Community Right-To-Know; Adopting 2017 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting; Final Rule, 60906-60911 [2017-27815]

Download as PDF 60906 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations protective of human health and the environment. No further Superfund response is necessary to protect human health and the environment. The Site Deletion procedures specified in 40 CFR 300.425(e) have been followed for the deletion of the Site. V. Deletion Action EPA, with concurrence of the Commonwealth through PADEP, has determined that all appropriate response actions under CERCLA, have been completed. Therefore, EPA is deleting the Site from the NPL. Because EPA considers this action to be noncontroversial and routine, EPA is taking it without prior publication. This action will be effective February 26, 2018 unless EPA receives adverse comments by January 25, 2018. If adverse comments are received within the 30-day public comment period, EPA will publish a timely withdrawal of this direct final notice of deletion before the effective date of the deletion, and it will not take effect. EPA will prepare a response to comments and continue with the deletion process on the basis of the notice of intent to delete and the comments already received. There will be no additional opportunity to comment. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Dated: December 1, 2017. Cosmo Servidio, Regional Administrator, EPA Region III. For the reasons set out in this document, 40 CFR part 300 is amended as follows: PART 300—NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN 1. The authority citation for part 300 continues to read as follows: ■ ethrower on DSK3G9T082PROD with RULES Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193. Appendix B to Part 300—[Amended] 2. Table 1 of appendix B to part 300 is amended by removing ‘‘PA’’, ‘‘C & D Recycling’’, ‘‘Foster Township’’. ■ [FR Doc. 2017–27801 Filed 12–22–17; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 16:22 Dec 22, 2017 Jkt 244001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 372 [EPA–HQ–OPPT–2017–0197; FRL–9970–02] RIN 2070–AK32 Community Right-To-Know; Adopting 2017 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting; Final Rule Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: In the Federal Register of August 17, 2017, EPA published both a direct final rule and a proposed rule 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) 2017 NAICS code revision. As noted in the direct final rule, if EPA received relevant adverse comment on the proposed update, the Agency would publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the direct final action will not take effect, and instead proceed to issue a final rule based on the parallel proposed rule. The Agency did receive a relevant adverse comment on the proposed update, and withdrew the direct final rule. This final rule addresses the comment made on EPA’s proposed rulemaking previously published for this action. DATES: This final rule is effective on January 1, 2018. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPPT–2017–0197, is available at http://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 http://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 SUMMARY: PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 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; website: https:// www.epa.gov/home/epa-hotlines. SUPPLEMENTARY INFORMATION: I. 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 2012 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 2012 NAICS codes (corresponding to SIC codes other than SIC codes 20 through 39): 212111, 212112, 212113 (corresponds to SIC code 12, Coal 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 E:\FR\FM\26DER1.SGM 26DER1 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations 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. II. Background A. What is the Agency’s authority for taking this action? EPA is taking final 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. B. 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 the relevant 2017 NAICS codes for TRI reporting. EPA is also modifying the list of exceptions and limitations previously included in the CFR for the applicable NAICS codes for TRI reporting purposes. 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 in Unit II.B., 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. The Agency received a comment on the proposed rule, which is addressed more fully in Unit II.C., stating that the listing of updated NAICS codes in the CFR text was incomplete, in that it did not include the update to the code for natural gas extraction facilities. The Agency agrees with that comment and is including the update for that NAICS code in the table in Unit II.B. and in the final CFR text. 2012 NAICS code 2012 NAICS and U.S. description 2017 NAICS code 211112 ........... Natural Gas Liquid Extraction. Lead Ore and Zinc Ore Mining. Copper Ore and Nickel Ore Mining. Pump and Pumping Equipment Manufacturing. 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.. 211130 Natural Gas Extraction. 212230 * Copper, Nickel, Lead, and Zinc Mining. Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology). 541713 212231 ........... 212234 ........... 333911 ........... 333913 ........... 335221 ........... 335222 ........... 335224 ........... 335228 ........... 512220 ........... ethrower on DSK3G9T082PROD with RULES 60907 541712 ........... VerDate Sep<11>2014 16:22 Dec 22, 2017 Jkt 244001 ″ 333914 ″ 335220 2017 NAICS and U.S. description ″ Measuring, Dispensing, and Other Pumping Equipment Manufacturing. ″ Major Household Appliance Manufacturing. ″ ″ ″ ″ ″ ″ 512250 PO 00000 Frm 00063 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. Fmt 4700 Sfmt 4700 E:\FR\FM\26DER1.SGM 26DER1 60908 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations 2012 NAICS code 2012 NAICS and U.S. description 2017 NAICS code 2017 NAICS and U.S. description ″ ...................... ″ ........................................ 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. ethrower on DSK3G9T082PROD 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 http:// www.census.gov/epcd/www/naics.html. EPA is also modifying the list of exceptions and limitations previously included in the CFR for the applicable NAICS codes for TRI reporting purposes. 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 order to better correspond with the previous SIC code descriptors. However, OMB updates NAICS codes every five years, and these updates may require a corresponding change by EPA to the regulatory text describing any exceptions or limitations 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’’. The Agency received no comments, adverse or otherwise, on this type of modification, and so is finalizing this language in the CFR. 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) and (c) to align VerDate Sep<11>2014 16:22 Dec 22, 2017 Jkt 244001 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. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review C. Why did the Agency withdraw the direct final rule? 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. EPA previously received relevant adverse public comment on the direct final rule. While the commenter largely supported the update to OMB’s 2017 NAICS codes, it noted that the 2012 NAICS code 211112 (Natural Gas Liquid Extraction) was not included in the direct final rule’s revised codes, although OMB had updated NAICS code 211112 to NAICS code 211130 (Natural Gas Extraction) in 2017. EPA agrees with this comment. The 2012 NAICS code 211112, which was updated to 211130 in the 2017 NAICS codes revision, was intended to be captured in the direct final rule. The direct final inadvertently omitted this update. Thus, EPA withdrew the direct final and is proceeding to amend the NAICS code list with this final rule. D. 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. III. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is not expected to be an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. C. Paperwork Reduction Act (PRA) D. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. 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 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. E:\FR\FM\26DER1.SGM 26DER1 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations E. 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. F. 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. The action would impose no enforceable duty on any state, local or tribal governments or the private sector. G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. This final rule will not impose substantial direct compliance costs on Indian tribal governments. Thus, Executive Order 13175 does not apply to this action. H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory 60909 action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. List of Subjects in 40 CFR Part 372 I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use Dated: December 13, 2017. E. Scott Pruitt, Administrator. This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. PART 372—[AMENDED] J. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. This regulatory action is a procedural change and does not have any impact on human health or the environment. IV. Congressional Review Act (CRA) Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Environmental protection, Community right-to-know, Reporting and recordkeeping requirements, Toxic chemicals. Therefore, 40 CFR chapter I is amended as follows: 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 paragraph (b) introductory text 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 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. 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 Goods; 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; ethrower on DSK3G9T082PROD with RULES 312—Beverage and Tobacco Product Manufacturing. 313—Textile Mills ............................ 314—Textile Product Mills .............. VerDate Sep<11>2014 16:22 Dec 22, 2017 Jkt 244001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\26DER1.SGM 26DER1 60910 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations Subsector code or Industry code 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. 339—Miscellaneous Manufacturing 111998—All Other Miscellaneous Crop Farming. 113310—Logging. 211130—Natural Gas Extraction .... ethrower on DSK3G9T082PROD with RULES 212324—Kaolin and Ball Clay Mining. 212325—Mining .............................. 212393—Other Chemical and Fertilizer Mineral Mining. 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. 541713—Research and Development in Nanotechnology. VerDate Sep<11>2014 16:22 Dec 22, 2017 Exceptions and/or limitations 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; 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 Furnishings 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 and previously classified under SIC 2819, Industrial Inorganic Chemicals, Not Elsewhere Classified; 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 operating without a mine or quarry and previously classified under SIC 3295, Minerals and Earths, Ground or Otherwise Treated; 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 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; 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; Jkt 244001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\26DER1.SGM 26DER1 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations 60911 Subsector code or Industry code Exceptions and/or limitations 541715—Research and Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and Biotechnology). 811490—Other Personal and Household Goods Repair and Maintenance. 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 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 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 merce. Limited to merce. Limited to merce. Limited to merce. Limited to merce. Limited to merce. Limited to sified. 4. Amend § 372.38 by revising paragraph (h) to read as follows: ethrower on DSK3G9T082PROD with RULES Exemptions. * * * * * (h) Metal mining overburden. If a toxic chemical that is a constituent of overburden is processed or otherwise VerDate Sep<11>2014 19:37 Dec 22, 2017 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 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; 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. ■ § 372.38 facilities that combust coal and/or oil for the purpose of generating power for distribution in com- Jkt 244001 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 PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 determining the amounts to be reported under § 372.30. [FR Doc. 2017–27815 Filed 12–22–17; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\26DER1.SGM 26DER1

Agencies

[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Rules and Regulations]
[Pages 60906-60911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27815]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-OPPT-2017-0197; FRL-9970-02]
RIN 2070-AK32


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: In the Federal Register of August 17, 2017, EPA published both 
a direct final rule and a proposed rule 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) 2017 NAICS code revision. As 
noted in the direct final rule, if EPA received relevant adverse 
comment on the proposed update, the Agency would publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the direct final action will not take effect, and 
instead proceed to issue a final rule based on the parallel proposed 
rule. The Agency did receive a relevant adverse comment on the proposed 
update, and withdrew the direct final rule. This final rule addresses 
the comment made on EPA's proposed rulemaking previously published for 
this action.

DATES: This final rule is effective on January 1, 2018.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2017-0197, is available at 
http://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 http://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: 
[email protected].
    For general information contact: The Emergency Planning and 
Community Right-to-Know Information Center; telephone number: (800) 
424-9346, TDD (800) 553-7672; website: https://www.epa.gov/home/epa-hotlines.

SUPPLEMENTARY INFORMATION:

I. 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 2012 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 2012 NAICS codes 
(corresponding to SIC codes other than SIC codes 20 through 39): 
212111, 212112, 212113 (corresponds to SIC code 12, Coal 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

[[Page 60907]]

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.

II. Background

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

    EPA is taking final 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.

B. 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 the relevant 2017 
NAICS codes for TRI reporting. EPA is also modifying the list of 
exceptions and limitations previously included in the CFR for the 
applicable NAICS codes for TRI reporting purposes.
    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 in Unit 
II.B., 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.
    The Agency received a comment on the proposed rule, which is 
addressed more fully in Unit II.C., stating that the listing of updated 
NAICS codes in the CFR text was incomplete, in that it did not include 
the update to the code for natural gas extraction facilities. The 
Agency agrees with that comment and is including the update for that 
NAICS code in the table in Unit II.B. and in the final CFR text.

------------------------------------------------------------------------
                      2012 NAICS and                     2017 NAICS and
  2012 NAICS code    U.S. description  2017 NAICS code  U.S. description
------------------------------------------------------------------------
211112.............  Natural Gas               211130   Natural Gas
                      Liquid                             Extraction.
                      Extraction.
212231.............  Lead Ore and            212230 *   Copper, Nickel,
                      Zinc Ore Mining.                   Lead, and Zinc
                                                         Mining.
212234.............  Copper Ore and                ''   ''
                      Nickel Ore
                      Mining.
333911.............  Pump and Pumping          333914   Measuring,
                      Equipment                          Dispensing, and
                      Manufacturing.                     Other Pumping
                                                         Equipment
                                                         Manufacturing.
333913.............  Measuring and                 ''   ''
                      Dispensing Pump
                      Manufacturing.
335221.............  Household                 335220   Major Household
                      Cooking                            Appliance
                      Appliance                          Manufacturing.
                      Manufacturing.
335222.............  Household                     ''   ''
                      Refrigerator
                      and Home
                      Freezer
                      Manufacturing.
335224.............  Household                     ''   ''
                      Laundry
                      Equipment
                      Manufacturing.
335228.............  Other Major                   ''   ''
                      Household
                      Appliance
                      Manufacturing.
512220.............  Integrated                512250   Record
                      Record                             Production and
                      Production/                        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              541713   Research and
                      Development in                     Development in
                      the Physical,                      Nanotechnology.
                      Engineering,                      This merges both
                      and Life                           TRI-covered and
                      Sciences                           non-TRI-covered
                      (except                            NAICS codes.
                      Biotechnology).                    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.

[[Page 60908]]

 
''.................  ''..............          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.
------------------------------------------------------------------------
* 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 http://www.census.gov/epcd/www/naics.html.
    EPA is also modifying the list of exceptions and limitations 
previously included in the CFR for the applicable NAICS codes for TRI 
reporting purposes. 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 order to better correspond with the previous SIC code 
descriptors. However, OMB updates NAICS codes every five years, and 
these updates may require a corresponding change by EPA to the 
regulatory text describing any exceptions or limitations 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''. The 
Agency received no comments, adverse or otherwise, on this type of 
modification, and so is finalizing this language in the CFR.
    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) and (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.

C. Why did the Agency withdraw the direct final rule?

    EPA previously received relevant adverse public comment on the 
direct final rule. While the commenter largely supported the update to 
OMB's 2017 NAICS codes, it noted that the 2012 NAICS code 211112 
(Natural Gas Liquid Extraction) was not included in the direct final 
rule's revised codes, although OMB had updated NAICS code 211112 to 
NAICS code 211130 (Natural Gas Extraction) in 2017. EPA agrees with 
this comment. The 2012 NAICS code 211112, which was updated to 211130 
in the 2017 NAICS codes revision, was intended to be captured in the 
direct final rule. The direct final inadvertently omitted this update. 
Thus, EPA withdrew the direct final and is proceeding to amend the 
NAICS code list with this final rule.

D. 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.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://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.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not expected to be an Executive Order 13771 
regulatory action because this action is not significant under 
Executive Order 12866.

C. 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.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. 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 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.

[[Page 60909]]

E. 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.

F. 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. The action 
would impose no enforceable duty on any state, local or tribal 
governments or the private sector.

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

    This action does not have tribal implications as specified in 
Executive Order 13175. This final rule will not impose substantial 
direct compliance costs on Indian tribal governments. Thus, Executive 
Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. This regulatory action is a 
procedural change and does not have any impact on human health or the 
environment.

IV. Congressional Review Act (CRA)

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. 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: December 13, 2017.
E. Scott Pruitt,
Administrator.
    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 paragraph (b) introductory 
text 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. Sec.  [thinsp]372.23(b) and 372.23(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.

------------------------------------------------------------------------
  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 Goods; 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;

[[Page 60910]]

 
                                    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
                                     Furnishings 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...................
211130--Natural Gas Extraction....  Limited to facilities that recover
                                     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;
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;

[[Page 60911]]

 
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.
------------------------------------------------------------------------

    (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
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;
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. 2017-27815 Filed 12-22-17; 8:45 am]
 BILLING CODE 6560-50-P