Community Right-to-Know; Adopting 2022 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting, 72891-72898 [2022-25375]
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Federal Register / Vol. 87, No. 227 / Monday, November 28, 2022 / Rules and Regulations
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
establishment of a temporary safety
zone for navigable waters of Laguna
Madre within an 700-foot radius of a
fireworks barge launching fireworks in
position 26°6′9.89″ N, 097°10′15.33″ W,
in South Padre Island, Texas. The safety
zone is needed to protect personnel,
vessels, and the marine environment
from potential hazards created by a
fireworks display. It is categorically
excluded from further review under
paragraph L60 Appendix A, Table 1 of
DHS Instruction Manual 023–01–001–
01, Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
§ 165.T08–0942 Safety Zone; Laguna
Madre, South Padre Island, TX.
(a) Location. The following area is a
safety zone: all navigable waters of
Laguna Madre within a 700-foot radius
of a fireworks barge launching fireworks
in position 26°6′9.89″ N, 097°10′15.33″
W, in South Padre Island, Texas.
(b) Enforcement period. This section
will be enforced from 7:15 p.m. through
8:15 p.m. on December 3, 2022.
(c) Regulations. (1) According to the
general regulations in § 165.23, entry
into the temporary safety zone in
paragraph (a) of this section is
prohibited unless authorized by the
Captain of the Port Sector Corpus
Christi (COTP) or a designated
representative.
(2) Persons or vessels seeking to enter
the safety zone must request permission
from the COTP on VHF–FM channel 16
(156.8 MHz) or by telephone at 361–
939–0450.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Safety
Marine Information Broadcasts, as
appropriate.
Dated: November 18, 2022.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
[FR Doc. 2022–25777 Filed 11–25–22; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 372
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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2. Add § 165.T08–0942 to read as
follows:
■
[EPA–HQ–OPPT–2022–0387; FRL–9529–02–
OCSPP]
RIN 2070–AL09
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Community Right-to-Know; Adopting
2022 North American Industry
Classification System (NAICS) Codes
for Toxics Release Inventory (TRI)
Reporting
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
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The Environmental Protection
Agency (EPA) is finalizing updates to
the list of North American Industry
SUMMARY:
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72891
Classification System (NAICS) codes
subject to reporting under the Toxics
Release Inventory (TRI) to reflect the
Office of Management and Budget
(OMB) 2022 NAICS code revision. OMB
updates the NAICS codes every five
years. EPA is implementing the 2022
codes for TRI Reporting Year 2022 (i.e.,
facilities reporting to TRI are required to
use 2022 NAICS codes on reports that
are due to the Agency by July 1, 2023).
The actual data required by a TRI form
does not change as a result of this
rulemaking, nor does the rule affect the
universe of TRI reporting facilities that
are required to submit reports to the
Agency under the Emergency Planning
and Community Right-to-Know Act
(EPCRA).
This final rule is effective on
December 28, 2022.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2022–0387, is
available online at https://
www.regulations.gov or in-person at the
Office of Pollution Prevention and
Toxics (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:
Rachel Dean, Data Collection Branch,
Data Gathering and Analysis Division
(Mail code: 7406M), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460;
telephone number: (202) 566–1303;
email address: dean.rachel@epa.gov.
For general information contact: The
Emergency Planning and Community
Right-to-Know Information Center;
telephone number: (800) 424–9346 or
(703) 348–5070 in the Washington, DC
Area and International; website: https://
www.epa.gov/aboutepa/epa-hotlines.
SUPPLEMENTARY INFORMATION:
DATES:
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
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employee hours per year that
manufacture, process, or otherwise use
toxic chemicals listed on the TRI, and
that are required under section 313 of
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; FRL–
9660–9), 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 2017 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*, 113310, 211130*
(corresponds to SIC 2819), 212324*,
212325*, 212393*, 212399*, 488390*,
511110, 511120, 511130, 511140*,
511191, 511199, 512230*, 512250*,
519130*, 541713*, 541715*, or
811490*.
(*Exceptions and/or limitations exist
for these NAICS codes.)
• Facilities included in the following
NAICS manufacturing codes
(corresponding to SIC codes other than
20–39): 211130 (corresponds to SIC
code 1321); or 212111, 212112, 212113,
(corresponds to SIC code 12, Coal
Mining (except 1241)); 212221, 212222,
212230, 212299 (corresponds to SIC
code 10, Metal Mining (except 1011,
1081, and 1094)); or 22111*, 221121,
221122, 221330 (limited to facilities that
combust coal and/or oil for the purpose
of generating power 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, Not Elsewhere
Classified)); or 562211, 562212, 562213,
562219, 562920 (limited to facilities
regulated under the Resource
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16:18 Nov 25, 2022
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Conservation and Recovery Act, subtitle
C, 42 U.S.C. 6921 et seq.) (corresponds
to SIC code 4953, Refuse Systems).
(*Exceptions and/or limitations exist
for these NAICS codes.)
• Federal facilities.
• Facilities that the EPA
Administrator has specifically required
to report to TRI pursuant to a
determination under EPCRA section
313(b)(2).
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
EPCRA sections 313(g)(1) and 328, 42
U.S.C. 11023(g)(1) and 11048. In
general, EPCRA section 313 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. EPCRA section
313(g)(1) 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 authorizes EPA to
‘‘prescribe such regulations as may be
necessary to carry out this chapter.’’ 42
U.S.C. 11048.
C. Why is EPA taking this action?
In the Federal Register of April 9,
1997 (62 FR 17288), OMB published a
final decision to adopt the NAICS
economic classification system,
replacing the Standard Industry
Classification (SIC) system which had
traditionally been used by the Federal
Government for collecting and
organizing industry-related statistics.
Consistent with EPCRA section 313 and
PPA section 6607, on June 6, 2006, EPA
amended 40 CFR part 372 to change TRI
reporting from requiring SIC codes to
requiring NAICS codes (71 FR 32464;
FRL–8180–2) (Ref. 1). This amendment
to the regulation included the 2002
NAICS codes for TRI reporting. OMB
revises the NAICS codes every five
years. Therefore, EPA subsequently
updated the NAICS codes in:
• June 9, 2008 (73 FR 32466; FRL–
8577–1) to include the 2007 codes,
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• July 18, 2013 (78 FR 42875; FRL–
9825–8) (Ref. 2) to include the 2012
NAICS codes, and
• December 26, 2017 (82 FR 60906;
FRL–9970–02) to include the 2017
NAICS codes.
In the Federal Register of December
21, 2021, OMB announced updated
NAICS codes for 2022 (86 FR 72277).
With this final rule, EPA is amending 40
CFR part 372 to reflect OMB’s updated
2022 NAICS codes.
NAICS codes are used by EPA’s TRI
program, which provides the ability to
track releases and other waste
management activities (among other
information) of chemicals by a sector
and/or facility basis. This detailed
information is made public so that
community members, industrial
facilities, research organizations, and
federal government can make informed
decisions that impact human health and
the environment. Also, comparative
analysis by sector or facility can
demonstrate the volume of a specific
chemical released to air, water, and
land. In addition, NAICS codes help
provide a snapshot of pollution
prevention efforts at each facility by
demonstrating results of toxic emissions
reductions across industry sectors.
D. What action is the Agency taking?
Given OMB’s revisions to the NAICS
codes that became effective January 1,
2022, EPA is amending 40 CFR part 372
to update the 2022 NAICS codes for TRI
reporting. In addition, EPA is including
NAICS codes in 40 CFR part 372 for
facilities that are covered under TRI’s
SIC codes but had been inadvertently
excluded in past TRI NAICS
rulemakings. EPA is also updating the
CFR to account for the discretionary
authority provision provided in EPCRA
section 313(b)(2) (42 U.S.C. 11023(b)(2)).
Lastly, EPA is updating 40 CFR part
372.22(b) to reflect the revised codes
and TRI reporting years for which the
2022 NAICS codes are applicable.
E. 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.
II. Background
A. What did EPA propose?
In a proposed rule issued in July 2022
(Ref. 3), EPA proposed to update the list
of NAICS codes subject to TRI reporting
to reflect OMB 2022 NAICS code
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revision. EPA did not propose changes
to the TRI reporting requirements.
with a few corrections as discussed in
this unit.
B. Did EPA receive any public
comments?
A. NAICS Codes Updated To Conform
With the 2022 NAICS Code
Modifications
The Agency received one comment on
the proposed rule, which expressed
general support for the updates.
III. Summary of the Final Rule
With this action, EPA is finalizing the
proposed updates to the NAICS codes
Due to the 2022 NAICS code
modifications, some facilities will need
to modify their reported NAICS codes as
outlined in Table 1, which identifies
only the revised TRI NAICS reporting
codes and is not an exhaustive list of all
72893
NAICS reporting codes subject to
EPCRA section 313 and PPA section
6607. Table 1 also includes notes where
a 2022 NAICS code is the result of
merging 2017 NAICS codes. In those
cases, EPA is clarifying which subset of
the 2022 NAICS code is covered by TRI.
(Note that non-TRI-covered NAICS
codes are not listed in the table.) A
complete listing of all TRI-covered
facilities can be found in the regulations
at 40 CFR 372.23.
TABLE 1—MODIFIED TRI REPORTING NAICS CODES
2017
NAICS
code
212111
212112
212113
2022
NAICS code
2022 NAICS and U.S. description
212114
212115
212114
Surface Coal Mining.
Underground Coal Mining.
Surface Coal Mining.
212115
Underground Coal Mining.
212221
212222
212299
Bituminous Coal and Lignite Surface Mining ...........
Bituminous Coal Underground Mining .....................
Anthracite Mining—anthracite surface mining activity.
Anthracite Mining—anthracite underground mining
activity.
Gold Ore Mining .......................................................
Silver Ore Mining .....................................................
All Other Metal Ore Mining ......................................
212220
″
212290
212324
212325
212393
212399
Kaolin and Ball Clay Mining .....................................
Clay and Ceramic and Refractory Minerals Mining
Other Chemical and Fertilizer Mineral Mining .........
All Other Nonmetallic Mineral Mining ......................
212323
″
212390
″
315110
315190
315220
Hosiery and Sock Mills ............................................
Other Apparel Knitting Mills .....................................
Men’s and Boys’ Cut and Sew Apparel Manufacturing.
Women’s, Girls’, and Infants’ Cut and Sew Apparel
Manufacturing.
Other Cut and Sew Apparel Manufacturing .............
Women’s Handbag and Purse Manufacturing .........
All Other Leather Good and Allied Product Manufacturing.
Engineered Wood Member (except Truss) Manufacturing.
Truss Manufacturing ................................................
Paper (except Newsprint) Mills ................................
Newsprint Mills .........................................................
Fertilizer (Mixing Only) Manufacturing .....................
315120
″
315250
Gold Ore and Silver Ore Mining.
″
Other Metal Ore Mining.
This merges both TRI-covered and non-TRI-covered NAICS codes. Only
212299: All Other Metal Ore Mining was covered by TRI. TRI notes that
only ‘‘All Other Metal Ore Mining’’ facilities under NAICS code 212290 are
required to report.
Kaolin, Clay, and Ceramic and Refractory Minerals Mining.
″
Other Nonmetallic Mineral Mining and Quarrying.
″
This merges both TRI-covered and non-TRI-covered NAICS codes. Only
212393 and 212399 were covered by TRI. TRI notes that only ‘‘Other
Chemical and Fertilizer Mineral Mining’’ and ‘‘All Other Nonmetallic Mineral
Mining’’ facilities under NAICS code 212390 are required to report.
Apparel Knitting Mills.
″
Cut and Sew Apparel Manufacturing (except Contractors).
212113
315240
315280
316992
316998
321213
321214
322121
322122
325314
333244
333249
333314
333316
333318
333997
333999
334613
334614
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2017 NAICS and U.S.
description
335110
335121
335122
335129
335911
335912
336111
336112
337124
337125
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Printing Machinery Equipment Manufacturing .........
Other Industrial Machinery Manufacturing ...............
Optical Instrument and Lens Manufacturing ............
Photographic and Photocopying Equipment Manufacturing.
Other Commercial and Service Industry Machinery
Manufacturing.
Scale and Balance Manufacturing ...........................
All Other Miscellaneous General Purpose Machinery Manufacturing.
Blank Magnetic and Optical Recording Media Manufacturing.
Software and Other Prerecorded Compact Disc,
Tape, and Record Reproducing.
Electric Lamp Bulb and Part Manufacturing ............
Residential Electric Lighting Fixture Manufacturing
Commercial, Industrial, and Institutional Electric
Lighting Fixture Manufacturing.
Other Lighting Equipment Manufacturing ................
Storage Battery Manufacturing ................................
Primary Battery Manufacturing ................................
Automobile Manufacturing .......................................
Light Truck and Utility Vehicle Manufacturing .........
Metal Household Furniture Manufacturing ...............
Household Furniture (except Wood and Metal)
Manufacturing.
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″
″
″
316990
″
″
Other Leather and Allied Product Manufacturing.
″
321215
Engineered Wood Member Manufacturing.
″
322120
″
325314
325315
333248
″
333310
″
″
Paper Mills.
″
Fertilizer (Mixing Only) Manufacturing.
Compost Manufacturing.
All Other Industrial Machinery Manufacturing.
″
Commercial and Service Industry Machinery Manufacturing.
″
″
″
333998
″
All Other Miscellaneous General Purpose Machinery Manufacturing.
″
334610
Manufacturing and Reproducing Magnetic and Optical Media.
″
335139
335131
335132
335139
335910
″
336110
″
337126
″
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″
Electric Lamp Bulb and Other Lighting Equipment Manufacturing.
Residential Electric Lighting Fixture Manufacturing.
Commercial, Industrial, and Institutional Electric Lighting Fixture Manufacturing.
Electric Lamp Bulb and Other Lighting Equipment Manufacturing.
Battery Manufacturing.
″
Automobile and Light Duty Motor Vehicle Manufacturing.
″
Household Furniture (except Wood and Upholstered) Manufacturing.
″
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TABLE 1—MODIFIED TRI REPORTING NAICS CODES—Continued
2017
NAICS
code
425110
511110
511120
511130
511140
511191
511199
519130
519130
519130
519130
519130
519130
519130
519130
2017 NAICS and U.S.
description
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2022 NAICS and U.S. description
Business to Business Electronic Markets ................
Newspaper Publishers .............................................
Periodical Publishers ...............................................
Book Publishers .......................................................
Directory and Mailing List Publishers ......................
Greeting Card Publishers .........................................
All Other Publishers .................................................
Internet Publishing and Broadcasting and Web
Search Portals—Internet Newspaper Publishers
activity.
Internet Publishing and Broadcasting and Web
Search Portals—Internet Periodical Publishers
activity.
Internet Publishing and Broadcasting and Web
Search Portals—Internet Book Publishers activity.
Internet Publishing and Broadcasting and Web
Search Portals—Internet Directory and Mailing
List Publishers activity.
Internet Publishing and Broadcasting and Web
Search Portals for Internet Greeting Card Publishers activity.
Internet Publishing and Broadcasting and Web
Search Portals for All other Internet Publishers
activity.
Internet Publishing and Broadcasting and Web
Search Portals—Internet Broadcasting activity.
425120
513110
513120
513130
513140
513191
513199
513110
Wholesale Trade Agents and Brokers.
Newspaper Publishers.
Periodical Publishers.
Book Publishers.
Directory and Mailing List Publishers.
Greeting Card Publishers.
All Other Publishers.
Newspaper Publishers.
513120
Periodical Publishers.
513130
Book Publishers.
513140
Directory and Mailing List Publishers.
513191
Greeting Card Publishers.
513199
All Other Publishers.
516210
Internet Publishing and Broadcasting and Web
Search Portals—Web Search Portals activity.
519290
Media Streaming Distribution Services, Social Networks, and Other Media
Networks and Content Providers.
This merges both TRI-covered and non-TRI-covered NAICS codes. Only
519130: Internet Publishing and Broadcasting and Web Search Portals
was covered by TRI. TRI notes that only certain ‘‘Internet Broadcasting’’
facilities under NAICS code 516210 are required to report.
Web Search Portals and All Other Information Services.
This merges both TRI-covered and non-TRI-covered NAICS codes. Only
519130: Internet Publishing and Broadcasting and Web Search Portals
was covered by TRI. TRI notes that only certain ‘‘Web Search Portals’’ facilities under NAICS code 519290 are required to report.
B. Listing of Certain NAICS Codes in the
Utilities Industry Sector
Additionally, EPA is finalizing the
listing of the following NAICS
manufacturing codes at 40 CFR 372.23
that are subject to TRI reporting
requirements: 221114—Solar Electric
Power Generation; 221115—Wind
Electric Power Generation; 221116—
Geothermal Electric Power Generation;
and 221117—Biomass Electric Power
Generation). In 1997, when EPA added
the electric utility industry sector to the
scope of the TRI, the Agency qualified
the addition to include all facilities
which ‘‘burn any quantity of coal or oil
to generate power for distribution in
commerce.’’ (62 FR 23834, May 1, 1997;
FRL–5578–3) (Ref. 4). Further, the
Agency clearly stated that this addition
includes any facility classified under
SIC codes 4911, 4931, or 4939 that
combusts coal and/or oil for the purpose
of generating power for distribution in
commerce. EPA clearly stated that this
coverage includes a facility that burns
‘‘any quantity’’ of coal or oil to generate
power for distribution in commerce,
noting examples where a facility might
burn coal or oil for purposes other than
distribution in commerce and thus not
fit the qualifier provided for the
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NAICS code
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industry sector. (62 FR 23834, 23863)
(Ref. 4).
The 2007 NAICS to 2012 NAICS
revision split NAICS 221119 (a NAICS
code at the time covered by TRI due to
its crosswalk to SIC codes 4911, 4931,
and 4939) into multiple codes (i.e.,
221114, 221115, 221116, 221117, and
221118). When EPA updated the set of
2007 NAICS codes used by TRI to
conform to the 2012 NAICS revision, the
Agency listed only 221118, neglecting to
include 221114, 221115, 221116, and
221117. (78 FR 42875) (Ref. 2).
However, as provided by the 1997 rule
that included electricity generating
facilities that combust coal and/or oil
for the purpose of generating power for
distribution in commerce, these NAICS
codes should have been included in the
CFR. Further, because the CFR lists SIC
codes 4911, 4931, and 4939 as being
regulated by TRI, facilities in NAICS
codes 221114, 221115, 221116, and
221117 are regulated by TRI should they
combust coal and/or oil for the purpose
of generating power for distribution in
commerce despite the Agency’s
oversight in terms of failing to list these
NAICS codes in the CFR. Therefore,
facilities identifying with these NAICS
codes (i.e., 221114, 221115, 22116, and
221117) are covered under TRI reporting
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regulation and EPA is addressing its
previous oversight by adding these
NAICS codes to 40 CFR 372.23.
Similarly, in the 2006 rule to include
NAICS codes in the regulations for TRI,
EPA neglected to include NAICS code
221210. SIC codes 4931 and 4939 are
covered TRI reporting codes (40 CFR
372.23(b), 62 FR 23834). Both of these
SIC codes crosswalk to multiple NAICS
codes which are listed on the CFR,
except for 221210. EPA acknowledges it
was an oversight not to include 221210
in the 2006 rule adopting NAICS codes
for TRI reporting (71 FR 32464) (Ref. 1)
and is adding 221210 to 40 CFR 372.23
for this NAICS update rule.
Crosswalk tables between all 2017
NAICS codes and 2022 NAICS codes
can be found on the internet at https://
www.census.gov//.
C. Updates to 40 CFR Part 372 To
Accommodate EPCRA Section 313(b)(2)
As authorized under EPCRA section
313(b)(2), the EPA Administrator may
determine that a particular facility is
subject to the requirements of EPCRA
section 313(a) on the basis of the
toxicity of a chemical, the facility’s
proximity to other facilities that release
the chemical or to population centers,
the history of releases of the chemical at
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the facility, or other factors the
Administrator deems appropriate. This
authority has been codified previously
in TRI regulations, describing the
process for modifying the list of covered
facilities (40 CFR 372.20(b)). EPA is
codifying this discretionary authority at
40 CFR 372.22, which describes the
criteria to determine whether a facility
must report to TRI for a certain calendar
year. This edit is a conforming edit to
accommodate the longstanding
discretionary authority under EPCRA
section 313(b)(2), and this edit does not
alter the universe of EPCRA section 313
reporters or any TRI reporting
requirements. This additional criteria
for facilities reporting to TRI will be
added to 40 CFR 372.22.
D. Updates to 40 CFR 372.22(b)
EPA is finalizing conforming edits at
40 CFR 372.22(b), which identifies the
NAICS code version to use for TRI
reporting purposes. The finalized
language reflects the updated version of
NAICS codes and the TRI reporting
years for which they are applicable. The
proposed regulatory text that
accompanied the notice of proposed
rulemaking did not reflect this
conforming edit which is needed to
reflect the revised codes and TRI
reporting years for which the 2022
NAICS codes are applicable.
Accordingly, this final rule also updates
the NAICS code versions and reporting
years listed at 40 CFR 372.22(b).
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IV. References
The following is a listing of the
documents that are specifically
referenced in this document. The docket
includes these documents and other
information considered by EPA,
including documents that are referenced
within the documents that are included
in the docket, even if the referenced
document is not physically located in
the docket. For assistance in locating
these other documents, please consult
the technical person listed under FOR
FURTHER INFORMATION CONTACT.
1. U.S. EPA. Community Right-to-Know;
Toxic Chemical Release Reporting Using
North American Industry Classification
System (NAICS); Final Rule. Federal
Register. 71 FR 32464, June 6, 2006
(FRL–8180–2).
2. U.S. EPA. Community Right-to-Know;
Adoption of 2012 North American
Industry Classification System (NAICS)
Codes for Toxics Release Inventory (TRI)
Reporting; Final Rule. Federal Register.
78 FR 42875, July 18, 2013 (FRL–9825–
8).
3. U.S. EPA. Community Right-To-Know;
Adopting 2022 North American Industry
Classification System (NAICS) Codes for
Toxics Release Inventory (TRI)
VerDate Sep<11>2014
16:18 Nov 25, 2022
Jkt 259001
Reporting; Proposed Rule. Federal
Register. 87 FR 43772, July 22, 2022
(FRL–9529–01–OCSPP).
4. U.S. EPA. Addition of Facilities in Certain
Industry Sectors; Revised Interpretation
of Otherwise Use; Toxic Release
Inventory Reporting; Community Rightto-Know; Final Rule. Federal Register.
62 FR 23834, May 1, 1997 (FRL–5578–
3).
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www.epa.gov/
regulations/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 Order 12866 (58 FR 51735,
October 4, 1993) and Executive Order
13563 (76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden under the
PRA, 44 U.S.C. 3501 et seq. Facilities
that are affected by the rule are already
required to report their industrial
classification codes on the approved
reporting forms under EPCRA section
313 and PPA section 6607. In addition,
OMB has previously approved the
information collection activities
involving Form R and Form A as
contained in 40 CFR part 372 under
OMB Control No. 20070–0212 (EPA ICR
No. 2613.04).
Under the PRA, an agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information, unless it displays a
currently valid OMB control number.
The OMB control numbers are
displayed either by publication in the
Federal Register or by other appropriate
means, such as on the related collection
instrument or form, if applicable. The
display of OMB control numbers for
certain EPA regulations is consolidated
in 40 CFR part 9.
C. 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, 5 U.S.C. 601 et seq. In
making this determination, EPA
concludes that the impact of concern for
this rule is any significant adverse
economic impact on small entities and
that the Agency is certifying that this
rule will not have a significant
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economic impact on a substantial
number of small entities because this
rule has no net burden on the small
entities subject to the rule. This rule
adds no new reporting requirements and
there is no net increase in respondent
burden and costs. This rule only
updates the NAICS codes already
reported by respondents and makes
other conforming edits to the existing
regulation. As such, this action will not
impose any new 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 imposes 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. Thus,
Executive Order 13132 does not apply
to this action.
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), because it does 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
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern 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.
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Federal Register / Vol. 87, No. 227 / Monday, November 28, 2022 / Rules and Regulations
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001), because it is not a significant
regulatory action under Executive Order
12866 and has not otherwise been
designated as a significant energy action
by the Administrator of the Office of
Information and Regulatory Affairs.
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.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) directs federal
agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations (people of color) and lowincome populations. EPA believes that
updating the list of NAICS codes subject
to TRI reporting does not concern
human health or environmental
311—Food Manufacturing .......................
312—Beverage and Tobacco Product
Manufacturing.
313—Textile Mills ....................................
314—Textile Product Mills .......................
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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.
VerDate Sep<11>2014
16:18 Nov 25, 2022
conditions and therefore cannot be
evaluated with respect to potentially
disproportionate and adverse effects on
people of color, low-income populations
and/or indigenous peoples.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5
U.S.C. 801 et seq., and the 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: November 15, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
Therefore, for the reasons set forth in
the preamble, 40 CFR chapter I is
amended as follows:
PART 372—TOXIC CHEMICAL
RELEASE REPORTING: COMMUNITY
RIGHT-TO-KNOW
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, paragraph (b), and
adding paragraph (d) to read as follows:
■
§ 372.22 Covered facilities for toxic
chemical release reporting.
A facility is a covered facility for a
particular calendar year, and must
report under § 372.30, if the facility
meets either all of the criteria in
paragraphs (a), (b), and (c) of this
section, or all of the criteria in
paragraphs (c) and (d) of this section, for
that calendar year.
*
*
*
*
*
(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, 2022, for reporting year 2022 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:
*
*
*
*
*
(d) The Administrator determined
that applying the 42 U.S.C. 11023
requirements to the facility was
warranted, pursuant to 42 U.S.C.
11023(b)(2) and § 372.20(b).
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 20–39.
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.
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 315290—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.
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Federal Register / Vol. 87, No. 227 / Monday, November 28, 2022 / Rules and Regulations
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 .............
212323—Kaolin, Clay, and Ceramic and
Refractory Minerals Mining.
212390—Other Nonmetallic Mineral Mining and Quarrying.
488390—Other Support Activities for
Water Transportation.
512230—Music Publishers ......................
512250—Record Production and Distribution.
5131—Newspaper, Periodical, Book, and
Directory Publishers.
516210—Media Streaming Distribution
Services, Social Networks, and Other
Media Networks and Content Providers.
519290—Web Search Portals and All
Other Information Services.
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.
72897
Except 327110—Exception is limited to facilities previously classified under SIC 5719, Miscellaneous Home Furnishings
Stores.
Except 334610—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
Elsewhere Classified.
Except 339115—Exception is limited to
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 Stores, Not
lens grinding facilities previously classified under SIC 5995, Optical Goods Stores.
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 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 8999, Services, Not Elsewhere Classified.
Limited to facilities previously classified under SIC 3652, Phonograph Records and Prerecorded Audio Tapes and Disks.
Except for facilities primarily engaged in web search portals and except for facilities previously classified under SIC 7331,
Direct Mail Advertising Services and SIC 8999, Services Not Elsewhere Classified.
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 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.
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(c) NAICS codes that correspond to
SIC codes other than SIC codes 20–39.
211130—Natural Gas Extraction ............. Limited to facilities classified under SIC 1321, Natural Gas Liquids.
212114—Surface Coal Mining.
212115—Underground Coal Mining.
212220—Gold Ore and Silver Ore Mining.
212230—Copper, Nickel, Lead and Zinc
Mining.
212290—Other Metal Ore Mining ........... Limited to facilities previously classified under SIC 1061, Ferroalloy Ores, Except Vanadium (nickel); and facilities previously classified under SIC 1099, Miscellaneous Metal Ores, Not Elsewhere Classified.
221111—Hydroelectric Power GeneraLimited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.
tion.
221112—Fossil Fuel Electric Power Gen- Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.
eration.
221113—Nuclear Electric Power Genera- Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.
tion.
221114—Solar Electric Power GeneraLimited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.
tion.
221115—Wind Electric Power GeneraLimited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.
tion.
221116—Geothermal Electric Power
Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.
Generation.
221117—Biomass Electric Power GenLimited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.
eration.
221118—Other Electric Power GeneraLimited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.
tion.
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221121—Electric Bulk Power Transmission and Control.
221122—Electric Power Distribution .......
221210—Natural Gas Distribution ...........
221330—Steam and Air Conditioning
Supply.
424690—Other Chemical and Allied
Products Merchant Wholesalers.
424710—Petroleum Bulk Stations and
Terminals.
425120—Wholesale Trade Agents and
Brokers.
562112—Hazardous Waste Collection ....
562211—Hazardous Waste Treatment
and Disposal.
562212—Solid Waste Landfill .................
562213—Solid Waste Combustors and
Incinerators.
562219—Other Nonhazardous Waste
Treatment and Disposal.
562920—Materials Recovery Facilities ...
*
*
*
*
Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.
Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.
Limited to facilities previously classified under SIC 4931, Electric and Other Services Combined and facilities previously
classified under SIC 4939, Combination Utilities, Not Elsewhere Classified.
Limited to facilities previously classified under SIC 4939, Combination Utilities, 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.
*
[FR Doc. 2022–25375 Filed 11–25–22; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 365, 387 and 390
[Docket No. FMCSA–2021–0188]
Applicability of the Registration,
Financial Responsibility, and Safety
Regulations to Motor Carriers of
Passengers
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Interpretive rule; correction.
AGENCY:
In an interpretive rule
published in the Federal Register on
November 15, 2022, FMCSA added
appendices to the Federal Motor Carrier
Safety Regulations (FMCSRs) to explain
existing statutes and regulations FMCSA
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SUMMARY:
VerDate Sep<11>2014
16:18 Nov 25, 2022
Jkt 259001
administers related to: the applicability
of the FMCSRs, including the financial
responsibility regulations, to motor
carriers of passengers operating in
interstate commerce, including
limitations on such applicability based
on characteristics of the vehicle
operated or the scope of operations
conducted; and the applicability of
commercial operating authority
registration based on the Agency’s
jurisdiction over motor carriers of
passengers, regardless of vehicle
characteristics, when operating for-hire
in interstate commerce. The interpretive
rule contained an error in the docket
number, errors in the address section,
and errors in the SUPPLEMENTARY
INFORMATION section.
DATES: This correction is effective
November 28, 2022. Comments on the
interpretive rule must still be received
on or before January 17, 2023.
FOR FURTHER INFORMATION CONTACT: Mr.
Peter Chandler, Team Leader, Passenger
Carrier Safety Division, (202) 366–5763,
peter.chandler@dot.gov.
SUPPLEMENTARY INFORMATION:
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In FR Doc. 2022–24089 appearing on
page 68367 in the Federal Register of
November 15, 2022, the following
corrections are made:
1. On page 68367, in the third
column, remove the docket number
which reads ‘‘FMCSA–2020–0188’’ and
add in its place ‘‘FMCSA–2021–0188’’.
2. On page 68368, in the first column,
under addresses, remove ‘‘FMCSA–
2016–0352’’ and add in its place
‘‘FMCSA–2021–0188’’ in both places it
appears.
3. On page 68368, in the second
column, under submitting comments,
remove ‘‘FMCSA–2020–0188’’ and add
in its place ‘‘FMCSA–2021–0188’’ in
both places it appears.
4. On page 68368, in the third
column, under submitting comments,
remove ‘‘FMCSA–2020–0188’’ and add
in its place ‘‘FMCSA–2021–0188’’.
Issued under authority delegated in 49 CFR
1.87.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022–25443 Filed 11–25–22; 8:45 am]
BILLING CODE 4910–EX–P
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]]>Agencies
[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Rules and Regulations]
[Pages 72891-72898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25375]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372
[EPA-HQ-OPPT-2022-0387; FRL-9529-02-OCSPP]
RIN 2070-AL09
Community Right-to-Know; Adopting 2022 North American Industry
Classification System (NAICS) Codes for Toxics Release Inventory (TRI)
Reporting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
updates to 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) 2022 NAICS
code revision. OMB updates the NAICS codes every five years. EPA is
implementing the 2022 codes for TRI Reporting Year 2022 (i.e.,
facilities reporting to TRI are required to use 2022 NAICS codes on
reports that are due to the Agency by July 1, 2023). The actual data
required by a TRI form does not change as a result of this rulemaking,
nor does the rule affect the universe of TRI reporting facilities that
are required to submit reports to the Agency under the Emergency
Planning and Community Right-to-Know Act (EPCRA).
DATES: This final rule is effective on December 28, 2022.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2022-0387, is available online
at https://www.regulations.gov or in-person at the Office of Pollution
Prevention and Toxics (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: Rachel Dean, Data Collection
Branch, Data Gathering and Analysis Division (Mail code: 7406M), Office
of Pollution Prevention and Toxics, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number:
(202) 566-1303; email address: [email protected].
For general information contact: The Emergency Planning and
Community Right-to-Know Information Center; telephone number: (800)
424-9346 or (703) 348-5070 in the Washington, DC Area and
International; website: https://www.epa.gov/aboutepa/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
[[Page 72892]]
employee hours per year that manufacture, process, or otherwise use
toxic chemicals listed on the TRI, and that are required under section
313 of 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; FRL-9660-9),
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 2017 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*,
113310, 211130* (corresponds to SIC 2819), 212324*, 212325*, 212393*,
212399*, 488390*, 511110, 511120, 511130, 511140*, 511191, 511199,
512230*, 512250*, 519130*, 541713*, 541715*, or 811490*.
(*Exceptions and/or limitations exist for these NAICS codes.)
Facilities included in the following NAICS manufacturing
codes (corresponding to SIC codes other than 20-39): 211130
(corresponds to SIC code 1321); or 212111, 212112, 212113, (corresponds
to SIC code 12, Coal Mining (except 1241)); 212221, 212222, 212230,
212299 (corresponds to SIC code 10, Metal Mining (except 1011, 1081,
and 1094)); or 22111*, 221121, 221122, 221330 (limited to facilities
that combust coal and/or oil for the purpose of generating power
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, Not Elsewhere Classified)); 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).
(*Exceptions and/or limitations exist for these NAICS codes.)
Federal facilities.
Facilities that the EPA Administrator has specifically
required to report to TRI pursuant to a determination under EPCRA
section 313(b)(2).
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 EPCRA sections 313(g)(1) and 328,
42 U.S.C. 11023(g)(1) and 11048. In general, EPCRA section 313 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. EPCRA section 313(g)(1)
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 authorizes EPA to ``prescribe
such regulations as may be necessary to carry out this chapter.'' 42
U.S.C. 11048.
C. Why is EPA taking this action?
In the Federal Register of April 9, 1997 (62 FR 17288), OMB
published a final decision to adopt the NAICS economic classification
system, replacing the Standard Industry Classification (SIC) system
which had traditionally been used by the Federal Government for
collecting and organizing industry-related statistics. Consistent with
EPCRA section 313 and PPA section 6607, on June 6, 2006, EPA amended 40
CFR part 372 to change TRI reporting from requiring SIC codes to
requiring NAICS codes (71 FR 32464; FRL-8180-2) (Ref. 1). This
amendment to the regulation included the 2002 NAICS codes for TRI
reporting. OMB revises the NAICS codes every five years. Therefore, EPA
subsequently updated the NAICS codes in:
June 9, 2008 (73 FR 32466; FRL-8577-1) to include the 2007
codes,
July 18, 2013 (78 FR 42875; FRL-9825-8) (Ref. 2) to
include the 2012 NAICS codes, and
December 26, 2017 (82 FR 60906; FRL-9970-02) to include
the 2017 NAICS codes.
In the Federal Register of December 21, 2021, OMB announced updated
NAICS codes for 2022 (86 FR 72277). With this final rule, EPA is
amending 40 CFR part 372 to reflect OMB's updated 2022 NAICS codes.
NAICS codes are used by EPA's TRI program, which provides the
ability to track releases and other waste management activities (among
other information) of chemicals by a sector and/or facility basis. This
detailed information is made public so that community members,
industrial facilities, research organizations, and federal government
can make informed decisions that impact human health and the
environment. Also, comparative analysis by sector or facility can
demonstrate the volume of a specific chemical released to air, water,
and land. In addition, NAICS codes help provide a snapshot of pollution
prevention efforts at each facility by demonstrating results of toxic
emissions reductions across industry sectors.
D. What action is the Agency taking?
Given OMB's revisions to the NAICS codes that became effective
January 1, 2022, EPA is amending 40 CFR part 372 to update the 2022
NAICS codes for TRI reporting. In addition, EPA is including NAICS
codes in 40 CFR part 372 for facilities that are covered under TRI's
SIC codes but had been inadvertently excluded in past TRI NAICS
rulemakings. EPA is also updating the CFR to account for the
discretionary authority provision provided in EPCRA section 313(b)(2)
(42 U.S.C. 11023(b)(2)). Lastly, EPA is updating 40 CFR part 372.22(b)
to reflect the revised codes and TRI reporting years for which the 2022
NAICS codes are applicable.
E. 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.
II. Background
A. What did EPA propose?
In a proposed rule issued in July 2022 (Ref. 3), EPA proposed to
update the list of NAICS codes subject to TRI reporting to reflect OMB
2022 NAICS code
[[Page 72893]]
revision. EPA did not propose changes to the TRI reporting
requirements.
B. Did EPA receive any public comments?
The Agency received one comment on the proposed rule, which
expressed general support for the updates.
III. Summary of the Final Rule
With this action, EPA is finalizing the proposed updates to the
NAICS codes with a few corrections as discussed in this unit.
A. NAICS Codes Updated To Conform With the 2022 NAICS Code
Modifications
Due to the 2022 NAICS code modifications, some facilities will need
to modify their reported NAICS codes as outlined in Table 1, 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. Table 1 also includes notes where a 2022
NAICS code is the result of merging 2017 NAICS codes. In those cases,
EPA is clarifying which subset of the 2022 NAICS code is covered by
TRI. (Note that non-TRI-covered NAICS codes are not listed in the
table.) A complete listing of all TRI-covered facilities can be found
in the regulations at 40 CFR 372.23.
Table 1--Modified TRI Reporting NAICS Codes
------------------------------------------------------------------------
2017 NAICS 2017 NAICS and U.S. 2022 NAICS 2022 NAICS and U.S.
code description code description
------------------------------------------------------------------------
212111 Bituminous Coal and 212114 Surface Coal
Lignite Surface Mining.
Mining.
212112 Bituminous Coal 212115 Underground Coal
Underground Mining. Mining.
212113 Anthracite Mining-- 212114 Surface Coal
anthracite surface Mining.
mining activity.
212113 Anthracite Mining-- 212115 Underground Coal
anthracite Mining.
underground mining
activity.
212221 Gold Ore Mining.... 212220 Gold Ore and Silver
Ore Mining.
212222 Silver Ore Mining.. '' ''
212299 All Other Metal Ore 212290 Other Metal Ore
Mining. Mining.
This merges both
TRI-covered and
non-TRI-covered
NAICS codes. Only
212299: All Other
Metal Ore Mining
was covered by
TRI. TRI notes
that only ``All
Other Metal Ore
Mining''
facilities under
NAICS code 212290
are required to
report.
212324 Kaolin and Ball 212323 Kaolin, Clay, and
Clay Mining. Ceramic and
Refractory
Minerals Mining.
212325 Clay and Ceramic '' ''
and Refractory
Minerals Mining.
212393 Other Chemical and 212390 Other Nonmetallic
Fertilizer Mineral Mineral Mining and
Mining. Quarrying.
212399 All Other '' ''
Nonmetallic This merges both
Mineral Mining. TRI-covered and
non-TRI-covered
NAICS codes. Only
212393 and 212399
were covered by
TRI. TRI notes
that only ``Other
Chemical and
Fertilizer Mineral
Mining'' and ``All
Other Nonmetallic
Mineral Mining''
facilities under
NAICS code 212390
are required to
report.
315110 Hosiery and Sock 315120 Apparel Knitting
Mills. Mills.
315190 Other Apparel '' ''
Knitting Mills.
315220 Men's and Boys' Cut 315250 Cut and Sew Apparel
and Sew Apparel Manufacturing
Manufacturing. (except
Contractors).
315240 Women's, Girls', '' ''
and Infants' Cut
and Sew Apparel
Manufacturing.
315280 Other Cut and Sew '' ''
Apparel
Manufacturing.
316992 Women's Handbag and 316990 Other Leather and
Purse Allied Product
Manufacturing. Manufacturing.
316998 All Other Leather '' ''
Good and Allied
Product
Manufacturing.
321213 Engineered Wood 321215 Engineered Wood
Member (except Member
Truss) Manufacturing.
Manufacturing.
321214 Truss Manufacturing '' ''
322121 Paper (except 322120 Paper Mills.
Newsprint) Mills.
322122 Newsprint Mills.... '' ''
325314 Fertilizer (Mixing 325314 Fertilizer (Mixing
Only) 325315 Only)
Manufacturing. Manufacturing.
Compost
Manufacturing.
333244 Printing Machinery 333248 All Other
Equipment Industrial
Manufacturing. Machinery
Manufacturing.
333249 Other Industrial '' ''
Machinery
Manufacturing.
333314 Optical Instrument 333310 Commercial and
and Lens Service Industry
Manufacturing. Machinery
Manufacturing.
333316 Photographic and '' ''
Photocopying
Equipment
Manufacturing.
333318 Other Commercial '' ''
and Service
Industry Machinery
Manufacturing.
333997 Scale and Balance 333998 All Other
Manufacturing. Miscellaneous
General Purpose
Machinery
Manufacturing.
333999 All Other '' ''
Miscellaneous
General Purpose
Machinery
Manufacturing.
334613 Blank Magnetic and 334610 Manufacturing and
Optical Recording Reproducing
Media Magnetic and
Manufacturing. Optical Media.
334614 Software and Other '' ''
Prerecorded
Compact Disc,
Tape, and Record
Reproducing.
335110 Electric Lamp Bulb 335139 Electric Lamp Bulb
and Part and Other Lighting
Manufacturing. Equipment
Manufacturing.
335121 Residential 335131 Residential
Electric Lighting Electric Lighting
Fixture Fixture
Manufacturing. Manufacturing.
335122 Commercial, 335132 Commercial,
Industrial, and Industrial, and
Institutional Institutional
Electric Lighting Electric Lighting
Fixture Fixture
Manufacturing. Manufacturing.
335129 Other Lighting 335139 Electric Lamp Bulb
Equipment and Other Lighting
Manufacturing. Equipment
Manufacturing.
335911 Storage Battery 335910 Battery
Manufacturing. Manufacturing.
335912 Primary Battery '' ''
Manufacturing.
336111 Automobile 336110 Automobile and
Manufacturing. Light Duty Motor
Vehicle
Manufacturing.
336112 Light Truck and '' ''
Utility Vehicle
Manufacturing.
337124 Metal Household 337126 Household Furniture
Furniture (except Wood and
Manufacturing. Upholstered)
Manufacturing.
337125 Household Furniture '' ''
(except Wood and
Metal)
Manufacturing.
[[Page 72894]]
425110 Business to 425120 Wholesale Trade
Business Agents and
Electronic Markets. Brokers.
511110 Newspaper 513110 Newspaper
Publishers. Publishers.
511120 Periodical 513120 Periodical
Publishers. Publishers.
511130 Book Publishers.... 513130 Book Publishers.
511140 Directory and 513140 Directory and
Mailing List Mailing List
Publishers. Publishers.
511191 Greeting Card 513191 Greeting Card
Publishers. Publishers.
511199 All Other 513199 All Other
Publishers. Publishers.
519130 Internet Publishing 513110 Newspaper
and Broadcasting Publishers.
and Web Search
Portals--Internet
Newspaper
Publishers
activity.
519130 Internet Publishing 513120 Periodical
and Broadcasting Publishers.
and Web Search
Portals--Internet
Periodical
Publishers
activity.
519130 Internet Publishing 513130 Book Publishers.
and Broadcasting
and Web Search
Portals--Internet
Book Publishers
activity.
519130 Internet Publishing 513140 Directory and
and Broadcasting Mailing List
and Web Search Publishers.
Portals--Internet
Directory and
Mailing List
Publishers
activity.
519130 Internet Publishing 513191 Greeting Card
and Broadcasting Publishers.
and Web Search
Portals for
Internet Greeting
Card Publishers
activity.
519130 Internet Publishing 513199 All Other
and Broadcasting Publishers.
and Web Search
Portals for All
other Internet
Publishers
activity.
519130 Internet Publishing 516210 Media Streaming
and Broadcasting Distribution
and Web Search Services, Social
Portals--Internet Networks, and
Broadcasting Other Media
activity. Networks and
Content Providers.
This merges both
TRI-covered and
non-TRI-covered
NAICS codes. Only
519130: Internet
Publishing and
Broadcasting and
Web Search Portals
was covered by
TRI. TRI notes
that only certain
``Internet
Broadcasting''
facilities under
NAICS code 516210
are required to
report.
519130 Internet Publishing 519290 Web Search Portals
and Broadcasting and All Other
and Web Search Information
Portals--Web Services.
Search Portals This merges both
activity. TRI-covered and
non-TRI-covered
NAICS codes. Only
519130: Internet
Publishing and
Broadcasting and
Web Search Portals
was covered by
TRI. TRI notes
that only certain
``Web Search
Portals''
facilities under
NAICS code 519290
are required to
report.
------------------------------------------------------------------------
B. Listing of Certain NAICS Codes in the Utilities Industry Sector
Additionally, EPA is finalizing the listing of the following NAICS
manufacturing codes at 40 CFR 372.23 that are subject to TRI reporting
requirements: 221114--Solar Electric Power Generation; 221115--Wind
Electric Power Generation; 221116--Geothermal Electric Power
Generation; and 221117--Biomass Electric Power Generation). In 1997,
when EPA added the electric utility industry sector to the scope of the
TRI, the Agency qualified the addition to include all facilities which
``burn any quantity of coal or oil to generate power for distribution
in commerce.'' (62 FR 23834, May 1, 1997; FRL-5578-3) (Ref. 4).
Further, the Agency clearly stated that this addition includes any
facility classified under SIC codes 4911, 4931, or 4939 that combusts
coal and/or oil for the purpose of generating power for distribution in
commerce. EPA clearly stated that this coverage includes a facility
that burns ``any quantity'' of coal or oil to generate power for
distribution in commerce, noting examples where a facility might burn
coal or oil for purposes other than distribution in commerce and thus
not fit the qualifier provided for the industry sector. (62 FR 23834,
23863) (Ref. 4).
The 2007 NAICS to 2012 NAICS revision split NAICS 221119 (a NAICS
code at the time covered by TRI due to its crosswalk to SIC codes 4911,
4931, and 4939) into multiple codes (i.e., 221114, 221115, 221116,
221117, and 221118). When EPA updated the set of 2007 NAICS codes used
by TRI to conform to the 2012 NAICS revision, the Agency listed only
221118, neglecting to include 221114, 221115, 221116, and 221117. (78
FR 42875) (Ref. 2). However, as provided by the 1997 rule that included
electricity generating facilities that combust coal and/or oil for the
purpose of generating power for distribution in commerce, these NAICS
codes should have been included in the CFR. Further, because the CFR
lists SIC codes 4911, 4931, and 4939 as being regulated by TRI,
facilities in NAICS codes 221114, 221115, 221116, and 221117 are
regulated by TRI should they combust coal and/or oil for the purpose of
generating power for distribution in commerce despite the Agency's
oversight in terms of failing to list these NAICS codes in the CFR.
Therefore, facilities identifying with these NAICS codes (i.e., 221114,
221115, 22116, and 221117) are covered under TRI reporting regulation
and EPA is addressing its previous oversight by adding these NAICS
codes to 40 CFR 372.23.
Similarly, in the 2006 rule to include NAICS codes in the
regulations for TRI, EPA neglected to include NAICS code 221210. SIC
codes 4931 and 4939 are covered TRI reporting codes (40 CFR 372.23(b),
62 FR 23834). Both of these SIC codes crosswalk to multiple NAICS codes
which are listed on the CFR, except for 221210. EPA acknowledges it was
an oversight not to include 221210 in the 2006 rule adopting NAICS
codes for TRI reporting (71 FR 32464) (Ref. 1) and is adding 221210 to
40 CFR 372.23 for this NAICS update rule.
Crosswalk tables between all 2017 NAICS codes and 2022 NAICS codes
can be found on the internet at https://www.census.gov//.
C. Updates to 40 CFR Part 372 To Accommodate EPCRA Section 313(b)(2)
As authorized under EPCRA section 313(b)(2), the EPA Administrator
may determine that a particular facility is subject to the requirements
of EPCRA section 313(a) on the basis of the toxicity of a chemical, the
facility's proximity to other facilities that release the chemical or
to population centers, the history of releases of the chemical at
[[Page 72895]]
the facility, or other factors the Administrator deems appropriate.
This authority has been codified previously in TRI regulations,
describing the process for modifying the list of covered facilities (40
CFR 372.20(b)). EPA is codifying this discretionary authority at 40 CFR
372.22, which describes the criteria to determine whether a facility
must report to TRI for a certain calendar year. This edit is a
conforming edit to accommodate the longstanding discretionary authority
under EPCRA section 313(b)(2), and this edit does not alter the
universe of EPCRA section 313 reporters or any TRI reporting
requirements. This additional criteria for facilities reporting to TRI
will be added to 40 CFR 372.22.
D. Updates to 40 CFR 372.22(b)
EPA is finalizing conforming edits at 40 CFR 372.22(b), which
identifies the NAICS code version to use for TRI reporting purposes.
The finalized language reflects the updated version of NAICS codes and
the TRI reporting years for which they are applicable. The proposed
regulatory text that accompanied the notice of proposed rulemaking did
not reflect this conforming edit which is needed to reflect the revised
codes and TRI reporting years for which the 2022 NAICS codes are
applicable. Accordingly, this final rule also updates the NAICS code
versions and reporting years listed at 40 CFR 372.22(b).
IV. References
The following is a listing of the documents that are specifically
referenced in this document. The docket includes these documents and
other information considered by EPA, including documents that are
referenced within the documents that are included in the docket, even
if the referenced document is not physically located in the docket. For
assistance in locating these other documents, please consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.
1. U.S. EPA. Community Right-to-Know; Toxic Chemical Release
Reporting Using North American Industry Classification System
(NAICS); Final Rule. Federal Register. 71 FR 32464, June 6, 2006
(FRL-8180-2).
2. U.S. EPA. Community Right-to-Know; Adoption of 2012 North
American Industry Classification System (NAICS) Codes for Toxics
Release Inventory (TRI) Reporting; Final Rule. Federal Register. 78
FR 42875, July 18, 2013 (FRL-9825-8).
3. U.S. EPA. Community Right-To-Know; Adopting 2022 North American
Industry Classification System (NAICS) Codes for Toxics Release
Inventory (TRI) Reporting; Proposed Rule. Federal Register. 87 FR
43772, July 22, 2022 (FRL-9529-01-OCSPP).
4. U.S. EPA. Addition of Facilities in Certain Industry Sectors;
Revised Interpretation of Otherwise Use; Toxic Release Inventory
Reporting; Community Right-to-Know; Final Rule. Federal Register. 62
FR 23834, May 1, 1997 (FRL-5578-3).
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/regulations/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 Order 12866 (58 FR 51735, October 4, 1993)
and Executive Order 13563 (76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA, 44 U.S.C. 3501 et seq. Facilities that are affected by
the rule are already required to report their industrial classification
codes on the approved reporting forms under EPCRA section 313 and PPA
section 6607. In addition, OMB has previously approved the information
collection activities involving Form R and Form A as contained in 40
CFR part 372 under OMB Control No. 20070-0212 (EPA ICR No. 2613.04).
Under the PRA, an agency may not conduct or sponsor, and a person
is not required to respond to, a collection of information, unless it
displays a currently valid OMB control number. The OMB control numbers
are displayed either by publication in the Federal Register or by other
appropriate means, such as on the related collection instrument or
form, if applicable. The display of OMB control numbers for certain EPA
regulations is consolidated in 40 CFR part 9.
C. 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, 5
U.S.C. 601 et seq. In making this determination, EPA concludes that the
impact of concern for this rule is any significant adverse economic
impact on small entities and that the Agency is certifying that this
rule will not have a significant economic impact on a substantial
number of small entities because this rule has no net burden on the
small entities subject to the rule. This rule adds no new reporting
requirements and there is no net increase in respondent burden and
costs. This rule only updates the NAICS codes already reported by
respondents and makes other conforming edits to the existing
regulation. As such, this action will not impose any new 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 imposes 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. Thus,
Executive Order 13132 does not apply to this action.
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), because it does
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
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern 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.
[[Page 72896]]
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866 and has not otherwise been designated as a
significant energy action by the Administrator of the Office of
Information and Regulatory Affairs.
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.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) directs
federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color) and low-income
populations. EPA believes that updating the list of NAICS codes subject
to TRI reporting does not concern human health or environmental
conditions and therefore cannot be evaluated with respect to
potentially disproportionate and adverse effects on people of color,
low-income populations and/or indigenous peoples.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5 U.S.C. 801 et seq., and the
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: November 15, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
Therefore, for the reasons set forth in the preamble, 40 CFR
chapter I is amended as follows:
PART 372--TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW
0
1. The authority citation for part 372 continues to read as follows:
Authority: 42 U.S.C. 11023 and 11048.
0
2. Amend Sec. 372.22 by revising the introductory text, paragraph (b),
and adding paragraph (d) to read as follows:
Sec. 372.22 Covered facilities for toxic chemical release reporting.
A facility is a covered facility for a particular calendar year,
and must report under Sec. 372.30, if the facility meets either all of
the criteria in paragraphs (a), (b), and (c) of this section, or all of
the criteria in paragraphs (c) and (d) of this section, for that
calendar year.
* * * * *
(b) The facility is in a Standard Industrial Classification (SIC)
(as in effect on January 1, 1987) major group or industry code listed
in Sec. 372.23(a), for which the corresponding North American Industry
Classification System (NAICS) (as in effect on January 1, 2022, for
reporting year 2022 and thereafter) subsector and industry codes are
listed in Sec. Sec. 372.23(b) and 372.23(c) by virtue of the fact that
it meets one of the following criteria:
* * * * *
(d) The Administrator determined that applying the 42 U.S.C. 11023
requirements to the facility was warranted, pursuant to 42 U.S.C.
11023(b)(2) and Sec. 372.20(b).
0
3. Amend Sec. 372.23 by revising paragraphs (b) and (c) to read as
follows:
Sec. 372.23 SIC and NAICS codes to which this Part applies.
* * * * *
(b) NAICS codes that correspond to SIC codes 20-39.
------------------------------------------------------------------------
------------------------------------------------------------------------
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.
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 315290--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.
[[Page 72897]]
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 334610--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.
212323--Kaolin, Clay, and Ceramic Limited to facilities operating
and Refractory Minerals Mining. without a mine or quarry and
previously classified under SIC
3295, Minerals and Earths, Ground
or Otherwise Treated.
212390--Other Nonmetallic Mineral Limited to facilities previously
Mining and Quarrying. 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.
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.
5131--Newspaper, Periodical, Book, Except for facilities primarily
and Directory Publishers. engaged in web search portals and
except for facilities previously
classified under SIC 7331, Direct
Mail Advertising Services and SIC
8999, Services Not Elsewhere
Classified.
516210--Media Streaming Limited to Internet publishing
Distribution Services, Social facilities previously classified
Networks, and Other Media under SIC 2711, Newspapers:
Networks and Content Providers. 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.
519290--Web Search Portals and All Limited to Internet publishing
Other Information Services. 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.
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.
------------------------------------------------------------------------
(c) NAICS codes that correspond to SIC codes other than SIC codes
20-39.
------------------------------------------------------------------------
------------------------------------------------------------------------
211130--Natural Gas Extraction.... Limited to facilities classified
under SIC 1321, Natural Gas
Liquids.
212114--Surface Coal Mining.......
212115--Underground Coal Mining...
212220--Gold Ore and Silver Ore
Mining.
212230--Copper, Nickel, Lead and
Zinc Mining.
212290--Other Metal Ore Mining.... Limited to facilities previously
classified under SIC 1061,
Ferroalloy Ores, Except Vanadium
(nickel); and facilities previously
classified under SIC 1099,
Miscellaneous Metal Ores, Not
Elsewhere Classified.
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.
221114--Solar Electric Power Limited to facilities that combust
Generation. coal and/or oil for the purpose of
generating power for distribution
in commerce.
221115--Wind Electric Power Limited to facilities that combust
Generation. coal and/or oil for the purpose of
generating power for distribution
in commerce.
221116--Geothermal Electric Power Limited to facilities that combust
Generation. coal and/or oil for the purpose of
generating power for distribution
in commerce.
221117--Biomass 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.
[[Page 72898]]
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.
221210--Natural Gas Distribution.. Limited to facilities previously
classified under SIC 4931, Electric
and Other Services Combined and
facilities previously classified
under SIC 4939, Combination
Utilities, Not Elsewhere
Classified.
221330--Steam and Air Conditioning Limited to facilities previously
Supply. classified under SIC 4939,
Combination Utilities, Not
Elsewhere Classified.
424690--Other Chemical and Allied
Products Merchant Wholesalers.
424710--Petroleum Bulk Stations
and Terminals.
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.
------------------------------------------------------------------------
* * * * *
[FR Doc. 2022-25375 Filed 11-25-22; 8:45 am]
BILLING CODE 6560-50-P
