[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Proposed Rules]
[Pages 43772-43779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15287]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-OPPT-2022-0387; FRL-9529-01-OCSPP]
RIN 2070-AL09


Community Right-To-Know; Adopting 2022 North American Industry 
Classification System (NAICS) Codes for Toxics Release Inventory (TRI) 
Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to update the list of North American Industry 
Classification System (NAICS) codes subject to reporting under the 
Toxics Release Inventory (TRI) to reflect the Office of Management and 
Budget (OMB) 2022 NAICS code revision. OMB updates the NAICS codes 
every five years. EPA currently uses 2017 NAICS codes and is proposing 
to implement the 2022 codes for TRI Reporting Year 2022 (i.e., 
facilities reporting to TRI would be required to use 2022 NAICS codes 
on reports that are due to the Agency by July 1, 2023). The actual data 
required by a TRI form will not change as a result of this rulemaking, 
nor will the rule affect the universe of TRI reporting facilities that 
are required to submit reports to the Agency under the Emergency 
Planning and Community Right-to-Know Act (EPCRA).

DATES: Comments must be received on or before September 20, 2022.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2022-0387, through the Federal eRulemaking 
Portal at https://www.regulations.gov. Follow the online instructions 
for submitting comments. Do not submit electronically any information 
you consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Rachel Dean, Data Collection 
Branch, Data Gathering and Analysis Division (Mailcode: 7406M), Office 
of Pollution Prevention and Toxics, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 
(202) 566-1303; email address: [email protected].

[[Page 43773]]

    For general information contact: The Emergency Planning and 
Community Right-to-Know Information Center; telephone number: (800) 
424-9346 or (703) 348-5070 in the Washington, DC Area and 
International; website: https://www.epa.gov/aboutepa/epa-hotlines.

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

    You may be potentially affected by this action if you own or 
operate facilities that have 10 or more full-time employees or the 
equivalent of 20,000 employee hours per year that manufacture, process, 
or otherwise use toxic chemicals listed on the TRI, and that are 
required under section 313 of EPCRA or section 6607 of the Pollution 
Prevention Act (PPA) to report annually to EPA and States or Tribes 
their environmental releases or other waste management quantities of 
covered chemicals. (A rule was published on April 19, 2012 (77 FR 
23409; FRL-9660-9), requiring facilities located in Indian country to 
report to the appropriate tribal government official and EPA instead of 
to the state and EPA.)
    The following list of 2017 North American Industrial Classification 
System (NAICS) codes is not intended to be exhaustive, but rather 
provides a guide to help readers determine whether this document 
applies to them. Potentially affected entities may include:
     Facilities included in the following NAICS manufacturing 
codes (corresponding to Standard Industrial Classification (SIC) codes 
20 through 39): 311*, 312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 
325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*, 111998*, 
113310, 211130* (corresponds to SIC 2819), 212324*, 212325*, 212393*, 
212399*, 488390*, 511110, 511120, 511130, 511140*, 511191, 511199, 
512230*, 512250*, 519130*, 541713*, 541715*, or 811490*.
    (*Exceptions and/or limitations exist for these NAICS codes.)
     Facilities included in the following NAICS manufacturing 
codes (corresponding to SIC codes other than 20-39): 211130 
(corresponds to SIC code 1321); or 212111, 212112, 212113, (corresponds 
to SIC code 12, Coal Mining (except 1241)); 212221, 212222, 212230, 
212299 (corresponds to SIC code 10, Metal Mining (except 1011, 1081, 
and 1094)); or 22111*, 221121, 221122, 221330 (limited to facilities 
that combust coal and/or oil for the purpose of generating power 
distribution in commerce) (corresponds to SIC codes 4911, 4931, and 
4939, Electric Utilities); or 424690, 425110, 425120 (limited to 
facilities previously classified in SIC code 5169, Chemicals and Allied 
Products, Not Elsewhere Classified); or 424710 (corresponds to SIC code 
5171, Petroleum Bulk Terminals and Plants); or 562112 (limited to 
facilities primarily engaged in solvent recovery services on a contract 
or fee basis (previously classified under SIC code 7389, Business 
Services, Not Elsewhere Classified)); or 562211, 562212, 562213, 
562219, 562920 (limited to facilities regulated under the Resource 
Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) 
(corresponds to SIC code 4953, Refuse Systems).
    (*Exceptions and/or limitations exist for these NAICS codes.)
     Federal facilities.
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the technical person listed in 
the FOR FURTHER INFORMATION CONTACT section.

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

    EPA is taking this action under EPCRA sections 313(g)(1) and 328, 
42 U.S.C. 11023(g)(1) and 11048. In general, EPCRA section 313 requires 
owners and operators of covered facilities in specified SIC codes that 
manufacture, process, or otherwise use listed toxic chemicals in 
amounts above specified threshold levels to report certain facility 
specific information about such chemicals, including the annual 
releases and other waste management quantities. EPCRA section 313(g)(1) 
requires EPA to publish a uniform toxic chemical release form for these 
reporting purposes, and it also prescribes, in general terms, the types 
of information that must be submitted on the form. Congress also 
granted EPA broad rulemaking authority to allow the Agency to fully 
implement the statute. EPCRA section 328 authorizes EPA to ``prescribe 
such regulations as may be necessary to carry out this chapter.'' 42 
U.S.C. 11048.

C. Why is EPA taking this action?

    In the Federal Register of April 9, 1997 (62 FR 17288), OMB 
published a final decision to adopt the NAICS economic classification 
system, replacing the Standard Industry Classification (SIC) system 
which had traditionally been used by the Federal Government for 
collecting and organizing industry-related statistics. Consistent with 
EPCRA section 313 and PPA section 6607, on June 6, 2006, EPA amended 40 
CFR part 372 to change TRI reporting from requiring SIC codes to 
requiring NAICS codes (71 FR 32464; FRL-8180-2) (Ref. 1). This 
amendment to the regulation included the 2002 NAICS codes for TRI 
reporting. OMB revises the NAICS codes every five years. Therefore, EPA 
subsequently updated the NAICS codes in:
     June 9, 2008 (73 FR 32466; FRL-8577-1) to include the 2007 
codes,
     July 18, 2013 (78 FR 42875; FRL-9825-8) (Ref. 2) to 
include the 2012 NAICS codes,
     December 26, 2017 (82 FR 60906; FRL-9970-02) to include 
the 2017 NAICS codes.
    In the Federal Register of December 21, 2021, OMB announced updated 
NAICS codes for 2022 (86 FR 72277). In this document EPA is proposing 
to amend 40 CFR part 372 to reflect OMB's updated 2022 NAICS codes.
    NAICS codes are used by EPA's TRI program, which provides the 
ability to track releases and other waste management (among other 
information) of chemicals by a sector and/or facility basis. This 
detailed information is made public so that community members, 
industrial facilities, research organizations, and federal government 
can make informed decisions that impact human health and the 
environment. Also, comparative analysis by sector or facility can 
demonstrate the volume of a specific chemical released to air, water, 
and land. In addition, NAICS codes help provide a snapshot of pollution 
prevention efforts at each facility by demonstrating results of toxic 
emissions reductions across industry sectors.

D. What action is the Agency taking?

    Given OMB's revisions to the NAICS codes that became effective 
January 1, 2022, EPA is proposing to amend 40 CFR part 372 to update 
the 2022 NAICS codes for TRI reporting. In addition, EPA is proposing 
to include NAICS codes in 40 CFR part 372 for facilities that are 
covered under TRI's SIC codes but had been inadvertently excluded in 
past TRI NAICS rulemakings. EPA is also proposing to update the CFR to 
account for the discretionary authority provision provided in EPCRA 
section 313(b)(2) (42 U.S.C. 11023(b)(2)).
1. NAICS Codes Updated To Conform With the 2022 NAICS Code 
Modifications
    Under this action, TRI reporting requirements would remain 
unchanged. However, due to the 2022 NAICS code modifications, some 
facilities will need to modify their reported NAICS codes as outlined 
in Table 1 in Unit I.D., which identifies only the revised TRI NAICS

[[Page 43774]]

reporting codes and is not an exhaustive list of all NAICS reporting 
codes subject to EPCRA section 313 and PPA section 6607. Table 1 also 
includes notes where a 2022 NAICS code is the result of merging 2017 
NAICS codes. In those cases, EPA is clarifying which subset of the 2022 
NAICS code is covered by TRI. (Note that non-TRI-covered NAICS codes 
will not be listed in the table.) A complete listing of all TRI-covered 
facilities can be found in the regulations at 40 CFR 372.23.

                                   Table 1--Modified TRI Reporting NAICS Codes
----------------------------------------------------------------------------------------------------------------
                                              2017 NAICS and U.S.       2022 NAICS        2022 NAICS and U.S.
             2017 NAICS code                      description              code               description
----------------------------------------------------------------------------------------------------------------
212111..................................  Bituminous Coal and                 212114  Surface Coal Mining.
                                           Lignite Surface Mining.
212112..................................  Bituminous Coal                     212115  Underground Coal Mining.
                                           Underground Mining.
212113..................................  Anthracite Mining--                 212114  Surface Coal Mining.
                                           anthracite surface mining
                                           activity.
212113..................................  Anthracite Mining--                 212115  Underground Coal Mining.
                                           anthracite underground
                                           mining activity.
212221..................................  Gold Ore Mining...........          212220  Gold Ore and Silver Ore
                                                                                       Mining.
212222..................................  Silver Ore Mining.........              ''  ''
212299..................................  All Other Metal Ore Mining         212290.  Other Metal Ore Mining.
                                                                                      This merges both TRI-
                                                                                       covered and non-TRI-
                                                                                       covered NAICS codes. Only
                                                                                       212299: All Other Metal
                                                                                       Ore Mining was covered by
                                                                                       TRI. TRI will note that
                                                                                       only ``All Other Metal
                                                                                       Ore Mining'' facilities
                                                                                       under NAICS code 212290
                                                                                       are required to report.
212324..................................  Kaolin and Ball Clay                212323  Kaolin, Clay, and Ceramic
                                           Mining.                                     and Refractory Minerals
                                                                                       Mining.
212325..................................  Clay and Ceramic and                    ''  ''
                                           Refractory Minerals
                                           Mining.
212393..................................  Other Chemical and                  212390  Other Nonmetallic Mineral
                                           Fertilizer Mineral Mining.                  Mining and Quarrying.
212399..................................  All Other Nonmetallic                   ''  ''
                                           Mineral Mining.                            This merges both TRI-
                                                                                       covered and non-TRI-
                                                                                       covered NAICS codes. Only
                                                                                       212393 and 212399 were
                                                                                       covered by TRI. TRI will
                                                                                       note that only ``Other
                                                                                       Chemical and Fertilizer
                                                                                       Mineral Mining'' and
                                                                                       ``All Other Nonmetallic
                                                                                       Mineral Mining''
                                                                                       facilities under NAICS
                                                                                       code 212390 are required
                                                                                       to report.
315110..................................  Hosiery and Sock Mills....          315120  Apparel Knitting Mills.
315190..................................  Other Apparel Knitting                  ''  ''
                                           Mills.
315220..................................  Men's and Boys' Cut and             315250  Cut and Sew Apparel
                                           Sew Apparel Manufacturing.                  Manufacturing (except
                                                                                       Contractors).
315240..................................  Women's, Girls', and                    ''  ''
                                           Infants' Cut and Sew
                                           Apparel Manufacturing.
315280..................................  Other Cut and Sew Apparel               ''  ''
                                           Manufacturing.
316992..................................  Women's Handbag and Purse           316990  Other Leather and Allied
                                           Manufacturing.                              Product Manufacturing.
316998..................................  All Other Leather Good and              ''  ''
                                           Allied Product
                                           Manufacturing.
321213..................................  Engineered Wood Member              321215  Engineered Wood Member
                                           (except Truss)                              Manufacturing
                                           Manufacturing.
321214..................................  Truss Manufacturing.......              ''  ''
322121..................................  Paper (except Newsprint)            322120  Paper Mills.
                                           Mills.
322122..................................  Newsprint Mills...........              ''  ''
325314..................................  Fertilizer (Mixing Only)    325315, 325314  Compost Manufacturing
                                           Manufacturing.                              Fertilizer (Mixing Only)
                                                                                       Manufacturing.
333244..................................  Printing Machinery                  333248  All Other Industrial
                                           Equipment Manufacturing.                    Machinery Manufacturing.
333249..................................  Other Industrial Machinery              ''  ''
                                           Manufacturing.
333314..................................  Optical Instrument and              333310  Commercial and Service
                                           Lens Manufacturing.                         Industry Machinery
                                                                                       Manufacturing.
333316..................................  Photographic and                        ''  ''
                                           Photocopying Equipment
                                           Manufacturing.
333318..................................  Other Commercial and                    ''  ''
                                           Service Industry
                                           Machinery Manufacturing.
333997..................................  Scale and Balance                   333998  All Other Miscellaneous
                                           Manufacturing.                              General Purpose Machinery
                                                                                       Manufacturing.
333999..................................  All Other Miscellaneous                 ''  ''
                                           General Purpose Machinery
                                           Manufacturing.
334613..................................  Blank Magnetic and Optical          334610  Manufacturing and
                                           Recording Media                             Reproducing Magnetic and
                                           Manufacturing.                              Optical Media.
334614..................................  Software and Other                      ''  ''
                                           Prerecorded Compact Disc,
                                           Tape, and Record
                                           Reproducing.
335121..................................  Residential Electric                335131  Residential Electric
                                           Lighting Fixture                            Lighting Fixture
                                           Manufacturing.                              Manufacturing.
335122..................................  Commercial, Industrial,             335132  Commercial, Industrial,
                                           and Institutional                           and Institutional
                                           Electric Lighting Fixture                   Electric Lighting Fixture
                                           Manufacturing.                              Manufacturing.
335110..................................  Electric Lamp Bulb and              335139  Electric Lamp Bulb and
                                           Part Manufacturing.                         Other Lighting Equipment
                                                                                       Manufacturing.
335129..................................  Other Lighting Equipment                ''  ''
                                           Manufacturing.
335911..................................  Storage Battery                     335910  Battery Manufacturing.
                                           Manufacturing.
335912..................................  Primary Battery                         ''  ''
                                           Manufacturing.

[[Page 43775]]

 
336111..................................  Automobile Manufacturing..          336110  Automobile and Light Duty
                                                                                       Motor Vehicle
                                                                                       Manufacturing.
336112..................................  Light Truck and Utility                 ''  ''
                                           Vehicle Manufacturing.
337124..................................  Metal Household Furniture           337126  Household Furniture
                                           Manufacturing.                              (except Wood and
                                                                                       Upholstered)
                                                                                       Manufacturing.
337125..................................  Household Furniture                     ''  ''
                                           (except Wood and Metal)
                                           Manufacturing.
425110..................................  Business to Business                425120  Wholesale Trade Agents and
                                           Electronic Markets.                         Brokers.
511110..................................  Newspaper Publishers......          513110  Newspaper Publishers.
519130..................................  Internet Publishing and                 ''  ''
                                           Broadcasting and Web
                                           Search Portals--Internet
                                           Newspaper Publishers
                                           activity.
511120..................................  Periodical Publishers.....          513120  Periodical Publishers.
519130..................................  Internet Publishing and                 ''  ''
                                           Broadcasting and Web
                                           Search Portals--Internet
                                           Periodical Publishers
                                           activity.
511130..................................  Book Publishers...........          513130  Book Publishers.
519130..................................  Internet Publishing and                 ''  ''
                                           Broadcasting and Web
                                           Search Portals--Internet
                                           Book Publishers activity.
511140..................................  Directory and Mailing List          513140  Directory and Mailing List
                                           Publishers.                                 Publishers.
519130..................................  Internet Publishing and                 ''  ''
                                           Broadcasting and Web
                                           Search Portals--Internet
                                           Directory and Mailing
                                           List Publishers activity.
511191..................................  Greeting Card Publishers..          513191  Greeting Card Publishers.
519130..................................  Internet Publishing and                 ''  ''
                                           Broadcasting and Web
                                           Search Portals for
                                           Internet Greeting Card
                                           Publishers activity.
511199..................................  All Other Publishers......          513199  All Other Publishers.
519130..................................  Internet Publishing and                 ''  ''
                                           Broadcasting and Web
                                           Search Portals for All
                                           other Internet Publishers
                                           activity.
519130..................................  Internet Publishing and             516210  Media Streaming
                                           Broadcasting and Web                        Distribution Services,
                                           Search Portals--Internet                    Social Networks, and
                                           Broadcasting activity.                      Other Media Networks and
                                                                                       Content Providers.
                                                                                      This merges both TRI-
                                                                                       covered and non-TRI-
                                                                                       covered NAICS codes. Only
                                                                                       519130: Internet
                                                                                       Publishing and
                                                                                       Broadcasting and Web
                                                                                       Search Portals was
                                                                                       covered by TRI. TRI will
                                                                                       note that only certain
                                                                                       ``Internet Broadcasting''
                                                                                       facilities under NAICS
                                                                                       code 516210 are required
                                                                                       to report.
519130..................................  Internet Publishing and             519290  Web Search Portals and All
                                           Broadcasting and Web                        Other Information
                                           Search Portals--Web                         Services.
                                           Search Portals activity.
                                                                                      This merges both TRI-
                                                                                       covered and non-TRI-
                                                                                       covered NAICS codes. Only
                                                                                       519130: Internet
                                                                                       Publishing and
                                                                                       Broadcasting and Web
                                                                                       Search Portals was
                                                                                       covered by TRI. TRI will
                                                                                       note that only certain
                                                                                       ``Web Search Portals''
                                                                                       facilities under NAICS
                                                                                       code 519290 are required
                                                                                       to report.
----------------------------------------------------------------------------------------------------------------

2. Listing of Certain NAICS Codes in the Utilities Industry Sector
    Additionally, facilities included in the following NAICS 
manufacturing codes will be listed at 40 CFR 372.23 and will be subject 
to TRI reporting requirements (see 40 CFR part 372--[AMENDED]): 
221114--Solar Electric Power Generation; 221115--Wind Electric Power 
Generation; 221116--Geothermal Electric Power Generation; and 221117--
Biomass Electric Power Generation). In 1997, when EPA added the 
electric utility industry sector to the scope of the TRI, the Agency 
qualified the addition to include all facilities which ``burn any 
quantity of coal or oil to generate power for distribution in 
commerce.'' (62 FR 23834, May 1, 1997; FRL-5578-3) (Ref. 3). Further, 
the Agency clearly stated that this addition includes any facility 
classified under SIC codes 4911, 4931, or 4939 that combusts coal and/
or oil for the purpose of generating power for distribution in 
commerce. EPA clearly stated that this coverage includes a facility 
that burns ``any quantity'' of coal or oil to generate power for 
distribution in commerce, noting examples where a facility might burn 
coal or oil for purposes other than distribution in commerce and thus 
not fit the qualifier provided for the industry sector. (62 FR 23834, 
23863) (Ref. 3).
    The 2007 NAICS to 2012 NAICS revision split NAICS 221119 (a NAICS 
code at the time covered by TRI due to its crosswalk to SIC codes 4911, 
4931, and 4939) into multiple codes (i.e., 221114, 221115, 221116, 
221117, and 221118). When EPA updated the set of 2007 NAICS codes used 
by TRI to conform to the 2012 NAICS revision, the Agency listed only 
221118, neglecting to include 221114, 221115, 221116, and 221117. (78 
FR 42875) (Ref. 2). However, as provided by the 1997 rule that included 
electricity generating facilities that combust coal and/or oil for the 
purpose of generating power for distribution in commerce, these NAICS 
codes should have been included in the

[[Page 43776]]

CFR. Further, because the CFR lists SIC codes 4911, 4931, and 4939 as 
being regulated by TRI, facilities in NAICS codes 221114, 221115, 
221116, and 221117 would be regulated by TRI should they combust coal 
and/or oil for the purpose of generating power for distribution in 
commerce despite the Agency's oversight in terms of failing to list 
these NAICS codes in the CFR. Therefore, facilities identifying with 
these NAICS codes (i.e., 221114, 221115, 22116, and 221117) are covered 
under TRI reporting regulation and EPA proposes to address its previous 
oversight by adding these NAICS codes to 40 CFR 372.23. Similarly, in 
the 2006 rule to include NAICS codes in the regulations for TRI, EPA 
neglected to include NAICS code 221210. SIC codes 4931 and 4939 are 
covered TRI reporting codes (40 CFR 372.23(b), 62 FR 23834). Both of 
these SIC codes crosswalk to multiple NAICS codes which are listed on 
the CFR, except for 221210. EPA acknowledges it was an oversight not to 
include 221210 in the 2006 rule adopting NAICS codes for TRI reporting 
(71 FR 32464) (Ref. 1) and proposes to add 221210 to 40 CFR 372.23 for 
this NAICS update rule.
    Crosswalk tables between all 2017 NAICS codes and 2022 NAICS codes 
can be found on the internet at https://www.census.gov/naics/.
3. Updates to 40 CFR Part 372 To Accommodate EPCRA Section 313(b)(2)
    As authorized under EPCRA section 313(b)(2), the EPA Administrator 
may determine that a particular facility is subject to the requirements 
of EPCRA section 313(a) on the basis of the toxicity of a chemical, the 
facility's proximity to other facilities that release the chemical or 
to population centers, the history of releases of the chemical at the 
facility, or other factors the Administrator deems appropriate. This 
authority has been codified previously in TRI regulations, describing 
the process for modifying the list of covered facilities (40 CFR 
372.20(b)). EPA is proposing to also codify this discretionary 
authority at 40 CFR 372.22, which describes the criteria to determine 
whether a facility must report to TRI for a certain calendar year. This 
proposed edit is a conforming edit to accommodate the longstanding 
discretionary authority under EPCRA section 313(b)(2), and this edit 
would not alter the universe of EPCRA section 313 reporters or any TRI 
reporting requirements. This additional criteria for facilities 
reporting to TRI will be added to 40 CFR 372.22 (see part 372--
[AMENDED]).

E. What are the incremental impacts of this action?

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

F. Are there potentially disproportionate impacts for children health?

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997), 
as applying only to those regulatory actions that concern health or 
safety risks that the EPA has reason to believe may disproportionately 
affect children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

II. References

    The following is a listing of the documents that are specifically 
referenced in this document. The docket includes these documents and 
other information considered by EPA, including documents that are 
referenced within the documents that are included in the docket, even 
if the referenced document is not physically located in the docket. For 
assistance in locating these other documents, please consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

1. U.S. EPA. Community Right-to-Know; Toxic Chemical Release 
Reporting Using North American Industry Classification System 
(NAICS); Final Rule. Federal Register. 71 FR 32464, June 6, 2006 
(FRL-8180-2).
2. U.S. EPA. Community Right-to-Know; Adoption of 2012 North 
American Industry Classification System (NAICS) Codes for Toxics 
Release Inventory (TRI) Reporting; Final Rule. Federal Register. 78 
FR 42875, July 18, 2013 (FRL-9825-8).
3. U.S. EPA. Addition of Facilities in Certain Industry Sectors; 
Revised Interpretation of Otherwise Use; Toxic Release Inventory 
Reporting; Community Right-to-Know; Final Rule. Federal Register. 62 
FR 23834, May 1, 1997 (FRL-5578-3).

III. Statutory and Executive Order Reviews

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

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

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

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA, 44 U.S.C. 3501 et seq. Facilities that are affected by 
the rule are already required to report their industrial classification 
codes on the approved reporting forms under EPCRA section 313 and PPA 
section 6607. In addition, OMB has previously approved the information 
collection activities involving Form R and Form A as contained in 40 
CFR part 372 under OMB Control No. 20070-0212 (EPA ICR No. 2613.04).
    Under the PRA, an agency may not conduct or sponsor, and a person 
is not required to respond to, a collection of information, unless it 
displays a currently valid OMB control number. The OMB control numbers 
are displayed either by publication in the Federal Register or by other 
appropriate means, such as on the related collection instrument or 
form, if applicable. The display of OMB control numbers for certain EPA 
regulations is consolidated in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA, 5 
U.S.C. 601 et seq. In making this determination, EPA concludes that the 
impact of concern for this rule is any significant adverse economic 
impact on small entities and that the agency is certifying that this 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule has no net burden on the small 
entities subject to the rule. This proposed rule adds no new reporting 
requirements, and there would be no net increase in respondent burden 
and costs. This rule would only update the NAICS codes already reported 
by respondents. As such, this action will not impose any new 
requirements on small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does

[[Page 43777]]

not significantly or uniquely affect small governments. The action 
would impose no enforceable duty on any state, local or tribal 
governments or the private sector.

E. Executive Order 13132: Federalism

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

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

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

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern health or 
safety risks that the EPA has reason to believe may disproportionately 
affect children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

    This action is not a ``significant energy action'' under Executive 
Order 13211 (66 FR 28355, May 22, 2001) because it is not likely to 
have a significant adverse effect on the supply, distribution or use of 
energy and has not otherwise been designated by the Administrator of 
OMB's Office of Information and Regulatory Affairs as a ``significant 
energy action.'' This action is not expected to affect energy use, 
energy supply or energy prices.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards. As such, 
NTTAA section 12(d), 15 U.S.C. 272 note, does not apply to this action.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations and 
Executive Order 14008: Tackling the Climate Crisis at Home and Abroad

    In accordance with Executive Order 12898 (59 FR 7629, February 16, 
1994) and Executive Order 14008 (86 FR 7619, January 27, 2021), EPA 
finds that this action will not result in disproportionately high and 
adverse human health, environmental, climate-related, or other 
cumulative impacts on disadvantaged communities because this action 
does not establish an environmental health or safety standard.

List of Subjects in 40 CFR Part 372

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

    Dated: July 13, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
    Therefore, for the reasons set forth in the preamble, it is 
proposed that 40 CFR chapter I be amended as follows:

PART 372--TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW

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

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

0
2. Amend Sec.  372.22 by revising the introductory paragraph and adding 
paragraph (d) to read as follows:


Sec.  372.22  Covered facilities for toxic chemical release reporting.

    A facility is a covered facility for a particular calendar year, 
and must report under 40 CFR 372.30, if the facility meets either all 
of the criteria in paragraphs (a) through (c), or all of the criteria 
in paragraphs (c) and (d), for that calendar year.
* * * * *
    (d) The Administrator determined that applying the 42 U.S.C. 11023 
requirements to the facility was warranted, pursuant to 42 U.S.C. 
11023(b)(2) and 40 CFR 372.20(b).
0
3. Amend Sec.  372.23 by revising paragraphs (b) and (c) to read as 
follows:


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

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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
311--Food Manufacturing...........  Except 311119--Exception is limited
                                     to facilities previously classified
                                     under SIC 0723, Crop Preparation
                                     Services for Market, Except Cotton
                                     Ginning.
                                    Except 311340--Exception is limited
                                     to facilities previously classified
                                     under SIC 5441, Candy, Nut, and
                                     Confectionery Stores.
                                    Except 311352--Exception is limited
                                     to facilities previously classified
                                     under SIC 5441, Candy, Nut, and
                                     Confectionery Stores.
                                    Except 311611--Exception is limited
                                     to facilities previously classified
                                     under SIC 0751, Livestock Services,
                                     Except Veterinary.
                                    Except 311612--Exception is limited
                                     to facilities previously classified
                                     under SIC 5147, Meats and Meat
                                     Products.
                                    Except 311811--Exception is limited
                                     to facilities previously classified
                                     under SIC 5461, Retail Bakeries.
312--Beverage and Tobacco Product   Except 312112--Exception is limited
 Manufacturing.                      to facilities previously classified
                                     under SIC 5149, Groceries and
                                     Related Products, Not Elsewhere
                                     Classified.
                                    Except 312230--Exception is limited
                                     to facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified, except
                                     facilities primarily engaged in
                                     solvent recovery services on a
                                     contract or fee basis.
313--Textile Mills................  Except 313310--Exception is limited
                                     to facilities previously classified
                                     under SIC 5131, Piece Goods,
                                     Notions, and Other Dry Goods; and
                                     facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified, except
                                     facilities primarily engaged in
                                     solvent recovery services on a
                                     contract or fee basis.
314--Textile Product Mills........  Except 314120--Exception is limited
                                     to facilities previously classified
                                     under SIC 5714, Drapery, Curtain,
                                     and Upholstery Stores.
                                    Except 314999--Exception is limited
                                     to facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified, except
                                     facilities primarily engaged in
                                     solvent recovery services on a
                                     contract or fee basis.

[[Page 43778]]

 
315--Apparel Manufacturing........  Except 315290--Exception is limited
                                     to facilities previously classified
                                     under SIC 5699, Miscellaneous
                                     Apparel and Accessory Stores.
316--Leather and Allied Product     ....................................
 Manufacturing.
321--Wood Product Manufacturing...  ....................................
322--Paper Manufacturing..........  ....................................
323--Printing and Related Support   Except 323111--Exception is limited
 Activities.                         to facilities previously classified
                                     under SIC 7334, Photocopying and
                                     Duplicating Services.
324--Petroleum and Coal Products    ....................................
 Manufacturing.
325--Chemical Manufacturing.......  Except 325998--Exception is limited
                                     to facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified.
326--Plastics and Rubber Products   Except 326212--Exception is limited
 Manufacturing.                      to facilities previously classified
                                     under SIC 7534, Tire Retreading and
                                     Repair Shops.
327--Nonmetallic Mineral Product    Except 327110--Exception is limited
 Manufacturing.                      to facilities previously classified
                                     under SIC 5719, Miscellaneous Home
                                     Furnishings Stores.
331--Primary Metal Manufacturing..  ....................................
332--Fabricated Metal Product       ....................................
 Manufacturing.
333--Machinery Manufacturing
334--Computer and Electronic        Except 334610--Exception is limited
 Product Manufacturing.              to facilities previously classified
                                     under SIC 7372, Prepackaged
                                     Software; and to facilities
                                     previously classified under SIC
                                     7819, Services Allied to Motion
                                     Picture Production.
335--Electrical Equipment,          Except 335312--Exception is limited
 Appliance, and Component            to facilities previously classified
 Manufacturing.                      under SIC 7694, Armature Rewinding
                                     Shops.
336--Transportation Equipment       ....................................
 Manufacturing.
337--Furniture and Related Product  Except 337110--Exception is limited
 Manufacturing.                      to facilities previously classified
                                     under SIC 5712, Furniture Stores.
                                    Except 337121--Exception is limited
                                     to facilities previously classified
                                     under SIC 5712, Furniture Stores.
                                    Except 337122--Exception is limited
                                     to facilities previously classified
                                     under SIC 5712, Furniture Stores.
339--Miscellaneous Manufacturing..  Except 339113--Exception is limited
                                     to facilities previously classified
                                     under SIC 5999, Miscellaneous
                                     Retail Stores, Not Elsewhere
                                     Classified.
                                    Except 339115--Exception is limited
                                     to lens grinding facilities
                                     previously classified under SIC
                                     5995, Optical Goods Stores.
                                    Except 339116--Exception is limited
                                     to facilities previously classified
                                     under SIC 8072, Dental
                                     Laboratories.
111998--All Other Miscellaneous     Limited to facilities previously
 Crop Farming.                       classified under SIC 2099, Food
                                     Preparations, Not Elsewhere
                                     Classified.
113310--Logging
211130--Natural Gas Extraction....  Limited to facilities that recover
                                     sulfur from natural gas and
                                     previously classified under SIC
                                     2819, Industrial Inorganic
                                     Chemicals, Not Elsewhere
                                     Classified.
212323--Kaolin, Clay, and Ceramic   Limited to facilities operating
 and Refractory Minerals Mining.     without a mine or quarry and
                                     previously classified under SIC
                                     3295, Minerals and Earths, Ground
                                     or Otherwise Treated.
212390--Other Nonmetallic Mineral   Limited to facilities previously
 Mining and Quarrying.               classified under SIC 3295, Minerals
                                     and Earths, Ground or Otherwise
                                     Treated.
488390--Other Support Activities    Limited to facilities previously
 for Water Transportation.           classified under SIC 3731,
                                     Shipbuilding and Repairing.
512230--Music Publishers..........  Except facilities previously
                                     classified under SIC 8999,
                                     Services, Not Elsewhere Classified.
512250--Record Production and       Limited to facilities previously
 Distribution.                       classified under SIC 3652,
                                     Phonograph Records and Prerecorded
                                     Audio Tapes and Disks.
5131--Publishing Industries.......  Except for facilities primarily
                                     engaged in web search portals and
                                     except for facilities previously
                                     classified under SIC 7331, Direct
                                     Mail Advertising Services and SIC
                                     8999, Services Not Elsewhere
                                     Classified.
516210--Media Streaming             Limited to Internet publishing
 Distribution Services, Social       facilities previously classified
 Networks, and Other Media           under SIC 2711, Newspapers:
 Networks and Content Providers.     Publishing, or Publishing and
                                     Printing; facilities previously
                                     classified under SIC 2721,
                                     Periodicals: Publishing, or
                                     Publishing and Printing; facilities
                                     previously classified under SIC
                                     2731, Books: Publishing, or
                                     Publishing and Printing; facilities
                                     previously classified under SIC
                                     2741, Miscellaneous Publishing;
                                     facilities previously classified
                                     under SIC 2771, Greeting Cards;
                                     Except for facilities primarily
                                     engaged in web search portals.
519290--Web Search Portals and All  Limited to Internet publishing
 Other Information Services.         facilities previously classified
                                     under SIC 2711, Newspapers:
                                     Publishing, or Publishing and
                                     Printing; facilities previously
                                     classified under SIC 2721,
                                     Periodicals: Publishing, or
                                     Publishing and Printing; facilities
                                     previously classified under SIC
                                     2731, Books: Publishing, or
                                     Publishing and Printing; facilities
                                     previously classified under SIC
                                     2741, Miscellaneous Publishing;
                                     facilities previously classified
                                     under SIC 2771, Greeting Cards;
                                     Except for facilities primarily
                                     engaged in web search portals.
541713--Research and Development    Limited to facilities previously
 in Nanotechnology.                  classified under SIC 3764, Guided
                                     Missile and Space Vehicle
                                     Propulsion Units and Propulsion
                                     Unit Parts; and facilities
                                     previously classified under SIC
                                     3769, Guided Missile and Space
                                     Vehicle Parts and Auxiliary
                                     Equipment, Not Elsewhere
                                     Classified.
541715--Research and Development    Limited to facilities previously
 in the Physical, Engineering, and   classified under SIC 3764, Guided
 Life Sciences (except               Missile and Space Vehicle
 Nanotechnology and Biotechnology).  Propulsion Units and Propulsion
                                     Unit Parts; and facilities
                                     previously classified under SIC
                                     3769, Guided Missile and Space
                                     Vehicle Parts and Auxiliary
                                     Equipment, Not Elsewhere
                                     Classified.
811490--Other Personal and          Limited to facilities previously
 Household Goods Repair and          classified under SIC 3732, Boat
 Maintenance.                        Building and Repairing.
------------------------------------------------------------------------


[[Page 43779]]

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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
211130--Natural Gas Extraction....  Limited to facilities classified
                                     under SIC 1321, Natural Gas
                                     Liquids.
212114--Surface Coal Mining.......
212115--Underground Coal Mining...  ....................................
212220--Gold Ore and Silver Ore     ....................................
 Mining.
212230--Copper, Nickel, Lead and    ....................................
 Zinc Mining.
212290--Other Metal Ore Mining....  Limited to facilities previously
                                     classified under SIC 1061,
                                     Ferroalloy Ores, Except Vanadium
                                     (nickel); and facilities previously
                                     classified under SIC 1099,
                                     Miscellaneous Metal Ores, Not
                                     Elsewhere Classified.
221111--Hydroelectric Power         Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221112--Fossil Fuel Electric Power  Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221113--Nuclear Electric Power      Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221114--Solar Electric Power        Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221115--Wind Electric Power         Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221116--Geothermal Electric Power   Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221117--Biomass Electric Power      Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221118--Other Electric Power        Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221121--Electric Bulk Power         Limited to facilities that combust
 Transmission and Control.           coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221122--Electric Power              Limited to facilities that combust
 Distribution.                       coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221210--Natural Gas Distribution..  Limited to facilities previously
                                     classified under SIC 4931, Electric
                                     and Other Services Combined and
                                     facilities previously classified
                                     under SIC 4939, Combination
                                     Utilities, Not Elsewhere
                                     Classified.
221330--Steam and Air Conditioning  Limited to facilities previously
 Supply.                             classified under SIC 4939,
                                     Combination Utilities, Not
                                     Elsewhere Classified.
424690--Other Chemical and Allied   ....................................
 Products Merchant Wholesalers.
424710--Petroleum Bulk Stations     ....................................
 and Terminals.
425120--Wholesale Trade Agents and  Limited to facilities previously
 Brokers.                            classified in SIC 5169, Chemicals
                                     and Allied Products, Not Elsewhere
                                     Classified.
562112--Hazardous Waste Collection  Limited to facilities primarily
                                     engaged in solvent recovery
                                     services on a contract or fee basis
                                     and previously classified under SIC
                                     7389, Business Services, Not
                                     Elsewhere Classified;
562211--Hazardous Waste Treatment   Limited to facilities regulated
 and Disposal.                       under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
562212--Solid Waste Landfill......  Limited to facilities regulated
                                     under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
562213--Solid Waste Combustors and  Limited to facilities regulated
 Incinerators.                       under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
562219--Other Nonhazardous Waste    Limited to facilities regulated
 Treatment and Disposal.             under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
562920--Materials Recovery          Limited to facilities regulated
 Facilities.                         under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
------------------------------------------------------------------------

* * * * *
[FR Doc. 2022-15287 Filed 7-21-22; 8:45 am]
BILLING CODE 6560-50-P