Community Right-To-Know; Adopting 2017 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting, 39038-39044 [2017-17413]

Download as PDF 39038 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations EPA APPROVED ALABAMA REGULATIONS State citation * * Section 335–3–17–.01 ................. * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 372 [EPA–HQ–OPPT–2017–0197; FRL–9964–77] RIN 2070–AK32 Community Right-To-Know; Adopting 2017 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: EPA is updating 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) 2017 NAICS code revision. As a result of this action, facilities would be required to use 2017 NAICS codes when reporting to TRI beginning with TRI reporting forms that are due on July 1, 2018, covering releases and other waste management quantities for the 2017 calendar year. EPA is also modifying the list of exceptions and limitations associated with NAICS codes in the CFR for TRI reporting purposes by deleting the descriptive text. EPA believes that these amendments are non-controversial and does not expect to receive any adverse comments. However, in addition to this direct final rule, elsewhere in this issue of the Federal Register, EPA is issuing the same amendment as a Notice of Proposed Rulemaking that will be used in the event that adverse comment is received. If EPA receives no adverse comment, the Agency will not take further action on the proposed rule and the direct final rule will become effective as provided in this action. If EPA receives relevant sradovich on DSK3GMQ082PROD with RULES SUMMARY: 16:53 Aug 16, 2017 Jkt 241001 Explanation * * Conformity of Federal Actions to State Implementation Plans * [FR Doc. 2017–17241 Filed 8–16–17; 8:45 am] VerDate Sep<11>2014 * Transportation Conformity ........... * * EPA approval date * * Chapter No. 335–3–17 * State effective date Title/subject 5/28/2013 * 8/17/2017 [Insert citation of publication]. * adverse comment, the Agency will publish a timely withdrawal in the Federal Register informing the public that this direct final action will not take effect and directing them to the Notice of Proposed Rulemaking. EPA would then address all relevant adverse public comments in a subsequent final rule. DATES: This final rule is effective on November 15, 2017 without further notice, unless EPA receives adverse comment by September 18, 2017. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect and directing them to the Notice of Proposed Rulemaking that appears elsewhere in this issue of the Federal Register. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPPT–2007–0197, is available at https://www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202) 566–0280. Please review the visitor instructions and additional information about the docket available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: For technical information contact: Stephanie Griffin, Toxics Release Inventory Program Division, Mailcode 7410M, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (202) 564–1463; email address: griffin.stephanie@epa.gov. For general information contact: The Emergency Planning and Community Right-to-Know Information Center; telephone number: (800) 424–9346, TDD PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 * * (800) 553–7672; Web site: https:// www.epa.gov/home/epa-hotlines. SUPPLEMENTARY INFORMATION: I. Executive Summary A. Does this action apply to me? You may be potentially affected by this action if you own or operate facilities that have 10 or more full-time employees or the equivalent of 20,000 employee 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.) The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Facilities included in the following NAICS manufacturing codes (corresponding to Standard Industrial Classification (SIC) codes 20 through 39): 311*, 312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*, 111998*, 211112*, 212324*, 212325*, 212393*, 212399*, 488390*, 511110, 511120, 511130, 511140*, 511191, 511199, 512220, 512230*, 519130*, 541712*, or 811490*. (*Exceptions and/or limitations exist for these NAICS codes.) • Facilities included in the following NAICS codes (corresponding to SIC codes other than SIC codes 20 through 39): 212111, 212112, 212113 (corresponds to SIC code 12, Coal E:\FR\FM\17AUR1.SGM 17AUR1 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations Mining (except 1241)); or 212221, 212222, 212231, 212234, 212299 (corresponds to SIC code 10, Metal Mining (except 1011, 1081, and 1094)); or 221111, 221112, 221113, 221118, 221121, 221122, 221330 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce) (corresponds to SIC codes 4911, 4931, and 4939, Electric Utilities); or 424690, 425110, 425120 (limited to facilities previously classified in SIC code 5169, Chemicals and Allied Products, Not Elsewhere Classified); or 424710 (corresponds to SIC code 5171, Petroleum Bulk Terminals and Plants); or 562112 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis (previously classified under SIC code 7389, Business Services, NEC)); or 562211, 562212, 562213, 562219, 562920 (limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) (corresponds to SIC code 4953, Refuse Systems). • Federal facilities. Under Executive Order 13693 (80 FR 15871, March 25, 2015), all Federal facilities are required to comply with the provisions set forth in section 313 of EPCRA and section 6607 of the PPA. On June 10, 2015, the White House Council on Environmental Quality (CEQ) issued Instructions for Implementing Executive Order 13693, requiring federal agencies and contractors to comply with these laws regardless of NAICS code delineations (see 80 FR 34149, June 15, 2015). If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed in the FOR FURTHER INFORMATION CONTACT section. B. What is the Agency’s authority for taking this action? EPA is taking this action under sections 313(g)(1) and 328 of EPCRA, 42 U.S.C. 11023(g)(1) and 11048. In general, section 313 of EPCRA requires owners and operators of covered facilities in specified SIC codes that manufacture, process, or otherwise use listed toxic chemicals in amounts above specified threshold levels to report certain facility specific information about such chemicals, including the annual releases and other waste management quantities. 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 2012 NAICS code 2012 NAICS and U.S. description 333911 ............ Pump and Pumping Equipment Manufacturing .......... 333914 333913 ............ 335221 ............ 335222 ............ Measuring and Dispensing Pump Manufacturing ....... Household Cooking Appliance Manufacturing ............ Household Refrigerator and Home Freezer Manufacturing. Household Laundry Equipment Manufacturing ........... Other Major Household Appliance Manufacturing ...... Integrated Record Production/Distribution .................. ″ 335220 ″ 335224 ............ 335228 ............ 512220 ............ 2017 NAICS code ″ ″ 512250 sradovich on DSK3GMQ082PROD with RULES 541712 ............ Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology). 541713 ″ ....................... ″ ................................................................................... 541715 VerDate Sep<11>2014 16:53 Aug 16, 2017 Jkt 241001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 39039 general terms, the types of information that must be submitted on the form. Congress also granted EPA broad rulemaking authority to allow the Agency to fully implement the statute. EPCRA section 328 states that: ‘‘The Administrator may prescribe such regulations as may be necessary to carry out this chapter.’’ 42 U.S.C. 11048. C. What action is the Agency taking? In response to OMB’s revisions to the NAICS codes effective January 1, 2017, EPA is amending 40 CFR part 372 to include 2017 NAICS codes for TRI reporting. EPA is also modifying the list of exceptions and limitations of NAICS codes for TRI reporting purposes in the CFR. Under this action, TRI reporting requirements remain unchanged. However, due to the 2017 NAICS modifications, some facilities will need to modify their reported NAICS codes as outlined in the table below, which identifies only the revised TRI NAICS reporting codes and is not an exhaustive list of all NAICS reporting codes subject to EPCRA section 313 and PPA section 6607. A complete listing of all TRI covered facilities can be found in the regulations at 40 CFR 372.23. 2017 NAICS and U.S. description Measuring, Dispensing, and Other Pumping Equipment Manufacturing. ″ Major Household Appliance Manufacturing. ″ ″ ″ Record Production and Distribution. This merges both TRI-covered and non-TRI-covered NAICS codes. Only 512220 (Integrated Record Production/Distribution) was covered by TRI. TRI will note that only the ‘‘Integrated Record Production/Distribution’’ facilities under NAICS code 512250 are required to report. Research and Development in Nanotechnology. This merges both TRI-covered and non-TRI-covered NAICS codes. Only 541712 (Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology)) was covered by TRI. TRI will note that only the ‘‘Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology)’’ facilities under NAICS code 541713 are required to report. TRI does not include all facilities classified under NAICS code 541712, and the same limitations will be extended to NAICS code 541713. Research and Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and Biotechnology). TRI does not include all facilities classified under NAICS code 541712, and the same limitations will be extended to NAICS code 541715. TRI will specify which facilities under NAICS code 541715 are required to report. E:\FR\FM\17AUR1.SGM 17AUR1 39040 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 2012 NAICS code 2012 NAICS and U.S. description 2017 NAICS code 212231 ............ 212234 ............ Lead Ore and Zinc Ore Mining ................................... Copper Ore and Nickel Ore Mining ............................. * 212230 ″ 2017 NAICS and U.S. description Copper, Nickel, Lead, and Zinc Mining. ″ sradovich on DSK3GMQ082PROD with RULES * A conforming update is also being made to 40 CFR 372.38(h). Crosswalk tables between all 2012 NAICS codes and 2017 NAICS codes can be found on the Internet at https:// www.census.gov/epcd/www/naics.html. EPA is also modifying the list of exceptions and limitations of NAICS codes for TRI reporting purposes in the CFR. Because NAICS codes may crossreference some SIC codes in both TRIcovered and non-covered TRI sectors, EPA has historically included descriptive text in 40 CFR part 372 to help indicate exceptions and limitations to TRI coverage for a specific NAICS code in line with the previous SIC code descriptors. However, NAICS codes are updated every five years, and these updates may require EPA to revise this text describing an exception or limitation to the scope of a particular NAICS code. Consequently, this descriptive text does not always align fully with SIC codes’ full descriptions. For example, historically, 40 CFR part 372 would list NAICS code 323211 with the following exception: ‘‘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))’’. This action simplifies the listing to display only the SIC code and title rather than include the description: ‘‘Exception is limited to facilities previously classified under SIC 7334, Photocopying and Duplicating Services’’. Moving forward, in 40 CFR part 372, EPA will not include descriptive text for SIC codes when listing the limitations and exceptions applicable to TRIcovered NAICS codes. Instead, the Agency will simply list the SIC codes, including their titles, as applicable limitations and exceptions. Because exceptions and limitations are included in 40 CFR part 372.23(b) & (c) to align the listing of NAICS codes with the list of SIC codes covered by TRI reporting requirements as shown in 40 CFR part 372.23(a), the SIC codes rather than the descriptive text defines the types of facilities covered by TRI. By removing the descriptive text from the exceptions and limitations listed in these two paragraphs, this action mitigates potential confusion caused by VerDate Sep<11>2014 16:53 Aug 16, 2017 Jkt 241001 qualitative descriptions of SIC codes and does not alter the universe of the facilities affected by TRI reporting requirements. Facilities with questions regarding the SIC code descriptions should refer to the SIC manual, available at: https://www.osha.gov/pls/ imis/sicsearch.html. D. Why is EPA taking this action? On April 9, 1997, OMB published a Federal Register Notice of final decision (62 FR 17288) to adopt the NAICS economic classification system, replacing the SIC system which had traditionally been used by the Federal Government for collecting and organizing industry-related statistics. Consistent with EPCRA, 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). OMB revises the NAICS codes every five years. Therefore, 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, and again on July 18, 2013 (78 FR 42875), to include the 2012 NAICS codes. In the Federal Register on August 4, 2015 (80 FR 46480), OMB announced updated NAICS codes for 2017, and on August 8, 2016 (81 FR 52584), finalized and further modified the NAICS codes for 2017. This direct final action will amend 40 CFR part 372 to include OMB’s revised NAICS codes for 2017. E. How is EPA taking this action? Given the nature of this action, EPA is therefore taking this action by publishing this direct final rule and a Notice of Proposed Rulemaking elsewhere in this issue of the Federal Register. 1. Direct final rule. Although EPA believes that this action is noncontroversial and is not expected to result in any adverse comments, a direct final rule provides an opportunity for adverse comment. If EPA receives no adverse comment, the Agency will not take further action on the proposed rule and the direct final rule will become effective as provided in this action. However, if EPA receives relevant PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 adverse comment, the Agency will publish a timely withdrawal in the Federal Register informing the public that this direct final action will not take effect and directing them to the proposed rule that appears elsewhere in this issue of the Federal Register. EPA would then address all adverse public comments in the context of issuing a subsequent final rule. 2. Proposed rule. In addition to this direct final rule, the same amendments are presented in a proposed rule that appears elsewhere in this issue of the Federal Register. As indicated previously, the proposed rule will be used in the event that relevant adverse comment is received on the amendment within this direct final rule. F. What are the incremental impacts of this action? EPA analyzed the potential costs and benefits associated with this action, and determined that since this action will not add or remove any reporting requirements, there is no net increase in respondent burden or other economic impacts to consider. G. How do I submit a comment on this action? Submit your relevant adverse comments, identified by docket identification (ID) number EPA–HQ– OPPT–2007–0197, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. • Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at https:// www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https:// www.epa.gov/dockets. E:\FR\FM\17AUR1.SGM 17AUR1 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations II. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011). B. Paperwork Reduction Act (PRA) 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. In addition, OMB has previously approved the information collection requirements contained in 40 CFR part 372 under the provisions of the PRA, 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. The OMB control numbers for EPA’s regulations in 40 CFR are listed in 40 CFR part 9. sradovich on DSK3GMQ082PROD with RULES C. Regulatory Flexibility Act (RFA) EPA certifies that this action will not have a significant economic impact on a substantial number of small entities under the RFA, 5 U.S.C. 601 et seq. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. This direct final rule adds no new reporting requirements, and there would be no net increase in respondent burden. This rule would only update the NAICS codes already reported by respondents. This final rule will not impose any requirements on small entities. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531–1538, and does VerDate Sep<11>2014 16:53 Aug 16, 2017 Jkt 241001 not significantly or uniquely affect small governments. The action would impose no enforceable duty on any state, local or tribal governments or the private sector. E. Executive Order 13132: Federalism This action does not have federalism implications, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). This final rule will not impose substantial direct compliance costs on Indian tribal governments. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it is not economically significant as defined in Executive Order 12866, and because EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not a ‘‘significant energy action’’ as defined in Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not likely to have a significant adverse effect on the supply, distribution or use of energy. I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards that would require Agency consideration under NTTAA section 12(d), 15 U.S.C. 272 note. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations. EPA has determined that the human health or environmental risk addressed PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 39041 by this action would not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). K. Congressional Review Act (CRA) This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 372 Environmental protection, Community right-to-know, Reporting and recordkeeping requirements, Toxic chemicals. Dated: August 7, 2017, Wendy Cleland-Hamnett, Acting Assistant Administrator, Office of Chemical Safety and Pollution Prevention. Therefore, 40 CFR chapter I is 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, 2017, for reporting year 2018 and thereafter) subsector and industry codes are listed in § 372.23(b) and (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\17AUR1.SGM 17AUR1 39042 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations Subsector code or industry code Exceptions and/or limitations 311—Food Manufacturing .............. Except 311119—Exception is limited to facilities previously classified under SIC 0723, Crop Preparation Services for Market, Except Cotton Ginning; Except 311340—Exception is limited to facilities previously classified under SIC 5441, Candy, Nut, and Confectionery Stores; Except 311352—Exception is limited to facilities previously classified under SIC 5441, Candy, Nut, and Confectionery Stores; Except 311611—Exception is limited to facilities previously classified under SIC 0751, Livestock Services, Except Veterinary; Except 311612—Exception is limited to facilities previously classified under SIC 5147, Meats and Meat Products; Except 311811— Exception is limited to facilities previously classified under SIC 5461, Retail Bakeries; Except 312112—Exception is limited to facilities previously classified under SIC 5149, Groceries and Related Products, Not Elsewhere Classified; Except 312230—Exception is limited to facilities previously classified under SIC 7389, Business Services, Not Elsewhere Classified, except facilities primarily engaged in solvent recovery services on a contract or fee basis; Except 313310—Exception is limited to facilities previously classified under SIC 5131, Piece Goods, Notions, and Other Dry Good; and facilities previously classified under SIC 7389, Business Services, Not Elsewhere Classified, except facilities primarily engaged in solvent recovery services on a contract or fee basis; Except 314120—Exception is limited to facilities previously classified under SIC 5714, Drapery, Curtain, and Upholstery Stores; Except 314999—Exception is limited to facilities previously classified under SIC 7389, Business Services, Not Elsewhere Classified, except facilities primarily engaged in solvent recovery services on a contract or fee basis; Except 315220—Exception is limited to facilities previously classified under SIC 5699, Miscellaneous Apparel and Accessory Stores; 312—Beverage and Tobacco Product Manufacturing. 313—Textile Mills ............................ 314—Textile Product Mills .............. 315—Apparel Manufacturing .......... 316—Leather and Allied Product Manufacturing. 321—Wood Product Manufacturing 322—Paper Manufacturing ............. 323—Printing and Related Support Activities. 324—Petroleum and Coal Products Manufacturing. 325—Chemical Manufacturing ........ 326—Plastics and Rubber Products Manufacturing. 327—Nonmetallic Mineral Product Manufacturing. 331—Primary Metal Manufacturing 332—Fabricated Metal Product Manufacturing. 333—Machinery Manufacturing ...... 334—Computer and Electronic Product Manufacturing. 335—Electrical Equipment, Appliance, and Component Manufacturing. 336—Transportation Equipment Manufacturing. 337—Furniture and Related Product Manufacturing. sradovich on DSK3GMQ082PROD with RULES 339—Miscellaneous Manufacturing 111998—All Other Miscellaneous Crop Farming. 113310—Logging ............................ 211112—Natural Gas Liquid Extraction. 212324—Kaolin and Ball Clay Mining. 212325—Mining .............................. 212393—Other Chemical and Fertilizer Mineral Mining. VerDate Sep<11>2014 16:53 Aug 16, 2017 Except 323111—Exception is limited to facilities previously classified under SIC 7334, Photocopying and Duplicating Services; Except 325998—Exception is limited to facilities previously classified under SIC 7389, Business Services, Not Elsewhere Classified; Except 326212—Exception is limited to facilities previously classified under SIC 7534, Tire Retreading and Repair Shops; Except 327110—Exception is limited to facilities previously classified under SIC 5719, Miscellaneous home furnishing Stores; Except 334614—Exception is limited to facilities previously classified under SIC 7372, Prepackaged Software; and to facilities previously classified under SIC 7819, Services Allied to Motion Picture Production; Except 335312—Exception is limited to facilities previously classified under SIC 7694, Armature Rewinding Shops; Except 337110—Exception is limited to facilities previously classified under SIC 5712, Furniture Stores; Except 337121—Exception is limited to Except 337122—Exception is limited to Except 339113—Exception is limited to Stores, Not Elsewhere Classified; Except 339115—Exception is limited to Goods Stores; Except 339116—Exception is limited to Limited to facilities previously classified facilities previously classified under SIC 5712, Furniture Stores; facilities previously classified under SIC 5712, Furniture Stores; facilities previously classified under SIC 5999, Miscellaneous Retail lens grinding facilities previously classified under SIC 5995, Optical facilities previously classified under SIC 8072, Dental Laboratories; under SIC 2099, Food Preparations, Not Elsewhere Classified; Limited to facilities that recover sulfur from natural gas Inorganic Chemicals, Not Elsewhere Classified; Limited to facilities operating without a mine or quarry and Earths, Ground or Otherwise Treated; Limited to facilities operating without a mine or quarry and Earths, Ground or Otherwise Treated; Limited to facilities operating without a mine or quarry and Earths, Ground or Otherwise Treated; Jkt 241001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 and previously classified under SIC 2819, Industrial and previously classified under SIC 3295, Minerals and previously classified under SIC 3295, Minerals and previously classified under SIC 3295, Minerals E:\FR\FM\17AUR1.SGM 17AUR1 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 39043 Subsector code or industry code Exceptions and/or limitations 212399—All Other Nonmetallic Mineral Mining. 488390—Other Support Activities for Water Transportation. 511110—Newspaper Publishers .... 511120—Periodical Publishers ....... 511130—Book Publishers .............. 511140—Directory and Mailing List Publishers. 511191—Greeting Card Publishers 511199—All Other Publishers ........ 512230—Music Publishers ............. 512250—Record Production and Distribution. 519130—Internet Publishing and Broadcasting and Web Search Portals. Limited to facilities operating without a mine or quarry and previously classified under SIC 3295, Minerals and Earths, Ground or Otherwise Treated; Limited to facilities previously classified under SIC 3731, Shipbuilding and Repairing; 541713—Research and Development in Nanotechnology. 541715—Research and Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and Biotechnology). 811490—Other Personal and Household Goods Repair and Maintenance. Except facilities previously classified under SIC 7331, Direct Mail Advertising Services; Except facilities previously classified under SIC 8999, Services, Not Elsewhere Classified; Limited to facilities previously classified under SIC 3652, Phonograph Records and Prerecorded Audio Tapes and Disks; Limited to Internet publishing facilities previously classified under SIC 2711, Newspapers: Publishing, or Publishing and Printing; facilities previously classified under SIC 2721, Periodicals: Publishing, or Publishing and Printing; facilities previously classified under SIC 2731, Books: Publishing, or Publishing and Printing; facilities previously classified under SIC 2741, Miscellaneous Publishing; facilities previously classified under SIC 2771, Greeting Cards; Except for facilities primarily engaged in web search portals; Limited to facilities previously classified under SIC 3764, Guided Missile and Space Vehicle Propulsion Units and Propulsion Unit Parts; and facilities previously classified under SIC 3769, Guided Missile and Space Vehicle Parts and Auxiliary Equipment, Not Elsewhere Classified; Limited to facilities previously classified under SIC 3764, Guided Missile and Space Vehicle Propulsion Units and Propulsion Unit Parts; and facilities previously classified under SIC 3769, Guided Missile and Space Vehicle Parts and Auxiliary Equipment, Not Elsewhere Classified; Limited to facilities previously classified under SIC 3732, Boat Building and Repairing. (c) NAICS codes that correspond to SIC codes other than SIC codes 20 through 39. Subsector or industry code Exceptions and/or limitations sradovich on DSK3GMQ082PROD with RULES 212111—Bituminous Coal and Lignite Surface Mining. 212112—Bituminous Coal and Underground Mining. 212113—Anthracite Mining ............. 212221—Gold Ore Mining .............. 212222—Silver Ore Mining ............. 212230—Copper, Nickel, Lead, and Zinc Mining. 212299—Other Metal Ore Mining ... 221111—Hydroelectric Power Generation. 221112—Fossil Fuel Electric Power Generation. 221113—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. 424710—Petroleum Bulk Stations and Terminals. 425110—Business to Business Electronic Markets. 425120—Wholesale Trade Agents and Brokers. 562112—Hazardous Waste Collection. VerDate Sep<11>2014 16:53 Aug 16, 2017 Limited to merce. Limited to merce. Limited to merce. Limited to merce. Limited to merce. Limited to merce. Limited to sified. facilities that combust coal and/or oil for the purpose of generating power for distribution in comfacilities that combust coal and/or oil for the purpose of generating power for distribution in comfacilities that combust coal and/or oil for the purpose of generating power for distribution in comfacilities that combust coal and/or oil for the purpose of generating power for distribution in comfacilities that combust coal and/or oil for the purpose of generating power for distribution in comfacilities that combust coal and/or oil for the purpose of generating power for distribution in comfacilities previously classified under SIC 4939, Combination Utility Services, Not Elsewhere Clas- 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 and previously classified under SIC 7389, Business Services, Not Elsewhere Classified; Jkt 241001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\17AUR1.SGM 17AUR1 39044 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations Subsector or industry code Exceptions and/or limitations 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 6921 Limited 6921 Limited 6921 Limited 6921 Limited 6921 to facilities et seq. to facilities et seq. to facilities et seq. to facilities et seq. to facilities et seq. Exemptions. * * * * * (h) Metal mining overburden. If a toxic chemical that is a constituent of overburden is processed or otherwise used by facilities in SIC code 10, or in NAICS codes 212221, 212222, 212230 or 212299, a person is not required to consider the quantity of the toxic chemical so processed, or otherwise used when determining whether an applicable threshold has been met under § 372.25, § 372.27, or § 372.28, or determining the amounts to be reported under § 372.30. [FR Doc. 2017–17413 Filed 8–16–17; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 216 [Docket No. 170303228–7752–02] RIN 0648–BG71 Subsistence Taking of Northern Fur Seals on the Pribilof Islands; Final Annual Subsistence Harvest Levels for 2017–2019 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; Final annual fur seal subsistence harvest levels. AGENCY: Pursuant to the regulations governing the subsistence taking of North Pacific fur seals (Callorhinus ursinus) (northern fur seals), NMFS is publishing the expected harvest levels from 2017–2019 on St. George and St. Paul Islands, Alaska (the Pribilof Islands) to satisfy subsistence requirements of the Alaska Natives residing on the Pribilof Islands (Pribilovians). NMFS is establishing the 2017–2019 harvest levels at 1,645 to sradovich on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:53 Aug 16, 2017 Jkt 241001 regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 2,000 fur seals for St. Paul Island and 300 to 500 fur seals for St. George Island. 4. Amend § 372.38 by revising paragraph (h) to read as follows: ■ § 372.38 regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. background information related to these estimates. DATES: Summary of Changes From Proposed Annual Harvest Estimates FOR FURTHER INFORMATION CONTACT: NMFS did not make any changes from the proposed notice of annual harvest levels. The harvest levels for each island remain the same and therefore the annual harvest levels remain 1,645 to 2,000 fur seals for St. Paul Island and 300 to 500 fur seals for St. George Island. Effective September 18, 2017. ADDRESSES: Two Final Environmental Impact Statements (EISs), one Draft EIS, annual subsistence harvest reports, and other references are available on the Internet at the following address: https://alaskafisheries.noaa.gov/pr/furseal. Michael Williams, NMFS Alaska Region, 907–271–5117, michael.williams@noaa.gov. SUPPLEMENTARY INFORMATION: Background The Eastern Pacific stock of northern fur seals (fur seals) is considered depleted under the Marine Mammal Protection Act (MMPA), 16 U.S.C. 1361, et seq. The subsistence harvest from this stock on the Pribilof Islands is governed by regulations found in 50 CFR part 216, subpart F, published under the authority of the Fur Seal Act (FSA), 16 U.S.C. 1151, et seq. Pursuant to 50 CFR 216.72(b), every three years NMFS must publish in the Federal Register a summary of the Pribilovians’ fur seal harvest for the previous three-year period. NMFS is also required to include an estimate of the number of fur seals expected to satisfy the subsistence requirements of Pribilovians in the subsequent three-year period. After a 30-day comment period, NMFS must publish a final notification of the expected annual harvest levels for the next three years. On May 18, 2017 (82 FR 22797), NMFS published the summary of the 2014–2016 fur seal harvests and provided a 30-day comment period on the estimates of the number of fur seals expected to be taken annually to satisfy the subsistence requirements of the Pribilovians of each island for 2017– 2019. In that notice, NMFS estimated the annual subsistence needs for 2017– 2019 would be 1,645 to 2,000 fur seals for St. Paul Island and 300 to 500 fur seals for St. George Island and provided PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 Comments and Response NMFS received nine distinct comments from four parties on the notice of the 2017–2019 proposed annual harvest estimates (82 FR 22797; May 18, 2017). A summary of the comments received and NMFS’s responses follows. Comment 1: In an effort to stabilize the ecosystems, only indigenous people should be allowed to take part in these kills and every effort should be made to establish a line of communication with indigenous leaders regarding concerns of human influence and its effects on the ecosystem. Removing fur seals could result in an increase in lower trophic levels and a decrease in higher trophic levels. Response 1: Pursuant to the Fur Seal Act, 16 U.S.C. 1152, ‘‘it is unlawful, except as provided in the chapter or by regulation of the Secretary, for any person or vessel subject to the jurisdiction of the United States to engage in the taking of fur seals in the North Pacific Ocean or on lands or waters under the jurisdiction of the United States . . .’’ Regulations issued under the authority of the Fur Seal Act authorize Pribilovians to take fur seals on the Pribilof Islands if such taking is for subsistence uses and not accomplished in a wasteful manner (50 CFR 216.71). NMFS works in partnership with the Pribilovians under co-management agreements pursuant to the Marine Mammal Protection Act to discuss human influences on the ecosystem and issues of concern for the northern fur seal population on the E:\FR\FM\17AUR1.SGM 17AUR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Rules and Regulations]
[Pages 39038-39044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17413]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-OPPT-2017-0197; FRL-9964-77]
RIN 2070-AK32

Community Right-To-Know; Adopting 2017 North American Industry
Classification System (NAICS) Codes for Toxics Release Inventory (TRI)
Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is updating 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) 2017 NAICS code revision. As a result of this action,
facilities would be required to use 2017 NAICS codes when reporting to
TRI beginning with TRI reporting forms that are due on July 1, 2018,
covering releases and other waste management quantities for the 2017
calendar year. EPA is also modifying the list of exceptions and
limitations associated with NAICS codes in the CFR for TRI reporting
purposes by deleting the descriptive text. EPA believes that these
amendments are non-controversial and does not expect to receive any
adverse comments. However, in addition to this direct final rule,
elsewhere in this issue of the Federal Register, EPA is issuing the
same amendment as a Notice of Proposed Rulemaking that will be used in
the event that adverse comment is received. If EPA receives no adverse
comment, the Agency will not take further action on the proposed rule
and the direct final rule will become effective as provided in this
action. If EPA receives relevant adverse comment, the Agency will
publish a timely withdrawal in the Federal Register informing the
public that this direct final action will not take effect and directing
them to the Notice of Proposed Rulemaking. EPA would then address all
relevant adverse public comments in a subsequent final rule.

DATES: This final rule is effective on November 15, 2017 without
further notice, unless EPA receives adverse comment by September 18,
2017. If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect and directing them to the Notice of Proposed
Rulemaking that appears elsewhere in this issue of the Federal
Register.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2007-0197, is available at
https://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
For technical information contact: Stephanie Griffin, Toxics
Release Inventory Program Division, Mailcode 7410M, Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-1463; email address: griffin.stephanie@epa.gov.
For general information contact: The Emergency Planning and
Community Right-to-Know Information Center; telephone number: (800)
424-9346, TDD (800) 553-7672; Web site: https://www.epa.gov/home/epa-hotlines.

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

You may be potentially affected by this action if you own or
operate facilities that have 10 or more full-time employees or the
equivalent of 20,000 employee 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.)
The following list of North American Industrial Classification
System (NAICS) codes is not intended to be exhaustive, but rather
provides a guide to help readers determine whether this document
applies to them. Potentially affected entities may include:
Facilities included in the following NAICS manufacturing
codes (corresponding to Standard Industrial Classification (SIC) codes
20 through 39): 311*, 312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324,
325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*, 111998*,
211112*, 212324*, 212325*, 212393*, 212399*, 488390*, 511110, 511120,
511130, 511140*, 511191, 511199, 512220, 512230*, 519130*, 541712*, or
811490*. (*Exceptions and/or limitations exist for these NAICS codes.)
Facilities included in the following NAICS codes
(corresponding to SIC codes other than SIC codes 20 through 39):
212111, 212112, 212113 (corresponds to SIC code 12, Coal

[[Page 39039]]

Mining (except 1241)); or 212221, 212222, 212231, 212234, 212299
(corresponds to SIC code 10, Metal Mining (except 1011, 1081, and
1094)); or 221111, 221112, 221113, 221118, 221121, 221122, 221330
(limited to facilities that combust coal and/or oil for the purpose of
generating power for distribution in commerce) (corresponds to SIC
codes 4911, 4931, and 4939, Electric Utilities); or 424690, 425110,
425120 (limited to facilities previously classified in SIC code 5169,
Chemicals and Allied Products, Not Elsewhere Classified); or 424710
(corresponds to SIC code 5171, Petroleum Bulk Terminals and Plants); or
562112 (limited to facilities primarily engaged in solvent recovery
services on a contract or fee basis (previously classified under SIC
code 7389, Business Services, NEC)); or 562211, 562212, 562213, 562219,
562920 (limited to facilities regulated under the Resource Conservation
and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) (corresponds to
SIC code 4953, Refuse Systems).
Federal facilities. Under Executive Order 13693 (80 FR
15871, March 25, 2015), all Federal facilities are required to comply
with the provisions set forth in section 313 of EPCRA and section 6607
of the PPA. On June 10, 2015, the White House Council on Environmental
Quality (CEQ) issued Instructions for Implementing Executive Order
13693, requiring federal agencies and contractors to comply with these
laws regardless of NAICS code delineations (see 80 FR 34149, June 15,
2015).
If you have any questions regarding the applicability of this
action to a particular entity, consult the technical person listed in
the FOR FURTHER INFORMATION CONTACT section.

B. What is the Agency's authority for taking this action?

EPA is taking this action under sections 313(g)(1) and 328 of
EPCRA, 42 U.S.C. 11023(g)(1) and 11048. In general, section 313 of
EPCRA requires owners and operators of covered facilities in specified
SIC codes that manufacture, process, or otherwise use listed toxic
chemicals in amounts above specified threshold levels to report certain
facility specific information about such chemicals, including the
annual releases and other waste management quantities. 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. 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.

C. What action is the Agency taking?

In response to OMB's revisions to the NAICS codes effective January
1, 2017, EPA is amending 40 CFR part 372 to include 2017 NAICS codes
for TRI reporting. EPA is also modifying the list of exceptions and
limitations of NAICS codes for TRI reporting purposes in the CFR.
Under this action, TRI reporting requirements remain unchanged.
However, due to the 2017 NAICS modifications, some facilities will need
to modify their reported NAICS codes as outlined in the table below,
which identifies only the revised TRI NAICS reporting codes and is not
an exhaustive list of all NAICS reporting codes subject to EPCRA
section 313 and PPA section 6607. A complete listing of all TRI covered
facilities can be found in the regulations at 40 CFR 372.23.

----------------------------------------------------------------------------------------------------------------
2017 NAICS
2012 NAICS code 2012 NAICS and U.S. description code 2017 NAICS and U.S. description
----------------------------------------------------------------------------------------------------------------
333911........................ Pump and Pumping Equipment 333914 Measuring, Dispensing, and
Manufacturing. Other Pumping Equipment
Manufacturing.
333913........................ Measuring and Dispensing Pump '' ''
Manufacturing.
335221........................ Household Cooking Appliance 335220 Major Household Appliance
Manufacturing. Manufacturing.
335222........................ Household Refrigerator and Home '' ''
Freezer Manufacturing.
335224........................ Household Laundry Equipment '' ''
Manufacturing.
335228........................ Other Major Household Appliance '' ''
Manufacturing.
512220........................ Integrated Record Production/ 512250 Record Production and
Distribution. Distribution.
This merges both TRI-covered
and non-TRI-covered NAICS
codes. Only 512220 (Integrated
Record Production/
Distribution) was covered by
TRI. TRI will note that only
the ``Integrated Record
Production/Distribution''
facilities under NAICS code
512250 are required to report.
541712........................ Research and Development in the 541713 Research and Development in
Physical, Engineering, and Nanotechnology.
Life Sciences (except This merges both TRI-covered
Biotechnology). and non-TRI-covered NAICS
codes. Only 541712 (Research
and Development in the
Physical, Engineering, and
Life Sciences (except
Biotechnology)) was covered by
TRI. TRI will note that only
the ``Research and Development
in the Physical, Engineering,
and Life Sciences (except
Biotechnology)'' facilities
under NAICS code 541713 are
required to report. TRI does
not include all facilities
classified under NAICS code
541712, and the same
limitations will be extended
to NAICS code 541713.
''............................ ''............................. 541715 Research and Development in the
Physical, Engineering, and
Life Sciences (except
Nanotechnology and
Biotechnology).
TRI does not include all
facilities classified under
NAICS code 541712, and the
same limitations will be
extended to NAICS code 541715.
TRI will specify which
facilities under NAICS code
541715 are required to report.

[[Page 39040]]

212231........................ Lead Ore and Zinc Ore Mining... * 212230 Copper, Nickel, Lead, and Zinc
Mining.
212234........................ Copper Ore and Nickel Ore '' ''
Mining.
----------------------------------------------------------------------------------------------------------------
* A conforming update is also being made to 40 CFR 372.38(h).

Crosswalk tables between all 2012 NAICS codes and 2017 NAICS codes
can be found on the Internet at https://www.census.gov/epcd/www/naics.html.
EPA is also modifying the list of exceptions and limitations of
NAICS codes for TRI reporting purposes in the CFR. Because NAICS codes
may cross-reference some SIC codes in both TRI-covered and non-covered
TRI sectors, EPA has historically included descriptive text in 40 CFR
part 372 to help indicate exceptions and limitations to TRI coverage
for a specific NAICS code in line with the previous SIC code
descriptors. However, NAICS codes are updated every five years, and
these updates may require EPA to revise this text describing an
exception or limitation to the scope of a particular NAICS code.
Consequently, this descriptive text does not always align fully with
SIC codes' full descriptions.
For example, historically, 40 CFR part 372 would list NAICS code
323211 with the following exception: ``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))''. This action simplifies
the listing to display only the SIC code and title rather than include
the description: ``Exception is limited to facilities previously
classified under SIC 7334, Photocopying and Duplicating Services''.
Moving forward, in 40 CFR part 372, EPA will not include
descriptive text for SIC codes when listing the limitations and
exceptions applicable to TRI-covered NAICS codes. Instead, the Agency
will simply list the SIC codes, including their titles, as applicable
limitations and exceptions. Because exceptions and limitations are
included in 40 CFR part 372.23(b) & (c) to align the listing of NAICS
codes with the list of SIC codes covered by TRI reporting requirements
as shown in 40 CFR part 372.23(a), the SIC codes rather than the
descriptive text defines the types of facilities covered by TRI. By
removing the descriptive text from the exceptions and limitations
listed in these two paragraphs, this action mitigates potential
confusion caused by qualitative descriptions of SIC codes and does not
alter the universe of the facilities affected by TRI reporting
requirements. Facilities with questions regarding the SIC code
descriptions should refer to the SIC manual, available at: https://www.osha.gov/pls/imis/sicsearch.html.

D. Why is EPA taking this action?

On April 9, 1997, OMB published a Federal Register Notice of final
decision (62 FR 17288) to adopt the NAICS economic classification
system, replacing the SIC system which had traditionally been used by
the Federal Government for collecting and organizing industry-related
statistics. Consistent with EPCRA, 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). OMB revises the NAICS codes every five
years. Therefore, 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, and again on July 18, 2013 (78 FR 42875), to include
the 2012 NAICS codes.
In the Federal Register on August 4, 2015 (80 FR 46480), OMB
announced updated NAICS codes for 2017, and on August 8, 2016 (81 FR
52584), finalized and further modified the NAICS codes for 2017. This
direct final action will amend 40 CFR part 372 to include OMB's revised
NAICS codes for 2017.

E. How is EPA taking this action?

Given the nature of this action, EPA is therefore taking this
action by publishing this direct final rule and a Notice of Proposed
Rulemaking elsewhere in this issue of the Federal Register.
1. Direct final rule. Although EPA believes that this action is
non-controversial and is not expected to result in any adverse
comments, a direct final rule provides an opportunity for adverse
comment. If EPA receives no adverse comment, the Agency will not take
further action on the proposed rule and the direct final rule will
become effective as provided in this action. However, if EPA receives
relevant adverse comment, the Agency will publish a timely withdrawal
in the Federal Register informing the public that this direct final
action will not take effect and directing them to the proposed rule
that appears elsewhere in this issue of the Federal Register. EPA would
then address all adverse public comments in the context of issuing a
subsequent final rule.
2. Proposed rule. In addition to this direct final rule, the same
amendments are presented in a proposed rule that appears elsewhere in
this issue of the Federal Register. As indicated previously, the
proposed rule will be used in the event that relevant adverse comment
is received on the amendment within this direct final rule.

F. What are the incremental impacts of this action?

EPA analyzed the potential costs and benefits associated with this
action, and determined that since this action will not add or remove
any reporting requirements, there is no net increase in respondent
burden or other economic impacts to consider.

G. How do I submit a comment on this action?

Submit your relevant adverse comments, identified by docket
identification (ID) number EPA-HQ-OPPT-2007-0197, by one of the
following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

[[Page 39041]]

II. Statutory and Executive Order Reviews

Additional information about these statutes and Executive Orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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

This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review under Executive Orders 12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

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. In addition, OMB has
previously approved the information collection requirements contained
in 40 CFR part 372 under the provisions of the PRA, 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. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

EPA certifies that this action will not have a significant economic
impact on a substantial number of small entities under the RFA, 5
U.S.C. 601 et seq. In making this determination, the impact of concern
is any significant adverse economic impact on small entities. An agency
may certify that a rule will not have a significant economic impact on
a substantial number of small entities if the rule relieves regulatory
burden, has no net burden or otherwise has a positive economic effect
on the small entities subject to the rule. This direct final rule adds
no new reporting requirements, and there would be no net increase in
respondent burden. This rule would only update the NAICS codes already
reported by respondents. This final rule will not impose any
requirements on small entities.

D. Unfunded Mandates Reform Act (UMRA)

This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action would impose no enforceable duty on any
state, local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

This action does not have federalism implications, as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

This action does not have tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This final rule
will not impose substantial direct compliance costs on Indian tribal
governments. Thus, Executive Order 13175 does not apply to this action.

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

This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not economically significant as defined
in Executive Order 12866, and because EPA does not believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply, distribution
or use of energy.

I. National Technology Transfer and Advancement Act (NTTAA)

This rulemaking does not involve technical standards that would
require Agency consideration under NTTAA section 12(d), 15 U.S.C. 272
note.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations.

EPA has determined that the human health or environmental risk
addressed by this action would not have potential disproportionately
high and adverse human health or environmental effects on minority,
low-income or indigenous populations, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).

K. Congressional Review Act (CRA)

This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 372

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

Dated: August 7, 2017,
Wendy Cleland-Hamnett,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.

Therefore, 40 CFR chapter I is 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. [thinsp]372.22 by revising the introductory text for
paragraph (b) to read as follows:

Sec. [thinsp]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. [thinsp]372.23(a), for which the corresponding North American
Industry Classification System (NAICS) (as in effect on January 1,
2017, for reporting year 2018 and thereafter) subsector and industry
codes are listed in Sec. [thinsp]372.23(b) and (c) by virtue of the
fact that it meets one of the following criteria:
* * * * *

0
3. Amend Sec. [thinsp]372.23 by revising paragraphs (b) and (c) to
read as follows:

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

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

[[Page 39042]]

------------------------------------------------------------------------
Subsector code or industry code Exceptions and/or limitations
------------------------------------------------------------------------
311--Food Manufacturing........... Except 311119--Exception is limited
to facilities previously classified
under SIC 0723, Crop Preparation
Services for Market, Except Cotton
Ginning;
Except 311340--Exception is limited
to facilities previously classified
under SIC 5441, Candy, Nut, and
Confectionery Stores;
Except 311352--Exception is limited
to facilities previously classified
under SIC 5441, Candy, Nut, and
Confectionery Stores;
Except 311611--Exception is limited
to facilities previously classified
under SIC 0751, Livestock Services,
Except Veterinary;
Except 311612--Exception is limited
to facilities previously classified
under SIC 5147, Meats and Meat
Products;
Except 311811-- Exception is limited
to facilities previously classified
under SIC 5461, Retail Bakeries;
312--Beverage and Tobacco Product Except 312112--Exception is limited
Manufacturing. to facilities previously classified
under SIC 5149, Groceries and
Related Products, Not Elsewhere
Classified;
Except 312230--Exception is limited
to facilities previously classified
under SIC 7389, Business Services,
Not Elsewhere Classified, except
facilities primarily engaged in
solvent recovery services on a
contract or fee basis;
313--Textile Mills................ Except 313310--Exception is limited
to facilities previously classified
under SIC 5131, Piece Goods,
Notions, and Other Dry Good; and
facilities previously classified
under SIC 7389, Business Services,
Not Elsewhere Classified, except
facilities primarily engaged in
solvent recovery services on a
contract or fee basis;
314--Textile Product Mills........ Except 314120--Exception is limited
to facilities previously classified
under SIC 5714, Drapery, Curtain,
and Upholstery Stores;
Except 314999--Exception is limited
to facilities previously classified
under SIC 7389, Business Services,
Not Elsewhere Classified, except
facilities primarily engaged in
solvent recovery services on a
contract or fee basis;
315--Apparel Manufacturing........ Except 315220--Exception is limited
to facilities previously classified
under SIC 5699, Miscellaneous
Apparel and Accessory Stores;
316--Leather and Allied Product ....................................
Manufacturing.
321--Wood Product Manufacturing... ....................................
322--Paper Manufacturing.......... ....................................
323--Printing and Related Support Except 323111--Exception is limited
Activities. to facilities previously classified
under SIC 7334, Photocopying and
Duplicating Services;
324--Petroleum and Coal Products ....................................
Manufacturing.
325--Chemical Manufacturing....... Except 325998--Exception is limited
to facilities previously classified
under SIC 7389, Business Services,
Not Elsewhere Classified;
326--Plastics and Rubber Products Except 326212--Exception is limited
Manufacturing. to facilities previously classified
under SIC 7534, Tire Retreading and
Repair Shops;
327--Nonmetallic Mineral Product Except 327110--Exception is limited
Manufacturing. to facilities previously classified
under SIC 5719, Miscellaneous home
furnishing Stores;
331--Primary Metal Manufacturing.. ....................................
332--Fabricated Metal Product ....................................
Manufacturing.
333--Machinery Manufacturing...... ....................................
334--Computer and Electronic Except 334614--Exception is limited
Product Manufacturing. to facilities previously classified
under SIC 7372, Prepackaged
Software; and to facilities
previously classified under SIC
7819, Services Allied to Motion
Picture Production;
335--Electrical Equipment, Except 335312--Exception is limited
Appliance, and Component to facilities previously classified
Manufacturing. under SIC 7694, Armature Rewinding
Shops;
336--Transportation Equipment ....................................
Manufacturing.
337--Furniture and Related Product Except 337110--Exception is limited
Manufacturing. to facilities previously classified
under SIC 5712, Furniture Stores;
Except 337121--Exception is limited
to facilities previously classified
under SIC 5712, Furniture Stores;
Except 337122--Exception is limited
to facilities previously classified
under SIC 5712, Furniture Stores;
339--Miscellaneous Manufacturing.. Except 339113--Exception is limited
to facilities previously classified
under SIC 5999, Miscellaneous
Retail Stores, Not Elsewhere
Classified;
Except 339115--Exception is limited
to lens grinding facilities
previously classified under SIC
5995, Optical Goods Stores;
Except 339116--Exception is limited
to facilities previously classified
under SIC 8072, Dental
Laboratories;
111998--All Other Miscellaneous Limited to facilities previously
Crop Farming. classified under SIC 2099, Food
Preparations, Not Elsewhere
Classified;
113310--Logging................... ....................................
211112--Natural Gas Liquid Limited to facilities that recover
Extraction. sulfur from natural gas and
previously classified under SIC
2819, Industrial Inorganic
Chemicals, Not Elsewhere
Classified;
212324--Kaolin and Ball Clay Limited to facilities operating
Mining. without a mine or quarry and
previously classified under SIC
3295, Minerals and Earths, Ground
or Otherwise Treated;
212325--Mining.................... Limited to facilities operating
without a mine or quarry and
previously classified under SIC
3295, Minerals and Earths, Ground
or Otherwise Treated;
212393--Other Chemical and Limited to facilities operating
Fertilizer Mineral Mining. without a mine or quarry and
previously classified under SIC
3295, Minerals and Earths, Ground
or Otherwise Treated;

[[Page 39043]]

212399--All Other Nonmetallic Limited to facilities operating
Mineral Mining. without a mine or quarry and
previously classified under SIC
3295, Minerals and Earths, Ground
or Otherwise Treated;
488390--Other Support Activities Limited to facilities previously
for Water Transportation. classified under SIC 3731,
Shipbuilding and Repairing;
511110--Newspaper Publishers...... ....................................
511120--Periodical Publishers..... ....................................
511130--Book Publishers........... ....................................
511140--Directory and Mailing List Except facilities previously
Publishers. classified under SIC 7331, Direct
Mail Advertising Services;
511191--Greeting Card Publishers.. ....................................
511199--All Other Publishers...... ....................................
512230--Music Publishers.......... Except facilities previously
classified under SIC 8999,
Services, Not Elsewhere Classified;
512250--Record Production and Limited to facilities previously
Distribution. classified under SIC 3652,
Phonograph Records and Prerecorded
Audio Tapes and Disks;
519130--Internet Publishing and Limited to Internet publishing
Broadcasting and Web Search facilities previously classified
Portals. under SIC 2711, Newspapers:
Publishing, or Publishing and
Printing; facilities previously
classified under SIC 2721,
Periodicals: Publishing, or
Publishing and Printing; facilities
previously classified under SIC
2731, Books: Publishing, or
Publishing and Printing; facilities
previously classified under SIC
2741, Miscellaneous Publishing;
facilities previously classified
under SIC 2771, Greeting Cards;
Except for facilities primarily
engaged in web search portals;
541713--Research and Development Limited to facilities previously
in Nanotechnology. classified under SIC 3764, Guided
Missile and Space Vehicle
Propulsion Units and Propulsion
Unit Parts; and facilities
previously classified under SIC
3769, Guided Missile and Space
Vehicle Parts and Auxiliary
Equipment, Not Elsewhere
Classified;
541715--Research and Development Limited to facilities previously
in the Physical, Engineering, and classified under SIC 3764, Guided
Life Sciences (except Missile and Space Vehicle
Nanotechnology and Biotechnology). Propulsion Units and Propulsion
Unit Parts; and facilities
previously classified under SIC
3769, Guided Missile and Space
Vehicle Parts and Auxiliary
Equipment, Not Elsewhere
Classified;
811490--Other Personal and Limited to facilities previously
Household Goods Repair and classified under SIC 3732, Boat
Maintenance. Building and Repairing.
------------------------------------------------------------------------

------------------------------------------------------------------------
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......... ....................................
212230--Copper, Nickel, Lead, and ....................................
Zinc Mining.
212299--Other Metal Ore Mining.... ....................................
221111--Hydroelectric Power Limited to facilities that combust
Generation. coal and/or oil for the purpose of
generating power for distribution
in commerce.
221112--Fossil Fuel Electric Power Limited to facilities that combust
Generation. coal and/or oil for the purpose of
generating power for distribution
in commerce.
221113--Nuclear Electric Power Limited to facilities that combust
Generation. coal and/or oil for the purpose of
generating power for distribution
in commerce.
221118--Other Electric Power Limited to facilities that combust
Generation. coal and/or oil for the purpose of
generating power for distribution
in commerce.
221121--Electric Bulk Power Limited to facilities that combust
Transmission and Control. coal and/or oil for the purpose of
generating power for distribution
in commerce.
221122--Electric Power Limited to facilities that combust
Distribution. coal and/or oil for the purpose of
generating power for distribution
in commerce.
221330--Steam and Air Conditioning Limited to facilities previously
Supply. classified under SIC 4939,
Combination Utility Services, Not
Elsewhere Classified.
424690--Other Chemical and Allied ....................................
Products Merchant Wholesalers.
424710--Petroleum Bulk Stations ....................................
and Terminals.
425110--Business to Business Limited to facilities previously
Electronic Markets. classified in SIC 5169, Chemicals
and Allied Products, Not Elsewhere
Classified
425120--Wholesale Trade Agents and Limited to facilities previously
Brokers. classified in SIC 5169, Chemicals
and Allied Products, Not Elsewhere
Classified.
562112--Hazardous Waste Collection Limited to facilities primarily
engaged in solvent recovery
services on a contract or fee basis
and previously classified under SIC
7389, Business Services, Not
Elsewhere Classified;

[[Page 39044]]

562211--Hazardous Waste Treatment Limited to facilities regulated
and Disposal. under the Resource Conservation and
Recovery Act, subtitle C, 42 U.S.C.
6921 et seq.
562212--Solid Waste Landfill...... Limited to facilities regulated
under the Resource Conservation and
Recovery Act, subtitle C, 42 U.S.C.
6921 et seq.
562213--Solid Waste Combustors and Limited to facilities regulated
Incinerators. under the Resource Conservation and
Recovery Act, subtitle C, 42 U.S.C.
6921 et seq.
562219--Other Nonhazardous Waste Limited to facilities regulated
Treatment and Disposal. under the Resource Conservation and
Recovery Act, subtitle C, 42 U.S.C.
6921 et seq.
562920--Materials Recovery Limited to facilities regulated
Facilities. under the Resource Conservation and
Recovery Act, subtitle C, 42 U.S.C.
6921 et seq.
------------------------------------------------------------------------

0
4. Amend Sec. [thinsp]372.38 by revising paragraph (h) to read as
follows:

Sec. [thinsp]372.38 Exemptions.

* * * * *
(h) Metal mining overburden. If a toxic chemical that is a
constituent of overburden is processed or otherwise used by facilities
in SIC code 10, or in NAICS codes 212221, 212222, 212230 or 212299, a
person is not required to consider the quantity of the toxic chemical
so processed, or otherwise used when determining whether an applicable
threshold has been met under Sec. 372.25, Sec. 372.27, or Sec.
372.28, or determining the amounts to be reported under Sec. 372.30.

[FR Doc. 2017-17413 Filed 8-16-17; 8:45 am]
BILLING CODE 6560-50-P

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