[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Rules and Regulations]
[Pages 72891-72898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25375]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-OPPT-2022-0387; FRL-9529-02-OCSPP]
RIN 2070-AL09


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

DATES: This final rule is effective on December 28, 2022.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2022-0387, is available online 
at https://www.regulations.gov or in-person at the Office of Pollution 
Prevention and Toxics (OPPT) Docket, Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW, Washington, DC. The Public Reading Room is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744, and the telephone number for the OPPT Docket is (202) 
566-0280. Please review the visitor instructions and additional 
information about the docket available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Rachel Dean, Data Collection 
Branch, Data Gathering and Analysis Division (Mail code: 7406M), Office 
of Pollution Prevention and Toxics, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 
(202) 566-1303; email address: [email protected].
    For general information contact: The Emergency Planning and 
Community Right-to-Know Information Center; telephone number: (800) 
424-9346 or (703) 348-5070 in the Washington, DC Area and 
International; website: https://www.epa.gov/aboutepa/epa-hotlines.

SUPPLEMENTARY INFORMATION: 

I. Executive Summary

A. Does this action apply to me?

    You may be potentially affected by this action if you own or 
operate facilities that have 10 or more full-time employees or the 
equivalent of 20,000

[[Page 72892]]

employee hours per year that manufacture, process, or otherwise use 
toxic chemicals listed on the TRI, and that are required under section 
313 of EPCRA or section 6607 of the Pollution Prevention Act (PPA) to 
report annually to EPA and States or Tribes their environmental 
releases or other waste management quantities of covered chemicals. (A 
rule was published on April 19, 2012 (77 FR 23409; FRL-9660-9), 
requiring facilities located in Indian country to report to the 
appropriate tribal government official and EPA instead of to the state 
and EPA.)
    The following list of 2017 North American Industrial Classification 
System (NAICS) codes is not intended to be exhaustive, but rather 
provides a guide to help readers determine whether this document 
applies to them. Potentially affected entities may include:
     Facilities included in the following NAICS manufacturing 
codes (corresponding to Standard Industrial Classification (SIC) codes 
20 through 39): 311*, 312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 
325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*, 111998*, 
113310, 211130* (corresponds to SIC 2819), 212324*, 212325*, 212393*, 
212399*, 488390*, 511110, 511120, 511130, 511140*, 511191, 511199, 
512230*, 512250*, 519130*, 541713*, 541715*, or 811490*.
    (*Exceptions and/or limitations exist for these NAICS codes.)
     Facilities included in the following NAICS manufacturing 
codes (corresponding to SIC codes other than 20-39): 211130 
(corresponds to SIC code 1321); or 212111, 212112, 212113, (corresponds 
to SIC code 12, Coal Mining (except 1241)); 212221, 212222, 212230, 
212299 (corresponds to SIC code 10, Metal Mining (except 1011, 1081, 
and 1094)); or 22111*, 221121, 221122, 221330 (limited to facilities 
that combust coal and/or oil for the purpose of generating power 
distribution in commerce) (corresponds to SIC codes 4911, 4931, and 
4939, Electric Utilities); or 424690, 425110, 425120 (limited to 
facilities previously classified in SIC code 5169, Chemicals and Allied 
Products, Not Elsewhere Classified); or 424710 (corresponds to SIC code 
5171, Petroleum Bulk Terminals and Plants); or 562112 (limited to 
facilities primarily engaged in solvent recovery services on a contract 
or fee basis (previously classified under SIC code 7389, Business 
Services, Not Elsewhere Classified)); or 562211, 562212, 562213, 
562219, 562920 (limited to facilities regulated under the Resource 
Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) 
(corresponds to SIC code 4953, Refuse Systems).
    (*Exceptions and/or limitations exist for these NAICS codes.)
     Federal facilities.
     Facilities that the EPA Administrator has specifically 
required to report to TRI pursuant to a determination under EPCRA 
section 313(b)(2).
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the technical person listed in 
the FOR FURTHER INFORMATION CONTACT section.

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

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

C. Why is EPA taking this action?

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

D. What action is the Agency taking?

    Given OMB's revisions to the NAICS codes that became effective 
January 1, 2022, EPA is amending 40 CFR part 372 to update the 2022 
NAICS codes for TRI reporting. In addition, EPA is including NAICS 
codes in 40 CFR part 372 for facilities that are covered under TRI's 
SIC codes but had been inadvertently excluded in past TRI NAICS 
rulemakings. EPA is also updating the CFR to account for the 
discretionary authority provision provided in EPCRA section 313(b)(2) 
(42 U.S.C. 11023(b)(2)). Lastly, EPA is updating 40 CFR part 372.22(b) 
to reflect the revised codes and TRI reporting years for which the 2022 
NAICS codes are applicable.

E. What are the incremental impacts of this action?

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

II. Background

A. What did EPA propose?

    In a proposed rule issued in July 2022 (Ref. 3), EPA proposed to 
update the list of NAICS codes subject to TRI reporting to reflect OMB 
2022 NAICS code

[[Page 72893]]

revision. EPA did not propose changes to the TRI reporting 
requirements.

B. Did EPA receive any public comments?

    The Agency received one comment on the proposed rule, which 
expressed general support for the updates.

III. Summary of the Final Rule

    With this action, EPA is finalizing the proposed updates to the 
NAICS codes with a few corrections as discussed in this unit.

A. NAICS Codes Updated To Conform With the 2022 NAICS Code 
Modifications

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

               Table 1--Modified TRI Reporting NAICS Codes
------------------------------------------------------------------------
  2017 NAICS    2017 NAICS and U.S.    2022 NAICS    2022 NAICS and U.S.
     code           description           code           description
------------------------------------------------------------------------
        212111  Bituminous Coal and          212114  Surface Coal
                 Lignite Surface                      Mining.
                 Mining.
        212112  Bituminous Coal              212115  Underground Coal
                 Underground Mining.                  Mining.
        212113  Anthracite Mining--          212114  Surface Coal
                 anthracite surface                   Mining.
                 mining activity.
        212113  Anthracite Mining--          212115  Underground Coal
                 anthracite                           Mining.
                 underground mining
                 activity.
        212221  Gold Ore Mining....          212220  Gold Ore and Silver
                                                      Ore Mining.
        212222  Silver Ore Mining..              ''  ''
        212299  All Other Metal Ore          212290  Other Metal Ore
                 Mining.                              Mining.
                                                     This merges both
                                                      TRI-covered and
                                                      non-TRI-covered
                                                      NAICS codes. Only
                                                      212299: All Other
                                                      Metal Ore Mining
                                                      was covered by
                                                      TRI. TRI notes
                                                      that only ``All
                                                      Other Metal Ore
                                                      Mining''
                                                      facilities under
                                                      NAICS code 212290
                                                      are required to
                                                      report.
        212324  Kaolin and Ball              212323  Kaolin, Clay, and
                 Clay Mining.                         Ceramic and
                                                      Refractory
                                                      Minerals Mining.
        212325  Clay and Ceramic                 ''  ''
                 and Refractory
                 Minerals Mining.
        212393  Other Chemical and           212390  Other Nonmetallic
                 Fertilizer Mineral                   Mineral Mining and
                 Mining.                              Quarrying.
        212399  All Other                        ''  ''
                 Nonmetallic                         This merges both
                 Mineral Mining.                      TRI-covered and
                                                      non-TRI-covered
                                                      NAICS codes. Only
                                                      212393 and 212399
                                                      were covered by
                                                      TRI. TRI notes
                                                      that only ``Other
                                                      Chemical and
                                                      Fertilizer Mineral
                                                      Mining'' and ``All
                                                      Other Nonmetallic
                                                      Mineral Mining''
                                                      facilities under
                                                      NAICS code 212390
                                                      are required to
                                                      report.
        315110  Hosiery and Sock             315120  Apparel Knitting
                 Mills.                               Mills.
        315190  Other Apparel                    ''  ''
                 Knitting Mills.
        315220  Men's and Boys' Cut          315250  Cut and Sew Apparel
                 and Sew Apparel                      Manufacturing
                 Manufacturing.                       (except
                                                      Contractors).
        315240  Women's, Girls',                 ''  ''
                 and Infants' Cut
                 and Sew Apparel
                 Manufacturing.
        315280  Other Cut and Sew                ''  ''
                 Apparel
                 Manufacturing.
        316992  Women's Handbag and          316990  Other Leather and
                 Purse                                Allied Product
                 Manufacturing.                       Manufacturing.
        316998  All Other Leather                ''  ''
                 Good and Allied
                 Product
                 Manufacturing.
        321213  Engineered Wood              321215  Engineered Wood
                 Member (except                       Member
                 Truss)                               Manufacturing.
                 Manufacturing.
        321214  Truss Manufacturing              ''  ''
        322121  Paper (except                322120  Paper Mills.
                 Newsprint) Mills.
        322122  Newsprint Mills....              ''  ''
        325314  Fertilizer (Mixing           325314  Fertilizer (Mixing
                 Only)                       325315   Only)
                 Manufacturing.                       Manufacturing.
                                                     Compost
                                                      Manufacturing.
        333244  Printing Machinery           333248  All Other
                 Equipment                            Industrial
                 Manufacturing.                       Machinery
                                                      Manufacturing.
        333249  Other Industrial                 ''  ''
                 Machinery
                 Manufacturing.
        333314  Optical Instrument           333310  Commercial and
                 and Lens                             Service Industry
                 Manufacturing.                       Machinery
                                                      Manufacturing.
        333316  Photographic and                 ''  ''
                 Photocopying
                 Equipment
                 Manufacturing.
        333318  Other Commercial                 ''  ''
                 and Service
                 Industry Machinery
                 Manufacturing.
        333997  Scale and Balance            333998  All Other
                 Manufacturing.                       Miscellaneous
                                                      General Purpose
                                                      Machinery
                                                      Manufacturing.
        333999  All Other                        ''  ''
                 Miscellaneous
                 General Purpose
                 Machinery
                 Manufacturing.
        334613  Blank Magnetic and           334610  Manufacturing and
                 Optical Recording                    Reproducing
                 Media                                Magnetic and
                 Manufacturing.                       Optical Media.
        334614  Software and Other               ''  ''
                 Prerecorded
                 Compact Disc,
                 Tape, and Record
                 Reproducing.
        335110  Electric Lamp Bulb           335139  Electric Lamp Bulb
                 and Part                             and Other Lighting
                 Manufacturing.                       Equipment
                                                      Manufacturing.
        335121  Residential                  335131  Residential
                 Electric Lighting                    Electric Lighting
                 Fixture                              Fixture
                 Manufacturing.                       Manufacturing.
        335122  Commercial,                  335132  Commercial,
                 Industrial, and                      Industrial, and
                 Institutional                        Institutional
                 Electric Lighting                    Electric Lighting
                 Fixture                              Fixture
                 Manufacturing.                       Manufacturing.
        335129  Other Lighting               335139  Electric Lamp Bulb
                 Equipment                            and Other Lighting
                 Manufacturing.                       Equipment
                                                      Manufacturing.
        335911  Storage Battery              335910  Battery
                 Manufacturing.                       Manufacturing.
        335912  Primary Battery                  ''  ''
                 Manufacturing.
        336111  Automobile                   336110  Automobile and
                 Manufacturing.                       Light Duty Motor
                                                      Vehicle
                                                      Manufacturing.
        336112  Light Truck and                  ''  ''
                 Utility Vehicle
                 Manufacturing.
        337124  Metal Household              337126  Household Furniture
                 Furniture                            (except Wood and
                 Manufacturing.                       Upholstered)
                                                      Manufacturing.
        337125  Household Furniture              ''  ''
                 (except Wood and
                 Metal)
                 Manufacturing.

[[Page 72894]]

 
        425110  Business to                  425120  Wholesale Trade
                 Business                             Agents and
                 Electronic Markets.                  Brokers.
        511110  Newspaper                    513110  Newspaper
                 Publishers.                          Publishers.
        511120  Periodical                   513120  Periodical
                 Publishers.                          Publishers.
        511130  Book Publishers....          513130  Book Publishers.
        511140  Directory and                513140  Directory and
                 Mailing List                         Mailing List
                 Publishers.                          Publishers.
        511191  Greeting Card                513191  Greeting Card
                 Publishers.                          Publishers.
        511199  All Other                    513199  All Other
                 Publishers.                          Publishers.
        519130  Internet Publishing          513110  Newspaper
                 and Broadcasting                     Publishers.
                 and Web Search
                 Portals--Internet
                 Newspaper
                 Publishers
                 activity.
        519130  Internet Publishing          513120  Periodical
                 and Broadcasting                     Publishers.
                 and Web Search
                 Portals--Internet
                 Periodical
                 Publishers
                 activity.
        519130  Internet Publishing          513130  Book Publishers.
                 and Broadcasting
                 and Web Search
                 Portals--Internet
                 Book Publishers
                 activity.
        519130  Internet Publishing          513140  Directory and
                 and Broadcasting                     Mailing List
                 and Web Search                       Publishers.
                 Portals--Internet
                 Directory and
                 Mailing List
                 Publishers
                 activity.
        519130  Internet Publishing          513191  Greeting Card
                 and Broadcasting                     Publishers.
                 and Web Search
                 Portals for
                 Internet Greeting
                 Card Publishers
                 activity.
        519130  Internet Publishing          513199  All Other
                 and Broadcasting                     Publishers.
                 and Web Search
                 Portals for All
                 other Internet
                 Publishers
                 activity.
        519130  Internet Publishing          516210  Media Streaming
                 and Broadcasting                     Distribution
                 and Web Search                       Services, Social
                 Portals--Internet                    Networks, and
                 Broadcasting                         Other Media
                 activity.                            Networks and
                                                      Content Providers.
                                                     This merges both
                                                      TRI-covered and
                                                      non-TRI-covered
                                                      NAICS codes. Only
                                                      519130: Internet
                                                      Publishing and
                                                      Broadcasting and
                                                      Web Search Portals
                                                      was covered by
                                                      TRI. TRI notes
                                                      that only certain
                                                      ``Internet
                                                      Broadcasting''
                                                      facilities under
                                                      NAICS code 516210
                                                      are required to
                                                      report.
        519130  Internet Publishing          519290  Web Search Portals
                 and Broadcasting                     and All Other
                 and Web Search                       Information
                 Portals--Web                         Services.
                 Search Portals                      This merges both
                 activity.                            TRI-covered and
                                                      non-TRI-covered
                                                      NAICS codes. Only
                                                      519130: Internet
                                                      Publishing and
                                                      Broadcasting and
                                                      Web Search Portals
                                                      was covered by
                                                      TRI. TRI notes
                                                      that only certain
                                                      ``Web Search
                                                      Portals''
                                                      facilities under
                                                      NAICS code 519290
                                                      are required to
                                                      report.
------------------------------------------------------------------------

B. Listing of Certain NAICS Codes in the Utilities Industry Sector

    Additionally, EPA is finalizing the listing of the following NAICS 
manufacturing codes at 40 CFR 372.23 that are subject to TRI reporting 
requirements: 221114--Solar Electric Power Generation; 221115--Wind 
Electric Power Generation; 221116--Geothermal Electric Power 
Generation; and 221117--Biomass Electric Power Generation). In 1997, 
when EPA added the electric utility industry sector to the scope of the 
TRI, the Agency qualified the addition to include all facilities which 
``burn any quantity of coal or oil to generate power for distribution 
in commerce.'' (62 FR 23834, May 1, 1997; FRL-5578-3) (Ref. 4). 
Further, the Agency clearly stated that this addition includes any 
facility classified under SIC codes 4911, 4931, or 4939 that combusts 
coal and/or oil for the purpose of generating power for distribution in 
commerce. EPA clearly stated that this coverage includes a facility 
that burns ``any quantity'' of coal or oil to generate power for 
distribution in commerce, noting examples where a facility might burn 
coal or oil for purposes other than distribution in commerce and thus 
not fit the qualifier provided for the industry sector. (62 FR 23834, 
23863) (Ref. 4).
    The 2007 NAICS to 2012 NAICS revision split NAICS 221119 (a NAICS 
code at the time covered by TRI due to its crosswalk to SIC codes 4911, 
4931, and 4939) into multiple codes (i.e., 221114, 221115, 221116, 
221117, and 221118). When EPA updated the set of 2007 NAICS codes used 
by TRI to conform to the 2012 NAICS revision, the Agency listed only 
221118, neglecting to include 221114, 221115, 221116, and 221117. (78 
FR 42875) (Ref. 2). However, as provided by the 1997 rule that included 
electricity generating facilities that combust coal and/or oil for the 
purpose of generating power for distribution in commerce, these NAICS 
codes should have been included in the CFR. Further, because the CFR 
lists SIC codes 4911, 4931, and 4939 as being regulated by TRI, 
facilities in NAICS codes 221114, 221115, 221116, and 221117 are 
regulated by TRI should they combust coal and/or oil for the purpose of 
generating power for distribution in commerce despite the Agency's 
oversight in terms of failing to list these NAICS codes in the CFR. 
Therefore, facilities identifying with these NAICS codes (i.e., 221114, 
221115, 22116, and 221117) are covered under TRI reporting regulation 
and EPA is addressing its previous oversight by adding these NAICS 
codes to 40 CFR 372.23.
    Similarly, in the 2006 rule to include NAICS codes in the 
regulations for TRI, EPA neglected to include NAICS code 221210. SIC 
codes 4931 and 4939 are covered TRI reporting codes (40 CFR 372.23(b), 
62 FR 23834). Both of these SIC codes crosswalk to multiple NAICS codes 
which are listed on the CFR, except for 221210. EPA acknowledges it was 
an oversight not to include 221210 in the 2006 rule adopting NAICS 
codes for TRI reporting (71 FR 32464) (Ref. 1) and is adding 221210 to 
40 CFR 372.23 for this NAICS update rule.
    Crosswalk tables between all 2017 NAICS codes and 2022 NAICS codes 
can be found on the internet at https://www.census.gov//.

C. Updates to 40 CFR Part 372 To Accommodate EPCRA Section 313(b)(2)

    As authorized under EPCRA section 313(b)(2), the EPA Administrator 
may determine that a particular facility is subject to the requirements 
of EPCRA section 313(a) on the basis of the toxicity of a chemical, the 
facility's proximity to other facilities that release the chemical or 
to population centers, the history of releases of the chemical at

[[Page 72895]]

the facility, or other factors the Administrator deems appropriate. 
This authority has been codified previously in TRI regulations, 
describing the process for modifying the list of covered facilities (40 
CFR 372.20(b)). EPA is codifying this discretionary authority at 40 CFR 
372.22, which describes the criteria to determine whether a facility 
must report to TRI for a certain calendar year. This edit is a 
conforming edit to accommodate the longstanding discretionary authority 
under EPCRA section 313(b)(2), and this edit does not alter the 
universe of EPCRA section 313 reporters or any TRI reporting 
requirements. This additional criteria for facilities reporting to TRI 
will be added to 40 CFR 372.22.

D. Updates to 40 CFR 372.22(b)

    EPA is finalizing conforming edits at 40 CFR 372.22(b), which 
identifies the NAICS code version to use for TRI reporting purposes. 
The finalized language reflects the updated version of NAICS codes and 
the TRI reporting years for which they are applicable. The proposed 
regulatory text that accompanied the notice of proposed rulemaking did 
not reflect this conforming edit which is needed to reflect the revised 
codes and TRI reporting years for which the 2022 NAICS codes are 
applicable. Accordingly, this final rule also updates the NAICS code 
versions and reporting years listed at 40 CFR 372.22(b).

IV. References

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

1. U.S. EPA. Community Right-to-Know; Toxic Chemical Release 
Reporting Using North American Industry Classification System 
(NAICS); Final Rule. Federal Register. 71 FR 32464, June 6, 2006 
(FRL-8180-2).
2. U.S. EPA. Community Right-to-Know; Adoption of 2012 North 
American Industry Classification System (NAICS) Codes for Toxics 
Release Inventory (TRI) Reporting; Final Rule. Federal Register. 78 
FR 42875, July 18, 2013 (FRL-9825-8).
3. U.S. EPA. Community Right-To-Know; Adopting 2022 North American 
Industry Classification System (NAICS) Codes for Toxics Release 
Inventory (TRI) Reporting; Proposed Rule. Federal Register. 87 FR 
43772, July 22, 2022 (FRL-9529-01-OCSPP).
4. U.S. EPA. Addition of Facilities in Certain Industry Sectors; 
Revised Interpretation of Otherwise Use; Toxic Release Inventory 
Reporting; Community Right-to-Know; Final Rule. Federal Register. 62 
FR 23834, May 1, 1997 (FRL-5578-3).

V. Statutory and Executive Order Reviews

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

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

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

B. Paperwork Reduction Act (PRA)

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

C. Regulatory Flexibility Act (RFA)

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

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

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

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

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

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

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

[[Page 72896]]

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

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001), because it is not a significant regulatory action under 
Executive Order 12866 and has not otherwise been designated as a 
significant energy action by the Administrator of the Office of 
Information and Regulatory Affairs.

I. National Technology Transfer and Advancement Act (NTTAA)

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

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs 
federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations (people of color) and low-income 
populations. EPA believes that updating the list of NAICS codes subject 
to TRI reporting does not concern human health or environmental 
conditions and therefore cannot be evaluated with respect to 
potentially disproportionate and adverse effects on people of color, 
low-income populations and/or indigenous peoples.

K. Congressional Review Act (CRA)

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

List of Subjects in 40 CFR Part 372

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

    Dated: November 15, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    Therefore, for the reasons set forth in the preamble, 40 CFR 
chapter I is amended as follows:

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

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

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


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


Sec.  372.22   Covered facilities for toxic chemical release reporting.

    A facility is a covered facility for a particular calendar year, 
and must report under Sec.  372.30, if the facility meets either all of 
the criteria in paragraphs (a), (b), and (c) of this section, or all of 
the criteria in paragraphs (c) and (d) of this section, for that 
calendar year.
* * * * *
    (b) The facility is in a Standard Industrial Classification (SIC) 
(as in effect on January 1, 1987) major group or industry code listed 
in Sec.  372.23(a), for which the corresponding North American Industry 
Classification System (NAICS) (as in effect on January 1, 2022, for 
reporting year 2022 and thereafter) subsector and industry codes are 
listed in Sec. Sec.  372.23(b) and 372.23(c) by virtue of the fact that 
it meets one of the following criteria:
* * * * *
    (d) The Administrator determined that applying the 42 U.S.C. 11023 
requirements to the facility was warranted, pursuant to 42 U.S.C. 
11023(b)(2) and Sec.  372.20(b).

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


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

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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
311--Food Manufacturing...........  Except 311119--Exception is limited
                                     to facilities previously classified
                                     under SIC 0723, Crop Preparation
                                     Services for Market, Except Cotton
                                     Ginning.
                                    Except 311340--Exception is limited
                                     to facilities previously classified
                                     under SIC 5441, Candy, Nut, and
                                     Confectionery Stores.
                                    Except 311352--Exception is limited
                                     to facilities previously classified
                                     under SIC 5441, Candy, Nut, and
                                     Confectionery Stores.
                                    Except 311611--Exception is limited
                                     to facilities previously classified
                                     under SIC 0751, Livestock Services,
                                     Except Veterinary.
                                    Except 311612--Exception is limited
                                     to facilities previously classified
                                     under SIC 5147, Meats and Meat
                                     Products.
                                    Except 311811--Exception is limited
                                     to facilities previously classified
                                     under SIC 5461, Retail Bakeries.
312--Beverage and Tobacco Product   Except 312112--Exception is limited
 Manufacturing.                      to facilities previously classified
                                     under SIC 5149, Groceries and
                                     Related Products, Not Elsewhere
                                     Classified.
                                    Except 312230--Exception is limited
                                     to facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified, except
                                     facilities primarily engaged in
                                     solvent recovery services on a
                                     contract or fee basis.
313--Textile Mills................  Except 313310--Exception is limited
                                     to facilities previously classified
                                     under SIC 5131, Piece Goods,
                                     Notions, and Other Dry Goods; and
                                     facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified, except
                                     facilities primarily engaged in
                                     solvent recovery services on a
                                     contract or fee basis.
314--Textile Product Mills........  Except 314120--Exception is limited
                                     to facilities previously classified
                                     under SIC 5714, Drapery, Curtain,
                                     and Upholstery Stores.
                                    Except 314999--Exception is limited
                                     to facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified, except
                                     facilities primarily engaged in
                                     solvent recovery services on a
                                     contract or fee basis.
315--Apparel Manufacturing........  Except 315290--Exception is limited
                                     to facilities previously classified
                                     under SIC 5699, Miscellaneous
                                     Apparel and Accessory Stores.
316--Leather and Allied Product
 Manufacturing.
321--Wood Product Manufacturing...
322--Paper Manufacturing..........
323--Printing and Related Support   Except 323111--Exception is limited
 Activities.                         to facilities previously classified
                                     under SIC 7334, Photocopying and
                                     Duplicating Services.
324--Petroleum and Coal Products
 Manufacturing.
325--Chemical Manufacturing.......  Except 325998--Exception is limited
                                     to facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified.
326--Plastics and Rubber Products   Except 326212--Exception is limited
 Manufacturing.                      to facilities previously classified
                                     under SIC 7534, Tire Retreading and
                                     Repair Shops.

[[Page 72897]]

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

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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
211130--Natural Gas Extraction....  Limited to facilities classified
                                     under SIC 1321, Natural Gas
                                     Liquids.
212114--Surface Coal Mining.......
212115--Underground Coal Mining...
212220--Gold Ore and Silver Ore
 Mining.
212230--Copper, Nickel, Lead and
 Zinc Mining.
212290--Other Metal Ore Mining....  Limited to facilities previously
                                     classified under SIC 1061,
                                     Ferroalloy Ores, Except Vanadium
                                     (nickel); and facilities previously
                                     classified under SIC 1099,
                                     Miscellaneous Metal Ores, Not
                                     Elsewhere Classified.
221111--Hydroelectric Power         Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221112--Fossil Fuel Electric Power  Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221113--Nuclear Electric Power      Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221114--Solar Electric Power        Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221115--Wind Electric Power         Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221116--Geothermal Electric Power   Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221117--Biomass Electric Power      Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221118--Other Electric Power        Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.

[[Page 72898]]

 
221121--Electric Bulk Power         Limited to facilities that combust
 Transmission and Control.           coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221122--Electric Power              Limited to facilities that combust
 Distribution.                       coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221210--Natural Gas Distribution..  Limited to facilities previously
                                     classified under SIC 4931, Electric
                                     and Other Services Combined and
                                     facilities previously classified
                                     under SIC 4939, Combination
                                     Utilities, Not Elsewhere
                                     Classified.
221330--Steam and Air Conditioning  Limited to facilities previously
 Supply.                             classified under SIC 4939,
                                     Combination Utilities, Not
                                     Elsewhere Classified.
424690--Other Chemical and Allied
 Products Merchant Wholesalers.
424710--Petroleum Bulk Stations
 and Terminals.
425120--Wholesale Trade Agents and  Limited to facilities previously
 Brokers.                            classified in SIC 5169, Chemicals
                                     and Allied Products, Not Elsewhere
                                     Classified.
562112--Hazardous Waste Collection  Limited to facilities primarily
                                     engaged in solvent recovery
                                     services on a contract or fee basis
                                     and previously classified under SIC
                                     7389, Business Services, Not
                                     Elsewhere Classified;
562211--Hazardous Waste Treatment   Limited to facilities regulated
 and Disposal.                       under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
562212--Solid Waste Landfill......  Limited to facilities regulated
                                     under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
562213--Solid Waste Combustors and  Limited to facilities regulated
 Incinerators.                       under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
562219--Other Nonhazardous Waste    Limited to facilities regulated
 Treatment and Disposal.             under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
562920--Materials Recovery          Limited to facilities regulated
 Facilities.                         under the Resource Conservation and
                                     Recovery Act, subtitle C, 42 U.S.C.
                                     6921 et seq.
------------------------------------------------------------------------

* * * * *
[FR Doc. 2022-25375 Filed 11-25-22; 8:45 am]
BILLING CODE 6560-50-P


