Community Right-to-Know; Adoption of 2012 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting
Federal Register, Volume 78 Issue 138 (Thursday, July 18, 2013)
Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)
Proposed Rules
Pages 42910-42921
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2013-17297
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ENVIRONMENTAL PROTECTION AGENCY
EPA-HQ-OEI-2011-0979; FRL-9825-9
RIN 2025-AA36
Community Right-to-Know; Adoption of 2012 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) 2012 NAICS revision. Facilities would be required to use 2012 NAICS codes when reporting to TRI beginning with TRI reporting forms that are due on July 1, 2014, covering releases and other waste management quantities for the 2013 calendar year. In the ``Rules and Regulations'' section of today's Federal Register, we are simultaneously publishing the 2012 OMB NAICS revisions for TRI Reporting as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule. We will withdraw this proposed rule, and the direct final rule will become effective as specified in that rule. If, however, we do receive adverse comment in response to this proposed rule or in response to the direct final rule, then we will publish a timely withdrawal in the Federal Register informing the public that the direct final rule will not take effect. In that case, we would address all public comments in a subsequent final rule based on this proposed rule. We will not institute a second comment period on this action. Any parties interested in
Page 42911
commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document.
DATES: Comments must be received on or before August 19, 2013.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2011-0979, by one of the following methods:
http://www.regulations.gov: Follow the on-line instructions for submitting comments.
Email: oei.docket@epa.gov.
Fax: (202) 566-0715.
Mail: OEI Docket, Environmental Protection Agency, Mailcode 2822T, 1200 Pennsylvania Ave. NW., Washington, DC, 20460.
Hand Delivery: EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC, 20460. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2011-0979. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information for which disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters or any form of encryption and must be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information for which disclosure is restricted by statute. Certain other materials, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the OEI Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The Public Reading Room is open 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.
FOR FURTHER INFORMATION CONTACT: Judith Kendall, Toxics Release Inventory Program Division, Mailcode 2844T, OEI, Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Ave. NW., Washington, DC 20460; Telephone: (202) 566-0750; Fax: (202) 566-0715; email: kendall.judith@epa.gov. 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/.
SUPPLEMENTARY INFORMATION:
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Why is EPA issuing this proposed rule?
This document proposes to take action 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) final 2012 NAICS revision (75 FR 26856 and 76 FR 51240). We have published a direct final rule to adopt the OMB 2012 NAICS codes for TRI reporting purposes in the ``Rules and Regulations'' section of this Federal Register because we view this as a noncontroversial action and anticipate no adverse comment. We have explained our reasons for this action in the preamble to the direct final rule.
If we receive no adverse comment, we will not take further action on this proposed rule. The proposed rule will be withdrawn, and the direct final rule will become effective as specified in that rule. If, however, we receive adverse comment, we will withdraw the direct final rule and it will not take effect. In that case, we would address all public comments in any subsequent final rule based on this proposed rule.
We do not intend to institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information, please see the information provided in the ADDRESSES section of this document.
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Does this action 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 manufacture, process, or otherwise use toxic chemicals listed on the TRI, and that are required under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) or section 6607 of the Pollution Prevention Act (PPA) to report annually to EPA and States or Tribes their environmental releases or other waste management quantities of covered chemicals. (A rule was published on April 19, 2012 (77 FR 23409), requiring facilities located in Indian country to report to the appropriate tribal government official and EPA instead of to the state and EPA.) Under Executive Order 13423 (January 24, 2007), published in the Federal Register on January 26, 2007 (72 FR 3919), all federal facilities are required to comply with the provisions set forth in Section 313 of EPCRA and section 6607 of the PPA. On March 29, 2007, the White House Council on Environmental Quality (CEQ) issued Instructions for Implementing Executive Order 13423, including annual reporting to the TRI program. Notice of availability of those implementing instructions was published in the Federal Register on June 18, 2007 (72 FR 33504).
To determine whether your facility is affected by this action, you should carefully examine the applicability criteria in Part 372 of Title 40 of the Code of Federal Regulations. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed in the FOR FURTHER INFORMATION CONTACT section.
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What should I consider as I prepare my comments for EPA?
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Submitting CBI
If you wish to claim information submitted in a comment to be CBI, it will be handled in accordance with procedures set forth in 40 CFR part 2,
Page 42912
subpart B. If you do not assert a confidentiality claim at the time of submission, the information may be made available to the public by EPA without further notice. See 40 CFR 2.203, 41 FR 36902, September 1, 1976. Do not submit this information to EPA through www.regulations.gov or email. Clearly mark the specific information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR Part 2.
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Tips for Preparing Your Comments
When submitting comments, remember to:
Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number).
Follow directions--The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.
Describe any assumptions and provide any technical information and/or data that you used.
If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.
Provide specific examples to illustrate your concerns, and suggest alternatives.
Explain your views as clearly as possible, avoiding the use of profanity or personal threats.
Make sure to submit your comments by the comment period deadline identified.
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What is EPA's statutory authority for taking this action?
EPA is taking this action under sections 313(g)(1) and 328 of EPCRA, 42 U.S.C. 11023(g)(1) and 11048. 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 covered facilities in specified Standard Industrial Classification (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. Congress also granted EPA broad rulemaking authority to allow the Agency to fully implement the statute. EPCRA section 328 states that: ``The Administrator may prescribe such regulations as may be necessary to carry out this chapter.'' 42 U.S.C. 11048.
Consistent with these authorities, on June 6, 2006, EPA amended 40 CFR Part 372 to include the 2002 NAICS codes that correspond to the SIC codes that are currently subject to section 313 of EPCRA and section 6607 of the PPA (71 FR 32464). On June 9, 2008 (73 FR 32466), EPA amended 40 CFR Part 372 to include the 2007 NAICS codes that correspond to the SIC codes that are currently subject to section 313 of EPCRA and section 6607 of the PPA. This proposed action would amend 40 CFR Part 372 to include OMB's revised NAICS codes for 2012.
Owners and operators of facilities that are subject to section 313 would need to use 2012 NAICS codes when identifying their principal business activities beginning with TRI reporting forms that are due on July 1, 2014, covering releases and other waste management quantities at the facility for the 2013 calendar year.
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Background Information
What is the general background for this action?
EPA promulgated a final TRI NAICS rule on June 6, 2006, to amend its regulations for TRI, found at 40 CFR Part 372, to include NAICS codes in addition to SIC codes. The list of TRI NAICS codes that appeared in the final rule was developed from the OMB 2002 NAICS revision. EPA updated the list of TRI NAICS codes in 2008 (73 FR 32466), to incorporate changes to the TRI NAICS codes resulting from the OMB 2007 NAICS revision.
The Office of Management and Budget (OMB) revises North American Industry Classification Codes every five years. An OMB Federal Register notice published on May 12, 2010 (75 FR 26856), announced updated NAICS codes for 2012, and a second OMB Federal Register notice published on Aug. 17, 2011 (76 FR 51240), finalized and further modified the NAICS codes for 2012.
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Proposed Action
-
What is the agency proposing?
EPA would amend 40 CFR Part 372 to include 2012 NAICS codes for TRI reporting that accurately reflect the universe of covered facilities under section 313 of EPCRA and section 6607 of the PPA.
-
Would the proposal change the universe of facilities that are currently required to report to EPA and the States?
Today's proposal of updating the list of NAICS codes to reflect the 2012 OMB NAICS revision would not change the universe of facilities that are currently required to report to EPA and the States.
-
How would Section 313 reporting requirements change as a result of this proposed rule?
TRI reporting requirements would not change as a result of this proposed rule. This proposed rule would simply revise the NAICS codes to reflect the OMB NAICS 2012 revision.
-
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Which TRI-covered NAICS codes have been modified under this proposed rule?
The Office of Management and Budget (OMB) revises North American Industry Classification Codes every five years. An OMB Federal Register notice published on May 12, 2010 (75 FR 26856), announced updated NAICS codes for 2012, and a second OMB Federal Register notice published on August 17, 2011 (76 FR 51240), finalized and further modified the NAICS codes for 2012. All facilities that are currently required to report to TRI would still be required to report, and facilities that are not currently required to file TRI reports to the Agency would not be required to do so. However, due to the 2012 NAICS modifications, some facilities would need to modify their NAICS codes as outlined in the table below. This table reflects only the revised TRI NAICS reporting codes. A complete table of all TRI NAICS reporting codes can be found in the regulations at Sec. 372.23.
Page 42913
Revised TRI 2012 Reporting Codes
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2007 NAICS and 2012 NAICS
2007 NAICS Code U.S. Description 2012 NAICS Code description
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221119........... Other Electric 221118.......... Other Electric
Power Power
Generation. Generation.
311222........... Soybean 311224.......... Soybean and
311223........... Processing. Other Oilseed
Other Oilseed Processing.
Processing.
311311........... Sugarcane Mills. 311314.......... Cane Sugar
311312........... Cane Sugar Manufacturing.
Refining.
311320........... Chocolate and 311351.......... Chocolate and
Confectionery Confectionery
Manufacturing Manufacturing
from Cacao from Cacao
Beans. Beans.
311330........... Confectionery 311352.......... Confectionery
Manufacturing Manufacturing
from Purchased from Purchased
Chocolate. Chocolate.
311711........... Seafood Canning. 311710.......... Seafood Product
311712........... Fresh and Frozen Preparation and
Seafood Packaging.
Processing.
311822........... Flour Mixes and 311824.......... Dry Pasta,
311823........... Dough Dough, and
Manufacturing Flour Mixes
from Purchased Manufacturing
Flour. from Purchased
Dry Pasta Flour.
Manufacturing.
312210........... Tobacco Stemming 312230.......... Tobacco
and Redrying. Manufacturing.
312221........... Cigarette
Manufacturing.
312229........... Other Tobacco
Product
Manufacturing.
313111........... Yarn Spinning 313110.......... Fiber, Yarn, and
Mills. Thread Mills.
313112........... Yarn Texturizing,
Throwing, and
Twisting Mills.
313113........... Thread Mills.
313221........... Narrow Fabric 313220.......... Narrow Fabric
Mills. Mills and
Schiffli
Machine
Embroidery.
313222........... Schiffli Machine
Embroidery.
313241........... Weft Knit Fabric 313240.......... Knit Fabric
Mills. Mills.
313249........... Other Knit Fabric
and Lace Mills.
313311........... Broadwoven Fabric 313310.......... Textile and
Finishing Mills. Fabric
Finishing
Mills.
313312........... Textile and
Fabric Finishing
(except
Broadwoven
Fabric) Mills.
314121........... Curtain and 314120.......... Curtain and
Drapery Mills. Linen Mills.
314129........... Other Household
Textile Product
Mills.
314911........... Textile Bag 314910.......... Textile Bag and
Mills. Canvas Mills.
314912........... Canvas and
Related Product
Mills.
314991........... Rope, Cordage, 314994.......... Rope, Cordage,
and Twine Mills. Twine, Tire
Cord, and Tire
Fabric Mills.
314992........... Tire Cord and
Tire Fabric
Mills.
315111........... Sheer Hosiery 315110.......... Hosiery and Sock
Mills. Mills.
315119........... Other Hosiery and
Sock Mills.
315191........... Outerwear 315190.......... Other Apparel
Knitting Mills. Knitting Mills.
315192........... Underwear and
Nightwear
Knitting Mills.
315211........... Men's and Boys' 315210.......... Cut and Sew
Cut and Sew Apparel
Apparel Contractors.
Contractors.
315212........... Women's, Girls',
and Infants' Cut
and Sew Apparel
Contractors.
315221........... Men's and Boys' 315220.......... Men's and Boys'
Cut and Sew Cut and Sew
Underwear and Apparel
Nightwear Manufacturing.
Manufacturing.
315222........... Men's and Boys'
Cut and Sew
Suit, Coat, and
Overcoat
Manufacturing.
315223........... Men's and Boys'
Cut and Sew
Shirt (except
Work Shirt)
Manufacturing.
315224........... Men's and Boys'
Cut and Sew
Trouser, Slack,
and Jean
Manufacturing.
315225........... Men's and Boys'
Cut and Sew Work
Clothing
Manufacturing.
315228........... Men's and Boys'
Cut and Sew
Other Outerwear
Manufacturing.
315231........... Women's and 315240.......... Women's, Girls',
Girls' Cut and and Infants'
Sew Lingerie, Cut and Sew
Loungewear, and Apparel
Nightwear Manufacturing.
Manufacturing.
315232........... Women's and
Girls' Cut and
Sew Blouse and
Shirt
Manufacturing.
315233........... Women's and
Girls' Cut and
Sew Dress
Manufacturing.
315234........... Women's and
Girls' Cut and
Sew Suit, Coat,
Tailored Jacket,
and Skirt
Manufacturing.
315239........... Women's and
Girls' Cut and
Sew Other
Outerwear
Manufacturing.
315291........... Infants' Cut and
Sew Apparel
Manufacturing.
315292........... Fur and Leather 315280.......... Other Cut and
Apparel Sew Apparel
Manufacturing. Manufacturing.
315299........... All Other Cut and
Sew Apparel
Manufacturing.
315991........... Hat, Cap, and 315990.......... Apparel
Millinery Accessories and
Manufacturing. Other Apparel
Manufacturing.
315992........... Glove and Mitten
Manufacturing.
315993........... Men's and Boys'
Neckwear
Manufacturing.
Page 42914
315999........... Other Apparel
Accessories and
Other Apparel
Manufacturing.
316211........... Rubber and 316210.......... Footwear
Plastics Manufacturing.
Footwear
Manufacturing.
316212........... House Slipper
Manufacturing.
316213........... Men's Footwear
(except
Athletic).
316214........... Manufacturing on
Women's Footwear
(except
Athletic).
316219........... Manufacturing
Other Footwear
Manufacturing.
316991........... Luggage 316998.......... All Other
Manufacturing. Leather Good
and Allied
Product
Manufacturing.
316993........... Personal Leather
Good (except
Women's Handbag
and Purse)
Manufacturing.
316999........... All Other Leather
Good and Allied
Product
Manufacturing.
322213........... Setup Paperboard 322219.......... Other Paperboard
Box Container
Manufacturing. Manufacturing.
322214........... Fiber Can, Tube,
Drum, and
Similar Products
Manufacturing.
322215........... Nonfolding
Sanitary Food
Container
Manufacturing.
322221........... Coated and 322220.......... Paper Bag and
Laminated Coated and
Packaging. Treated Paper
Manufacturing.
322222........... Coated and
Laminated Paper
Manufacturing.
322223........... Coated Paper Bag
and Pouch
Manufacturing.
322224........... Uncoated Paper
and Multiwall
Bag
Manufacturing.
322225........... Laminated
Aluminum Foil
Manufacturing
for Flexible
Packaging Uses.
322226........... Surface-Coated
Paperboard
Manufacturing.
322231........... Die-Cut Paper and 322230.......... Stationery
Paperboard Product
Office Supplies Manufacturing.
Manufacturing.
322232........... Envelope
Manufacturing.
322233........... Stationery,
Tablet, and
Related Product
Manufacturing.
323110........... Commercial 323111.......... Commercial
Lithographic Printing
Printing. (except Screen
and Books).
323111........... Commercial
Gravure
Printing).
323112........... Commercial
Flexographic
Printing.
323114........... Quick Printing.
323115........... Digital Printing.
323116........... Manifold Business
Forms Printing.
323118........... Blankbook,
Looseleaf
Binders, and
Devices
Manufacturing.
323119........... Other Commercial
Printing.
323121........... Tradebinding and 323120.......... Support
Related Work. Activities for
Printing.
323122........... Prepress
Services.
325131........... Inorganic Dye and 325130.......... Synthetic Dye
Pigment and Pigment
Manufacturing. Manufacturing.
325132........... Synthetic Organic
Dye and Pigment
Manufacturing.
325181........... Alkalies and 325180.......... Other Basic
Chlorine Inorganic
Manufacturing. Chemical
Manufacturing.
325182........... Carbon Black
Manufacturing.
325188........... All Other Basic
Inorganic
Chemical
Manufacturing.
325191........... Gum and Wood 325194.......... Cyclic Crude,
Chemical Intermediate,
Manufacturing. and Gum and
Wood Chemical
Manufacturing.
325192........... Cyclic Crude and
Intermediate
Manufacturing.
325221........... Cellulosic 325220.......... Artificial and
Organic Fiber Synthetic
Manufacturing. Fibers and
Filaments
Manufacturing.
325222........... Noncellulosic
Organic Fiber
Manufacturing.
326192........... Resilient Floor 326199.......... All Other
Covering Plastics
Manufacturing. Product
Manufacturing.
327111........... Vitreous China 327110.......... Pottery,
Plumbing Fixture Ceramics, and
and China and Plumbing
Earthenware Fixture
Bathroom Manufacturing.
Accessories
Manufacturing.
327112........... Vitreous China,
Fine
Earthenware, and
Other Pottery
Product
Manufacturing.
327113........... Porcelain
Electrical
Supply
Manufacturing.
327121........... Brick and 327120.......... Clay Building
Structural Clay Material and
Tile Refractories
Manufacturing. Manufacturing.
327122........... Ceramic Wall and
Floor Tile
Manufacturing.
327123........... Other Structural
Clay Product
Manufacturing.
327124........... Clay Refractory
Manufacturing.
327125........... Nonclay
Refractory
Manufacturing.
331111........... Iron and Steel 331110.......... Iron and Steel
Mills. Mills and
Ferroalloy
Manufacturing.
331112........... Electrometallurgi
cal Ferroalloy
Product
Manufacturing.
331311........... Alumina Refining. 331313.......... Alumina Refining
and Primary
Aluminum
Production.
331312........... Primary Aluminum
Production.
331316........... Aluminum Extruded 331318.......... Other Aluminum
Product Rolling,
Manufacturing. Drawing, and
Extruding.
331319........... Other Aluminum
Rolling and
Drawing.
Page 42915
331411........... Primary Smelting 331410.......... Nonferrous Metal
and Refining of (except
Copper. Aluminum)
Smelting and
Refining.
331419........... Primary Smelting
and Refining of
Nonferrous Metal
(except Copper
and Aluminum).
331421........... Copper Rolling, 331420.......... Copper Rolling,
Drawing, and Drawing,
Extruding. Extruding, and
Alloying.
331422........... Copper Wire
(except
Mechanical)
Drawing.
331423........... Secondary
Smelting,
Refining, and
Alloying of
Copper.
331521........... Aluminum Die- 331523.......... Nonferrous Metal
Casting Die-Casting
Foundries. Foundries.
331522........... Nonferrous
(except
Aluminum) Die-
Casting
Foundries.
331525........... Copper Foundries 331529.......... Other Nonferrous
(except Die- Metal Foundries
Casting). (except Die-
Casting).
331528........... Other Nonferrous
Foundries
(except Die-
Casting).
332115........... Crown and Closure 332119.......... Metal Crown,
Manufacturing. Closure, and
Other Metal
Stamping
(except
Automotive).
332116........... Metal Stamping.
332211........... Cutlery and 332215.......... Metal Kitchen
Flatware (except Cookware,
Precious) Utensil,
Manufacturing. Cutlery, and
Flatware
(except
Precious)
Manufacturing.
332214........... Kitchen Utensil,
Pot, and Pan
Manufacturing.
332212........... Hand and Edge 332216.......... Saw Blade and
Tool Handtool
Manufacturing. Manufacturing.
332213........... Saw Blade and
Handsaw
Manufacturing.
332611........... Spring (Heavy 332613.......... Spring
Gauge) Manufacturing.
Manufacturing.
332612........... Spring (Light
Gauge)
Manufacturing.
332994........... Small Arms 332994.......... Small Arms,
Manufacturing. Ordnance, and
Ordnance
Accessories
Manufacturing.
332995........... Other Ordnance
and Accessories
Manufacturing.
332997........... Industrial 332999.......... All Other
Pattern Miscellaneous
Manufacturing. Fabricated
Metal Product
Manufacturing.
332998........... Enameled Iron and 332999.......... All Other
Metal Sanitary Miscellaneous
Ware Fabricated
Manufacturing. Metal Product
Manufacturing.
332999........... All Other
Miscellaneous
Fabricated Metal
Product
Manufacturing.
333210........... Sawmill and 333243.......... Sawmill,
Woodworking Woodworking,
Machinery and Paper
Manufacturing Machinery
pt. Manufacturing.
333291........... Paper Industry
Machinery
Manufacturing.
333220........... Plastics and 333249.......... Other Industrial
Rubber Industry Machinery
Machinery Manufacturing.
Manufacturing.
333292........... Textile Machinery
Manufacturing.
333298........... All Other
Industrial
Machinery
Manufacturing.
333293........... Printing 333244.......... Printing
Machinery and Machinery and
Equipment Equipment
Manufacturing. Manufacturing.
333294........... Food Product 333241.......... Food Product
Machinery Machinery
Manufacturing. Manufacturing.
333295........... Semiconductor 333242.......... Semiconductor
Machinery Machinery
Manufacturing. Manufacturing.
333311........... Automatic Vending 333318.......... Other Commercial
Machine and Service
Manufacturing. Industry
Machinery
Manufacturing.
333312........... Commercial
Laundry,
Drycleaning, and
Pressing Machine
Manufacturing.
333313........... Office Machinery
Manufacturing.
333319........... Other Commercial
and Service
Industry
Machinery
Manufacturing.
333315........... Photographic and 333316.......... Photographic and
Photocopying Photocopying
Equipment Equipment
Manufacturing. Manufacturing.
334119........... Other Computer
Peripheral
Equipment
Manufacturing.
digital camera
manufacturing.
333411........... Air Purification 333413.......... Industrial and
Equipment Commercial Fan
Manufacturing. and Blower and
Air
Purification
Equipment
Manufacturing.
333412........... Industrial and
Commercial Fan
and Blower
Manufacturing.
333512........... Machine Tool 333517.......... Machine Tool
(Metal Cutting Manufacturing.
Types)
Manufacturing.
333513........... Machine Tool
(Metal Forming
Types)
Manufacturing.
333516........... Rolling Mill 333519.......... Rolling Mill and
Machinery and Other
Equipment Metalworking
Manufacturing. Machinery
Manufacturing.
333518........... Other
Metalworking
Machinery
Manufacturing.
334113........... Computer Terminal 334118.......... Computer
Manufacturing. Terminal and
Other Computer
Peripheral
Equipment
Manufacturing.
334119........... Other Computer
Peripheral
Equipment
Manufacturing
except digital
camera
manufacturing.
334411........... Electron Tube 334419.......... Other Electronic
Manufacturing. Component
Manufacturing.
334414........... Electronic 334416.......... Capacitor,
Capacitor Resistor, Coil,
Manufacturing. Transformer,
and Other
Inductor
Manufacturing.
334415........... Electronic
Resistor
Manufacturing.
334416........... Electronic Coil,
Transformer, and
Other Inductor
Manufacturing.
Page 42916
334518........... Watch, Clock, and 334519.......... Other Measuring
Part and Controlling
Manufacturing. Device
Manufacturing.
334611........... Software 334614.......... Software and
Reproducing. Other
Prerecorded
Compact Disc,
Tape, and
Record
Reproducing.
334612........... Prerecorded
Compact Disc
(except
Software), Tape,
and Record
Reproducing.
335211........... Electric 335210.......... Small Electrical
Housewares and Appliance
Household Fan Manufacturing.
Manufacturing.
335212........... Household Vacuum
Cleaner
Manufacturing.
336311........... Carburetor, 336310.......... Motor Vehicle
Piston, Piston Gasoline Engine
Ring, and Valve and Engine
Manufacturing. Parts
Manufacturing.
336312........... Gasoline Engine
and Engine Parts
Manufacturing.
336321........... Vehicular 336320.......... Motor Vehicle
Lighting Electrical and
Equipment Electronic
Manufacturing. Equipment
Manufacturing.
336322........... Other Motor
Vehicle
Electrical and
Electronic
Equipment
Manufacturing.
336391........... Motor Vehicle Air- 336390.......... Other Motor
Conditioning Vehicle Parts
Manufacturing. Manufacturing.
336399........... All Other Motor
Vehicle Parts
Manufacturing.
337129........... Wood Television, 321999.......... All Other
Radio, and Miscellaneous
Sewing Machine Wood Product
Cabinet Manufacturing.
Manufacturing.
339911........... Jewelry (except 339910.......... Jewelry and
Costume) Silverware
Manufacturing. Manufacturing.
339912........... Silverware and
Hollowware
Manufacturing.
339913........... Jewelers'
Material and
Lapidary Work
Manufacturing.
339914........... Costume Jewelry
and Novelty
Manufacturing.
339931........... Doll and Stuffed 339930.......... Doll, Toy, and
Toy Game
Manufacturing. Manufacturing.
339932........... Game, Toy, and
Children's
Vehicle
Manufacturing.
339941........... Pen and 339940.......... Office Supplies
Mechanical (except Paper)
Pencil Manufacturing.
Manufacturing.
339942........... Lead Pencil and
Art Good
Manufacturing.
339943........... Marking Device
Manufacturing.
339944........... Carbon Paper and
Inked Ribbon
Manufacturing.
------------------------------------------------------------------------
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What additional reporting burden is associated with this action?
This proposed rule would add no new reporting requirements, and there would be no net increase in respondent burden. Facilities were first required to use NAICS codes when reporting their toxic chemical releases and other waste management activities to EPA beginning in 2007 for reporting year 2006. Covered facilities should refer to the updated NAICS code list in 40 CFR 372.23 when reporting. Crosswalk tables between 2007 NAICS codes and 2012 NAICS codes can be found on the Internet at http://www.census.gov/epcd/www/naics.html.
-
Regulatory Assessment Requirements
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Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011).
EPA analyzed the potential costs and benefits associated with this action, and determined that since this rule adds no new reporting requirements, there will be no net increase in respondent burden or other economic impacts.
-
Paperwork Reduction Act
This action does not impose any new information collection burden. Facilities that are affected by the rule are already required to report their industrial classification codes on the approved reporting forms under section 313 of EPCRA and 6607 of the PPA.
However, the Office of Management and Budget (OMB) has previously approved the information collection requirements contained in 40 CFR part 372 under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB control number 2025-0009 (EPA ICR No. 1363-21) for Form R and Form A. A copy of the OMB approved Information Collection Requests (ICRs) may be obtained from Susan Auby, Collection Strategies Division; U.S. Environmental Protection Agency (2822T); 1200 Pennsylvania Ave. NW., Washington, DC 20460 or by calling (202) 566-1672. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9.
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The 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 this rule on small entities, section 601 of the RFA, 5 U.S.C. 601, defines ``small entity'' 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; or (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.
This rule adds no new reporting requirements, and there will be no net increase in respondent burden. This
Page 42917
rule only proposes to update the NAICS codes already reported by respondents. After considering the economic impacts of today's proposed rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This proposed rule will not impose any requirements on small entities.
We continue to be interested in the potential impacts of the proposed rule on small entities and welcome comments on issues related to such impacts.
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Unfunded Mandates Reform Act
This rule does not contain a Federal mandate that may result in expenditures of $100 million or more to State, local, and tribal governments, in the aggregate, or to the private sector in any one year. This rule adds no new reporting requirements and there will be no net increase in respondent burden. Thus, this rule is not subject to the requirements of sections 202 or 205 of UMRA.
This rule is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments. This EPA action contains no new reporting requirements.
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Executive Order 13132, Federalism
This action does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. This action only proposes to update the NAICS reporting codes used by TRI reporting facilities on chemical reporting forms. 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 action from State and local officials.
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Executive Order 13175
This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249), November 9, 2000, because this action only proposes to update the NAICS reporting codes for TRI reporting purposes. Thus, Executive Order 13175 does not apply to this rule.
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Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks
EPA interprets EO 13045 (62 FR 19885, April 23, 1997), as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5-501 of the EO has the potential to influence the regulation. This action is not subject to EO 13045 because it does not establish an environmental standard intended to mitigate health or safety risks.
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Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not a significant regulatory action under Executive Order 12866.
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National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) directs EPA to use 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, and business practices) 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.
This action does not involve technical standards. Therefore, EPA did not consider the use of any voluntary consensus standards.
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Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States.
EPA has determined that this proposed rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because the rule addresses information collection and does not affect the level of protection provided to human health or the environment. This rule simply proposes to update the NAICS reporting codes for TRI reporting purposes.
List of Subjects in 40 CFR Part 372
Environmental protection, Community right-to-know, Reporting and recordkeeping requirements, Toxic chemicals.
Dated: July 9, 2013.
Bob Perciasepe,
Acting Administrator.
For the reasons set out in the preamble, title 40 Chapter I of the Code of Federal Regulations is proposed to be amended as follows:
PART 372--AMENDED
0
1. The authority citation for part 372 continues to read as follows:
Authority: 42 U.S.C. 11023 and 11048.
0
2. Amend Sec. 372.22 by revising the introductory text for paragraph (b) 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. 372.23(a), for which the corresponding North American Industry Classification System (NAICS) (as in effect on January 1, 2012, for reporting year 2013 and thereafter) subsector and industry codes are listed in Sec. Sec. 372.23(b) and 372.23(c) by virtue of the fact that it meets one of the following criteria:
* * * * *
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 through 39
Page 42918
------------------------------------------------------------------------
Subsector code or industry code Exceptions and/or limitations
------------------------------------------------------------------------
311 Food Manufacturing................. 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 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 311352--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 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);
Except 311811--Retail Bakeries
(previously classified under
SIC 5461, Retail Bakeries);
312 Beverage and Tobacco Product Except 312112--Exception is
Manufacturing. limited to facilities
primarily engaged in bottling
mineral or spring water
(previously classified under
SIC 5149, Groceries and
Related Products, NEC);
Except 312230--Exception is
limited to facilities
primarily engaged in providing
Tobacco Sheeting Services
(previously classified under
SIC 7389, Business Services,
NEC);
313 Textile Mills...................... Except 313310--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 converting narrow woven
Textiles and narrow woven
piece goods, (previously
classified under SIC 5131,
Piece Good Notions, and Other
Dry Goods, converters, except
broadwoven fabric); 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);
314 Textile Product Mills.............. Except 314120--Exception is
limited to facilities
primarily engaged in making
Custom drapery and 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 Apparel Manufacturing.............. Except 315220--Exception is
limited to custom tailors
primarily engaged in making
and selling men's and boys'
suits, men's and boys' dress
shirts, and bridal dresses or
gowns or women's, misses' and
girls' dresses, cut and sewn
from purchased fabric
(previously classified under
SIC 5699, Miscellaneous
Apparel and Accessory Stores
(custom tailors)) and 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) (custom
dressmakers) (previously
classified under SIC Code
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
Activities. 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 Petroleum and Coal Products ...............................
Manufacturing.
325 Chemical Manufacturing............. 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));
Page 42919
326 Plastics and Rubber Products Except 326212--Tire Retreading,
Manufacturing. (previously classified under
SIC 7534, Tire Retreading and
Repair Shops (rebuilding));
327 Nonmetallic Mineral Product Except 327110--Exception is
Manufacturing. limited to facilities
primarily engaged in
manufacturing and selling
pottery on site (previously
classified under SIC 5719,
Miscellaneous Homefurnishing
Stores);
331 Primary Metal Manufacturing. ...............................
332 Fabricated Metal Product ...............................
Manufacturing.
333 Machinery Manufacturing. ...............................
334 Computer and Electronic Product Except 334614--Exception is
Manufacturing. limited to facilities
primarily engaged in Software
Reproducing (previously
classified under SIC 7372,
Prepackaged Software,
(reproduction of software))
and to facilities primarily
engaged in 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));
335 Electrical Equipment, Appliance, Except 335312--Exception is
and Component Manufacturing. limited to facilities
primarily engaged in armature
rewinding on a factory basis
(previously classified under
SIC 7694 (Armature Rewinding
Shops (remanufacturing));
336 Transportation Equipment ...............................
Manufacturing.
337 Furniture and Related Product Except 337110--Exception is
Manufacturing. 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 Miscellaneous Manufacturing........ Except 339113--Exception is
limited to facilities
primarily engaged in
manufacturing orthopedic
devices to prescription in a
retail environment (previously
classified under SIC 5999,
Miscellaneous Retail Stores,
NEC);
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);
111998 All Other Miscellaneous Crop Limited to facilities primarily
Farming. engaged in reducing maple sap
to maple syrup (previously
classified under SIC 2099,
Food Preparations, NEC,
Reducing Maple Sap to Maple
Syrup);
113310 Logging. ...............................
211112 Natural Gas Liquid Extraction... Limited to facilities that
recover sulfur from natural
gas (previously classified
under SIC 2819, Industrial
Inorganic chemicals, NEC
(recovering sulfur from
natural gas));
212324 Kaolin and Ball Clay Mining..... 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 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));
212393 Other Chemical and Fertilizer Limited to facilities operating
Mineral Mining. 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 All Other Nonmetallic Mineral Limited to facilities operating
Mining. 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 Other Support Activities for Limited to facilities that are
Water Transportation. 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));
Page 42920
511110 Newspaper Publishers. ...............................
511120 Periodical Publishers. ...............................
511130 Book Publishers. ...............................
511140 Directory and Mailing List Except facilities that are
Publishers. 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 Greeting Card Publishers. ...............................
511199 All Other Publishers. ...............................
512220 Integrated Record Production/ ...............................
Distribution.
512230 Music Publishers................ 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));
519130 Internet Publishing and Limited to facilities primarily
Broadcasting and Web Search Portals. engaged in Internet newspaper
publishing (previously
classified under SIC 2711,
Newspapers: Publishing, or
Publishing and Printing),
Internet periodical publishing
(previously classified under
SIC 2721, Periodicals:
Publishing, or Publishing and
Printing), Internet book
publishing (previously
classified under SIC 2731,
Books: Publishing, or
Publishing and Printing),
Miscellaneous Internet
publishing (previously
classified under SIC 2741,
Miscellaneous Publishing),
Internet greeting card
publishers (previously
classified under SIC 2771,
Greeting Cards); Except for
facilities primarily engaged
in Web search portals.
541712 Research and Development in the Limited to facilities that are
Physical, Engineering, and Life primarily engaged in Guided
Sciences (except Biotechnology). 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 Other Personal and Household Limited to facilities that are
Goods Repair and Maintenance. 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 Bituminous Coal and Lignite ...............................
Surface Mining.
212112 Bituminous Coal and Underground ...............................
Mining.
212113 Anthracite Mining. ...............................
212221 Gold Ore Mining. ...............................
212222 Silver Ore Mining. ...............................
212231 Lead Ore and Zinc Ore Mining. ...............................
212234 Copper Ore and Nickel Ore ...............................
Mining.
212299 Other Metal Ore Mining. ...............................
221111 Hydroelectric Power Generation. Limited to facilities that
combust coal and/or oil for
the purpose of generating
power for distribution in
commerce.
221112 Fossil Fuel Electric Power Limited to facilities that
Generation. combust coal and/or oil for
the purpose of generating
power for distribution in
commerce.
221113 Nuclear Electric Power Limited to facilities that
Generation. combust coal and/or oil for
the purpose of generating
power for distribution in
commerce.
221118 Other Electric Power Generation. Limited to facilities that
combust coal and/or oil for
the purpose of generating
power for distribution in
commerce.
221121 Electric Bulk Power Transmission Limited to facilities that
and Control. combust coal and/or oil for
the purpose of generating
power for distribution in
commerce.
221122 Electric Power Distribution..... Limited to facilities that
combust coal and/or oil for
the purpose of generating
power for distribution in
commerce.
221330 Steam and Air Conditioning Limited to facilities engaged
Supply. in providing combinations of
electric, gas, and other
services, not elsewhere
classified (N.E.C.)
(previously classified under
SIC 4939, Combination Utility
Services Not Elsewhere
Classified. )
424690 Other Chemical and Allied ...............................
Products Merchant Wholesalers.
Page 42921
424710 Petroleum Bulk Stations and ...............................
Terminals.
425110 Business to Business Electronic Limited to facilities
Markets. previously classified in SIC
5169, Chemicals and Allied
Products, Not Elsewhere
Classified.
425120 Wholesale Trade Agents and Limited to facilities
Brokers. previously 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 (previously classified
under SIC 7389, Business
Services, NEC);
562211 Hazardous Waste Treatment and Limited to facilities regulated
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 Facilities... Limited to facilities regulated
under the Resource
Conservation and Recovery Act,
subtitle C, 42 U.S.C. 6921 et
seq.
------------------------------------------------------------------------
FR Doc. 2013-17297 Filed 7-17-13; 8:45 am
BILLING CODE 6560-50-P
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