
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Rules and Regulations]
[Pages 39038-39044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17413]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-OPPT-2017-0197; FRL-9964-77]
RIN 2070-AK32


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is updating the list of North American Industry 
Classification System (NAICS) codes subject to reporting under the 
Toxics Release Inventory (TRI) to reflect the Office of Management and 
Budget (OMB) 2017 NAICS code revision. As a result of this action, 
facilities would be required to use 2017 NAICS codes when reporting to 
TRI beginning with TRI reporting forms that are due on July 1, 2018, 
covering releases and other waste management quantities for the 2017 
calendar year. EPA is also modifying the list of exceptions and 
limitations associated with NAICS codes in the CFR for TRI reporting 
purposes by deleting the descriptive text. EPA believes that these 
amendments are non-controversial and does not expect to receive any 
adverse comments. However, in addition to this direct final rule, 
elsewhere in this issue of the Federal Register, EPA is issuing the 
same amendment as a Notice of Proposed Rulemaking that will be used in 
the event that adverse comment is received. If EPA receives no adverse 
comment, the Agency will not take further action on the proposed rule 
and the direct final rule will become effective as provided in this 
action. If EPA receives relevant adverse comment, the Agency will 
publish a timely withdrawal in the Federal Register informing the 
public that this direct final action will not take effect and directing 
them to the Notice of Proposed Rulemaking. EPA would then address all 
relevant adverse public comments in a subsequent final rule.

DATES: This final rule is effective on November 15, 2017 without 
further notice, unless EPA receives adverse comment by September 18, 
2017. If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect and directing them to the Notice of Proposed 
Rulemaking that appears elsewhere in this issue of the Federal 
Register.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2007-0197, is available at 
http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Stephanie Griffin, Toxics 
Release Inventory Program Division, Mailcode 7410M, Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-1463; email address: griffin.stephanie@epa.gov.
    For general information contact: The Emergency Planning and 
Community Right-to-Know Information Center; telephone number: (800) 
424-9346, TDD (800) 553-7672; Web site: https://www.epa.gov/home/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 the Emergency Planning and Community 
Right-to-Know Act (EPCRA) or section 6607 of the Pollution Prevention 
Act (PPA) to report annually to EPA and States or Tribes their 
environmental releases or other waste management quantities of covered 
chemicals. (A rule was published on April 19, 2012 (77 FR 23409), 
requiring facilities located in Indian country to report to the 
appropriate tribal government official and EPA instead of to the state 
and EPA.)
    The following list of North American Industrial Classification 
System (NAICS) codes is not intended to be exhaustive, but rather 
provides a guide to help readers determine whether this document 
applies to them. Potentially affected entities may include:
     Facilities included in the following NAICS manufacturing 
codes (corresponding to Standard Industrial Classification (SIC) codes 
20 through 39): 311*, 312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 
325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*, 111998*, 
211112*, 212324*, 212325*, 212393*, 212399*, 488390*, 511110, 511120, 
511130, 511140*, 511191, 511199, 512220, 512230*, 519130*, 541712*, or 
811490*. (*Exceptions and/or limitations exist for these NAICS codes.)
     Facilities included in the following NAICS codes 
(corresponding to SIC codes other than SIC codes 20 through 39): 
212111, 212112, 212113 (corresponds to SIC code 12, Coal

[[Page 39039]]

Mining (except 1241)); or 212221, 212222, 212231, 212234, 212299 
(corresponds to SIC code 10, Metal Mining (except 1011, 1081, and 
1094)); or 221111, 221112, 221113, 221118, 221121, 221122, 221330 
(limited to facilities that combust coal and/or oil for the purpose of 
generating power for distribution in commerce) (corresponds to SIC 
codes 4911, 4931, and 4939, Electric Utilities); or 424690, 425110, 
425120 (limited to facilities previously classified in SIC code 5169, 
Chemicals and Allied Products, Not Elsewhere Classified); or 424710 
(corresponds to SIC code 5171, Petroleum Bulk Terminals and Plants); or 
562112 (limited to facilities primarily engaged in solvent recovery 
services on a contract or fee basis (previously classified under SIC 
code 7389, Business Services, NEC)); or 562211, 562212, 562213, 562219, 
562920 (limited to facilities regulated under the Resource Conservation 
and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) (corresponds to 
SIC code 4953, Refuse Systems).
     Federal facilities. Under Executive Order 13693 (80 FR 
15871, March 25, 2015), all Federal facilities are required to comply 
with the provisions set forth in section 313 of EPCRA and section 6607 
of the PPA. On June 10, 2015, the White House Council on Environmental 
Quality (CEQ) issued Instructions for Implementing Executive Order 
13693, requiring federal agencies and contractors to comply with these 
laws regardless of NAICS code delineations (see 80 FR 34149, June 15, 
2015).
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the technical person listed in 
the FOR FURTHER INFORMATION CONTACT section.

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

C. What action is the Agency taking?

    In response to OMB's revisions to the NAICS codes effective January 
1, 2017, EPA is amending 40 CFR part 372 to include 2017 NAICS codes 
for TRI reporting. EPA is also modifying the list of exceptions and 
limitations of NAICS codes for TRI reporting purposes in the CFR.
    Under this action, TRI reporting requirements remain unchanged. 
However, due to the 2017 NAICS modifications, some facilities will need 
to modify their reported NAICS codes as outlined in the table below, 
which identifies only the revised TRI NAICS reporting codes and is not 
an exhaustive list of all NAICS reporting codes subject to EPCRA 
section 313 and PPA section 6607. A complete listing of all TRI covered 
facilities can be found in the regulations at 40 CFR 372.23.

----------------------------------------------------------------------------------------------------------------
                                                                   2017 NAICS
       2012 NAICS  code         2012 NAICS and U.S. description       code       2017 NAICS and U.S. description
----------------------------------------------------------------------------------------------------------------
333911........................  Pump and Pumping Equipment               333914  Measuring, Dispensing, and
                                 Manufacturing.                                   Other Pumping Equipment
                                                                                  Manufacturing.
333913........................  Measuring and Dispensing Pump                ''  ''
                                 Manufacturing.
335221........................  Household Cooking Appliance              335220  Major Household Appliance
                                 Manufacturing.                                   Manufacturing.
335222........................  Household Refrigerator and Home              ''  ''
                                 Freezer Manufacturing.
335224........................  Household Laundry Equipment                  ''  ''
                                 Manufacturing.
335228........................  Other Major Household Appliance              ''  ''
                                 Manufacturing.
512220........................  Integrated Record Production/            512250  Record Production and
                                 Distribution.                                    Distribution.
                                                                                 This merges both TRI-covered
                                                                                  and non-TRI-covered NAICS
                                                                                  codes. Only 512220 (Integrated
                                                                                  Record Production/
                                                                                  Distribution) was covered by
                                                                                  TRI. TRI will note that only
                                                                                  the ``Integrated Record
                                                                                  Production/Distribution''
                                                                                  facilities under NAICS code
                                                                                  512250 are required to report.
541712........................  Research and Development in the          541713  Research and Development in
                                 Physical, Engineering, and                       Nanotechnology.
                                 Life Sciences (except                           This merges both TRI-covered
                                 Biotechnology).                                  and non-TRI-covered NAICS
                                                                                  codes. Only 541712 (Research
                                                                                  and Development in the
                                                                                  Physical, Engineering, and
                                                                                  Life Sciences (except
                                                                                  Biotechnology)) was covered by
                                                                                  TRI. TRI will note that only
                                                                                  the ``Research and Development
                                                                                  in the Physical, Engineering,
                                                                                  and Life Sciences (except
                                                                                  Biotechnology)'' facilities
                                                                                  under NAICS code 541713 are
                                                                                  required to report. TRI does
                                                                                  not include all facilities
                                                                                  classified under NAICS code
                                                                                  541712, and the same
                                                                                  limitations will be extended
                                                                                  to NAICS code 541713.
''............................  ''.............................          541715  Research and Development in the
                                                                                  Physical, Engineering, and
                                                                                  Life Sciences (except
                                                                                  Nanotechnology and
                                                                                  Biotechnology).
                                                                                 TRI does not include all
                                                                                  facilities classified under
                                                                                  NAICS code 541712, and the
                                                                                  same limitations will be
                                                                                  extended to NAICS code 541715.
                                                                                  TRI will specify which
                                                                                  facilities under NAICS code
                                                                                  541715 are required to report.

[[Page 39040]]

 
212231........................  Lead Ore and Zinc Ore Mining...        * 212230  Copper, Nickel, Lead, and Zinc
                                                                                  Mining.
212234........................  Copper Ore and Nickel Ore                    ''  ''
                                 Mining.
----------------------------------------------------------------------------------------------------------------
* A conforming update is also being made to 40 CFR 372.38(h).

    Crosswalk tables between all 2012 NAICS codes and 2017 NAICS codes 
can be found on the Internet at http://www.census.gov/epcd/www/naics.html.
    EPA is also modifying the list of exceptions and limitations of 
NAICS codes for TRI reporting purposes in the CFR. Because NAICS codes 
may cross-reference some SIC codes in both TRI-covered and non-covered 
TRI sectors, EPA has historically included descriptive text in 40 CFR 
part 372 to help indicate exceptions and limitations to TRI coverage 
for a specific NAICS code in line with the previous SIC code 
descriptors. However, NAICS codes are updated every five years, and 
these updates may require EPA to revise this text describing an 
exception or limitation to the scope of a particular NAICS code. 
Consequently, this descriptive text does not always align fully with 
SIC codes' full descriptions.
    For example, historically, 40 CFR part 372 would list NAICS code 
323211 with the following exception: ``Exception is limited to 
facilities primarily engaged in reproducing text, drawings, plans, 
maps, or other copy, by blueprinting, photocopying, mimeographing, or 
other methods of duplication other than printing or microfilming (i.e., 
instant printing) (previously classified under SIC 7334, Photocopying 
and Duplicating Services, (instant printing))''. This action simplifies 
the listing to display only the SIC code and title rather than include 
the description: ``Exception is limited to facilities previously 
classified under SIC 7334, Photocopying and Duplicating Services''.
    Moving forward, in 40 CFR part 372, EPA will not include 
descriptive text for SIC codes when listing the limitations and 
exceptions applicable to TRI-covered NAICS codes. Instead, the Agency 
will simply list the SIC codes, including their titles, as applicable 
limitations and exceptions. Because exceptions and limitations are 
included in 40 CFR part 372.23(b) & (c) to align the listing of NAICS 
codes with the list of SIC codes covered by TRI reporting requirements 
as shown in 40 CFR part 372.23(a), the SIC codes rather than the 
descriptive text defines the types of facilities covered by TRI. By 
removing the descriptive text from the exceptions and limitations 
listed in these two paragraphs, this action mitigates potential 
confusion caused by qualitative descriptions of SIC codes and does not 
alter the universe of the facilities affected by TRI reporting 
requirements. Facilities with questions regarding the SIC code 
descriptions should refer to the SIC manual, available at: https://www.osha.gov/pls/imis/sicsearch.html.

D. Why is EPA taking this action?

    On April 9, 1997, OMB published a Federal Register Notice of final 
decision (62 FR 17288) to adopt the NAICS economic classification 
system, replacing the SIC system which had traditionally been used by 
the Federal Government for collecting and organizing industry-related 
statistics. Consistent with EPCRA, 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). OMB revises the NAICS codes every five 
years. Therefore, 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, and again on July 18, 2013 (78 FR 42875), to include 
the 2012 NAICS codes.
    In the Federal Register on August 4, 2015 (80 FR 46480), OMB 
announced updated NAICS codes for 2017, and on August 8, 2016 (81 FR 
52584), finalized and further modified the NAICS codes for 2017. This 
direct final action will amend 40 CFR part 372 to include OMB's revised 
NAICS codes for 2017.

E. How is EPA taking this action?

    Given the nature of this action, EPA is therefore taking this 
action by publishing this direct final rule and a Notice of Proposed 
Rulemaking elsewhere in this issue of the Federal Register.
    1. Direct final rule. Although EPA believes that this action is 
non-controversial and is not expected to result in any adverse 
comments, a direct final rule provides an opportunity for adverse 
comment. If EPA receives no adverse comment, the Agency will not take 
further action on the proposed rule and the direct final rule will 
become effective as provided in this action. However, if EPA receives 
relevant adverse comment, the Agency will publish a timely withdrawal 
in the Federal Register informing the public that this direct final 
action will not take effect and directing them to the proposed rule 
that appears elsewhere in this issue of the Federal Register. EPA would 
then address all adverse public comments in the context of issuing a 
subsequent final rule.
    2. Proposed rule. In addition to this direct final rule, the same 
amendments are presented in a proposed rule that appears elsewhere in 
this issue of the Federal Register. As indicated previously, the 
proposed rule will be used in the event that relevant adverse comment 
is received on the amendment within this direct final rule.

F. 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.

G. How do I submit a comment on this action?

    Submit your relevant adverse comments, identified by docket 
identification (ID) number EPA-HQ-OPPT-2007-0197, by one of the 
following methods:
     Federal eRulemaking Portal: http://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.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

[[Page 39041]]

II. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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

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

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden. 
Facilities that are affected by the rule are already required to report 
their industrial classification codes on the approved reporting forms 
under section 313 of EPCRA and 6607 of the PPA. In addition, OMB has 
previously approved the information collection requirements contained 
in 40 CFR part 372 under the provisions of the PRA, 44 U.S.C. 3501 et 
seq., and has assigned OMB control number 2025-0009 (EPA ICR No. 1363-
21) for Form R and Form A. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    EPA certifies 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, the impact of concern 
is any significant adverse economic impact on small entities. An agency 
may certify that a rule will not have a significant economic impact on 
a substantial number of small entities if the rule relieves regulatory 
burden, has no net burden or otherwise has a positive economic effect 
on the small entities subject to the rule. This direct final rule adds 
no new reporting requirements, and there would be no net increase in 
respondent burden. This rule would only update the NAICS codes already 
reported by respondents. This final rule will not impose any 
requirements on small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action 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). 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). This final rule 
will 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

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it is not economically significant as defined 
in Executive Order 12866, and because EPA does not believe the 
environmental health or safety risks addressed by this action present a 
disproportionate risk to children.

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

    This action is not a ``significant energy action'' as defined in 
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.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards that would 
require Agency consideration under NTTAA section 12(d), 15 U.S.C. 272 
note.

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

    EPA has determined that the human health or environmental risk 
addressed by this action would not have potential disproportionately 
high and adverse human health or environmental effects on minority, 
low-income or indigenous populations, as specified in Executive Order 
12898 (59 FR 7629, February 16, 1994).

K. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 372

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

    Dated: August 7, 2017,
Wendy Cleland-Hamnett,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    Therefore, 40 CFR chapter I is amended as follows:

PART 372--[AMENDED]

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

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


0
2. Amend Sec.  [thinsp]372.22 by revising the introductory text for 
paragraph (b) to read as follows:


Sec.  [thinsp]372.22  Covered facilities for toxic chemical release 
reporting.

* * * * *
    (b) The facility is in a Standard Industrial Classification (SIC) 
(as in effect on January 1, 1987) major group or industry code listed 
in Sec.  [thinsp]372.23(a), for which the corresponding North American 
Industry Classification System (NAICS) (as in effect on January 1, 
2017, for reporting year 2018 and thereafter) subsector and industry 
codes are listed in Sec.  [thinsp]372.23(b) and (c) by virtue of the 
fact that it meets one of the following criteria:
* * * * *

0
3. Amend Sec.  [thinsp]372.23 by revising paragraphs (b) and (c) to 
read as follows:


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

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

[[Page 39042]]



------------------------------------------------------------------------
 Subsector code or  industry code       Exceptions and/or limitations
------------------------------------------------------------------------
311--Food Manufacturing...........  Except 311119--Exception is limited
                                     to facilities previously classified
                                     under SIC 0723, Crop Preparation
                                     Services for Market, Except Cotton
                                     Ginning;
                                    Except 311340--Exception is limited
                                     to facilities previously classified
                                     under SIC 5441, Candy, Nut, and
                                     Confectionery Stores;
                                    Except 311352--Exception is limited
                                     to facilities previously classified
                                     under SIC 5441, Candy, Nut, and
                                     Confectionery Stores;
                                    Except 311611--Exception is limited
                                     to facilities previously classified
                                     under SIC 0751, Livestock Services,
                                     Except Veterinary;
                                    Except 311612--Exception is limited
                                     to facilities previously classified
                                     under SIC 5147, Meats and Meat
                                     Products;
                                    Except 311811-- Exception is limited
                                     to facilities previously classified
                                     under SIC 5461, Retail Bakeries;
312--Beverage and Tobacco Product   Except 312112--Exception is limited
 Manufacturing.                      to facilities previously classified
                                     under SIC 5149, Groceries and
                                     Related Products, Not Elsewhere
                                     Classified;
                                    Except 312230--Exception is limited
                                     to facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified, except
                                     facilities primarily engaged in
                                     solvent recovery services on a
                                     contract or fee basis;
313--Textile Mills................  Except 313310--Exception is limited
                                     to facilities previously classified
                                     under SIC 5131, Piece Goods,
                                     Notions, and Other Dry Good; and
                                     facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified, except
                                     facilities primarily engaged in
                                     solvent recovery services on a
                                     contract or fee basis;
314--Textile Product Mills........  Except 314120--Exception is limited
                                     to facilities previously classified
                                     under SIC 5714, Drapery, Curtain,
                                     and Upholstery Stores;
                                    Except 314999--Exception is limited
                                     to facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified, except
                                     facilities primarily engaged in
                                     solvent recovery services on a
                                     contract or fee basis;
315--Apparel Manufacturing........  Except 315220--Exception is limited
                                     to facilities previously classified
                                     under SIC 5699, Miscellaneous
                                     Apparel and Accessory Stores;
316--Leather and Allied Product     ....................................
 Manufacturing.
321--Wood Product Manufacturing...  ....................................
322--Paper Manufacturing..........  ....................................
323--Printing and Related Support   Except 323111--Exception is limited
 Activities.                         to facilities previously classified
                                     under SIC 7334, Photocopying and
                                     Duplicating Services;
324--Petroleum and Coal Products    ....................................
 Manufacturing.
325--Chemical Manufacturing.......  Except 325998--Exception is limited
                                     to facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified;
326--Plastics and Rubber Products   Except 326212--Exception is limited
 Manufacturing.                      to facilities previously classified
                                     under SIC 7534, Tire Retreading and
                                     Repair Shops;
327--Nonmetallic Mineral Product    Except 327110--Exception is limited
 Manufacturing.                      to facilities previously classified
                                     under SIC 5719, Miscellaneous home
                                     furnishing Stores;
331--Primary Metal Manufacturing..  ....................................
332--Fabricated Metal Product       ....................................
 Manufacturing.
333--Machinery Manufacturing......  ....................................
334--Computer and Electronic        Except 334614--Exception is limited
 Product Manufacturing.              to facilities previously classified
                                     under SIC 7372, Prepackaged
                                     Software; and to facilities
                                     previously classified under SIC
                                     7819, Services Allied to Motion
                                     Picture Production;
335--Electrical Equipment,          Except 335312--Exception is limited
 Appliance, and Component            to facilities previously classified
 Manufacturing.                      under SIC 7694, Armature Rewinding
                                     Shops;
336--Transportation Equipment       ....................................
 Manufacturing.
337--Furniture and Related Product  Except 337110--Exception is limited
 Manufacturing.                      to facilities previously classified
                                     under SIC 5712, Furniture Stores;
                                    Except 337121--Exception is limited
                                     to facilities previously classified
                                     under SIC 5712, Furniture Stores;
                                    Except 337122--Exception is limited
                                     to facilities previously classified
                                     under SIC 5712, Furniture Stores;
339--Miscellaneous Manufacturing..  Except 339113--Exception is limited
                                     to facilities previously classified
                                     under SIC 5999, Miscellaneous
                                     Retail Stores, Not Elsewhere
                                     Classified;
                                    Except 339115--Exception is limited
                                     to lens grinding facilities
                                     previously classified under SIC
                                     5995, Optical Goods Stores;
                                    Except 339116--Exception is limited
                                     to facilities previously classified
                                     under SIC 8072, Dental
                                     Laboratories;
111998--All Other Miscellaneous     Limited to facilities previously
 Crop Farming.                       classified under SIC 2099, Food
                                     Preparations, Not Elsewhere
                                     Classified;
113310--Logging...................  ....................................
211112--Natural Gas Liquid          Limited to facilities that recover
 Extraction.                         sulfur from natural gas and
                                     previously classified under SIC
                                     2819, Industrial Inorganic
                                     Chemicals, Not Elsewhere
                                     Classified;
212324--Kaolin and Ball Clay        Limited to facilities operating
 Mining.                             without a mine or quarry and
                                     previously classified under SIC
                                     3295, Minerals and Earths, Ground
                                     or Otherwise Treated;
212325--Mining....................  Limited to facilities operating
                                     without a mine or quarry and
                                     previously classified under SIC
                                     3295, Minerals and Earths, Ground
                                     or Otherwise Treated;
212393--Other Chemical and          Limited to facilities operating
 Fertilizer Mineral Mining.          without a mine or quarry and
                                     previously classified under SIC
                                     3295, Minerals and Earths, Ground
                                     or Otherwise Treated;

[[Page 39043]]

 
212399--All Other Nonmetallic       Limited to facilities operating
 Mineral Mining.                     without a mine or quarry and
                                     previously classified under SIC
                                     3295, Minerals and Earths, Ground
                                     or Otherwise Treated;
488390--Other Support Activities    Limited to facilities previously
 for Water Transportation.           classified under SIC 3731,
                                     Shipbuilding and Repairing;
511110--Newspaper Publishers......  ....................................
511120--Periodical Publishers.....  ....................................
511130--Book Publishers...........  ....................................
511140--Directory and Mailing List  Except facilities previously
 Publishers.                         classified under SIC 7331, Direct
                                     Mail Advertising Services;
511191--Greeting Card Publishers..  ....................................
511199--All Other Publishers......  ....................................
512230--Music Publishers..........  Except facilities previously
                                     classified under SIC 8999,
                                     Services, Not Elsewhere Classified;
512250--Record Production and       Limited to facilities previously
 Distribution.                       classified under SIC 3652,
                                     Phonograph Records and Prerecorded
                                     Audio Tapes and Disks;
519130--Internet Publishing and     Limited to Internet publishing
 Broadcasting and Web Search         facilities previously classified
 Portals.                            under SIC 2711, Newspapers:
                                     Publishing, or Publishing and
                                     Printing; facilities previously
                                     classified under SIC 2721,
                                     Periodicals: Publishing, or
                                     Publishing and Printing; facilities
                                     previously classified under SIC
                                     2731, Books: Publishing, or
                                     Publishing and Printing; facilities
                                     previously classified under SIC
                                     2741, Miscellaneous Publishing;
                                     facilities previously classified
                                     under SIC 2771, Greeting Cards;
                                     Except for facilities primarily
                                     engaged in web search portals;
541713--Research and Development    Limited to facilities previously
 in Nanotechnology.                  classified under SIC 3764, Guided
                                     Missile and Space Vehicle
                                     Propulsion Units and Propulsion
                                     Unit Parts; and facilities
                                     previously classified under SIC
                                     3769, Guided Missile and Space
                                     Vehicle Parts and Auxiliary
                                     Equipment, Not Elsewhere
                                     Classified;
541715--Research and Development    Limited to facilities previously
 in the Physical, Engineering, and   classified under SIC 3764, Guided
 Life Sciences (except               Missile and Space Vehicle
 Nanotechnology and Biotechnology).  Propulsion Units and Propulsion
                                     Unit Parts; and facilities
                                     previously classified under SIC
                                     3769, Guided Missile and Space
                                     Vehicle Parts and Auxiliary
                                     Equipment, Not Elsewhere
                                     Classified;
811490--Other Personal and          Limited to facilities previously
 Household Goods Repair and          classified under SIC 3732, Boat
 Maintenance.                        Building and Repairing.
------------------------------------------------------------------------

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

------------------------------------------------------------------------
    Subsector or industry code          Exceptions and/or limitations
------------------------------------------------------------------------
212111--Bituminous Coal and         ....................................
 Lignite Surface Mining.
212112--Bituminous Coal and         ....................................
 Underground Mining.
212113--Anthracite Mining.........  ....................................
212221--Gold Ore Mining...........  ....................................
212222--Silver Ore Mining.........  ....................................
212230--Copper, Nickel, Lead, and   ....................................
 Zinc Mining.
212299--Other Metal Ore Mining....  ....................................
221111--Hydroelectric Power         Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221112--Fossil Fuel Electric Power  Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221113--Nuclear Electric Power      Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221118--Other Electric Power        Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221121--Electric Bulk Power         Limited to facilities that combust
 Transmission and Control.           coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221122--Electric Power              Limited to facilities that combust
 Distribution.                       coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221330--Steam and Air Conditioning  Limited to facilities previously
 Supply.                             classified under SIC 4939,
                                     Combination Utility Services, Not
                                     Elsewhere Classified.
424690--Other Chemical and Allied   ....................................
 Products Merchant Wholesalers.
424710--Petroleum Bulk Stations     ....................................
 and Terminals.
425110--Business to Business        Limited to facilities previously
 Electronic Markets.                 classified in SIC 5169, Chemicals
                                     and Allied Products, Not Elsewhere
                                     Classified
425120--Wholesale Trade Agents and  Limited to facilities previously
 Brokers.                            classified in SIC 5169, Chemicals
                                     and Allied Products, Not Elsewhere
                                     Classified.
562112--Hazardous Waste Collection  Limited to facilities primarily
                                     engaged in solvent recovery
                                     services on a contract or fee basis
                                     and previously classified under SIC
                                     7389, Business Services, Not
                                     Elsewhere Classified;

[[Page 39044]]

 
562211--Hazardous Waste Treatment   Limited to facilities regulated
 and Disposal.                       under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
562212--Solid Waste Landfill......  Limited to facilities regulated
                                     under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
562213--Solid Waste Combustors and  Limited to facilities regulated
 Incinerators.                       under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
562219--Other Nonhazardous Waste    Limited to facilities regulated
 Treatment and Disposal.             under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
562920--Materials Recovery          Limited to facilities regulated
 Facilities.                         under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
------------------------------------------------------------------------



0
4. Amend Sec.  [thinsp]372.38 by revising paragraph (h) to read as 
follows:


Sec.  [thinsp]372.38  Exemptions.

* * * * *
    (h) Metal mining overburden. If a toxic chemical that is a 
constituent of overburden is processed or otherwise used by facilities 
in SIC code 10, or in NAICS codes 212221, 212222, 212230 or 212299, a 
person is not required to consider the quantity of the toxic chemical 
so processed, or otherwise used when determining whether an applicable 
threshold has been met under Sec.  372.25, Sec.  372.27, or Sec.  
372.28, or determining the amounts to be reported under Sec.  372.30.

[FR Doc. 2017-17413 Filed 8-16-17; 8:45 am]
 BILLING CODE 6560-50-P


