electronic Equipment Manufacturing. Motor Vehicle Air-Conditioning Manufacturing. All Other Motor Vehicle Parts Manufacturing. Wood Television, Radio, and Sewing Machine Cabinet Manufacturing. Jewelry (except Costume) Manufacturing. Silverware and Hollowware Manufacturing. Jewelers’ Material and Lapidary Work Manufacturing. Costume Jewelry and Novelty Manufacturing. Doll and Stuffed Toy Manufacturing. Game, Toy, and Children’s Vehicle Manufacturing. Pen and Mechanical Pencil Manufacturing. Lead Pencil and Art Good Manufacturing. Marking Device Manufacturing. Carbon Paper and Inked Ribbon Manufacturing. VIII. What additional reporting burden is associated with this action? This proposed rule would add no new reporting requirements, and there would be no net increase in respondent burden. Facilities were first required to use NAICS codes when reporting their toxic chemical releases and other waste management activities to EPA 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 codes and 2012 NAICS codes can be found on the Internet at https://www.census.gov/epcd/www/ naics.html. pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 IX. Regulatory Assessment Requirements A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a ‘‘significant regulatory action’’ under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011). EPA analyzed the potential costs and benefits associated with this action, and determined that since this rule adds no VerDate Mar<15>2010 14:53 Jul 17, 2013 Jkt 229001 new reporting requirements, there will be no net increase in respondent burden or other economic impacts. 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. However, the Office of Management and Budget (OMB) has previously approved the information collection requirements contained in 40 CFR part 372 under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB control number 2025–0009 (EPA ICR No. 1363–21) for Form R and Form A. A copy of the OMB approved Information Collection Requests (ICRs) may be obtained from Susan Auby, Collection Strategies Division; U.S. Environmental Protection Agency (2822T); 1200 Pennsylvania Ave. NW., Washington, DC 20460 or by calling (202) 566–1672. The OMB control numbers for EPA’s regulations in 40 CFR are listed in 40 CFR part 9. PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 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, section 601 of the RFA, 5 U.S.C. 601, defines ‘‘small entity’’ 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; or (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. This rule adds no new reporting requirements, and there will be no net increase in respondent burden. This E:\FR\FM\18JYP1.SGM 18JYP1 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Proposed Rules rule only proposes to update the NAICS codes already reported by respondents. 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. This proposed rule will not impose any requirements on small entities. We continue to be interested in the potential impacts of the proposed rule on small entities and welcome comments on issues related to such impacts. D. Unfunded Mandates Reform Act This rule does not contain a Federal mandate that may result in expenditures of $100 million or more to State, local, and tribal governments, in the aggregate, or to the private sector in any one year. This rule adds no new reporting requirements and there will be no net increase in respondent burden. Thus, this rule is not subject to the requirements of sections 202 or 205 of UMRA. This rule is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments. This EPA action contains no new reporting requirements. E. Executive Order 13132, Federalism This action 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 only proposes to update the NAICS reporting codes used by TRI reporting facilities on chemical reporting forms. 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 action from State and local officials. pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 F. Executive Order 13175 This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249), November 9, 2000, because this action only proposes to update the NAICS reporting codes for TRI reporting purposes. Thus, VerDate Mar<15>2010 14:53 Jul 17, 2013 Jkt 229001 Executive Order 13175 does not apply to this rule. G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks EPA interprets EO 13045 (62 FR 19885, April 23, 1997), as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5–501 of the EO has the potential to influence the regulation. This action is not subject to EO 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 action is not subject to Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (‘‘NTTAA’’), Public Law 104–113, 12(d) (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, and business practices) 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 action does not involve technical standards. Therefore, EPA did not consider the use of any voluntary consensus standards. 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, PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 42917 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 proposed 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. This rule simply proposes to update the NAICS reporting codes for TRI reporting purposes. List of Subjects in 40 CFR Part 372 Environmental protection, Community right-to-know, Reporting and recordkeeping requirements, Toxic chemicals. Dated: July 9, 2013. Bob Perciasepe, Acting 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. 2. Amend § 372.22 by revising the introductory text for paragraph (b) to read as follows: ■ § 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 § 372.23(a), for which the corresponding North American Industry Classification System (NAICS) (as in effect on January 1, 2012, for reporting year 2013 and thereafter) subsector and industry codes are listed in §§ 372.23(b) and 372.23(c) by virtue of the fact that it meets one of the following criteria: * * * * * ■ 3. Amend § 372.23 by revising paragraphs (b) and (c) to read as follows: § 372.23 SIC and NAICS codes to which this Part applies. * * * * * (b) NAICS codes that correspond to SIC codes 20 through 39 E:\FR\FM\18JYP1.SGM 18JYP1 42918 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Proposed Rules Subsector code or industry code Exceptions and/or limitations Food Manufacturing ........................................................................ 312 Beverage and Tobacco Product Manufacturing ............................. 313 Textile Mills ..................................................................................... 314 Textile Product Mills ........................................................................ 315 pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 311 Apparel Manufacturing .................................................................... 316 321 322 323 Leather and Allied Product Manufacturing. Wood Product Manufacturing. Paper Manufacturing. Printing and Related Support Activities .......................................... 324 325 Petroleum and Coal Products Manufacturing. Chemical Manufacturing ................................................................. VerDate Mar<15>2010 14:53 Jul 17, 2013 Jkt 229001 PO 00000 Frm 00026 Fmt 4702 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 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 311352—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 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); Except 311811—Retail Bakeries (previously classified under SIC 5461, Retail Bakeries); Except 312112—Exception is limited to facilities primarily engaged in bottling mineral or spring water (previously classified under SIC 5149, Groceries and Related Products, NEC); Except 312230—Exception is limited to facilities primarily engaged in providing Tobacco Sheeting Services (previously classified under SIC 7389, Business Services, NEC); Except 313310—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 converting narrow woven Textiles and narrow woven piece goods, (previously classified under SIC 5131, Piece Good Notions, and Other Dry Goods, converters, except broadwoven fabric); 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 314120—Exception is limited to facilities primarily engaged in making Custom drapery and 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); Except 315220—Exception is limited to custom tailors primarily engaged in making and selling men’s and boys’ suits, men’s and boys’ dress shirts, and bridal dresses or gowns or women’s, misses’ and girls’ dresses, cut and sewn from purchased fabric (previously classified under SIC 5699, Miscellaneous Apparel and Accessory Stores (custom tailors)) and 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); Except 323111—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)); 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)); Sfmt 4702 E:\FR\FM\18JYP1.SGM 18JYP1 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Proposed Rules Subsector code or industry code Exceptions and/or limitations 326 Plastics and Rubber Products Manufacturing ................................ 327 Nonmetallic Mineral Product Manufacturing ................................... 331 332 333 334 Primary Metal Manufacturing. Fabricated Metal Product Manufacturing. Machinery Manufacturing. Computer and Electronic Product Manufacturing ........................... 335 Electrical Equipment, Appliance, and Component Manufacturing 336 337 Transportation Equipment Manufacturing. Furniture and Related Product Manufacturing ............................... 339 Miscellaneous Manufacturing ......................................................... All Other Miscellaneous Crop Farming ..................................... 113310 211112 Logging. Natural Gas Liquid Extraction ................................................... 212324 Kaolin and Ball Clay Mining ...................................................... 212325 Mining ........................................................................................ 212393 pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 111998 Other Chemical and Fertilizer Mineral Mining .......................... 212399 All Other Nonmetallic Mineral Mining ....................................... 488390 Other Support Activities for Water Transportation ................... VerDate Mar<15>2010 14:53 Jul 17, 2013 Jkt 229001 PO 00000 42919 Frm 00027 Fmt 4702 Except 326212—Tire Retreading, (previously classified under SIC 7534, Tire Retreading and Repair Shops (rebuilding)); Except 327110—Exception is limited to facilities primarily engaged in manufacturing and selling pottery on site (previously classified under SIC 5719, Miscellaneous Homefurnishing Stores); Except 334614—Exception is limited to facilities primarily engaged in Software Reproducing (previously classified under SIC 7372, Prepackaged Software, (reproduction of software)) and 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)); 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)); 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)); Except 339113—Exception is limited to facilities primarily engaged in manufacturing orthopedic devices to prescription in a retail environment (previously classified under SIC 5999, Miscellaneous Retail Stores, NEC); 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); 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); Limited to facilities that recover sulfur from natural gas (previously classified under SIC 2819, Industrial Inorganic chemicals, NEC (recovering sulfur from natural gas)); 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)); 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)); 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)); 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)); 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)); Sfmt 4702 E:\FR\FM\18JYP1.SGM 18JYP1 42920 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Proposed Rules Subsector code or industry code Exceptions and/or limitations 511110 511120 511130 511140 Newspaper Publishers. Periodical Publishers. Book Publishers. Directory and Mailing List Publishers ....................................... 511191 511199 512220 512230 Greeting Card Publishers. All Other Publishers. Integrated Record Production/Distribution. Music Publishers ....................................................................... 519130 tals. Internet Publishing and Broadcasting and Web Search Por- 541712 Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology). 811490 Other Personal and Household Goods Repair and Maintenance. 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)); 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)); Limited to facilities primarily engaged in Internet newspaper publishing (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. 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); Limited 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 Bituminous Coal and Lignite Surface Mining. Bituminous Coal and Underground Mining. Anthracite Mining. Gold Ore Mining. Silver Ore Mining. Lead Ore and Zinc Ore Mining. Copper Ore and Nickel Ore Mining. Other Metal Ore Mining. Hydroelectric Power Generation. 221112 Fossil Fuel Electric Power Generation ..................................... 221113 pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 212111 212112 212113 212221 212222 212231 212234 212299 221111 Nuclear Electric Power Generation .......................................... 221118 Other Electric Power Generation .............................................. 221121 Electric Bulk Power Transmission and Control ........................ 221122 Electric Power Distribution ........................................................ 221330 Steam and Air Conditioning Supply .......................................... 424690 Other Chemical and Allied Products Merchant Wholesalers. VerDate Mar<15>2010 14:53 Jul 17, 2013 Jkt 229001 PO 00000 Frm 00028 Fmt 4702 Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. Limited to facilities engaged in 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. ) Sfmt 4702 E:\FR\FM\18JYP1.SGM 18JYP1 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Proposed Rules Subsector or industry code Exceptions and/or limitations 424710 425110 Petroleum Bulk Stations and Terminals. Business to Business Electronic Markets ................................. 425120 Wholesale Trade Agents and Brokers ...................................... 562112 Hazardous Waste Collection .................................................... 562211 Hazardous Waste Treatment and Disposal .............................. 562212 Solid Waste Landfill .................................................................. 562213 Solid Waste Combustors and Incinerators ............................... 562219 Other Nonhazardous Waste Treatment and Disposal ............. 562920 Materials Recovery Facilities .................................................... Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified. Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified. Limited to facilities primarily engaged in solvent recovery services on a contract or fee basis (previously classified under SIC 7389, Business Services, NEC); Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq. Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq. Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq. Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq. Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq. 46 CFR Part 515 Address all comments concerning this proposed rule to: Karen V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573–0001, Phone: (202) 523–5725, Email: secretary@fmc.gov. [Docket No. 13–05] FOR FURTHER INFORMATION CONTACT: ADDRESSES: [FR Doc. 2013–17297 Filed 7–17–13; 8:45 am] BILLING CODE 6560–50–P FEDERAL MARITIME COMMISSION RIN 3072–AC44 Amendments to Regulations Governing Ocean Transportation Intermediary Licensing and Financial Responsibility Requirements, and General Duties Federal Maritime Commission. Advance Notice of Proposed Rulemaking; Extension of Comment Period. AGENCY: ACTION: The Federal Maritime Commission proposes to amend its rules governing the licensing, financial responsibility requirements and duties of Ocean Transportation Intermediaries. The proposed rule is intended to adapt to changing industry conditions, improve regulatory effectiveness, improve transparency, streamline processes and reduce regulatory burdens. The Commission received requests and for a 60-day extension from the National Customs Brokers and Forwarders Association of America Inc., supported by the Transportation Intermediaries Association and from the Pacific Coast Council of Customs Brokers and Freight Forwarders Association, Inc. The Commission determined to grant a 30-day extension of time. DATES: Comments on the Advanced Notice of Proposed Rulemaking, published on May 31, 2013 (78 FR 32946), are due on or before August 30, 2013. pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 SUMMARY: VerDate Mar<15>2010 14:53 Jul 17, 2013 Jkt 229001 42921 James Nussbaumer, Deputy Director, Bureau of Certification & Licensing, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573–0001, Tel.: (202) 523–5787, Email: BCLMaritime@fmc.gov. Karen V. Gregory, Secretary. [FR Doc. 2013–17192 Filed 7–17–13; 8:45 am] BILLING CODE 6730–01–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R4–ES–2012–0103; 4500030114] RIN 1018–AY71 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Northwest Atlantic Ocean Distinct Population Segment of the Loggerhead Sea Turtle (Caretta caretta) Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of comment period; announcement of public hearing; and availability of draft economic analysis. AGENCY: We, the U.S. Fish and Wildlife Service (Service or USFWS), announce the reopening of the comment SUMMARY: PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 period on the March 25, 2013, proposed rule to designate specific areas in the terrestrial environment as critical habitat for the Northwest Atlantic Ocean Distinct Population Segment (DPS) of the Loggerhead Sea Turtle (Caretta caretta) under the Endangered Species Act of 1973, as amended (Act). We also announce the availability of a draft economic analysis (DEA) of the proposed designation of critical habitat and an amended required determinations section of the proposal. We also announce that, based on a reevaluation of the applicable Habitat Conservation Plan, we are removing Unit LOGG–T–FL–04 from consideration for exclusion from critical habitat. We are reopening the comment period to allow all interested parties an opportunity to comment simultaneously on the proposed rule, the associated DEA, and the amended required determinations section. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final rule. The comment period for the proposed rule published March 25, 2013, at 78 FR 18000, is reopened. We will consider comments received or postmarked by September 16, 2013. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES section, below) must be received by 11:59 p.m. Eastern Time on the closing date. Any comments that we receive after the closing date may not be considered in the final decision on this action. Public informational sessions and public hearings: We will hold three public informational sessions and public hearings on this proposed rule. We will hold a public informational session from 5:30 p.m. to 6:30 p.m., DATES: E:\FR\FM\18JYP1.SGM 18JYP1

Agencies

[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Proposed Rules]
[Pages 42910-42921]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17297]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-OEI-2011-0979; FRL-9825-9]
RIN 2025-AA36


Community Right-to-Know; Adoption of 2012 North American Industry 
Classification System (NAICS) Codes for Toxics Release Inventory (TRI) 
Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to update the list of North American Industry 
Classification System (NAICS) codes subject to reporting under the 
Toxics Release Inventory (TRI) to reflect the Office of Management and 
Budget (OMB) 2012 NAICS revision. Facilities would be required to use 
2012 NAICS codes when reporting to TRI beginning with TRI reporting 
forms that are due on July 1, 2014, covering releases and other waste 
management quantities for the 2013 calendar year. In the ``Rules and 
Regulations'' section of today's Federal Register, we are 
simultaneously publishing the 2012 OMB NAICS revisions for TRI 
Reporting as a direct final rule without a prior proposed rule. If we 
receive no adverse comment, we will not take further action on this 
proposed rule. We will withdraw this proposed rule, and the direct 
final rule will become effective as specified in that rule. If, 
however, we do receive adverse comment in response to this proposed 
rule or in response to the direct final rule, then we will publish a 
timely withdrawal in the Federal Register informing the public that the 
direct final rule will not take effect. In that case, we would address 
all public comments in a subsequent final rule based on this proposed 
rule. We will not institute a second comment period on this action. Any 
parties interested in

[[Page 42911]]

commenting must do so at this time. For further information about 
commenting on this rule, see the ADDRESSES section of this document.

DATES: Comments must be received on or before August 19, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2011-0979, by one of the following methods:
     https://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: oei.docket@epa.gov.
     Fax: (202) 566-0715.
     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-OEI-
2011-0979. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov or email. The 
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 email comment 
directly to EPA without going through www.regulations.gov, your email 
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 https://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
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 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: 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) 566-0715; 
email: kendall.judith@epa.gov. 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, https://www.epa.gov/epaoswer/hotline/.

SUPPLEMENTARY INFORMATION:

I. Why is EPA issuing this proposed rule?

    This document proposes to take action 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) final 2012 NAICS revision (75 FR 
26856 and 76 FR 51240). We have published a direct final rule to adopt 
the OMB 2012 NAICS codes for TRI reporting purposes in the ``Rules and 
Regulations'' section of this Federal Register because we view this as 
a noncontroversial action and anticipate no adverse comment. We have 
explained our reasons for this action in the preamble to the direct 
final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. The proposed rule will be withdrawn, and the 
direct final rule will become effective as specified in that rule. If, 
however, we receive adverse comment, we will withdraw the direct final 
rule and it will not take effect. In that case, we would address all 
public comments in any subsequent final rule based on this proposed 
rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

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) or section 
6607 of the Pollution Prevention Act (PPA) to report annually to EPA 
and States or Tribes their environmental releases or other waste 
management quantities of covered chemicals. (A rule was published on 
April 19, 2012 (77 FR 23409), requiring facilities located in Indian 
country to report to the appropriate tribal government official and EPA 
instead of to the state and EPA.) Under Executive Order 13423 (January 
24, 2007), published in the Federal Register on January 26, 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 March 29, 2007, the White House Council on Environmental 
Quality (CEQ) issued Instructions for Implementing Executive Order 
13423, including annual reporting to the TRI program. Notice of 
availability of those implementing instructions was published in the 
Federal Register on June 18, 2007 (72 FR 33504).
    To determine whether your facility is affected by this action, you 
should carefully examine the applicability criteria in Part 372 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 should I consider as I prepare my comments for EPA?

A. Submitting CBI

    If you wish to claim information submitted in a comment to be CBI, 
it will be handled in accordance with procedures set forth in 40 CFR 
part 2,

[[Page 42912]]

subpart B. If you do not assert a confidentiality claim at the time of 
submission, the information may be made available to the public by EPA 
without further notice. See 40 CFR 2.203, 41 FR 36902, September 1, 
1976. Do not submit this information to EPA through www.regulations.gov 
or email. Clearly mark the specific information that you claim to be 
CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark 
the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR Part 
2.

B. Tips for Preparing Your Comments

    When submitting comments, remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

IV. 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 covered 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 
states that: ``The Administrator may prescribe such regulations as may 
be necessary to carry out this chapter.'' 42 U.S.C. 11048.
    Consistent with these authorities, on June 6, 2006, 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). On June 9, 2008 (73 FR 32466), EPA 
amended 40 CFR Part 372 to include the 2007 NAICS codes that correspond 
to the SIC codes that are currently subject to section 313 of EPCRA and 
section 6607 of the PPA. This proposed action would amend 40 CFR Part 
372 to include OMB's revised NAICS codes for 2012.
    Owners and operators of facilities that are subject to section 313 
would need to use 2012 NAICS codes when identifying their principal 
business activities beginning with TRI reporting forms that are due on 
July 1, 2014, covering releases and other waste management quantities 
at the facility for the 2013 calendar year.

V. 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 NAICS 
codes in addition to SIC codes. The list of TRI NAICS codes that 
appeared in the final rule was developed from the OMB 2002 NAICS 
revision. EPA updated the list of TRI NAICS codes in 2008 (73 FR 
32466), to incorporate changes to the TRI NAICS codes resulting from 
the OMB 2007 NAICS revision.
    The Office of Management and Budget (OMB) revises North American 
Industry Classification Codes every five years. An OMB Federal Register 
notice published on May 12, 2010 (75 FR 26856), announced updated NAICS 
codes for 2012, and a second OMB Federal Register notice published on 
Aug. 17, 2011 (76 FR 51240), finalized and further modified the NAICS 
codes for 2012.

VI. Proposed Action

A. What is the agency proposing?

    EPA would amend 40 CFR Part 372 to include 2012 NAICS codes for TRI 
reporting that accurately reflect the universe of covered facilities 
under section 313 of EPCRA and section 6607 of the PPA.

B. Would the proposal change the universe of facilities that are 
currently required to report to EPA and the States?

    Today's proposal of updating the list of NAICS codes to reflect the 
2012 OMB NAICS revision would not change the universe of facilities 
that are currently required to report to EPA and the States.

C. How would Section 313 reporting requirements change as a result of 
this proposed rule?

    TRI reporting requirements would not change as a result of this 
proposed rule. This proposed rule would simply revise the NAICS codes 
to reflect the OMB NAICS 2012 revision.

VII. Which TRI-covered NAICS codes have been modified under this 
proposed rule?

    The Office of Management and Budget (OMB) revises North American 
Industry Classification Codes every five years. An OMB Federal Register 
notice published on May 12, 2010 (75 FR 26856), announced updated NAICS 
codes for 2012, and a second OMB Federal Register notice published on 
August 17, 2011 (76 FR 51240), finalized and further modified the NAICS 
codes for 2012. All facilities that are currently required to report to 
TRI would still be required to report, and facilities that are not 
currently required to file TRI reports to the Agency would not be 
required to do so. However, due to the 2012 NAICS modifications, some 
facilities would need to modify their NAICS codes as outlined in the 
table below. This table reflects only the revised TRI NAICS reporting 
codes. A complete table of all TRI NAICS reporting codes can be found 
in the regulations at Sec.  372.23.

[[Page 42913]]



                    Revised TRI 2012 Reporting Codes
------------------------------------------------------------------------
                     2007 NAICS and                        2012 NAICS
 2007 NAICS Code    U.S. Description   2012 NAICS Code     description
------------------------------------------------------------------------
221119...........  Other Electric     221118..........  Other Electric
                    Power                                Power
                    Generation.                          Generation.
311222...........  Soybean            311224..........  Soybean and
311223...........   Processing.                          Other Oilseed
                   Other Oilseed                         Processing.
                    Processing.
311311...........  Sugarcane Mills.   311314..........  Cane Sugar
311312...........  Cane Sugar                            Manufacturing.
                    Refining.
311320...........  Chocolate and      311351..........  Chocolate and
                    Confectionery                        Confectionery
                    Manufacturing                        Manufacturing
                    from Cacao                           from Cacao
                    Beans.                               Beans.
311330...........  Confectionery      311352..........  Confectionery
                    Manufacturing                        Manufacturing
                    from Purchased                       from Purchased
                    Chocolate.                           Chocolate.
311711...........  Seafood Canning.   311710..........  Seafood Product
311712...........  Fresh and Frozen                      Preparation and
                    Seafood                              Packaging.
                    Processing.
311822...........  Flour Mixes and    311824..........  Dry Pasta,
311823...........   Dough                                Dough, and
                    Manufacturing                        Flour Mixes
                    from Purchased                       Manufacturing
                    Flour.                               from Purchased
                   Dry Pasta                             Flour.
                    Manufacturing.
312210...........  Tobacco Stemming   312230..........  Tobacco
                    and Redrying.                        Manufacturing.
312221...........  Cigarette
                    Manufacturing.
312229...........  Other Tobacco
                    Product
                    Manufacturing.
313111...........  Yarn Spinning      313110..........  Fiber, Yarn, and
                    Mills.                               Thread Mills.
313112...........  Yarn Texturizing,
                    Throwing, and
                    Twisting Mills.
313113...........  Thread Mills.
313221...........  Narrow Fabric      313220..........  Narrow Fabric
                    Mills.                               Mills and
                                                         Schiffli
                                                         Machine
                                                         Embroidery.
313222...........  Schiffli Machine
                    Embroidery.
313241...........  Weft Knit Fabric   313240..........  Knit Fabric
                    Mills.                               Mills.
313249...........  Other Knit Fabric
                    and Lace Mills.
313311...........  Broadwoven Fabric  313310..........  Textile and
                    Finishing Mills.                     Fabric
                                                         Finishing
                                                         Mills.
313312...........  Textile and
                    Fabric Finishing
                    (except
                    Broadwoven
                    Fabric) Mills.
314121...........  Curtain and        314120..........  Curtain and
                    Drapery Mills.                       Linen Mills.
314129...........  Other Household
                    Textile Product
                    Mills.
314911...........  Textile Bag        314910..........  Textile Bag and
                    Mills.                               Canvas Mills.
314912...........  Canvas and
                    Related Product
                    Mills.
314991...........  Rope, Cordage,     314994..........  Rope, Cordage,
                    and Twine Mills.                     Twine, Tire
                                                         Cord, and Tire
                                                         Fabric Mills.
314992...........  Tire Cord and
                    Tire Fabric
                    Mills.
315111...........  Sheer Hosiery      315110..........  Hosiery and Sock
                    Mills.                               Mills.
315119...........  Other Hosiery and
                    Sock Mills.
315191...........  Outerwear          315190..........  Other Apparel
                    Knitting Mills.                      Knitting Mills.
315192...........  Underwear and
                    Nightwear
                    Knitting Mills.
315211...........  Men's and Boys'    315210..........  Cut and Sew
                    Cut and Sew                          Apparel
                    Apparel                              Contractors.
                    Contractors.
315212...........  Women's, Girls',
                    and Infants' Cut
                    and Sew Apparel
                    Contractors.
315221...........  Men's and Boys'    315220..........  Men's and Boys'
                    Cut and Sew                          Cut and Sew
                    Underwear and                        Apparel
                    Nightwear                            Manufacturing.
                    Manufacturing.
315222...........  Men's and Boys'
                    Cut and Sew
                    Suit, Coat, and
                    Overcoat
                    Manufacturing.
315223...........  Men's and Boys'
                    Cut and Sew
                    Shirt (except
                    Work Shirt)
                    Manufacturing.
315224...........  Men's and Boys'
                    Cut and Sew
                    Trouser, Slack,
                    and Jean
                    Manufacturing.
315225...........  Men's and Boys'
                    Cut and Sew Work
                    Clothing
                    Manufacturing.
315228...........  Men's and Boys'
                    Cut and Sew
                    Other Outerwear
                    Manufacturing.
315231...........  Women's and        315240..........  Women's, Girls',
                    Girls' Cut and                       and Infants'
                    Sew Lingerie,                        Cut and Sew
                    Loungewear, and                      Apparel
                    Nightwear                            Manufacturing.
                    Manufacturing.
315232...........  Women's and
                    Girls' Cut and
                    Sew Blouse and
                    Shirt
                    Manufacturing.
315233...........  Women's and
                    Girls' Cut and
                    Sew Dress
                    Manufacturing.
315234...........  Women's and
                    Girls' Cut and
                    Sew Suit, Coat,
                    Tailored Jacket,
                    and Skirt
                    Manufacturing.
315239...........  Women's and
                    Girls' Cut and
                    Sew Other
                    Outerwear
                    Manufacturing.
315291...........  Infants' Cut and
                    Sew Apparel
                    Manufacturing.
315292...........  Fur and Leather    315280..........  Other Cut and
                    Apparel                              Sew Apparel
                    Manufacturing.                       Manufacturing.
315299...........  All Other Cut and
                    Sew Apparel
                    Manufacturing.
315991...........  Hat, Cap, and      315990..........  Apparel
                    Millinery                            Accessories and
                    Manufacturing.                       Other Apparel
                                                         Manufacturing.
315992...........  Glove and Mitten
                    Manufacturing.
315993...........  Men's and Boys'
                    Neckwear
                    Manufacturing.

[[Page 42914]]

 
315999...........  Other Apparel
                    Accessories and
                    Other Apparel
                    Manufacturing.
316211...........  Rubber and         316210..........  Footwear
                    Plastics                             Manufacturing.
                    Footwear
                    Manufacturing.
316212...........  House Slipper
                    Manufacturing.
316213...........  Men's Footwear
                    (except
                    Athletic).
316214...........  Manufacturing on
                    Women's Footwear
                    (except
                    Athletic).
316219...........  Manufacturing
                    Other Footwear
                    Manufacturing.
316991...........  Luggage            316998..........  All Other
                    Manufacturing.                       Leather Good
                                                         and Allied
                                                         Product
                                                         Manufacturing.
316993...........  Personal Leather
                    Good (except
                    Women's Handbag
                    and Purse)
                    Manufacturing.
316999...........  All Other Leather
                    Good and Allied
                    Product
                    Manufacturing.
322213...........  Setup Paperboard   322219..........  Other Paperboard
                    Box                                  Container
                    Manufacturing.                       Manufacturing.
322214...........  Fiber Can, Tube,
                    Drum, and
                    Similar Products
                    Manufacturing.
322215...........  Nonfolding
                    Sanitary Food
                    Container
                    Manufacturing.
322221...........  Coated and         322220..........  Paper Bag and
                    Laminated                            Coated and
                    Packaging.                           Treated Paper
                                                         Manufacturing.
322222...........  Coated and
                    Laminated Paper
                    Manufacturing.
322223...........  Coated Paper Bag
                    and Pouch
                    Manufacturing.
322224...........  Uncoated Paper
                    and Multiwall
                    Bag
                    Manufacturing.
322225...........  Laminated
                    Aluminum Foil
                    Manufacturing
                    for Flexible
                    Packaging Uses.
322226...........  Surface-Coated
                    Paperboard
                    Manufacturing.
322231...........  Die-Cut Paper and  322230..........  Stationery
                    Paperboard                           Product
                    Office Supplies                      Manufacturing.
                    Manufacturing.
322232...........  Envelope
                    Manufacturing.
322233...........  Stationery,
                    Tablet, and
                    Related Product
                    Manufacturing.
323110...........  Commercial         323111..........  Commercial
                    Lithographic                         Printing
                    Printing.                            (except Screen
                                                         and Books).
323111...........  Commercial
                    Gravure
                    Printing).
323112...........  Commercial
                    Flexographic
                    Printing.
323114...........  Quick Printing.
323115...........  Digital Printing.
323116...........  Manifold Business
                    Forms Printing.
323118...........  Blankbook,
                    Looseleaf
                    Binders, and
                    Devices
                    Manufacturing.
323119...........  Other Commercial
                    Printing.
323121...........  Tradebinding and   323120..........  Support
                    Related Work.                        Activities for
                                                         Printing.
323122...........  Prepress
                    Services.
325131...........  Inorganic Dye and  325130..........  Synthetic Dye
                    Pigment                              and Pigment
                    Manufacturing.                       Manufacturing.
325132...........  Synthetic Organic
                    Dye and Pigment
                    Manufacturing.
325181...........  Alkalies and       325180..........  Other Basic
                    Chlorine                             Inorganic
                    Manufacturing.                       Chemical
                                                         Manufacturing.
325182...........  Carbon Black
                    Manufacturing.
325188...........  All Other Basic
                    Inorganic
                    Chemical
                    Manufacturing.
325191...........  Gum and Wood       325194..........  Cyclic Crude,
                    Chemical                             Intermediate,
                    Manufacturing.                       and Gum and
                                                         Wood Chemical
                                                         Manufacturing.
325192...........  Cyclic Crude and
                    Intermediate
                    Manufacturing.
325221...........  Cellulosic         325220..........  Artificial and
                    Organic Fiber                        Synthetic
                    Manufacturing.                       Fibers and
                                                         Filaments
                                                         Manufacturing.
325222...........  Noncellulosic
                    Organic Fiber
                    Manufacturing.
326192...........  Resilient Floor    326199..........  All Other
                    Covering                             Plastics
                    Manufacturing.                       Product
                                                         Manufacturing.
327111...........  Vitreous China     327110..........  Pottery,
                    Plumbing Fixture                     Ceramics, and
                    and China and                        Plumbing
                    Earthenware                          Fixture
                    Bathroom                             Manufacturing.
                    Accessories
                    Manufacturing.
327112...........  Vitreous China,
                    Fine
                    Earthenware, and
                    Other Pottery
                    Product
                    Manufacturing.
327113...........  Porcelain
                    Electrical
                    Supply
                    Manufacturing.
327121...........  Brick and          327120..........  Clay Building
                    Structural Clay                      Material and
                    Tile                                 Refractories
                    Manufacturing.                       Manufacturing.
327122...........  Ceramic Wall and
                    Floor Tile
                    Manufacturing.
327123...........  Other Structural
                    Clay Product
                    Manufacturing.
327124...........  Clay Refractory
                    Manufacturing.
327125...........  Nonclay
                    Refractory
                    Manufacturing.
331111...........  Iron and Steel     331110..........  Iron and Steel
                    Mills.                               Mills and
                                                         Ferroalloy
                                                         Manufacturing.
331112...........  Electrometallurgi
                    cal Ferroalloy
                    Product
                    Manufacturing.
331311...........  Alumina Refining.  331313..........  Alumina Refining
                                                         and Primary
                                                         Aluminum
                                                         Production.
331312...........  Primary Aluminum
                    Production.
331316...........  Aluminum Extruded  331318..........  Other Aluminum
                    Product                              Rolling,
                    Manufacturing.                       Drawing, and
                                                         Extruding.
331319...........  Other Aluminum
                    Rolling and
                    Drawing.

[[Page 42915]]

 
331411...........  Primary Smelting   331410..........  Nonferrous Metal
                    and Refining of                      (except
                    Copper.                              Aluminum)
                                                         Smelting and
                                                         Refining.
331419...........  Primary Smelting
                    and Refining of
                    Nonferrous Metal
                    (except Copper
                    and Aluminum).
331421...........  Copper Rolling,    331420..........  Copper Rolling,
                    Drawing, and                         Drawing,
                    Extruding.                           Extruding, and
                                                         Alloying.
331422...........  Copper Wire
                    (except
                    Mechanical)
                    Drawing.
331423...........  Secondary
                    Smelting,
                    Refining, and
                    Alloying of
                    Copper.
331521...........  Aluminum Die-      331523..........  Nonferrous Metal
                    Casting                              Die-Casting
                    Foundries.                           Foundries.
331522...........  Nonferrous
                    (except
                    Aluminum) Die-
                    Casting
                    Foundries.
331525...........  Copper Foundries   331529..........  Other Nonferrous
                    (except Die-                         Metal Foundries
                    Casting).                            (except Die-
                                                         Casting).
331528...........  Other Nonferrous
                    Foundries
                    (except Die-
                    Casting).
332115...........  Crown and Closure  332119..........  Metal Crown,
                    Manufacturing.                       Closure, and
                                                         Other Metal
                                                         Stamping
                                                         (except
                                                         Automotive).
332116...........  Metal Stamping.
332211...........  Cutlery and        332215..........  Metal Kitchen
                    Flatware (except                     Cookware,
                    Precious)                            Utensil,
                    Manufacturing.                       Cutlery, and
                                                         Flatware
                                                         (except
                                                         Precious)
                                                         Manufacturing.
332214...........  Kitchen Utensil,
                    Pot, and Pan
                    Manufacturing.
332212...........  Hand and Edge      332216..........  Saw Blade and
                    Tool                                 Handtool
                    Manufacturing.                       Manufacturing.
332213...........  Saw Blade and
                    Handsaw
                    Manufacturing.
332611...........  Spring (Heavy      332613..........  Spring
                    Gauge)                               Manufacturing.
                    Manufacturing.
332612...........  Spring (Light
                    Gauge)
                    Manufacturing.
332994...........  Small Arms         332994..........  Small Arms,
                    Manufacturing.                       Ordnance, and
                                                         Ordnance
                                                         Accessories
                                                         Manufacturing.
332995...........  Other Ordnance
                    and Accessories
                    Manufacturing.
332997...........  Industrial         332999..........  All Other
                    Pattern                              Miscellaneous
                    Manufacturing.                       Fabricated
                                                         Metal Product
                                                         Manufacturing.
332998...........  Enameled Iron and  332999..........  All Other
                    Metal Sanitary                       Miscellaneous
                    Ware                                 Fabricated
                    Manufacturing.                       Metal Product
                                                         Manufacturing.
332999...........  All Other
                    Miscellaneous
                    Fabricated Metal
                    Product
                    Manufacturing.
333210...........  Sawmill and        333243..........  Sawmill,
                    Woodworking                          Woodworking,
                    Machinery                            and Paper
                    Manufacturing                        Machinery
                    pt.                                  Manufacturing.
333291...........  Paper Industry
                    Machinery
                    Manufacturing.
333220...........  Plastics and       333249..........  Other Industrial
                    Rubber Industry                      Machinery
                    Machinery                            Manufacturing.
                    Manufacturing.
333292...........  Textile Machinery
                    Manufacturing.
333298...........  All Other
                    Industrial
                    Machinery
                    Manufacturing.
333293...........  Printing           333244..........  Printing
                    Machinery and                        Machinery and
                    Equipment                            Equipment
                    Manufacturing.                       Manufacturing.
333294...........  Food Product       333241..........  Food Product
                    Machinery                            Machinery
                    Manufacturing.                       Manufacturing.
333295...........  Semiconductor      333242..........  Semiconductor
                    Machinery                            Machinery
                    Manufacturing.                       Manufacturing.
333311...........  Automatic Vending  333318..........  Other Commercial
                    Machine                              and Service
                    Manufacturing.                       Industry
                                                         Machinery
                                                         Manufacturing.
333312...........  Commercial
                    Laundry,
                    Drycleaning, and
                    Pressing Machine
                    Manufacturing.
333313...........  Office Machinery
                    Manufacturing.
333319...........  Other Commercial
                    and Service
                    Industry
                    Machinery
                    Manufacturing.
333315...........  Photographic and   333316..........  Photographic and
                    Photocopying                         Photocopying
                    Equipment                            Equipment
                    Manufacturing.                       Manufacturing.
334119...........  Other Computer
                    Peripheral
                    Equipment
                    Manufacturing.
                   digital camera
                    manufacturing.
333411...........  Air Purification   333413..........  Industrial and
                    Equipment                            Commercial Fan
                    Manufacturing.                       and Blower and
                                                         Air
                                                         Purification
                                                         Equipment
                                                         Manufacturing.
333412...........  Industrial and
                    Commercial Fan
                    and Blower
                    Manufacturing.
333512...........  Machine Tool       333517..........  Machine Tool
                    (Metal Cutting                       Manufacturing.
                    Types)
                    Manufacturing.
333513...........  Machine Tool
                    (Metal Forming
                    Types)
                    Manufacturing.
333516...........  Rolling Mill       333519..........  Rolling Mill and
                    Machinery and                        Other
                    Equipment                            Metalworking
                    Manufacturing.                       Machinery
                                                         Manufacturing.
333518...........  Other
                    Metalworking
                    Machinery
                    Manufacturing.
334113...........  Computer Terminal  334118..........  Computer
                    Manufacturing.                       Terminal and
                                                         Other Computer
                                                         Peripheral
                                                         Equipment
                                                         Manufacturing.
334119...........  Other Computer
                    Peripheral
                    Equipment
                    Manufacturing
                    except digital
                    camera
                    manufacturing.
334411...........  Electron Tube      334419..........  Other Electronic
                    Manufacturing.                       Component
                                                         Manufacturing.
334414...........  Electronic         334416..........  Capacitor,
                    Capacitor                            Resistor, Coil,
                    Manufacturing.                       Transformer,
                                                         and Other
                                                         Inductor
                                                         Manufacturing.
334415...........  Electronic
                    Resistor
                    Manufacturing.
334416...........  Electronic Coil,
                    Transformer, and
                    Other Inductor
                    Manufacturing.

[[Page 42916]]

 
334518...........  Watch, Clock, and  334519..........  Other Measuring
                    Part                                 and Controlling
                    Manufacturing.                       Device
                                                         Manufacturing.
334611...........  Software           334614..........  Software and
                    Reproducing.                         Other
                                                         Prerecorded
                                                         Compact Disc,
                                                         Tape, and
                                                         Record
                                                         Reproducing.
334612...........  Prerecorded
                    Compact Disc
                    (except
                    Software), Tape,
                    and Record
                    Reproducing.
335211...........  Electric           335210..........  Small Electrical
                    Housewares and                       Appliance
                    Household Fan                        Manufacturing.
                    Manufacturing.
335212...........  Household Vacuum
                    Cleaner
                    Manufacturing.
336311...........  Carburetor,        336310..........  Motor Vehicle
                    Piston, Piston                       Gasoline Engine
                    Ring, and Valve                      and Engine
                    Manufacturing.                       Parts
                                                         Manufacturing.
336312...........  Gasoline Engine
                    and Engine Parts
                    Manufacturing.
336321...........  Vehicular          336320..........  Motor Vehicle
                    Lighting                             Electrical and
                    Equipment                            Electronic
                    Manufacturing.                       Equipment
                                                         Manufacturing.
336322...........  Other Motor
                    Vehicle
                    Electrical and
                    Electronic
                    Equipment
                    Manufacturing.
336391...........  Motor Vehicle Air- 336390..........  Other Motor
                    Conditioning                         Vehicle Parts
                    Manufacturing.                       Manufacturing.
336399...........  All Other Motor
                    Vehicle Parts
                    Manufacturing.
337129...........  Wood Television,   321999..........  All Other
                    Radio, and                           Miscellaneous
                    Sewing Machine                       Wood Product
                    Cabinet                              Manufacturing.
                    Manufacturing.
339911...........  Jewelry (except    339910..........  Jewelry and
                    Costume)                             Silverware
                    Manufacturing.                       Manufacturing.
339912...........  Silverware and
                    Hollowware
                    Manufacturing.
339913...........  Jewelers'
                    Material and
                    Lapidary Work
                    Manufacturing.
339914...........  Costume Jewelry
                    and Novelty
                    Manufacturing.
339931...........  Doll and Stuffed   339930..........  Doll, Toy, and
                    Toy                                  Game
                    Manufacturing.                       Manufacturing.
339932...........  Game, Toy, and
                    Children's
                    Vehicle
                    Manufacturing.
339941...........  Pen and            339940..........  Office Supplies
                    Mechanical                           (except Paper)
                    Pencil                               Manufacturing.
                    Manufacturing.
339942...........  Lead Pencil and
                    Art Good
                    Manufacturing.
339943...........  Marking Device
                    Manufacturing.
339944...........  Carbon Paper and
                    Inked Ribbon
                    Manufacturing.
------------------------------------------------------------------------

VIII. What additional reporting burden is associated with this action?

    This proposed rule would add no new reporting requirements, and 
there would be no net increase in respondent burden. Facilities were 
first required to use NAICS codes when reporting their toxic chemical 
releases and other waste management activities to EPA 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 codes and 2012 NAICS codes can be found on the 
Internet at https://www.census.gov/epcd/www/naics.html.

IX. Regulatory Assessment Requirements

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).
    EPA analyzed the potential costs and benefits associated with this 
action, and determined that since this rule adds no new reporting 
requirements, there will be no net increase in respondent burden or 
other economic impacts.

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.
    However, the Office of Management and Budget (OMB) has previously 
approved the information collection requirements contained in 40 CFR 
part 372 under the provisions of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq., and has assigned OMB control number 2025-0009 (EPA ICR 
No. 1363-21) for Form R and Form A. A copy of the OMB approved 
Information Collection Requests (ICRs) may be obtained from Susan Auby, 
Collection Strategies Division; U.S. Environmental Protection Agency 
(2822T); 1200 Pennsylvania Ave. NW., Washington, DC 20460 or by calling 
(202) 566-1672. 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, section 601 of the RFA, 5 U.S.C. 601, defines ``small 
entity'' 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; or (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    This rule adds no new reporting requirements, and there will be no 
net increase in respondent burden. This

[[Page 42917]]

rule only proposes to update the NAICS codes already reported by 
respondents. 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. 
This proposed rule will not impose any requirements on small entities.
    We continue to be interested in the potential impacts of the 
proposed rule on small entities and welcome comments on issues related 
to such impacts.

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in 
expenditures of $100 million or more to State, local, and tribal 
governments, in the aggregate, or to the private sector in any one 
year. This rule adds no new reporting requirements and there will be no 
net increase in respondent burden. Thus, this rule is not subject to 
the requirements of sections 202 or 205 of UMRA.
    This rule is also not subject to the requirements of section 203 of 
UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. This EPA action 
contains no new reporting requirements.

E. Executive Order 13132, Federalism

    This action 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 only proposes to update 
the NAICS reporting codes used by TRI reporting facilities on chemical 
reporting forms. 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 action 
from State and local officials.

F. Executive Order 13175

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249), November 9, 2000, because this 
action only proposes to update the NAICS reporting codes for TRI 
reporting purposes. Thus, Executive Order 13175 does not apply to this 
rule.

G. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997), as applying 
only to those regulatory actions that concern health or safety risks, 
such that the analysis required under section 5-501 of the EO has the 
potential to influence the regulation. This action is not subject to EO 
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 action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (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, and business practices) 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 action does not involve technical standards. Therefore, EPA 
did not consider the use of any voluntary consensus standards.

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 proposed 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. This rule 
simply proposes to update the NAICS reporting codes for TRI reporting 
purposes.

List of Subjects in 40 CFR Part 372

    Environmental protection, Community right-to-know, Reporting and 
recordkeeping requirements, Toxic chemicals.

    Dated: July 9, 2013.
Bob Perciasepe,
Acting 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]

0
1. The authority citation for part 372 continues to read as follows:

    Authority:  42 U.S.C. 11023 and 11048.

0
2. Amend Sec.  372.22 by revising the introductory text for paragraph 
(b) 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, 2012, for 
reporting year 2013 and thereafter) subsector and industry codes are 
listed in Sec. Sec.  372.23(b) and 372.23(c) by virtue of the fact that 
it meets one of the following criteria:
* * * * *
0
3. Amend Sec.  372.23 by revising paragraphs (b) and (c) to read as 
follows:


Sec.  372.23  SIC and NAICS codes to which this Part applies.

* * * * *
    (b) NAICS codes that correspond to SIC codes 20 through 39

[[Page 42918]]



------------------------------------------------------------------------
    Subsector code or industry code       Exceptions and/or limitations
------------------------------------------------------------------------
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 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 311352--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 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);
                                         Except 311811--Retail Bakeries
                                          (previously classified under
                                          SIC 5461, Retail Bakeries);
312 Beverage and Tobacco Product         Except 312112--Exception is
 Manufacturing.                           limited to facilities
                                          primarily engaged in bottling
                                          mineral or spring water
                                          (previously classified under
                                          SIC 5149, Groceries and
                                          Related Products, NEC);
                                         Except 312230--Exception is
                                          limited to facilities
                                          primarily engaged in providing
                                          Tobacco Sheeting Services
                                          (previously classified under
                                          SIC 7389, Business Services,
                                          NEC);
313 Textile Mills......................  Except 313310--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 converting narrow woven
                                          Textiles and narrow woven
                                          piece goods, (previously
                                          classified under SIC 5131,
                                          Piece Good Notions, and Other
                                          Dry Goods, converters, except
                                          broadwoven fabric); 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);
314 Textile Product Mills..............  Except 314120--Exception is
                                          limited to facilities
                                          primarily engaged in making
                                          Custom drapery and 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 315220--Exception is
                                          limited to custom tailors
                                          primarily engaged in making
                                          and selling men's and boys'
                                          suits, men's and boys' dress
                                          shirts, and bridal dresses or
                                          gowns or women's, misses' and
                                          girls' dresses, cut and sewn
                                          from purchased fabric
                                          (previously classified under
                                          SIC 5699, Miscellaneous
                                          Apparel and Accessory Stores
                                          (custom tailors)) and 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 Support         Except 323111--Exception is
 Activities.                              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 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));

[[Page 42919]]

 
326 Plastics and Rubber Products         Except 326212--Tire Retreading,
 Manufacturing.                           (previously classified under
                                          SIC 7534, Tire Retreading and
                                          Repair Shops (rebuilding));
327 Nonmetallic Mineral Product          Except 327110--Exception is
 Manufacturing.                           limited to 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 Product      Except 334614--Exception is
 Manufacturing.                           limited to facilities
                                          primarily engaged in Software
                                          Reproducing (previously
                                          classified under SIC 7372,
                                          Prepackaged Software,
                                          (reproduction of software))
                                          and 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, Appliance,     Except 335312--Exception is
 and Component Manufacturing.             limited to facilities
                                          primarily engaged in armature
                                          rewinding on a factory basis
                                          (previously classified under
                                          SIC 7694 (Armature Rewinding
                                          Shops (remanufacturing));
336 Transportation Equipment             ...............................
 Manufacturing.
337 Furniture and Related Product        Except 337110--Exception is
 Manufacturing.                           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 Miscellaneous Manufacturing........  Except 339113--Exception is
                                          limited to facilities
                                          primarily engaged in
                                          manufacturing orthopedic
                                          devices to prescription in a
                                          retail environment (previously
                                          classified under SIC 5999,
                                          Miscellaneous Retail Stores,
                                          NEC);
                                         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 Miscellaneous Crop      Limited to facilities primarily
 Farming.                                 engaged in reducing maple sap
                                          to maple syrup (previously
                                          classified under SIC 2099,
                                          Food Preparations, NEC,
                                          Reducing Maple Sap to Maple
                                          Syrup);
113310 Logging.                          ...............................
211112 Natural Gas Liquid Extraction...  Limited to facilities that
                                          recover sulfur from natural
                                          gas (previously classified
                                          under SIC 2819, Industrial
                                          Inorganic chemicals, NEC
                                          (recovering sulfur from
                                          natural gas));
212324 Kaolin and Ball Clay Mining.....  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 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 Fertilizer     Limited to facilities operating
 Mineral Mining.                          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 All Other Nonmetallic Mineral     Limited to facilities operating
 Mining.                                  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 Other Support Activities for      Limited to facilities that are
 Water Transportation.                    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));

[[Page 42920]]

 
511110 Newspaper Publishers.             ...............................
511120 Periodical Publishers.            ...............................
511130 Book Publishers.                  ...............................
511140 Directory and Mailing List        Except facilities that are
 Publishers.                              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 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 and           Limited to facilities primarily
 Broadcasting and Web Search Portals.     engaged in Internet newspaper
                                          publishing (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 Development in the   Limited to facilities that are
 Physical, Engineering, and Life          primarily engaged in Guided
 Sciences (except Biotechnology).         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 Other Personal and Household      Limited to facilities that are
 Goods Repair and Maintenance.            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 Bituminous Coal and Lignite       ...............................
 Surface Mining.
212112 Bituminous Coal and Underground   ...............................
 Mining.
212113 Anthracite Mining.                ...............................
212221 Gold Ore Mining.                  ...............................
212222 Silver Ore Mining.                ...............................
212231 Lead Ore and Zinc Ore Mining.     ...............................
212234 Copper Ore and Nickel Ore         ...............................
 Mining.
212299 Other Metal Ore Mining.           ...............................
221111 Hydroelectric Power Generation.   Limited to facilities that
                                          combust coal and/or oil for
                                          the purpose of generating
                                          power for distribution in
                                          commerce.
221112 Fossil Fuel Electric Power        Limited to facilities that
 Generation.                              combust coal and/or oil for
                                          the purpose of generating
                                          power for distribution in
                                          commerce.
221113 Nuclear Electric Power            Limited to facilities that
 Generation.                              combust coal and/or oil for
                                          the purpose of generating
                                          power for distribution in
                                          commerce.
221118 Other Electric Power Generation.  Limited to facilities that
                                          combust coal and/or oil for
                                          the purpose of generating
                                          power for distribution in
                                          commerce.
221121 Electric Bulk Power Transmission  Limited to facilities that
 and Control.                             combust coal and/or oil for
                                          the purpose of generating
                                          power for distribution in
                                          commerce.
221122 Electric Power Distribution.....  Limited to facilities that
                                          combust coal and/or oil for
                                          the purpose of generating
                                          power for distribution in
                                          commerce.
221330 Steam and Air Conditioning        Limited to facilities engaged
 Supply.                                  in 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.

[[Page 42921]]

 
424710 Petroleum Bulk Stations and       ...............................
 Terminals.
425110 Business to Business Electronic   Limited to facilities
 Markets.                                 previously classified in SIC
                                          5169, Chemicals and Allied
                                          Products, Not Elsewhere
                                          Classified.
425120 Wholesale Trade Agents and        Limited to facilities
 Brokers.                                 previously classified in SIC
                                          5169, Chemicals and Allied
                                          Products, Not Elsewhere
                                          Classified.
562112 Hazardous Waste Collection......  Limited to facilities primarily
                                          engaged in solvent recovery
                                          services on a contract or fee
                                          basis (previously classified
                                          under SIC 7389, Business
                                          Services, NEC);
562211 Hazardous Waste Treatment and     Limited to facilities regulated
 Disposal.                                under the Resource
                                          Conservation and Recovery Act,
                                          subtitle C, 42 U.S.C. 6921 et
                                          seq.
562212 Solid Waste Landfill............  Limited to facilities regulated
                                          under the Resource
                                          Conservation and Recovery Act,
                                          subtitle C, 42 U.S.C. 6921 et
                                          seq.
562213 Solid Waste Combustors and        Limited to facilities regulated
 Incinerators.                            under the Resource
                                          Conservation and Recovery Act,
                                          subtitle C, 42 U.S.C. 6921 et
                                          seq.
562219 Other Nonhazardous Waste          Limited to facilities regulated
 Treatment and Disposal.                  under the Resource
                                          Conservation and Recovery Act,
                                          subtitle C, 42 U.S.C. 6921 et
                                          seq.
562920 Materials Recovery Facilities...  Limited to facilities regulated
                                          under the Resource
                                          Conservation and Recovery Act,
                                          subtitle C, 42 U.S.C. 6921 et
                                          seq.
------------------------------------------------------------------------


[FR Doc. 2013-17297 Filed 7-17-13; 8:45 am]
BILLING CODE 6560-50-P
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