[Federal Register Volume 68, Number 55 (Friday, March 21, 2003)]
[Proposed Rules]
[Pages 13872-13887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6582]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[TRI-2002-0003; FRL-7469-7]
RIN 2025-AA10


Community Right-to-Know; Toxic Chemical Release Reporting Using 
North American Industry Classification System (NAICS); Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On April 9, 1997, the Office of Management and Budget (OMB)

[[Page 13873]]

published a Federal Register Notice of final decision to adopt the 
North American Industry Classification System (NAICS) for the United 
States. NAICS is a new industry classification system that will replace 
the Standard Industrial Classification (SIC) system that has 
traditionally been used by government agencies for collecting 
statistical data and for other administrative and regulatory purposes. 
Under section 313 of the Emergency Planning and Community Right-to- 
Know Act of 1986 (EPCRA) and section 6607 of the Pollution Prevention 
Act of 1990 (PPA), facilities that are classified in specified SIC 
codes are subject to Toxics Release Inventory (TRI) reporting. In this 
notice, EPA is proposing to include in the regulations the NAICS codes 
that correspond to the SIC codes that are currently subject to the TRI 
reporting requirements. EPA is also proposing that faciliteis that are 
subject to TRI reporting requirements report both SIC and NAICS codes 
on EPCRA section 313 reporting forms for the first full reporting 
period after the effective date of the final rule. Thereafter, 
facilities that are subject to TRI reporting requirements would be 
required to report their NAICS codes only. Finally, EPA is proposing to 
amend the regulations to extend the exemption provided therein to 
owners of covered facilities who lease, with no other business 
interest, such facilities to operators of establishments that are 
classified in any SIC code or NAICS code that is subject to TRI 
requirements. EPA is soliciting comments on these proposals and on a 
list of NAICS codes that will correspond to the SIC codes that are 
currently subject to TRI reporting requirements.

DATES: Written comments, identified by the docket control number OEI-
10017, must be received by EPA on or before May 20, 2003.

ADDRESSES: Comments may be submitted by mail: Send three copies of your 
comments to: Document Control Office, Office of Environmental 
Information (OEI), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460. Comments may also be 
submitted electronically, or in person. Please follow the detailed 
instructions for each method as provided in Unit I.C and I.D. of the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For general information on TRI, 
contact the Emergency Planning and Community Right-to-Know Hotline at 
(800) 424-9346 or (703) 412-9810, TDD (800) 553-7672, http://www.epa.gov/epaoswer/hotline/. For specific information on this 
rulemaking contact: Judith Kendall, Toxics Releases Inventory Program 
Divison (2844), OEI, Environmental Protection Agency, Ariel Rios 
Building, 1200 Pennsylvania Ave. NW., Washington, DC 20460, Telephone: 
202-566-0750; Fax: 202-566-0741; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Notice Apply to Me?

    Entities that may be affected by this action are those facilities 
that have 10 or more full time employees or the equivalent 20,000 hours 
per year, that manufacturer, process, or otherwise use certain toxic 
chemicals listed on the Toxics Release Inventory (TRI), and which are 
required under section 313 of the Emergency Planning and Community 
Right-to-Know Act of 1986 (EPCRA) and section 6607 of the Pollution 
Prevention Act (PPA) to report annually to EPA and States their 
environmental releases and other waste management quantities of such 
chemicals. Under Executive Order 13148, revised April 26, 2000 (65 FR 
24599), all of federal facilities are to comply with the provisions set 
forth in Section 313 of EPCRA and section 6607 of the PPA. Federal 
facilities are to comply with those provisions without regard to SIC or 
NAICS delineations.
    Potentially affected categories and entities may include, but are 
not limited to:

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           Category            Examples of potentially affected entities
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Industry.....................  SIC major group codes 10 (except 1011,
                                1081, and 1094), 12 (except 1241), or 20
                                through 39; industry codes 4911, 4931,
                                or 4939 (limited to facilities that
                                combust coal and/or oil for the purpose
                                of generating power for distribution in
                                commerce); or 4953 (limited to
                                facilities regulated under the Resource
                                Conservation and Recovery Act, subtitle
                                C, 42 U.S.C. section 6921 et. seq.), or
                                5169, or 5171, or 7389 (limited to
                                facilities primarily engaged in solvent
                                recovery services on a contract or fee
                                basis).
Federal Government...........  Federal facilities.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding likely to be affected by this action. Other 
types of entities are listed in the table could also be affected. To 
determine whether your facility would be affected by this action, you 
should carefully examine the applicability criteria in part 372, 
subpart B of Title 40 of the Code of Federal Regulations. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed in the FOR FURTHER INFORMATION 
CONTACT section.

B. How Can I Get Copies of This Document and Other Related Information?

    1. In person. EPA has established an official public docket for 
this action under Docket ID No. TRI-2002-0003. The official public 
docket consists of the documents specifically referenced in this 
action, any public comments received, and other information related to 
this action. Although a part of this official docket, the public docket 
does not include Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. The official 
public docket is the collection of materials that is available for 
public viewing at the OEI Docket in the EPA Docket Center, (EPA/DC) EPA 
West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA 
Docket Center Pubic 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 OEI Docket is (202) 566-1752.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the Federal Register 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http:www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public dockets, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket identification number.
    Certain types of information will not be placed in the EPA Docket.

[[Page 13874]]

Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extend 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit I.B. EPA intends to work towards 
providing electronic access to all of the publicly available docket 
materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provided a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.
    For additional information about EPA's electronic public docket 
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket identification number (i.e., ``TRI-2002-2003) in the 
subject line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments. If you wish to 
submit CBI or information that is otherwise protected by statute, 
please follow the instructions in Unit I.D. Do not use EPA Dockets or 
e-mail to submit CBI or information protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. To 
access EPA's electronic public docket from the EPA Internet Home Page, 
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once 
in the system, select ``search,'' and then key in Docket ID No. TRI-
2003-0003. The system is an ``anonymous access'' system, which means 
EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comment may be sent by electronic mail (e-mail) to 
[email protected]. Attention Docket ID No. TRI-2002-0003. In contrast 
to EPA's electronic public docket, EPA's e-mail system is not an 
``anonymous access'' system. If you send an e-mail comment directly to 
the Docket without going through EPA's electronic public docket, EPA's 
e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption. 
All comments and data in electronic form must be identified by the 
docket control number TRI-2002-0003. Electronic comments on this 
document may also be filed online at many Federal Depository Libraries.
    2. By Mail. Send three copies of your comments to: Document Control 
Office, Office of Environmental Information (OEI), U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    3. By Hand Delivery or Courier. Comments may be delivered in person 
or by courier to: EPA Docket Center (EPA/DC) EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC, attention Docket ID No. TRI-
2002-0003.

D. How Should I Handle CBI Information That I Want To Submit to the 
Agency?

    All comments which contain information claimed as CBI must be 
clearly marked as such. Three sanitized copies of any comments 
containing information claimed as CBI must also be submitted and will 
be placed in the public record for this document. Persons submitting 
information any portion of which they believe is entitled to treatment 
as CBI by EPA must assert a business confidentiality claim in 
accordance with 40 CFR 2.203(b) for each such portion. This claim must 
be made at the time that the information is submitted to EPA. 
Information covered by such a claim will be disclosed by EPA only to 
the extent, and by means of the procedures set forth in 40 CFR part 2, 
subpart B. If a confidentiality claim does not accompany the 
information when it is received by EPA, the information may be made 
available to the public by EPA without further notice to the submitter.

[[Page 13875]]

II. What Is EPA's Statutory Authority for Taking This Action?

    This proposed rule is being issued under sections 313(g)(1) and 328 
of EPCRA, 42 U.S.C. 11023(g)(1) and 11048. EPCRA is also referred to as 
Title III of the Superfund Amendments and Reauthorization Act of 1986 
(SARA) (Pub. L. 99-499). In general, section 313 of EPCRA requires 
owners and operators of facilities in specified SIC codes that 
manufacture, process, or otherwise use a listed toxic chemical in 
amounts above specified threshold levels to report certain facility 
specific information about such chemicals, including the annual 
releases and other waste management quantities. Section 313(g)(1) of 
EPCRA requires EPA to publish a uniform toxic chemical release form for 
these reporting purposes, and it also prescribes, in general terms, the 
types of information that must be submitted on the form. Section 
313(g)(1)(A) requires owners and operators of facilities that are 
subject to section 313 requirements to report the principal business 
activities at the facilities. However, Congress provided no guidance as 
to how such activities should be described. In the past, EPA has 
required owners and operators of such facilities to identify their 
principal business activities by reporting, among other things, their 
primary, and any other applicable SIC codes for the facility. Congress 
also granted EPA broad rulemaking authority to allow the Agency to 
fully implement the statute. EPCRA section 328 authorizes the 
``Administrator [to] prescribe such regulations as may be necessary to 
carry out this chapter.'' 42 U.S.C. 11048.
    Consistent with these authorities, EPA is proposing to amend 40 CFR 
part 372 to include the NAICS codes that correspond to the SIC codes 
that are currently subject to section 313 of EPCRA and section 6607 of 
the PPA. EPA is further proposing that owners and operators of 
facilities that are subject to section 313 identify their principal 
business activities by both SIC and NAICS codes for the first full 
reporting year after the effective date of the final rule, and 
thereafter by NAICS code only. Finally, EPA is proposing to amend 40 
CFR 372.38(e) to extend the exemption provided therein to owners of 
covered facilities who lease, with no other business interest, such 
facilities to operators of establishments that are classified in any 
SIC code or NAICS code that is subject to TRI requirements.

III. Overview of Proposed Rule

    In this notice, EPA is proposing to include in 40 CFR part 372 the 
NAICS codes that correspond to the SIC codes that are currently subject 
to TRI reporting requirements. The purpose of this proposal would be to 
facilitate the transition from reporting of SIC codes on TRI reporting 
forms to reporting of NAICS codes. This proposed rule would not affect 
the universe of facilities that is currently required to report under 
section 313 of EPCRA and section 6607 of the PPA because EPA is not 
proposing to add or delete industry groups from the list of industries 
that are currently subject to section 313 reporting requirements. EPA 
would simply be assigning NAICS codes to the SIC codes that are 
currently subject to TRI reporting requirements. Accordingly, 
consistent with the language of section 313(a)(1)(A), SIC codes would 
still remain in the proposed regulatory text as the basis for 
identifying the industries that are subject to TRI requirements.
    EPA is also proposing amendments to 40 CFR 372.38(g) and (h), and 
40 CFR 372.45 to include the NAICS codes that will be subject to the 
exemption and notification requirements of those sections. Finally, EPA 
is proposing to amend 40 CFR 372.38(e) to extend the exemption provided 
therein to owners of covered facilities who lease, with no other 
business interest, such facilities to operators of establishments that 
are classified in any SIC code or NAICS code that is subject to TRI 
reporting requirements.

IV. Background

A. What Is TRI and Which Facilities Are Currently Required To Report to 
TRI?

    Section 313 of EPCRA and section 6607 of the PPA require owners and 
operators of certain facilities called ``covered facilities'' to 
annually report to EPA and State governments their releases and other 
waste management quantities of listed toxic chemicals. 42 U.S.C. 11023, 
13106. In general, a covered facility is one that: (1) Manufactures, 
processes, or otherwise uses one or more listed toxic chemicals in 
excess of specified threshold quantities; (2) has 10 or more full time 
employees or the equivalent 20,000 hours per year, and; (3) is 
classified in an applicable Standard Industrial Classification (SIC) 
code. 42 U.S.C. 11023(b)(1)(A); 40 CFR 372.22. Information collected 
pursuant to section 313 of EPCRA and section 6607 of PPA is organized 
into a national data base called the Toxics Release Inventory (TRI) 
which is readily accessible to the public, researchers, industry, 
government agencies, and other interested parties.
    When Congress enacted EPCRA, it specifically identified the 
manufacturing sector, which included facilities in SIC major group 
codes 20 through 39, as being subject to the reporting requirements of 
section 313. See Section 313(a)(1)(A) which states:

The requirements of this section shall apply to owners and operators 
of facilities that have 10 or more full time employees and that are 
in Standard Industrial Classification Codes 20 through 39 (as in 
effect on July 1, 1985) and that manufactured, processed or 
otherwise used a toxic chemical listed under subsection (c) of this 
section in excess of the quantity of that chemical established under 
subsection (f) of this section during the calendar year for which a 
release form is required under this section.

    In addition, pursuant to section 313(b)(1)(B), EPA added seven 
industry groups to the list of industries required to report to TRI. 
See 62 FR 23833, May 1, 1997 (hereinafter referred to as the Industry 
Expansion Rule). These industries included metal mining, coal mining, 
electrical utilities that combust coal and/or oil for the purpose of 
generating power for distribution in commerce, certain facilities 
regulated under the Resource Conservation and Recovery Act (RCRA) 
subtitle C, chemical wholesalers, petroleum terminals and bulk stations 
and solvent recovery services. As a result, those facilities with the 
following SIC code designations (that meet all other applicable 
threshold criteria for TRI reporting) must report toxic chemical 
releases and other waste management quantities of toxic chemicals each 
year: SIC major group codes 10 (except 1011, 1081, and 1094), 12 
(except 1241), or 20 through 39; industry codes 4911, 4931, or 4939 
(limited to facilities that combust coal and/or oil for the purpose of 
generating power for distribution in commerce); or 4953 (limited to 
facilities regulated under the Resource Conservation and Recovery Act, 
subtitle C, 42 U.S.C. section 6921 et seq.), or 5169, or 5171, or 7389 
(limited to facilities primarily engaged in solvent recovery services 
on a contract or fee basis). See 40 CFR 372.22.

B. What Action Is EPA Proposing in This Notice?

    On April 9, 1997, the Office of Management and Budget (OMB) 
published a Federal Register Notice of final decision (62 FR 17288) to 
adopt the North American Industrial Classification System (NAICS) for 
the United States, a new economic classification system that replaces 
the

[[Page 13876]]

SIC system which has traditionally been used by the federal government 
for collecting and organizing industry-related statistics. OMB's 
Economic Classification Policy Committee (ECPC) developed NAICS in 
cooperating with the Instituto Nacional de Estad[iacute]stica, 
Geograf[iacute]a e Inform[aacute]tica (INEGI) of Mexico and Statistics 
Canada, in order to standardize the industrial statistics produced by 
the three countries. It was felt that the SIC system was inadequate for 
this purpose, in part because it classified industries on the basis of 
several different economic concepts. NAICS, on the other hand, 
classifies establishments according to similarities in the processes 
used to produce goods and services. NAICS is the first industry 
classification system developed in accordance with a single principle 
of aggregation, the principle that producing units that use similar 
production processes should be grouped together in the 
classification.?
    Notwithstanding its primary function as a tool to aid in the 
collection and organization of industrial statistical information, OMB 
recognized that NAICS, like its predecessor, SIC, may also be 
effectively used for nonstatistical purposes including administrative, 
tax and regulatory programs. However, in its notice of final decision 
adopting NAICS for the United States, OMB instructed the heads of 
government agencies to determine that NAICS industry definitions are 
appropriate for the implementation of such programs before agencies use 
NAICS codes in them. See 62 FR 17288, 17294. For the reasons discussed 
in Unit IV.D. below, EPA's Administrator has determined that NAICS 
industry definitions will be appropriate for implementing section 313 
of EPCRA and section 6607 of the PPA. EPA is therefore proposing to 
amend 40 CFR part 372 to include the NAICS codes that correspond to the 
SIC codes that are currently subject to the reporting requirements of 
section 313 of EPCRA and section 6607 of the PPA. In addition, EPA is 
proposing to amend 40 CFR 372.85(b)(5) and 372.95(b)(10) such that 
covered facilities would report their appropriate NAICS codes on the 
TRI reporting form, Form, R, and in Alternate Threshold Certification 
Statements, Form A, where applicable. Covered facilities would be 
required to report both their appropriate SIC and NAICS codes on Form R 
and on the Alternate Threshold Certification Statements for the first 
full reporting year after the effective date of the final rule, and 
thereafter their NAICS codes only. EPA is also proposing amendments to 
40 CFR 372.38(g) and (h), and 40 CFR 372.45 to include the NAICS codes 
that will be subject to the exemption and notification requirements of 
those sections.
    Finally, EPA is proposing to amend 40 CFR 372.38(e) to extend the 
exemption provided therein to owners of covered facilities who lease, 
with no other business interest, such facilities to operators of 
establishment that are classified in any SIC code or NAICS code that is 
subject to TRI reporting requirements. EPA solicits your comments on 
these proposals and welcomes your suggestions for facilitating the 
transition of TRI reporting from SIC codes to NAICS codes.

C. Will This Proposed Rule Affect the Universe of Facilities That Are 
Currently Required To Report to TRI?

    This proposed rule would not affect the universe of facilities that 
is currently required to report under section 313 of EPCRA and section 
6607 of the PPA because EPA is not proposing to add or delete industry 
groups from the list of industries that are currently subject to 
section 313 reporting requirements. EPA is simply assigning NAICS codes 
to those SIC codes that are already subject to section 313 reporting 
requirements, and requiring covered facilities in those industries to 
report the NAICS code that corresponds to the covered SIC code.
    For purposes of TRI reporting, section 313 defines covered 
facilities in terms of SIC codes. Facilities in the affected SIC codes 
are required to report, regardless of how those facilities are 
designated in other nomenclature systems. Because inclusion in a 
specific SIC code is what triggers the reporting obligation, to use 
NAICS codes, EPA must be able to ``cross-walk'' reliably between SIC 
codes and NAICS codes. However, SIC codes and NAICS codes do not always 
correspond directly; certain industries that are classified in the 
``manufacturing'' sector in SIC (i.e., SIC codes 20 through 39), and 
therefore are subject to section 313 of EPCRA and section 6607 of the 
PPA, are not classified in the ``manufacturing'' sector in NAICS (i.e., 
NAICS codes 31 through 33). For example, Lumber and Wood Products (SIC 
24) corresponds to Logging (NAICS 11331), which is a non-manufacturing 
industry in NAICS. EPA has identified 18 SIC manufacturing industries 
that are currently subject to section 313 of EPCRA and section 6607 of 
the PPA that are not classified as NAICS manufacturing industries. 
Owners and operators of such facilities would continue to report under 
the appropriate NAICS designations (provided they meet all other 
applicable TRI reporting criteria), despite the fact that the 
facilities are not classified in a manufacturing industry in NAICS. 
Conversely, EPA has identified 26 SIC industries that are not currently 
subject to section 313 of EPCRA and section 6607 of the PPA, but which 
are classified as NAICS manufacturing industries. For example, retail 
bakeries are classified in the retail sector in SIC (SIC 5461), but are 
classified in the manufacturing sector in NAICS (NAICS 311811). As 
explained above, because this current action is not intended to add to 
or delete from the list of industry groups that is currently subject to 
TRI, the individual facilities not included in the SIC manufacturing 
codes will not be required to report simply because NAICS places the 
industry in the manufacturing sector.

D. Why Is EPA Proposing To Use NAICS in Addition to SIC for Section 313 
and Section 6607 Reporting Purposes?

    EPA believes it is appropriate to amend 40 CFR part 372 to include 
the NAICS codes that correspond to the SIC codes that are currently 
subject to TRI reporting requirements for several reasons. First, the 
SIC manual has not been updated since 1987 despite significant changes 
in the national economy, and limitations in the structure of the SIC 
system have led to difficulties in classifying new and emerging 
industries. (North American Industry Classification System manual, 
1997, p.21). As a result, the existing SIC systems does not reflect 
many of the important changes that have occurred within the national 
economy over the last decade or so. More importantly, it will not be 
updated in the future because of OMB's adoption of NAICS as the United 
States' new industry classification system. Accordingly, facilities 
that come into existence in the future will not have experience using 
SIC codes and may have difficulty determining whether or not they are 
subject to TRI requirements. Moreover, as OMB has recognized, the SIC 
system is somewhat cumbersome and inflexible to use because it 
classifies industries on the basis of several economic principles 
rather than a single, consistent principle (North American Industry 
Classification System manual, 1997, p.21). NAICS, on the other hand, 
represents a more targeted approach to industry classification, 
focusing primarily on production processes. Finally, the conversion to 
NAICS is part of EPA's data standards program, which helps promote 
efficient data exchange and integration through consistently defined 
and formatted data. Using NAICS for TRI reporting purposes will enable 
more

[[Page 13877]]

efficient database integration and will promote public access to 
commonly defined data from disparate sources.

V. How Did EPA Develop This Proposal and What Are the Issues on Which 
EPA Is Interested in Receiving Comment?

A. The Manufacturing Sector: SIC Codes 20 Through 39

    This proposal to include the NAICS codes in 40 CFR part 372 that 
correspond to the SIC codes that are currently subject to the TRI 
requirements is being undertaken with the goal of maintaining coverage 
of all facilities that are currently required to report releases and 
waste management quantities of listed toxic chemicals. As noted above 
in Unit IV.C., if the TRI Program were to adopt a straight 1:1 
identification of NAICS facilities to be covered (e.g., SIC 
Manufacturing facilities (20-39) [rarr] NAICS Manufacturing facilities 
(31-33)), many currently covered facilities would no longer be covered 
and other facilities that are not covered now would be added to the 
list of covered facilities. This would not be consistent with the 
statutory requirements. Therefore, to avoid this problem, the TRI 
Program developed an extensive SIC [rarr]NAICS [rarr]SIC crosswalk 
document based on U.S. Census Bureau SIC[rarr]NAICS and NAICS[rarr]SIC 
conversion tables in order to identify the universe of NAICS codes that 
correspond to covered SIC does. [Table 1--1997 NAICS United States 
Matched to 1987 U.S. SIC and Table 2--1987 U.S. SIC Matched in 1997 
NAICS United States at http://www.census.gov/epcd/www/naicstab.htm] 
From the crosswalk document, EPA is developing a web-based crosswalk 
tool for users that links all 4-digit SIC codes that are subject to TRI 
requirements to 6-digit NAICS codes that would also be subject to such 
requirements.
    EPA developed its crosswalk document and is developing the 
crosswalk tool by carefully mapping each SIC code to its corresponding 
NAICS code or codes, and the mapping each of the resulting NAICS codes 
back to SIC. More specifically, for each 3-digit industry subsector in 
the NAICS manufacturing sector (i.e., NAICS 311 through 339), EPA 
checked the Census Bureau's NAICS to SIC crosswalk table at http://www.census.gov/ to find industries that are not in the SIC 
manufacturing sector (SIC codes 20 through 39), but which have been 
classified as manufacturing industries under NAICS. Similarly, EPA 
checked the Census Bureau's SIC to NAICS crosswalk table to find SIC 
manufacturing industries that are not classified in the NAICS 
manufacturing sector. By conducting this mapping, EPA was able to 
develop a list of NAICS codes that corresponds to the list of 
manufacturing sector SIC codes that are subject to TRI requirements. A 
hard copy of the Census Bureau's SIC/NAICS crosswalk document is 
included in the docket for this proposed rule.
    It is possible that new NAICS codes will be created in the future. 
In the event that the Census Bureau does not update its crosswalk to 
provide corresponding SIC codes when newly-created NAICS codes are 
published, EPA would formally request such a determination from the 
Census Bureau. Should the Census Bureau decline the request, EPA would 
rely on information such as the definition of the newly-created NAICS 
codes and how closely that definition tracks the definitions of covered 
SIC codes, the types of activities that are undertaken by facilities 
that are classified in the new NAICS code, whether the facilities that 
are classified in the new NAICS code were previously classified in a 
covered SIC or NAICS code, and other relevant information.
    In general, NAICS manufacturing industries that would be subject to 
TRI reporting requirements would be identified by their 3-digit 
subsector codes (e.g., NAICS 311, 324, 339). In some cases, all of the 
six digit NAICS industries that are included within the 3-digit NAICS 
industry subsector would be subject to TRI requirements (i.e., all 6 
digit NAICS industries within that subsector correspond to industries 
with SIC codes that are currently subject to TRI requirements). The 
following NAICS manufacturing subsectors contain NAICS industries, all 
of which would be subject to TRI requirements: NAICS 316, Leather and 
Allied Product Manufacturing; NAICS 321, Wood Product Manufacturing; 
NAICS 322, Paper Manufacturing; NAICS 324, Petroleum and Coal Products 
Manufacturing; NAICS 327, Nonmentaallic Mineral Product Manufacturing; 
NAICS 331, Primary Metal Manufacturing; NAICS 332 Fabricated Metal 
Product Manufacturing; NAICS 333, Machinery Manufacturing; and NAICS 
336, Transportation Equipment Manufacturing.
    In other cases, some, but not all, of the 6 digit NAICS industries 
contained within a 3-digit NAICS subsector would be subject to TRI 
requirements. Exceptions from the reporting requirements are provided 
for industries that were previously classified outside of the SIC 
manufacturing sector (SIC codes 20 through 39) but are not classified 
within the NAICS manufacturing sector (NAICS codes 31 through 33). 
NAICS industry exceptions are identified by their 6-digit NAICS code 
and NAICS industry description, and also by their corresponding SIC 
code and SIC industry description. For purposes of this preamble and 
the proposed rule, EPA has defined ``previously classified'' to mean a 
facility that was properly classified, according to 40 CFR 372.22(b), 
under a given Standard Industrial Classification code, as identified in 
the Standard Industrial Classification Manual, 1987, Executive Office 
of the President, Office of Management and Budget. See section 372.3 of 
the proposed regulatory text; see generally, Executive Office of the 
President, Office of Management and Budget, Standard Industrial 
Classification Manual, 1987. Accordingly, owners or operators of 
facilities that are properly classified in the excepted industries 
because they were properly classified in a SIC industry that is not 
currently subject to TRI requirements would not report to TRI under 
this proposal. Conversely, owners or operators of manufacturing 
facilities that are, or have been, improperly classifying their 
facilities in SIC codes that are not currently subject to TRI would 
report to TRI under this proposal.
    Industry exceptions are limited to specific types of industries 
when it is necessary to do so to ensure that the covered facilities 
under NAICS are identical to those under SIC. For example, under NAICS 
311 (Food Manufacturing), NAICS 311612 (defined as ``Meat Processed 
from Carcasses''), is listed as an industry exception. However, NAICS 
311612 includes industries that were classified in SIC 2013, ``Sausages 
and Other Prepared Meat Products,'' and in SIC 5147, ``Meats and Meat 
Products.'' Facilities that were previously classified in the former 
industry are currently subject to TRI requirements whereas those that 
were previously classified in the latter industry are not. Accordingly, 
the exception for NAICS 311612 applies only to those facilities that 
were previously classified in SIC 5147. All other facilities included 
in NAICS 311612 would report if they satisfy the applicable reporting 
criteria
    Similarly, under NAICS 325 (Chemical Manufacturing), there is an 
exception for certain facilities classified in NAICS 325998 
(Miscellaneous Chemical Product and Preparation Manufacturing). This 
exception is limited to facilities primarily engaged in filling 
pressure containers (i.e., aerosol containers) on a job order or 
contract

[[Page 13878]]

basis that were previously classified under SIC 7389 (Business 
Services, Not Elsewhere Classified). However, those facilities that 
fill pressure containers on a job order or contract basis that were 
previously classified in the manufacturing sector under the SIC system 
because they are primarily engaged in activities, such as blending of 
chemicals, that are considered under the SIC to be manufacturing 
activities, would continue to report to TRI.
    One of the industry exceptions in NAICS 311, under 311119, Food 
Manufacturing, includes facilities that are primarily engaged in Custom 
Grain Grinding for Animal Feed. Facilities that conduct custom milling 
of animal feed and those that provide mobile feed milling services that 
were previously classified under SIC 2048, Prepared Feeds and Feed 
Ingredients for Animals and Fowls, Except Dogs and Cats, are not 
included in this exception.
    At the end of the list of 3-digit NAICS manufacturing subsector 
codes and exceptions that appears in this preamble in Unit V.D.1., 
there is a list of additional 6-digit NAICS industries. Some of these 
industries are the NAICS equivalents of the SIC industries that were 
added to TRI in the Industry Expansion Rule. See Unit V.B. below. 
Others were considered manufacturing industries under SIC, but are not 
considered manufacturing industries under NAICS. For example, whereas 
SIC treats establishments that produce maple syrup from maple sap as 
manufacturing establishments classified in SIC 2099 (Food Preparations, 
NEC, Reducing Maple Sap to Maple Syrup), NAICS treats establishments 
engaged in maple syrup production as an agricultural activity and 
classifies such establishments in NAICS 111998 (All Other Miscellaneous 
Crop Farming). Despite the NAICS classification, establishments that 
reduce maple sap to maple syrup are still subject to TRI requirements. 
See Unit IV.C. above. Another notable example of a SIC manufacturing 
industry which is no longer classified as such in NAICS is SIC 3295 
(Minerals and Earths, Ground or Otherwise Treated). This SIC industry 
is composed of establishments operating without a mine or quarry and 
that are primarily engaged in crushing, grinding, pulverizing, or 
otherwise preparing clay, ceramic, and refractory minerals; barite; and 
miscellaneous nonmetallic minerals, except fuels (Standard Industrial 
Classification Manual, 1987, p. 170). Such establishments are now 
classified within various industries in the mining sector in NAICS 
(NAICS code 21), but they are still subject to TRI reporting 
requirements.

B. Industries Added to TRI in the Industry Expansion Rule

    For the mining industry and for most of the other industries that 
were added to the list of industries that are required to report under 
the Industry Expansion Rule (62 FR 23833), the crosswalk from SIC to 
NAICS based on the Census Bureau's crosswalk tables was more 
straightforward. The metal mining industry, SIC major group 10 (except 
1011, 1081, and 1094), converted to NAICS 212221 (Gold Ore Mining), 
212222 (Silver Ore Mining), 212231 (Lead Ore and Zinc Mining), 212234 
(Copper Ore and Mickel Ore Mining), and 212299 (All Other Metal Ore 
Mining). The coal mining industry, SIC major group 12 (except 1241), 
consists of three 4-digit SIC codes that convert to three 6-digit NAICS 
codes: 212111 (Bituminous Coal and Lignite Surface Mining), 212112 
(Bituminous Coal Underground Mining), and 212113 (Anthracite Mining).
    For electric utilities subject to TRI requirements, three 4-digit 
SIC codes-4911, 4931, and 4939-convert to six 6-digit NAICS codes, all 
within NAICS 221, the Utilities subsector of the Utilities sector: 
221111 (Hydroelectric Power Generation), 221112 (Fossil Fuel Electric 
Power Generation, 221113 (Nuclear Electric Power Generation), 221119 
(All Other Electric Power Generation), 221121 (Electric Power Bulk 
Transmission and Control), and 221122 (Electric Power Distribution).
    SIC 4953, Refuse Systems, for which TRI reporting is limited to 
facilities regulated under RCRA Subtitle C, converts to five 6-digit 
NAICS codes, all within NAICS 562, the Waste Management and Remediation 
Services subsector of the Administrator and Support and Waste 
Management and Remediation Services sector: 562920 (Materials Recovery 
Facilities), 562211 (Hazardous Waste Treatment and Disposal), 562212 
(Solid Waste Landfill), 562213 (Solid Waste Combustors and 
Incinerators), and 562219 (Other Nonhazardous Waste Treatment and 
Disposal).
    SIC 5169, Chemicals and Allied Products-Wholesale, converts to only 
one 6-digit NAICS code: 422690 (Other Chemical and Allied Products 
Wholesalers). In the Census Bureau SIC and NAICS crosswall tables, SIC 
5171, Petroleum Bulk Stations and Terminals, is represented by one 
NAICS wholesale code (4117, Petroleum Bull Stations and Terminals) and 
two NAICS retail codes (454311, Heating Oil Dealers and 454312, 
Liquefied Petroleum Gas (Bottled Gas Dealers), even though SIC 5171 
includes only establishments primarily engaged in the wholesale 
distribution of crude petroleum and petroleum products from bulk liquid 
storage facilities. Only facilities that are primarily engaged in the 
wholesale distribution of crude petroleum and petroleum products from 
bulk liquid storage facilities. Only facilities that are primarily 
engaged in the wholesale distribution of crude petroleum and petroleum 
products from bulk liquid storage facilities are required to report 
waste management quantities and toxic chemical releases to the TRI. 
Accordingly, facilities in NAICS 42271 (Petroleum Bulk Stations and 
Terminals) are subjects to TRI requirements and those in 454311 and 
454312 are not. Retail facilities were never covered under EPCRA 313, 
nor do they meet the definition of SIC 5171 which includes 
establishments that are primarily engaged in the wholesale distribution 
of crude petroleum and petroleum products.
    Finally, the crosswalk documents developed by the Census Bureau do 
not identify a NAICS code or codes that correspond to SIC 7389, Solvent 
Recovery Services (on a contract or fee basis). However, with guidance 
from representatives of the Census Bureau, EPA has concluded that NAICS 
562112, Collection of Hazardous Waste, is one of two correct 
conversions for SIC 7389, Solvent Recovery Services (on a contract or 
fee basis). [U.S. Census Bureau letter from Mark E. Wallace to Maria J. 
Doa, U.S. EPA]. Establishments with a primary SIC code of 4212, Local 
Trucking Without Storage (hazardous waste collection without disposal), 
are also included in NAICS 562112. However, because facilities having a 
primary SIC code of 4212 are not currently subject to TRI requirements, 
they would not report. Solvent recovery services (on a contract or fee 
basis) that purify, recycle or otherwise treat solvents collected are 
also classified in manufacturing according to the material(s) purified, 
recycled, or otherwise treated. [U.S. Census Bureau letter from Mark E. 
Wallace to Maria J. Doa, U.S. EPA]. For toxic solvents, these 
facilities will fall under NAICS subsector 325, Chemical Manufacturing.

C. Auxiliary Facilities

    Auxiliary facilities that are classified in covered SIC codes are 
subject to EPCRA section 313 reporting requirements. Today's proposal 
does not affect the status of auxiliary facilities for purposes of 
reporting under section 313 of EPCRA and section 6607 of the PPA. 
However, during the transition year,

[[Page 13879]]

when covered facilities would report both SIC and NAICS codes, off-site 
auxiliary establishments would report both the SIC and NAICS codes of 
the establishment or facility for which they perform support services. 
Thereafter, such facilities would report only the NAICS code of the 
establishment or facility for which it performs support services. 
Similarly, during the transition year, on-site auxiliary establishments 
that report independently from the other establishments in the facility 
would report both the SIC and NAICS codes of the covered establishment 
or facility for which it performs support services. Thereafter, such 
facilities would report only the NAICS code of the establishment or 
facility for which it performs support services.

D. Which NAICS Codes Will Be Subject to Tri Requirements Under This 
Proposed Rule?

    EPA has preliminarily determined that facilities with the following 
NAICS codes (and auxiliary facilities that provide support services for 
them) would report their toxic chemical releases and other waste 
management activities to TRI. Once final, this list will be used for 
regulatory and enforcement purposes. As noted above, it is EPA's intent 
to include only NAICS codes and industry descriptions on this list that 
correspond to SIC codes and industry descriptions that are currently 
covered by EPCRA section 313.
1. NAICS Codes That Correspond to SIC Codes 20 Through 39

NAICS 311--Food Manufacturing
    Exceptions:
    311119--Exception is limited to Custom Grain Grinding for Animal 
Feed (previously classified under SIC 0723 Crop Preparation Services 
for Market, Except Cotton Ginning);
    311330--Exception is limited to Candy Stores, Chocolate, Candy 
Made on Premises not for Immediate Consumption (previously 
classified under SIC 5441, Candy, Nut, and Confectionery Stores);
    311340--Exception is limited to Candy Stores, Nonchocolate, 
Candy Made on Premises not for Immediate Consumption (previously 
classified under SIC 5441, Candy, Nut, and Confectionery Stores);
    311811--Retail Bakeries (previously classified under SIC 5461, 
Retail Bakeries);
    311611--Exception is limited to Custom Slaughtering (previously 
classified under SIC 0751, Livestock Services, Except Veterinary);
    311612--Exception is limited to Boxed Beef and Boxed Meat 
Produced from Purchased Carcasses (previously classified under SIC 
5147, Meats and Meat Products);

NAICS 312--Beverage and Tobacco Product Manufacturing
    Exceptions: 312229--Exception is limited to Tobacco Sheeting 
Services (previously classified under SIC 7389, Business Services, 
NEC);
NAICS 313-Textile Mills
    Exceptions:
    313311--Exception is limited to Converters, broadwoven piece 
goods and converting textiles, broadwoven (previously classified 
under SIC 5131, Piece Goods and Notions, broadwoven and non-
broadwoven piece good converters), and facilities formerly 
classified under SIC 7389, Business Services, NEC (Sponging fabric 
for tailors and dressmakers);
    313312--Exception is limited to narrow woven Converting 
Textiles, and narrow woven piece goods Converters, (previously 
classified under SIC 5131, Piece Goods and Notions, converters, 
except broadwoven fabric);

NAICS 314--Textile Product Mills
    Exceptions:
    314121--Exception is limited to Custom drapery manufacturers for 
retail sale (previously classified under SIC 5714, Drapery, curtain, 
and Upholstery Stores)
    314129--Exception is limited to Custom slipcover manufacturers 
for retail sale (previously classified under SIC 5714, Drapery, 
Curtain, and Upholstery Stores)
    314999--Exception is limited to Binding carpets and rugs for the 
trade, Carpet cutting and binding, and Embroidering on textile 
products (except apparel) for the trade (previously classified under 
SIC 7389, Embroidering of advertising on shirts and Rug binding for 
the trade);

NAICS 315--Apparel Manufacturing
    Exceptions:
    315222--Exception is limited to Custom tailors, men's and boys' 
suits, cut and sewn from purchased fabric (previously classified 
under SIC 5699, Miscellaneous apparel and accessory stores (custom 
tailors);
    315223--Exception is limited to Custom tailors, men's and boys' 
dress shirts, cut and sewn from purchased fabric (previously 
classified under SIC 5699, Miscellaneous apparel and accessory 
stores (custom tailors);
    315233--Exception is limited to Bridal dresses or gowns, custom 
made, Custom tailors, women's, misses' and girls' dresses cut and 
sewn from purchased fabric (except apparel contractors)(previously 
classified under SIC 5699, Miscellaneous apparel and accessory 
stores (custom dressmakers);

NAICS 316--Leather and Allied Product Manufacturing

NAICS 321--Wood Product Manufacturing

NAICS 322--Paper Manufacturing

NAICS 323--Printing and Related Support Activities

    Exceptions: 323114--Exception is limited to Instant printing 
(i.e., quick printing)(previously classified under SIC 7334, 
Photocopying and Duplicating Services, (instant printing));

NAICS 324--Petroleum and Coal Products Manufacturing

NAICS 325--Chemical Manufacturing
    Exceptions: 325998--Exception is Limited to Aerosol can filling 
on a job order or contract basis (previously classified under SIC 
7389, Business Services, NEC (aerosol packaging))

NAICS 326--Plastics and Rubber Products Manufacturing
    Exceptions: 326212--Exception is limited to Tire Retreading, 
Recapping or Rebuilding (previously classified under SIC 7534, Tire 
Retreading and Repair Shops (rebuilding))

NAICS 327--Nonmetallic Mineral Product Manufacturing

NAICS 331--Primary Metal Manufacturing

NAICS 332--Fabricated Metal Product Manufacturing

NAICS 333--Machinery Manufacturing

NAICS 334--Computer and Electronic Manufacturing
    Exceptions:
    334611--Exception is limited to Software Reproducing (previously 
classified under SIC 7372, Prepackaged Software, (reproduction of 
software))
    334612--Exception is limited to mass reproducing pre-recorded 
Video cassettes, and mass reproducing Video tape or disk (previously 
classified under SIC 7819, Services Allied to Motion Picture 
Production (reproduction of video))

NAICS 335--Electrical Equipment, Appliance, and Component 
Manufacturing
    Exceptions: 335312--Exception is limited to Armature rewinding 
on a factory basis (previously classified under SIC 7694 (Armature 
Rewinding Shops (remanufacturing))

NAICS 336--Transportation Equipment Manufacturing

NAICS 337--Furniture and Related Product Manufacturing
    Exceptions: 337110--Exception is limited to Wood Kitchen Cabinet 
and Counter top Manufacturing (previously classified under SIC 5712, 
Furniture Stores (custom wood cabinets))
    337121--Exception is limited to Upholstered furniture, household 
type, custom manufacturing (previously classified under SIC 5712, 
Furniture Stores (upholstered, custom made furniture)
    337122--Exception is limited to Nonupholstered, household type, 
custom wood furniture manufacturing (previously classified under SIC 
5712, Furniture Stores (custom made wood nonupholstered household 
furniture except cabinets))

NAICS 339--Miscellaneous Manufacturing
    Exceptions:
    339115--Exception is limited to Ophthalmic Goods Manufacturing, 
lens grinding (previously classified under SIC 5995, Optical Goods 
Stores (optical laboratories grinding of lenses to prescription))

[[Page 13880]]

    339116--Dental laboratories (previously classified under SIC 
8072, Dental Laboratories)

NAICS 111998--All Other Miscellaneous Crop Farming (limited to 
facilities that reduce maple sap to maple syrup (previously 
classified under SIC 2099: Food Preparations, NEC, Reducing Maple 
Sap to Maple Syrup));

NAICS 511110--Newspaper Publishers;

NAICS 511120--Periodical Publishers;

NAICS 511130--Book Publishers;

NAICS 511140--Database and Directory Publishers

    Exceptions: 511140--Exception is limited to Address list 
compliers, Address list publishers, Address list publishers and 
printing combined, Address list publishing (i.e., establishments 
known as publishers), Business directory publishers, Catalog of 
collections publishers, Catalog of collections publishers and 
printing combined, Compiling mailing lists, Directory compilers, 
Mailing list compiling services (previously classified under SIC 
7331, Direct Mail Advertising Services (mailing list compliers))

NAICS 511191--Greeting Card Publishers;

NAICS 511199--All Other Publishers

NAICS 512220--Integrated Record Production/Distribution

NAICS 512230--Music Publishers

    Exceptions: 512230--Exception is limited to Music copyright 
authorizing use, Music copyright buying and licensing, Music 
publishers (previously classified under SIC 8999, Services, NEC 
(music publishing))

NAICS 211112--Natural Gas Liquid Extraction (limited to facilities 
that recover sulfur from natural gas (previously classified under 
SIC 2819, Industrial Inorganic Chemical, NEC (recovering sulfur from 
natural gas))

NAICS 212324--Kaolin and Ball Clay Mining (limited to facilities 
operating without a mine or quarry and that are primarily engaged in 
beneficiating koalin and clay (previously classified under SIC 3295, 
Minerals and Earths, Ground or Otherwise Treated (grinding, washing, 
separating, etc. of minerals in SIC 1355))

NAICS 212325--Clay and Ceramic and Refractory Minerals Mining 
(Limited to facilities operating without a mine or quarry and that 
are primarily engaged in beneficiating clay and ceramic and 
refractory minerals( previously classified under SIC 3295, Minerals 
and Earths, Ground or Otherwise Treated (grinding, washing, 
separating, etc. of minerals in SIC 1459)))

NAICS 212393--Other Chemical and Fertilizer Mineral Mining (limited 
to facilities operating without a mine or quarry and that are 
primarily engaged in beneficiating chemical or fertilizer mineral 
raw materials (previously classified under SIC 3295, Minerals and 
Earths, Ground or Otherwise Treated (grinding, washing, separating, 
etc, of minerals in SIC 1479))

NAICS 212399--All Other Nonmetallic Mineral Mining (limited to 
facilities operating without a mine or quarry and that are primarily 
engaged in beneficiating nonmetallic minerals (previously classified 
under SIC 3295, Minerals and Earths, Ground or Otherwise Treated 
(grinding, washing, separating, etc, of minerals in SIC 1499))

NAICS 488390--Other Support Activities for Water Transportation 
(limited to Drydocks, floating (i.e., routine repair and maintenance 
of ships and boats) (previously classified under SIC 3731 
Shipbuilding and Repairing (floating drydocks not associated with a 
shipyard))

NAICS 811490--Other Personal and Household Goods Repair and 
Maintenance (limited to Boat, pleasure, repair and maintenance 
services without retailing new boats) (previously classified under 
SIC 3732 Boat Building and Repairing (pleasure boat building))

NAICS 541710--Research and Development in the Physical, Engineering, 
and Life Sciences (limited to Guided missile and space vehicle 
engine research and development) (previously classified under SIC 
3764), and Guided missile and space vehicle parts (except engines) 
research and development (previously classified under SIC 3769)
2. NAICS Codes That Correspond to SIC Code 10 (Except 1011, 1084, and 
1094)
NAICS 21211--Bituminous Coal and Lignite Surface Mining

NAICS 21212--Bituminous Coal Underground Mining

NAICS 21213--Anthracite Mining
3. NAICS Codes That Correspond to SIC Code 12 (Except 1241)
NAICS 212221--Gold Ore Mining

NAICS 212222--Silver Ore Mining

NAICS 212231--Lead Ore and Zinc Mining

NAICS 212234--Copper Ore and Nickel Ore Mining

NAICS 212299--All Other Ore Mining
4. NAICS Codes That Correspond to SIC Codes 4911, 4931, and 4939 
(Limited to Facilities That Combust Coal and/or Oil for the Purpose of 
Generating Power for Distribution in Commerce)

NAICS 221111--Hydroelectric Power Generation

NAICS 221112--Fossil Fuel Electric Power Generation

NAICS 221113--Nuclear Electric Power Generation

NAICS 221119--All Other Electric Power Generation

NAICS 221121--Electric Bulk Power Transmission and Control

NAICS 221122--Electric Power Distribution
5. NAICS Code That Correspond to SIC Code 4953 (Limited to Facilities 
Regulated Under the Resource Conservation and Recovery Act, Subtitle C, 
42 U.S.C. 6921 et seq.

NAICS 562920--Materials Recovery Facilities (Limited to facilities 
regulated under the Resource Conservation and Recovery Act, subtitle 
C, 42 U.S.C. 6921 et seq.)

NAICS 562211--Hazardous Waste Treatment and Disposal (Limited to 
facilities regulated under the Resource Conservation and Recovery 
Act, subtitle C, 42 U.S.C. et seq.)

NAICS 562212--Solid Waste Landfill (Limited to facilities regulated 
under the Resource Conservation and Recovery Act, subtitle C, 42 
U.S.C. et seq.)

NAICS 562213--Solid Waste Combustors, and Incinerators (Limited to 
facilities regulated under the Resource Conservation and Recovery 
Act, subtitle C, 42 U.S.C. et seq.)

NAICS 562219--Other Nonhazardous Waste Treatment and disposal. 
(Limited to facilities regulated under the Resource Conservation and 
Recovery Act, subtitle C, 42 U.S.C. et seq.)

6. NAICS Code That Corresponds to SIC Code 5169

NAICS 422690--Other Chemical and Allied Products Wholesalers
7. NAICS Code That Corresponds to SIC 5171
NAICS 422710--Petroleum Bulk Stations and Terminals (wholesale)
8. NAICS Code That Corresponds to SIC Code 7389 (Limited to Facilities 
Primarily Engaged in Solvet Recovery Services on a Contract or fee 
Basis)
NAICS 562112--Collection of Hazardous Waste Limited to facilities 
primarily engaged in solvent recovery services on a contract or fees 
basis

NAICS 325--Chemical Manufacturing

E. How Will Section 313 Reporting Requirements Change as a Result of 
This Proposal?

    TRI reporting requirements would remain substantially the same 
under this proposal as they are now. The difference is that, except for 
the first full reporting year after the effective date of the final 
rule, covered facilities would be reporting their primary and secondary 
NAICS codes on Form R and on Alternate Threshold Certification 
Statements rather than their primary and secondary SIC codes. Because 
the statute identifies covered facilites by SIC code, the industries 
subject to TRI requirements would continue to be identified in the 
regulatory text by SIC code, although the text would be amended to 
include NAICS codes as

[[Page 13881]]

well. See 40 CFR 372.22(b) and 372.23 of the proposed regulatory text 
below. This is primarily to help owners or operators of covered 
facilities identify the appropriate NAICS code to be used on reporting 
forms. By continuing to use SIC codes in the regulatory text, EPA can 
ensure that currently covered facilities will continue to be covered 
even if EPA made a mistake in the translation from SIC codes to NAICS 
codes. Finally, the owner or operator of a covered facility might come 
to a different conclusion than EPA did with respect to the NAICS code 
that corresponds to the facility's SIC code. If the regulatory text 
only included NAICS codes, the owner or operator of such a facility 
might assume that she is no longer subject to TRI requirements. The 
proposed regulatory text would ensure that the owner or operator would 
understand that she must continue to report regardless of whether or 
not she agrees with EPA's determination on the NAICS code that most 
appropriately corresponds to her facility's SIC code. In sum, 
facilities that are currently reporting to TRI because they are 
classified in SIC codes that are currently subject to TRI reporting 
requirements would continue to report under this proposed rule if they 
satisfy the applicable reporting criteria.
    EPA is proposing that owners or operators of covered facilities 
report bot SIC codes and NAICS codes during the first full reporting 
period after the effective date of the final rule. Reporting both SIC 
and NAICS codes for the first full reporting period is necessary to 
facilitate continued time-series analysis of the TRI data. Each year, 
TRI data are compiled, analyzed and presented to the public in a report 
called the Toxics Release Inventory Public Data Release. A substantial 
part of the report is devoted to an analysis of the data by industry 
group for the current year and over time. Industry-specific and 
chemical-specific on- and off-site releases and other waste management 
data are analyzed for the most recent reporting year, from 1988 to the 
present for TRI's original release and transfer categories (since 1991 
for the other waste management data), and from 1998 to the present for 
new industries reporting to TRI since 1998. Time-series analyses of TRI 
data are critical for reviewing trends in overall releases and 
management of waste and for measuring industry progress in these areas. 
For example, the 2000 TRI Public Data Release (presenting 1998 data) 
includes a table that presents percent change in total TRI on-site and 
off-site releases for each of the 19 manufacturing industries, 
designated by their 2-digit SIC major group code. In all but one of the 
manufacturing categories, total on- and off-site releases decreased 
from 1988 to 1998, in several industries by well over 50%. In order to 
continue to present these types of important analyses to the public, 
careful tracking of code changes during the SIC to NAICS transition is 
critical.
    Moreover, a dual reporting requirement for the transition reporting 
period will be useful in fine tuning the list of NAICS industries that 
corresponds to the list of SIC industries that are currently subject to 
TRI requirements. The dual reporting for the transition reporting 
period will serve as an extra quality assurance measure to ensure that 
with the transition to reporting by NAICS code, no additional industry 
groups are inadvertently added, and that all currently reporting 
industries are included. EPA has concluded that the additional burden 
associated with requiring covered facilities to report both SIC and 
NAICS codes for one year is negligible. See the discussion below in 
Unit VI.

F. Why Is EPA Proposing To Extend the Exemption in 40 CFR 372.38(e)?

    The TRI regulations 40 CFR 372.38(e) exempt from TRI reporting 
requirements, ``owners of facilities such as industrial parks, all or 
part of which are leased to persons who operate establishments within 
SIC code 20 through 39 where the owner has no other business interest 
in the operation of the covered facility.'' The exemption acknowledges 
the difficulties in requiring such an owner to report when he is not in 
a position which would allow him to determine compliance or report the 
required information. 53 FR 4499, 4502. EPA believes it is appropriate 
to extend this exemption to owners of facilities that lease such 
facilities to operators of establishments within the SIC codes added to 
TRI in the Industry Expansion Rule, when such owners have no other 
business interest in the operation of such establishments. The 
rationale for the exemption applies equally to those owners as it does 
to owners of facilities who lease them to operators of establishments 
in SIC codes 20 through 39. Because the proposed amendment to 40 CFR 
372.38(e) extends the exemption to other industries, there is no cost 
to industry associated with it.

G. What Are the Issues on Which EPA Is Interested in Receiving 
Comments?

    EPA is particularly interested in receiving comments on the 
following issues:
    (i) The proposed list of NAICS industries that correspond to the 
SIC industries that are subject to TRI requirements.
    (ii) Whether the dual reporting requirement (reporting of both SIC 
and NAICS codes) should be included for the first reporting period 
after the effective date of the final rule, and whether the requirement 
should be extended into subsequent reporting years.
    (iii) The estimated burden of the new reporting requirements.
    (iv) Alternatives for the regulatory text that would accomplish the 
objectives specified in this proposal.

VI. What Additional Reporting Burden Is Associated With This Action?

    EPA has evaluated the potential burden and cost of using NAICS for 
TRI reporting as described in this proposal. EPA expects that the 
burden associated with this change for affected facilities would be 
negligible. OMB adopted NAICS as the United States' industry 
classification system in 1997, and facilities are or should be already 
familiar with their NAICS codes from other administrative and 
regulatory reporting requirements of EPA and other governmental 
entities. EPA does not expect or intend that this proposed rule would 
affect the universe of facilities that are currently required to report 
to TRI. EPA would simply be assigning NAICS industry codes to those SIC 
industries which are already subject to section 313 reporting 
requirements, and requiring covered facilities in those industries to 
report under the NAICS code tha corresponds to the covered SIC code. 
Only those facilities that meet the SIC code requirements in 40 CFR 
372.22(b) would continue to report releases and other waste management 
quantities of toxic chemicals to the TRI.

VII. What Are the References Cited in This Proposed Rule?

    1. Executive Office of the President, Office of Management and 
Budget, North American Industry Classification System, United States, 
1997 (NTIS PB98-127293).
    2. Executive Office of the President, Office of Management and 
Budget, Standard Industrial Classification Manual, 1987 (NTIS PB87-
100012).
    1. 1997 NAICS United States Structure, Including Relationship to 
1987 U.S. SIC, Table 1--1997 NAICS United States Matched to 1987 U.S. 
SIC, Table 2--1987 U.S. SIC Matched to 1997 NAICS United States. 
(http://www.census.gov/epcd/www/naicstab.htm).

[[Page 13882]]

    2. U.S. Census Bureau letter from Mark E. Wallace to Maria J. Doa, 
U.S. EPA.

VIII. Regulatory Assessment Requirements

A. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866, (58 FR 51,735 (October 4, 1993)) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may: (1) Have an annual 
effect on the economy of $100 million or more or adversely affect in a 
material way the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or tribal governments or communities; (2) create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency; (3) materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of recipients thereof; or (4) raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in the Executive Order. EPA has determined 
that this proposed rule is not a ``significant regulatory action'' 
under the terms of Executive Order 12866 and is therefore not subject 
to OMB review.

B. Paperwork Reduction Act

    According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
seq., an agency may not conduct or sponsor, and a person is not 
required to respond to a collection of information that requires OMB 
approval under the PRA, unless it has been approved by OMB and displays 
a currently valid OMB control number. The OMB control numbers for EPA's 
collections of information, after initial display in the Federal 
Register and in addition to its display on any related collection 
instrument, are listed in 40 CFR part 9 and 48 CFR Chapter 15.
    The Office of Management and Budget (OMB) has previously approved 
the information collection requirements contained in the existing 
regulations at 40 CFR part 372 under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned the Information 
Collection Requests (ICRs) OMB control numbers 2070-0093 (EPA ICR No. 
1363.11) for Form R and 2070-0143 (EPA ICR No. 1704.05) for Form A.
    Copies of the ICR documents may be obtained from Susan Auby, by 
mail at the Office of Environmental Information, Collection Strategies 
Division; U.S. Environmental Protection Agency (2822T); 1200 
Pennsylvania Ave., NW., Washington, DC 20460, by email at 
[email protected], or by calling (202) 566-1672. A copy may also be 
downloaded from the Internet at http://www.epa.gov/icr. Include the EPA 
ICR and OMB numbers in any correspondence.
    This proposed rule would not impose any new information collection 
burden on affected facilities. Burden means the total time, effort, or 
financial resources expended by persons to generate, maintain, retain, 
or disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information. Facilities that would be affected by the proposed rule 
already report their industrial classification codes on the approved 
reporting forms using SIC codes. Moreover, as noted above, OMB adopted 
NAICS over five years ago, so affected facilities are or should already 
be familiar with their NAICS codes from administrative and regulatory 
reporting requirements of EPA and other governmental entities that have 
already converted to NAICS reporting.
    Although EPA does not believe that the reporting requirements 
associated with this proposed rule would impose any new information 
collection burden, Form R and Form A will have to be amended to account 
for the reporting of both SIC and NAICS codes for the first full 
reporting year after the effective date of the final rule. They will 
also have to be amended to account for the reporting of NAICS codes 
after that first full reporting year. EPA will work with OMB to make 
the necessary changes to the TRI reporting forms.

C. Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A business that is classified 
as a ``small business'' by the Small Business Administration at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After consideration of the potential economic impacts of this 
proposed rule on small entities, it has been determined that this 
action will not have a significant economic impact on an substantial 
number of small entities.
    The change proposed by this rulemaking is to require affected 
facilities to report their NAICS rather than their SIC code, except for 
the first year of implementation when both the SIC and the NAICS codes 
will be reported. In the first year, the additional burden of reporting 
both SIC and NAICS codes is negligible considering that the SIC code is 
readily available from previous reporting forms submitted by the 
facility and that facilities are already using the NAICS code in other 
government data collection exercises. In subsequent years, the net 
burden on small entities should be zero as the NAICS code replaces the 
SIC code on the reporting forms. We welcome comments on issues related 
to potential impacts of the proposed rule on small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205

[[Page 13883]]

of the UMRA generally requires EPA to identify and consider a 
reasonable number of regulatory alternatives and adopt the least 
costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    EPA has determined that this proposed rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and tribal governments, in the aggregate, or the 
private sector in any one year. As discussed in Section VI above, EPA 
believes that affected facilities already are or should be familiar 
with their NAICS codes from other activities, including reporting to 
other governmental authorities. Provision of the NAICS code in addition 
to, or in lieu of, the SIC code is expected to impose negligible 
incremental burden on affected facilities. Thus, today's rule is not 
subject to the requirements of sections 202 and 205 of the UMRA.

E. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This proposed rule does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. This action merely adopts, for 
TRI reporting purposes, the NAICS industry classification system that 
has replaced the SIC system previously used for collecting statistical 
data and for other administrative and regulatory purposes. Thus, 
Executive Order 13132 does not apply to this rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed rule 
from State and local officials.

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

    Executive Order 13175, entitled ``Consultation and Coordination 
With Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This proposed rule does not 
have tribal implications, as specified in Executive Order 13175. This 
action merely adopts, for TRI reporting purposes, the NAICS industry 
classification system that has replaced the SIC system previously used 
for collecting statistical data and for other administrative and 
regulatory purposes. Thus, Executive Order 13175 does not apply to this 
rule. In the spirit of Executive Order 13175, and consistent with EPA 
policy to promote communications between EPA and Indian Tribal 
Governments, EPA specifically solicits additional comment on this 
proposed rule from tribal officials.

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

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.

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

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    This proposed rule is not subject to the Executive Order because it 
is not economically significant as defined in Executive Order 12866, 
and because the Agency does not have reason to believe the 
environmental health or safety risks addressed by this action present a 
disproportionate risk to children.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA) (15 U.S.C. 272 note), directs EPA to used voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, etc.) that are 
developed or adopted by voluntary consensus standards bodies. The NTTAA 
directs EPA to provide Congress, through OMB, explanations when the 
Agency decides not to use available and applicable voluntary consensus 
standards.
    EPA recognizes that NAICS, like SIC, is a standard that was 
developed by OMB primarily as a means to collect and organize 
industrial statistics for the federal government. However, EPA has not 
identified an alternative voluntary consensus standard for defining 
industry classifications. Even if one exists, EPA believes it would be 
impractical to use such a standard for reporting purposes under section 
313 of EPCRA and section 6607 of the PPA. One of the reasons for 
switching from SIC to NAICS is to maintain consistency within EPA and 
among other government agencies in the way that industry-specific data 
is collected, organized and made available to the

[[Page 13884]]

public in various databases and publications. Moreover, although NAICS 
is based on a different organizing principle than SIC, the two 
classification systems share many similarities. Industry has had 
several decades to become familiar with SIC so the transition to NAICS 
as opposed to an alternative industry classification system should be 
more efficient and less burdensome. Therefore, EPA believes it is 
appropriate to use NAICS codes for purposes of section 313 reporting.

List of Subjects in 40 CFR Part 372

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

    Dated: March 6, 2003.
Christine Todd Whitman,
Administrator.

    Therefore, it is proposed that 40 CFR part 372 be amended as 
follows:

PART 372--[AMENDED]

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

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

    2. Amend Sec.  372.3 by adding the definition for previously 
classified in alphabetical order to read as follows:


Sec.  372.3  Definitions.

* * * * *
    Previously classified means to have been properly classified, 
according to Sec.  372.22(b) under a given Standard Industrial 
Classification (SIC) code, as identified in the Standard Industrial 
Classification Manual, 1987, Executive Office of the President, Office 
of Management and Budget.
* * * * *
    3. Amend Sec.  372.22, by revising paragraph (b) introductory text 
and paragraphs (b)(1), (b)(2), (b)(3)(i) and (b)(3)(ii) to read as 
follows:


Sec.  372.22  Covered facilities for toxic chemical release reporting.

* * * * *
    (b) The facility is in a Standard Industrial Classification (SIC) 
(as in effect on January 1, 1987) major group or industry code listed 
in Sec.  372.239a), (for which the corresponding North American 
Industry Classification System (NAICS) (as in effect on January 1, 
1997) subsector and industry codes are listed in Sec.  372.23(b) and 
372.23(c)) by virtue of the fact that it meets one of the following 
criteria:
    (1) The facility is an establishment with a primary SIC major group 
or industry code listed in Sec.  372.23(a), or a primary NAICS 
subsector or industry code listed in Sec.  372.23(b) or 372.23(c).
    (2) The facility is a multi-establishment complex where all 
establishments have primary SIC major group or industry codes listed in 
Sec.  372.23(a), or primary NAICS subjector or industry codes listed in 
Sec.  372.23(b) or 372.23(c).
    (3) * * *
    (i) The sum of the value of services provided and/or products 
shipped and/or produced from those establishments that have primary SIC 
major group or industry codes listed in Sec.  372.23(a), or primary 
NAICS subjector or industry codes listed in Sec.  372.23(b) or 
372.23(c) is greater than 50 percent of the total value of all services 
provided and/or products shipped from and/or produced by all 
establishments at the facility.
    (ii) One establishment having a primary SIC major group or industry 
code listed in Sec.  372.23(a), or a primary NAICS subsector or 
industry codes listed in Sec.  372.23(b) or 372.23(b) contributes more 
in terms of value of services provided and/or products shipped from 
and/or produced at the facility than any other establishment within 
that facilities.
* * * * *
    3. Add a new Sec.  372.23 to Subpart B to read as follows:


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

    The requirements of this part supply to facilities in the following 
SIC and NAICS codes. This section contains three listings. Paragraph 
(a) of this section lists the SIC code to which this part applies. 
Paragraph (b) of this section list the NAICS codes that correspond to 
SIC codes 20 through 39 to which this part applies. Paragraph (c) of 
this section lists the NAICS codes that correspond to SIC codes other 
than SIC codes 20 through 39 to which this part applies.
    (a) SIC codes.

------------------------------------------------------------------------
Major  group or industry code        Exceptions and/or limitations
------------------------------------------------------------------------
10...........................  Except 1011, 1081, and 1094.
12...........................  Except 1241.
20 through 39
4911, 4931, 4939.............  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution.
4953.........................  Limited to facilities regulated under the
                                Resources Conservation and Recovery Act,
                                42 U.S.C. 6921, et seq.
5169
5171
7389.........................  Limited to facilities primarily engaged
                                in solvent recovery services on a
                                contract or fee basis.
------------------------------------------------------------------------

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

------------------------------------------------------------------------
 Subsector  code or industry
             code                    Exceptions and/or limitations
------------------------------------------------------------------------
311..........................  Except 311119--Exception is limited to
                                facilities primarily engaged in Custom
                                Grain Grinding for Animal Feed
                                (previously classified under SIC 0723,
                                Crop Preparation Services for Market,
                                Except Cotton Ginning);
                               Except 311330--Exeception is limited to
                                facilities primarily engaged in the
                                retail sale of candy, nuts, popcorn and
                                other confections not for immediate
                                consumption made on the premises
                                (previously classified under SIC 5441,
                                Candy, Nut, and Confectionery Stores):
                               Except 311340--Exception is limited to
                                facilities primarily engaged in the
                                retail sale of candy, nuts, popcorn and
                                other confections not for immediate
                                consumption made on the premises
                                (previously classified under SIC 5441,
                                Candy, Nut, and Confectionery Stores);
                               Except 311811--Retail Bakeries
                                (previously classified under SIC 5461,
                                Retail Bakeries);

[[Page 13885]]

 
                               Except 311611--Exception is limited to
                                facilities primarily engaged in Custom
                                Slaughtering for individuals (previously
                                classified under SIC 0751, Livestock
                                Services, Except Veterinary,
                                Slaughtering, custom: for individuals);
                               Except 311612--Exception is limited to
                                facilities primarily engaged in the
                                cutting up and resale of purchased fresh
                                carcasses for the trade (including boxed
                                beef), and in the wholesale distribution
                                of fresh, cured, and processed (but not
                                canned) meats and lard (previously
                                classified under SIC 5147, Meats and
                                Meat Products);
312..........................  Except 312229--Exception is limited to
                                facilities primarily engaged in
                                providing Tobacco Sheeting Services
                                (previously classified under SIC 7389,
                                Business Services, NEC);
313..........................  Except 313311--Exception is limited to
                                facilities primarily engaged in
                                converting broadwoven piece goods and
                                broadwoven textiles, (previously
                                classified under SIC 5131, Piece Goods
                                Notions, and Other Dry Goods, broadwoven
                                and non-broadwoven piece good
                                converters), and facilities primarily
                                engaged in sponging fabric for tailors
                                and dressmakers (previously classified
                                under SIC 7389, Business Services, NEC
                                (Sponging fabric for tailors and
                                dressmakers));
                               Except 313312--Exception is limited to
                                facilities primarily engaged in
                                converting narrow woven Textiles, and
                                narrow woven piece goods, (previously
                                classified under SIC 5131, Piece Goods
                                Notions, and Other Dry Goods,
                                converters, except broadwoven fabric);
314..........................  Except 314121--Exception is limited to
                                facilities primarily engaged in making
                                Custom drapery for retail sale
                                (previously classified under SIC 5714,
                                Drapery, Curtain, and Upholstery
                                Stores);
                               Except 314129--Exception is limited to
                                facilities primarily engaged in making
                                Custom slipcovers for retail sale
                                (previously classified under SIC 5714,
                                Drapery, Curtain, and Upholstery
                                Stores);
                               Except 314999--Exception is limited to
                                facilities primarily engaged in Binding
                                carpets and rugs for the trade, Carpet
                                cutting and binding, and Embroidering on
                                textile products (except apparel) for
                                the trade (previously classified under
                                SIC 7389, Business Services Not
                                Elsewhere Classified, Embroidering of
                                advertising on shirts and Rug binding
                                for the trade);
315..........................  Except 315222--Exception is limited to
                                custom tailors primarily engaged in
                                making and selling men's and boys'
                                suits, cut and sewn from purchased
                                fabric (previously classified under SIC
                                5699, Miscellaneous Apparel and
                                Accessory Stores (custom tailors));
                               Except 315223--Exception is limited to
                                custom tailors primarily engaged in
                                making and selling men's and boys' dress
                                shirts, cut and sewn from purchased
                                fabric (previously classified under SIC
                                5699, Miscellaneous Apparel and
                                Accessory Stores (custom tailors));
                               Except 315233--Exception is limited to
                                custom tailors primarily engaged in
                                making and selling bridal dresses or
                                gowns, or women's, misses' and girls'
                                dresses cut and sewn from purchased
                                fabric (except apparel
                                contractors)(dressmakers) (previously
                                classified under SIC Code 5699,
                                Miscellaneous Apparel and Accessory
                                Stores);
316
321
322
323..........................  Except 323114--Exception is limited to
                                facilities primarily engaged in
                                reproducing text, drawings, plans, maps,
                                or other copy, by blueprinting,
                                photocopying, mimeographing, or other
                                methods of duplication other than
                                printing or microfilming (i.e., instant
                                printing) (previously classified under
                                SIC 7334, Photocopying and Duplicating
                                Services, (instant printing));
324
325..........................  Except 325998--Exception is limited to
                                facilities primarily engaged in Aerosol
                                can filling on a job order or contract
                                basis (previously classified under SIC
                                7389, Business Services, NEC (aerosol
                                packaging));
326..........................  Except 326212--Tire Retreading,
                                (previously classified under SIC 7534,
                                Tire Retreading and Repair Shops
                                (rebuilding));
331
332
333
334..........................  Except 334611--Software Reproducing
                                (previously classified under SIC 7372,
                                Prepackaged Software, (reproduction of
                                software));
                               Except 334612--Exception is limited to
                                facilities primarily engaged in mass
                                reproducing prerecorded Video cassettes,
                                and mass reproducing Video tape or disk
                                (previously classified under SIC 7819,
                                Services Allied to Motion Picture
                                Production (reproduction of Video));
335..........................  Except 335312--Exception is limited to
                                facilities primarily engaged in armature
                                rewinding on a factory basis (previously
                                classified under SIC 7694 (Armature
                                Rewinding Shops (remanufacturing));
336
337..........................  Except 337110--Exception is limited to
                                facilities primarily engaged in the
                                retail sale of household furniture and
                                that manufacture custom wood kitchen
                                cabinets and counter tops (previously
                                classified under SIC 5712, Furniture
                                Stores (custom wood cabinets));
                               Except 337121--Exception is limited to
                                facilities primarily engaged in the
                                retail sale of household furniture and
                                that manufacture custom made upholstered
                                household furniture (previously
                                classified under SIC 5712, Furniture
                                Stores (upholstered, custom made
                                furniture));
                               Except 337122--Exception is limited to
                                facilities primarily engaged in the
                                retail sale of household furniture and
                                that manufacture nonupholstered,
                                household type, custom wood furniture
                                (previously classified under SIC 5712,
                                Furniture Stores (custom made wood
                                nonupholstered household furniture
                                except cabinets));
339..........................  Except 339115--Exception is limited to
                                lens grinding facilities that are
                                primarily engaged in the retail sale of
                                eyeglasses and contact lenses to
                                prescription for individuals (previously
                                classified under SIC 5995, Optical Goods
                                Stores (optical laboratories grinding of
                                lenses to prescription));
                               Except 339116--Dental Laboratories
                                (previously classified under SIC 8072,
                                Dental Laboratories);

[[Page 13886]]

 
111998.......................  Limited to facilities primarily engaged
                                in reducing maple sap to maple syrup
                                (previously classified under SIC 2099,
                                Food Preparations, NEC, Reducing Maple
                                Sap to Maple Syrup);
211112.......................  Limited to facilities that recover sulfur
                                from natural gas (previously classified
                                under SIC 2819, Industrial Inorganic
                                Chemicals, NEC (recovering sulfur from
                                natural gas));
212111
212112
212113
212324.......................  Limited to facilities operating without a
                                mine or quarry and that are primarily
                                engaged in beneficiating kaolin and clay
                                (previously classified under SIC 3295,
                                Minerals and Earths, Ground or Otherwise
                                Treated (grinding, washing, separating,
                                etc. of minerals in SIC 1455));
212325.......................  Limited to facilities operating without a
                                mine or quarry and that are primarily
                                engaged in beneficiating clay and
                                ceramic and refractory minerals
                                (previously classified under SIC 3295,
                                Minerals and Earths, Ground or Otherwise
                                Treated (grinding, washing, separating,
                                etc. of minerals in SIC 1459));
212393.......................  Limited to facilities operating without a
                                mine or quarry and that are primarily
                                engaged in beneficiating chemical or
                                fertilizer mineral raw materials
                                (previously classified under SIC 3295,
                                Minerals and Earths, Ground or Otherwise
                                Treated (grinding, washing, separating,
                                etc. of minerals in SIC 1479));
212399.......................  Limited to facilities operating without a
                                mine or quarry and that are primarily
                                engaged in beneficiating nonmetallic
                                minerals (previously classified under
                                SIC 3295, Minerals and Earths, Ground or
                                Otherwise Treated (grinding, washing,
                                separating, etc. of minerals in SIC
                                1499));
488390.......................  Limited to facilities that are primarily
                                engaged in providing routine repair and
                                maintenance of ships and boats from
                                floating drydocks (previously classified
                                under SIC 3731, Shipbuilding and
                                Repairing (floating drydocks not
                                associated with a shipyard));
511110
511120
511130
511140.......................  Except facilities that are primarily
                                engaged in furnishing services for
                                direct mail advertising including
                                Address list compilers, Address list
                                publishers, Address list publishers and
                                printing combined, Address list
                                publishing, Business directory
                                publishers, Catalog of collections
                                publishers, Catalog of collections
                                publishers and printing combined,
                                Mailing list compilers, Directory
                                compilers, and Mailing list compiling
                                services (previously classified under
                                SIC 7331, Direct Mail Advertising
                                Services (mailing list compilers));
511191
511199
512220
512230.......................  Except facilities primarily engaged in
                                Music copyright authorizing use, Music
                                copyright buying and licensing, and
                                Music publishers working on their own
                                account (previously classified under SIC
                                8999, Services, NEC (music publishing));
541710.......................  Limited to facilities that are primarily
                                engaged in Guided missile and space
                                vehicle engine research and development
                                (previously classified under SIC 3764,
                                Guided Missile and Space Vehicle
                                Propulsion Units and Propulsion Unit
                                Parts), and in Guided missile and space
                                vehicle parts (except engines) research
                                and development (previously classified
                                under SIC 3769, Guided Missile and Space
                                Vehicle Parts and Auxiliary Equipment,
                                Not Elsewhere Classified);
811490.......................  Limied to facilities that are primarily
                                engaged in repairing and servicing
                                pleasure and sail boats without
                                retailing new boats (previously
                                classified under SIC 3732, Boat Building
                                and Repairing (pleasure boat building);
------------------------------------------------------------------------

    (c) NAICS codes that correspond to SIC codes other than SIC codes 
20 through 39.

------------------------------------------------------------------------
  Subsector or industry code         Exceptions and/or limitations
------------------------------------------------------------------------
212111
212112.......................
212113.......................
212221.......................
212222.......................
212231.......................
212234.......................
212299.......................
221111.......................  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.
221112.......................  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.
221113.......................  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.
221119.......................  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.
221121.......................  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.

[[Page 13887]]

 
221122.......................  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.
422690
422710
562112.......................  Limited to facilities primarily engaged
                                in solvent recovery services on a
                                contract or fee basis (previously
                                classified under SIC 7389, Business
                                Services, NEC);
562211.......................  Limited to facilities regulated under the
                                Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
562212.......................  Limited to facilities regulated under the
                                Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
562213.......................  Limited to facilities regulated under the
                                Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
562219.......................  Limited to facilities regulated under the
                                Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
562920.......................  Limited to facilities regulated under the
                                Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
------------------------------------------------------------------------

    4. Amend Sec.  372.38 by revising paragraphs (e), (g), and (h) to 
read as follows:


Sec.  372.38  Exemptions.

* * * * *
    (e) Certain owners of leased property. The owner of a covered 
facility is not subject to reporting under Sec.  372.30 if such owner's 
only interest in the facility is ownership of the real estate upon 
which the facility is operated. This exemption applies to owners of 
facilities such as industrial parks, all or part of which are leased to 
persons who operate establishments in any SIC code or NAICS code in 
Sec.  372.23 that is subject to the requirement of this part, where the 
owner has no other business interest in the operation of the covered 
facility.
* * * * *
    (g) Coal extraction activities. If a toxic chemical is 
manufactured, processed, or otherwise used in extraction by facilities 
in SIC code 12, or in NAICS codes 212111, 212112 or 212113, a person is 
not required to consider the quantity of the toxic chemical so 
manufactured, processed, or otherwise used when determining whether an 
applicable threshold has been met under Sec.  372.25, Sec.  372.27, or 
Sec.  372.28, or determining the amounts to be reported under Sec.  
372.30.
    (h) Metal mining overburden. If a toxic chemical that is a 
constituent of overburden is processed or otherwise used by facilities 
in SIC code 10, or in NAICS codes 212221, 212222, 212231, 212234 or 
212299, a person is not required to consider the quantity of the toxic 
chemical so processed; or otherwise used when determining whether an 
applicable threshold has been met under Sec.  372.25, Sec.  372.27, or 
Sec.  372.28, or determining the amounts to be reported under Sec.  
372.30.
    5. Amend Sec.  372.45 by revising paragraph (a)(1) to read as 
follows:


Sec.  372.45  Notification about toxic chemicals.

    (a) * * *
    (1) Is in SIC codes 20 through 39 or a NAICS code that corresponds 
to SIC codes 20 through 39 as set forth in Sec.  372.22(b).
* * * * *
    6. Amend Sec.  372.85 by revising paragraph (b)(5) to read as 
follows:


Sec.  372.85  Toxic chemical release reporting form and instructions.

* * * * *
    (b) * * *
    (5) The four-digit SIC code(s) and the six-digit NAICS code(s) for 
the facility or establishments in the facility through the reporting 
period ending July 1, 2004. After the reporting period ending July 1, 
2004, the six-digit NAICS code(s) for the facility or establishments in 
the facility.
* * * * *
    7. Amend Sec.  372.95 by revising paragraph (b)(10) to read as 
follows:


Sec.  372.95  Alternate threshold certification and instructions.

* * * * *
    (b) * * *
    (10) The four digit-SIC code(s) and the six-digit NAICS code(s) for 
the facility or establishments in the facility through the reporting 
period ending July 1, 2004. After the reporting period ending July 1, 
2004, the six-digit NAICS code(s) for the facility or establishments in 
the facility.
* * * * *

[FR Doc. 03-6582 Filed 3-20-03; 8:45 am]
BILLING CODE 6560-50-M