13872
Federal
Register
/
Vol.
68,
No.
55
/
Friday,
March
21,
2003
/
Proposed
Rules
*
*
*
*
*

Done
in
Washington,
DC,
this
18th
day
of
March,
2003.
Kevin
Shea,
Acting
Administrator,
Animal
and
Plant
Health
Inspection
Service.
[
FR
Doc.
03
 
6797
Filed
3
 
20
 
03;
8:
45
am]

BILLING
CODE
3410
 
34
 
P
DEPARTMENT
OF
AGRICULTURE
Commodity
Credit
Corporation
Natural
Resources
Conservation
Service
7
CFR
Part
1470
Conservation
Security
Program
AGENCY:
Commodity
Credit
Corporation
and
the
Natural
Resources
Conservation
Service,
USDA.
ACTION:
Extension
of
public
comment
period.

SUMMARY:
The
Conservation
Security
Program
(
CSP)
is
authorized
by
Title
XII,
Chapter
2,
Subchapter
A,
of
the
Food
Security
Act
of
1985,
as
amended
by
the
Farm
Security
and
Rural
Investment
Act
of
2002.
The
Natural
Resources
Conservation
Service
(
NRCS)
published
an
advance
notice
of
proposed
rulemaking
for
CSP
on
February
18,
2003,
(
68
FR
7720),
with
a
comment
period
expiring
March
20,
2003.
NRCS
is
hereby
extending
the
period
during
which
it
will
accept
public
comment
on
the
advance
notice
of
proposed
rulemaking
for
CSP
to
April
3,
2003.
This
extension
is
to
give
the
public
an
additional
opportunity
to
comment
on
key
issues
that
have
been
raised
regarding
the
implementation
of
the
program.
DATES:
Comments
must
be
received
in
writing
by
April
3,
2003.
ADDRESSES:
Send
comments
in
writing,
by
mail,
to
Conservation
Operations
Division,
Natural
Resources
Conservation
Service,
P.
O.
Box
2890,
Washington,
DC
20013
 
2890,
or
by
email
to
FarmBillRules@
usda.
gov;
Attn:
Conservation
Security
Program.
The
Advance
Notice
of
Proposed
Rulemaking
may
also
be
accessed
via
the
Internet
through
the
NRCS
homepage,
at
http://
www.
nrcs.
usda.
gov,
and
by
selecting
Farm
Bill
2002.
All
comments,
including
names
and
addresses
when
provided,
are
placed
in
the
record
and
are
available
for
public
inspection.
FOR
FURTHER
INFORMATION
CONTACT:
Charles
Whitmore,
Acting
Director,
Conservation
Operations
Division,
NRCS,
P.
O.
Box
2890,
Washington,
DC
20013
 
2890;
telephone:
(
202)
720
 
1845;
fax:
(
202)
720
 
4265;
submit
e­
mail
to:
charles.
whitmore@
usda.
gov,
Attention:
Conservation
Security
Program.

Signed
in
Washington,
DC,
on
March
17,
2003.
Bruce
I.
Knight,
Chief,
Natural
Resources
Conservation
Service
and
Vice
President,
Commodity
Credit
Corporation.
[
FR
Doc.
03
 
6825
Filed
3
 
20
 
03;
8:
45
am]

BILLING
CODE
3410
 
16
 
M
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
52
[
CA
071
 
0379b;
FRL
 
7456
 
5]

Revisions
to
the
California
State
Implementation
Plan,
Imperial
County
Air
Pollution
Control
District,
Mendocino
County
Air
Quality
Management
District,
and
Monterey
Unified
Air
Pollution
Control
District
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Proposed
rule.

SUMMARY:
EPA
is
proposing
to
approve
revisions
to
the
Imperial
County
Air
Pollution
Control
District
(
ICAPCD),
Mendocino
County
Air
Quality
Management
District
(
MCAQMD),
and
Monterey
Bay
Unified
Air
Pollution
Control
District
(
MBUAPCD)
portion
of
the
California
State
Implementation
Plan
(
SIP).
These
revisions
concern
administrative
changes
for
clarity
and
consistency.
We
are
proposing
to
approve
local
rules
and
a
rule
rescission
to
regulate
emission
sources
under
the
Clean
Air
Act
as
amended
in
1990
(
CAA
or
the
Act).
DATES:
Any
comments
on
this
proposal
must
arrive
by
April
21,
2003.
ADDRESSES:
Mail
comments
to
Andy
Steckel,
Rulemaking
Office
Chief
(
AIR
 
4),
U.
S.
Environmental
Protection
Agency,
Region
IX,
75
Hawthorne
Street,
San
Francisco,
CA
94105
 
3901.
You
can
inspect
copies
of
the
submitted
SIP
revisions
and
EPA's
technical
support
documents
(
TSDs)
at
our
Region
IX
office
during
normal
business
hours.
You
may
also
see
copies
of
the
submitted
SIP
revisions
at
the
following
locations:
California
Air
Resources
Board,
Stationary
Source
Division,
Rule
Evaluation
Section,
1001
``
I''
Street,
Sacramento,
CA
95814.
Imperial
County
Air
Pollution
Control
District,
150
South
9th
Street,
El
Centro,
CA
92243
 
2801.
Mendocino
County
Air
Quality
Management
District,
306
E.
Gobbi
St.,
Ukiah,
CA
95482
 
5511.
Monterey
Bay
Unified
Air
Pollution
Control
District,
24580
Silver
Cloud
Ct.,
Monterey,
CA
93940
 
6536.
A
copy
of
the
rules
may
also
be
available
via
the
Internet
at
http://
www.
arb.
ca.
gov/
drdb/
drdbltxt.
htm.
Please
be
advised
that
this
is
not
an
EPA
Web
site
and
may
not
contain
the
same
version
of
the
rule
that
was
submitted
to
EPA.

FOR
FURTHER
INFORMATION
CONTACT:
Cynthia
G.
Allen,
EPA
Region
IX,
(
415)
947
 
4120.

SUPPLEMENTARY
INFORMATION:
This
proposal
addresses
the
following
local
rules:
ICAPCD
115,
MCAQMD
400(
b),
and
recission
of
MBUAPCD
209.
In
the
Rules
and
Regulations
section
of
this
Federal
Register,
we
are
approving
these
local
rules
and
rule
recission
in
a
direct
final
action
without
prior
proposal
because
we
believe
these
SIP
revisions
are
not
controversial.
If
we
receive
adverse
comments,
however,
we
will
publish
a
timely
withdrawal
of
the
direct
final
rule
and
address
the
comments
in
subsequent
action
based
on
this
proposed
rule.
Please
note
that
if
we
receive
adverse
comment
on
an
amendment,
paragraph,
or
section
of
this
rule
and
if
that
provision
may
be
severed
from
the
remainder
of
the
rule,
we
may
adopt
as
final
those
provisions
of
the
rule
that
are
not
the
subject
of
an
adverse
comment.
We
do
not
plan
to
open
a
second
comment
period,
so
anyone
interested
in
commenting
should
do
so
at
this
time.
If
we
do
not
receive
adverse
comments,
no
further
activity
is
planned.
For
further
information,
please
see
the
direct
final
action.

Dated:
January
17,
2003.
Alexis
Strauss,
Acting
Regional
Administrator,
Region
IX.
[
FR
Doc.
03
 
6709
Filed
3
 
20
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
372
[
TRI
 
2002
 
0003;
FRL
 
7469
 
7]

RIN
2025
 
AA10
Community
Right­
to­
Know;
Toxic
Chemical
Release
Reporting
Using
North
American
Industry
Classification
System
(
NAICS);
Comment
Request
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Proposed
rule.

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

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13873
Federal
Register
/
Vol.
68,
No.
55
/
Friday,
March
21,
2003
/
Proposed
Rules
published
a
Federal
Register
Notice
of
final
decision
to
adopt
the
North
American
Industry
Classification
System
(
NAICS)
for
the
United
States.
NAICS
is
a
new
industry
classification
system
that
will
replace
the
Standard
Industrial
Classification
(
SIC)
system
that
has
traditionally
been
used
by
government
agencies
for
collecting
statistical
data
and
for
other
administrative
and
regulatory
purposes.
Under
section
313
of
the
Emergency
Planning
and
Community
Right­
to­
Know
Act
of
1986
(
EPCRA)
and
section
6607
of
the
Pollution
Prevention
Act
of
1990
(
PPA),
facilities
that
are
classified
in
specified
SIC
codes
are
subject
to
Toxics
Release
Inventory
(
TRI)
reporting.
In
this
notice,
EPA
is
proposing
to
include
in
the
regulations
the
NAICS
codes
that
correspond
to
the
SIC
codes
that
are
currently
subject
to
the
TRI
reporting
requirements.
EPA
is
also
proposing
that
faciliteis
that
are
subject
to
TRI
reporting
requirements
report
both
SIC
and
NAICS
codes
on
EPCRA
section
313
reporting
forms
for
the
first
full
reporting
period
after
the
effective
date
of
the
final
rule.
Thereafter,
facilities
that
are
subject
to
TRI
reporting
requirements
would
be
required
to
report
their
NAICS
codes
only.
Finally,
EPA
is
proposing
to
amend
the
regulations
to
extend
the
exemption
provided
therein
to
owners
of
covered
facilities
who
lease,
with
no
other
business
interest,
such
facilities
to
operators
of
establishments
that
are
classified
in
any
SIC
code
or
NAICS
code
that
is
subject
to
TRI
requirements.
EPA
is
soliciting
comments
on
these
proposals
and
on
a
list
of
NAICS
codes
that
will
correspond
to
the
SIC
codes
that
are
currently
subject
to
TRI
reporting
requirements.
DATES:
Written
comments,
identified
by
the
docket
control
number
OEI
 
10017,
must
be
received
by
EPA
on
or
before
May
20,
2003.
ADDRESSES:
Comments
may
be
submitted
by
mail:
Send
three
copies
of
your
comments
to:
Document
Control
Office,
Office
of
Environmental
Information
(
OEI),
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460.
Comments
may
also
be
submitted
electronically,
or
in
person.
Please
follow
the
detailed
instructions
for
each
method
as
provided
in
Unit
I.
C
and
I.
D.
of
the
SUPPLEMENTARY
INFORMATION
section
of
this
document.
FOR
FURTHER
INFORMATION
CONTACT:
For
general
information
on
TRI,
contact
the
Emergency
Planning
and
Community
Right­
to­
Know
Hotline
at
(
800)
424
 
9346
or
(
703)
412
 
9810,
TDD
(
800)
553
 
7672,
http://
www.
epa.
gov/
epaoswer/
hotline/.
For
specific
information
on
this
rulemaking
contact:
Judith
Kendall,
Toxics
Releases
Inventory
Program
Divison
(
2844),
OEI,
Environmental
Protection
Agency,
Ariel
Rios
Building,
1200
Pennsylvania
Ave.
NW.,
Washington,
DC
20460,
Telephone:
202
 
566
 
0750;
Fax:
202
 
566
 
0741;
email:
kendall.
judith@
epamail.
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
This
Notice
Apply
to
Me?

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

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

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

B.
How
Can
I
Get
Copies
of
This
Document
and
Other
Related
Information?
1.
In
person.
EPA
has
established
an
official
public
docket
for
this
action
under
Docket
ID
No.
TRI
 
2002
 
0003.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
Although
a
part
of
this
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
OEI
Docket
in
the
EPA
Docket
Center,
(
EPA/
DC)
EPA
West,
Room
B102,
1301
Constitution
Ave.,
NW.,
Washington,
DC.
The
EPA
Docket
Center
Pubic
Reading
Room
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Public
Reading
Room
is
(
202)
566
 
1744,
and
the
telephone
number
for
the
OEI
Docket
is
(
202)
566
 
1752.
2.
Electronic
Access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
Federal
Register
listings
at
http://
www.
epa.
gov/
fedrgstr/.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http:
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
dockets,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
identification
number.
Certain
types
of
information
will
not
be
placed
in
the
EPA
Docket.

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Federal
Register
/
Vol.
68,
No.
55
/
Friday,
March
21,
2003
/
Proposed
Rules
Information
claimed
as
CBI
and
other
information
whose
disclosure
is
restricted
by
statute,
which
is
not
included
in
the
official
public
docket,
will
not
be
available
for
public
viewing
in
EPA's
electronic
public
docket.
EPA's
policy
is
that
copyrighted
material
will
not
be
placed
in
EPA's
electronic
public
docket
but
will
be
available
only
in
printed,
paper
form
in
the
official
public
docket.
To
the
extend
feasible,
publicly
available
docket
materials
will
be
made
available
in
EPA's
electronic
public
docket.
When
a
document
is
selected
from
the
index
list
in
EPA
Dockets,
the
system
will
identify
whether
the
document
is
available
for
viewing
in
EPA's
electronic
public
docket.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
I.
B.
EPA
intends
to
work
towards
providing
electronic
access
to
all
of
the
publicly
available
docket
materials
through
EPA's
electronic
public
docket.
For
public
commenters,
it
is
important
to
note
that
EPA's
policy
is
that
public
comments,
whether
submitted
electronically
or
in
paper,
will
be
made
available
for
public
viewing
in
EPA's
electronic
public
docket
as
EPA
receives
them
and
without
change,
unless
the
comment
contains
copyrighted
material,
CBI,
or
other
information
whose
disclosure
is
restricted
by
statute.
When
EPA
identifies
a
comment
containing
copyrighted
material,
EPA
will
provided
a
reference
to
that
material
in
the
version
of
the
comment
that
is
placed
in
EPA's
electronic
public
docket.
The
entire
printed
comment,
including
the
copyrighted
material,
will
be
available
in
the
public
docket.
Public
comments
submitted
on
computer
disks
that
are
mailed
or
delivered
to
the
docket
will
be
transferred
to
EPA's
electronic
public
docket.
Public
comments
that
are
mailed
or
delivered
to
the
Docket
will
be
scanned
and
placed
in
EPA's
electronic
public
docket.
Where
practical,
physical
objects
will
be
photographed,
and
the
photograph
will
be
placed
in
EPA's
electronic
public
docket
along
with
a
brief
description
written
by
the
docket
staff.
For
additional
information
about
EPA's
electronic
public
docket
visit
EPA
Dockets
online
or
see
67
FR
38102,
May
31,
2002.

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

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

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

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/
Vol.
68,
No.
55
/
Friday,
March
21,
2003
/
Proposed
Rules
II.
What
Is
EPA's
Statutory
Authority
for
Taking
This
Action?

This
proposed
rule
is
being
issued
under
sections
313(
g)(
1)
and
328
of
EPCRA,
42
U.
S.
C.
11023(
g)(
1)
and
11048.
EPCRA
is
also
referred
to
as
Title
III
of
the
Superfund
Amendments
and
Reauthorization
Act
of
1986
(
SARA)
(
Pub.
L.
99
 
499).
In
general,
section
313
of
EPCRA
requires
owners
and
operators
of
facilities
in
specified
SIC
codes
that
manufacture,
process,
or
otherwise
use
a
listed
toxic
chemical
in
amounts
above
specified
threshold
levels
to
report
certain
facility
specific
information
about
such
chemicals,
including
the
annual
releases
and
other
waste
management
quantities.
Section
313(
g)(
1)
of
EPCRA
requires
EPA
to
publish
a
uniform
toxic
chemical
release
form
for
these
reporting
purposes,
and
it
also
prescribes,
in
general
terms,
the
types
of
information
that
must
be
submitted
on
the
form.
Section
313(
g)(
1)(
A)
requires
owners
and
operators
of
facilities
that
are
subject
to
section
313
requirements
to
report
the
principal
business
activities
at
the
facilities.
However,
Congress
provided
no
guidance
as
to
how
such
activities
should
be
described.
In
the
past,
EPA
has
required
owners
and
operators
of
such
facilities
to
identify
their
principal
business
activities
by
reporting,
among
other
things,
their
primary,
and
any
other
applicable
SIC
codes
for
the
facility.
Congress
also
granted
EPA
broad
rulemaking
authority
to
allow
the
Agency
to
fully
implement
the
statute.
EPCRA
section
328
authorizes
the
``
Administrator
[
to]
prescribe
such
regulations
as
may
be
necessary
to
carry
out
this
chapter.''
42
U.
S.
C.
11048.
Consistent
with
these
authorities,
EPA
is
proposing
to
amend
40
CFR
part
372
to
include
the
NAICS
codes
that
correspond
to
the
SIC
codes
that
are
currently
subject
to
section
313
of
EPCRA
and
section
6607
of
the
PPA.
EPA
is
further
proposing
that
owners
and
operators
of
facilities
that
are
subject
to
section
313
identify
their
principal
business
activities
by
both
SIC
and
NAICS
codes
for
the
first
full
reporting
year
after
the
effective
date
of
the
final
rule,
and
thereafter
by
NAICS
code
only.
Finally,
EPA
is
proposing
to
amend
40
CFR
372.38(
e)
to
extend
the
exemption
provided
therein
to
owners
of
covered
facilities
who
lease,
with
no
other
business
interest,
such
facilities
to
operators
of
establishments
that
are
classified
in
any
SIC
code
or
NAICS
code
that
is
subject
to
TRI
requirements.
III.
Overview
of
Proposed
Rule
In
this
notice,
EPA
is
proposing
to
include
in
40
CFR
part
372
the
NAICS
codes
that
correspond
to
the
SIC
codes
that
are
currently
subject
to
TRI
reporting
requirements.
The
purpose
of
this
proposal
would
be
to
facilitate
the
transition
from
reporting
of
SIC
codes
on
TRI
reporting
forms
to
reporting
of
NAICS
codes.
This
proposed
rule
would
not
affect
the
universe
of
facilities
that
is
currently
required
to
report
under
section
313
of
EPCRA
and
section
6607
of
the
PPA
because
EPA
is
not
proposing
to
add
or
delete
industry
groups
from
the
list
of
industries
that
are
currently
subject
to
section
313
reporting
requirements.
EPA
would
simply
be
assigning
NAICS
codes
to
the
SIC
codes
that
are
currently
subject
to
TRI
reporting
requirements.
Accordingly,
consistent
with
the
language
of
section
313(
a)(
1)(
A),
SIC
codes
would
still
remain
in
the
proposed
regulatory
text
as
the
basis
for
identifying
the
industries
that
are
subject
to
TRI
requirements.
EPA
is
also
proposing
amendments
to
40
CFR
372.38(
g)
and
(
h),
and
40
CFR
372.45
to
include
the
NAICS
codes
that
will
be
subject
to
the
exemption
and
notification
requirements
of
those
sections.
Finally,
EPA
is
proposing
to
amend
40
CFR
372.38(
e)
to
extend
the
exemption
provided
therein
to
owners
of
covered
facilities
who
lease,
with
no
other
business
interest,
such
facilities
to
operators
of
establishments
that
are
classified
in
any
SIC
code
or
NAICS
code
that
is
subject
to
TRI
reporting
requirements.

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

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

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

B.
What
Action
Is
EPA
Proposing
in
This
Notice?
On
April
9,
1997,
the
Office
of
Management
and
Budget
(
OMB)
published
a
Federal
Register
Notice
of
final
decision
(
62
FR
17288)
to
adopt
the
North
American
Industrial
Classification
System
(
NAICS)
for
the
United
States,
a
new
economic
classification
system
that
replaces
the
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55
/
Friday,
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21,
2003
/
Proposed
Rules
SIC
system
which
has
traditionally
been
used
by
the
federal
government
for
collecting
and
organizing
industryrelated
statistics.
OMB's
Economic
Classification
Policy
Committee
(
ECPC)
developed
NAICS
in
cooperating
with
the
Instituto
Nacional
de
Estadi
´
stica,
Geografi
´
a
e
Informa
´
tica
(
INEGI)
of
Mexico
and
Statistics
Canada,
in
order
to
standardize
the
industrial
statistics
produced
by
the
three
countries.
It
was
felt
that
the
SIC
system
was
inadequate
for
this
purpose,
in
part
because
it
classified
industries
on
the
basis
of
several
different
economic
concepts.
NAICS,
on
the
other
hand,
classifies
establishments
according
to
similarities
in
the
processes
used
to
produce
goods
and
services.
NAICS
is
the
first
industry
classification
system
developed
in
accordance
with
a
single
principle
of
aggregation,
the
principle
that
producing
units
that
use
similar
production
processes
should
be
grouped
together
in
the
classification.
Notwithstanding
its
primary
function
as
a
tool
to
aid
in
the
collection
and
organization
of
industrial
statistical
information,
OMB
recognized
that
NAICS,
like
its
predecessor,
SIC,
may
also
be
effectively
used
for
nonstatistical
purposes
including
administrative,
tax
and
regulatory
programs.
However,
in
its
notice
of
final
decision
adopting
NAICS
for
the
United
States,
OMB
instructed
the
heads
of
government
agencies
to
determine
that
NAICS
industry
definitions
are
appropriate
for
the
implementation
of
such
programs
before
agencies
use
NAICS
codes
in
them.
See
62
FR
17288,
17294.
For
the
reasons
discussed
in
Unit
IV.
D.
below,
EPA's
Administrator
has
determined
that
NAICS
industry
definitions
will
be
appropriate
for
implementing
section
313
of
EPCRA
and
section
6607
of
the
PPA.
EPA
is
therefore
proposing
to
amend
40
CFR
part
372
to
include
the
NAICS
codes
that
correspond
to
the
SIC
codes
that
are
currently
subject
to
the
reporting
requirements
of
section
313
of
EPCRA
and
section
6607
of
the
PPA.
In
addition,
EPA
is
proposing
to
amend
40
CFR
372.85(
b)(
5)
and
372.95(
b)(
10)
such
that
covered
facilities
would
report
their
appropriate
NAICS
codes
on
the
TRI
reporting
form,
Form,
R,
and
in
Alternate
Threshold
Certification
Statements,
Form
A,
where
applicable.
Covered
facilities
would
be
required
to
report
both
their
appropriate
SIC
and
NAICS
codes
on
Form
R
and
on
the
Alternate
Threshold
Certification
Statements
for
the
first
full
reporting
year
after
the
effective
date
of
the
final
rule,
and
thereafter
their
NAICS
codes
only.
EPA
is
also
proposing
amendments
to
40
CFR
372.38(
g)
and
(
h),
and
40
CFR
372.45
to
include
the
NAICS
codes
that
will
be
subject
to
the
exemption
and
notification
requirements
of
those
sections.
Finally,
EPA
is
proposing
to
amend
40
CFR
372.38(
e)
to
extend
the
exemption
provided
therein
to
owners
of
covered
facilities
who
lease,
with
no
other
business
interest,
such
facilities
to
operators
of
establishment
that
are
classified
in
any
SIC
code
or
NAICS
code
that
is
subject
to
TRI
reporting
requirements.
EPA
solicits
your
comments
on
these
proposals
and
welcomes
your
suggestions
for
facilitating
the
transition
of
TRI
reporting
from
SIC
codes
to
NAICS
codes.

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

D.
Why
Is
EPA
Proposing
To
Use
NAICS
in
Addition
to
SIC
for
Section
313
and
Section
6607
Reporting
Purposes?
EPA
believes
it
is
appropriate
to
amend
40
CFR
part
372
to
include
the
NAICS
codes
that
correspond
to
the
SIC
codes
that
are
currently
subject
to
TRI
reporting
requirements
for
several
reasons.
First,
the
SIC
manual
has
not
been
updated
since
1987
despite
significant
changes
in
the
national
economy,
and
limitations
in
the
structure
of
the
SIC
system
have
led
to
difficulties
in
classifying
new
and
emerging
industries.
(
North
American
Industry
Classification
System
manual,
1997,
p.
21).
As
a
result,
the
existing
SIC
systems
does
not
reflect
many
of
the
important
changes
that
have
occurred
within
the
national
economy
over
the
last
decade
or
so.
More
importantly,
it
will
not
be
updated
in
the
future
because
of
OMB's
adoption
of
NAICS
as
the
United
States'
new
industry
classification
system.
Accordingly,
facilities
that
come
into
existence
in
the
future
will
not
have
experience
using
SIC
codes
and
may
have
difficulty
determining
whether
or
not
they
are
subject
to
TRI
requirements.
Moreover,
as
OMB
has
recognized,
the
SIC
system
is
somewhat
cumbersome
and
inflexible
to
use
because
it
classifies
industries
on
the
basis
of
several
economic
principles
rather
than
a
single,
consistent
principle
(
North
American
Industry
Classification
System
manual,
1997,
p.
21).
NAICS,
on
the
other
hand,
represents
a
more
targeted
approach
to
industry
classification,
focusing
primarily
on
production
processes.
Finally,
the
conversion
to
NAICS
is
part
of
EPA's
data
standards
program,
which
helps
promote
efficient
data
exchange
and
integration
through
consistently
defined
and
formatted
data.
Using
NAICS
for
TRI
reporting
purposes
will
enable
more
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Proposed
Rules
efficient
database
integration
and
will
promote
public
access
to
commonly
defined
data
from
disparate
sources.

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

A.
The
Manufacturing
Sector:
SIC
Codes
20
Through
39
This
proposal
to
include
the
NAICS
codes
in
40
CFR
part
372
that
correspond
to
the
SIC
codes
that
are
currently
subject
to
the
TRI
requirements
is
being
undertaken
with
the
goal
of
maintaining
coverage
of
all
facilities
that
are
currently
required
to
report
releases
and
waste
management
quantities
of
listed
toxic
chemicals.
As
noted
above
in
Unit
IV.
C.,
if
the
TRI
Program
were
to
adopt
a
straight
1:
1
identification
of
NAICS
facilities
to
be
covered
(
e.
g.,
SIC
Manufacturing
facilities
(
20
 
39)
 
NAICS
Manufacturing
facilities
(
31
 
33)),
many
currently
covered
facilities
would
no
longer
be
covered
and
other
facilities
that
are
not
covered
now
would
be
added
to
the
list
of
covered
facilities.
This
would
not
be
consistent
with
the
statutory
requirements.
Therefore,
to
avoid
this
problem,
the
TRI
Program
developed
an
extensive
SIC
 
NAICS
 
SIC
crosswalk
document
based
on
U.
S.
Census
Bureau
SIC 
NAICS
and
NAICS 
SIC
conversion
tables
in
order
to
identify
the
universe
of
NAICS
codes
that
correspond
to
covered
SIC
does.
[
Table
1
 
1997
NAICS
United
States
Matched
to
1987
U.
S.
SIC
and
Table
2
 
1987
U.
S.
SIC
Matched
in
1997
NAICS
United
States
at
http://
www.
census.
gov/
epcd/
www/
naicstab.
htm]
From
the
crosswalk
document,
EPA
is
developing
a
web­
based
crosswalk
tool
for
users
that
links
all
4­
digit
SIC
codes
that
are
subject
to
TRI
requirements
to
6­
digit
NAICS
codes
that
would
also
be
subject
to
such
requirements.
EPA
developed
its
crosswalk
document
and
is
developing
the
crosswalk
tool
by
carefully
mapping
each
SIC
code
to
its
corresponding
NAICS
code
or
codes,
and
the
mapping
each
of
the
resulting
NAICS
codes
back
to
SIC.
More
specifically,
for
each
3­
digit
industry
subsector
in
the
NAICS
manufacturing
sector
(
i.
e.,
NAICS
311
through
339),
EPA
checked
the
Census
Bureau's
NAICS
to
SIC
crosswalk
table
at
http://
www.
census.
gov/
to
find
industries
that
are
not
in
the
SIC
manufacturing
sector
(
SIC
codes
20
through
39),
but
which
have
been
classified
as
manufacturing
industries
under
NAICS.
Similarly,
EPA
checked
the
Census
Bureau's
SIC
to
NAICS
crosswalk
table
to
find
SIC
manufacturing
industries
that
are
not
classified
in
the
NAICS
manufacturing
sector.
By
conducting
this
mapping,
EPA
was
able
to
develop
a
list
of
NAICS
codes
that
corresponds
to
the
list
of
manufacturing
sector
SIC
codes
that
are
subject
to
TRI
requirements.
A
hard
copy
of
the
Census
Bureau's
SIC/
NAICS
crosswalk
document
is
included
in
the
docket
for
this
proposed
rule.
It
is
possible
that
new
NAICS
codes
will
be
created
in
the
future.
In
the
event
that
the
Census
Bureau
does
not
update
its
crosswalk
to
provide
corresponding
SIC
codes
when
newlycreated
NAICS
codes
are
published,
EPA
would
formally
request
such
a
determination
from
the
Census
Bureau.
Should
the
Census
Bureau
decline
the
request,
EPA
would
rely
on
information
such
as
the
definition
of
the
newlycreated
NAICS
codes
and
how
closely
that
definition
tracks
the
definitions
of
covered
SIC
codes,
the
types
of
activities
that
are
undertaken
by
facilities
that
are
classified
in
the
new
NAICS
code,
whether
the
facilities
that
are
classified
in
the
new
NAICS
code
were
previously
classified
in
a
covered
SIC
or
NAICS
code,
and
other
relevant
information.
In
general,
NAICS
manufacturing
industries
that
would
be
subject
to
TRI
reporting
requirements
would
be
identified
by
their
3­
digit
subsector
codes
(
e.
g.,
NAICS
311,
324,
339).
In
some
cases,
all
of
the
six
digit
NAICS
industries
that
are
included
within
the
3­
digit
NAICS
industry
subsector
would
be
subject
to
TRI
requirements
(
i.
e.,
all
6
digit
NAICS
industries
within
that
subsector
correspond
to
industries
with
SIC
codes
that
are
currently
subject
to
TRI
requirements).
The
following
NAICS
manufacturing
subsectors
contain
NAICS
industries,
all
of
which
would
be
subject
to
TRI
requirements:
NAICS
316,
Leather
and
Allied
Product
Manufacturing;
NAICS
321,
Wood
Product
Manufacturing;
NAICS
322,
Paper
Manufacturing;
NAICS
324,
Petroleum
and
Coal
Products
Manufacturing;
NAICS
327,
Nonmentaallic
Mineral
Product
Manufacturing;
NAICS
331,
Primary
Metal
Manufacturing;
NAICS
332
Fabricated
Metal
Product
Manufacturing;
NAICS
333,
Machinery
Manufacturing;
and
NAICS
336,
Transportation
Equipment
Manufacturing.
In
other
cases,
some,
but
not
all,
of
the
6
digit
NAICS
industries
contained
within
a
3­
digit
NAICS
subsector
would
be
subject
to
TRI
requirements.
Exceptions
from
the
reporting
requirements
are
provided
for
industries
that
were
previously
classified
outside
of
the
SIC
manufacturing
sector
(
SIC
codes
20
through
39)
but
are
not
classified
within
the
NAICS
manufacturing
sector
(
NAICS
codes
31
through
33).
NAICS
industry
exceptions
are
identified
by
their
6­
digit
NAICS
code
and
NAICS
industry
description,
and
also
by
their
corresponding
SIC
code
and
SIC
industry
description.
For
purposes
of
this
preamble
and
the
proposed
rule,
EPA
has
defined
``
previously
classified''
to
mean
a
facility
that
was
properly
classified,
according
to
40
CFR
372.22(
b),
under
a
given
Standard
Industrial
Classification
code,
as
identified
in
the
Standard
Industrial
Classification
Manual,
1987,
Executive
Office
of
the
President,
Office
of
Management
and
Budget.
See
section
372.3
of
the
proposed
regulatory
text;
see
generally,
Executive
Office
of
the
President,
Office
of
Management
and
Budget,
Standard
Industrial
Classification
Manual,
1987.
Accordingly,
owners
or
operators
of
facilities
that
are
properly
classified
in
the
excepted
industries
because
they
were
properly
classified
in
a
SIC
industry
that
is
not
currently
subject
to
TRI
requirements
would
not
report
to
TRI
under
this
proposal.
Conversely,
owners
or
operators
of
manufacturing
facilities
that
are,
or
have
been,
improperly
classifying
their
facilities
in
SIC
codes
that
are
not
currently
subject
to
TRI
would
report
to
TRI
under
this
proposal.
Industry
exceptions
are
limited
to
specific
types
of
industries
when
it
is
necessary
to
do
so
to
ensure
that
the
covered
facilities
under
NAICS
are
identical
to
those
under
SIC.
For
example,
under
NAICS
311
(
Food
Manufacturing),
NAICS
311612
(
defined
as
``
Meat
Processed
from
Carcasses''),
is
listed
as
an
industry
exception.
However,
NAICS
311612
includes
industries
that
were
classified
in
SIC
2013,
``
Sausages
and
Other
Prepared
Meat
Products,''
and
in
SIC
5147,
``
Meats
and
Meat
Products.''
Facilities
that
were
previously
classified
in
the
former
industry
are
currently
subject
to
TRI
requirements
whereas
those
that
were
previously
classified
in
the
latter
industry
are
not.
Accordingly,
the
exception
for
NAICS
311612
applies
only
to
those
facilities
that
were
previously
classified
in
SIC
5147.
All
other
facilities
included
in
NAICS
311612
would
report
if
they
satisfy
the
applicable
reporting
criteria
Similarly,
under
NAICS
325
(
Chemical
Manufacturing),
there
is
an
exception
for
certain
facilities
classified
in
NAICS
325998
(
Miscellaneous
Chemical
Product
and
Preparation
Manufacturing).
This
exception
is
limited
to
facilities
primarily
engaged
in
filling
pressure
containers
(
i.
e.,
aerosol
containers)
on
a
job
order
or
contract
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Vol.
68,
No.
55
/
Friday,
March
21,
2003
/
Proposed
Rules
basis
that
were
previously
classified
under
SIC
7389
(
Business
Services,
Not
Elsewhere
Classified).
However,
those
facilities
that
fill
pressure
containers
on
a
job
order
or
contract
basis
that
were
previously
classified
in
the
manufacturing
sector
under
the
SIC
system
because
they
are
primarily
engaged
in
activities,
such
as
blending
of
chemicals,
that
are
considered
under
the
SIC
to
be
manufacturing
activities,
would
continue
to
report
to
TRI.
One
of
the
industry
exceptions
in
NAICS
311,
under
311119,
Food
Manufacturing,
includes
facilities
that
are
primarily
engaged
in
Custom
Grain
Grinding
for
Animal
Feed.
Facilities
that
conduct
custom
milling
of
animal
feed
and
those
that
provide
mobile
feed
milling
services
that
were
previously
classified
under
SIC
2048,
Prepared
Feeds
and
Feed
Ingredients
for
Animals
and
Fowls,
Except
Dogs
and
Cats,
are
not
included
in
this
exception.
At
the
end
of
the
list
of
3­
digit
NAICS
manufacturing
subsector
codes
and
exceptions
that
appears
in
this
preamble
in
Unit
V.
D.
1.,
there
is
a
list
of
additional
6­
digit
NAICS
industries.
Some
of
these
industries
are
the
NAICS
equivalents
of
the
SIC
industries
that
were
added
to
TRI
in
the
Industry
Expansion
Rule.
See
Unit
V.
B.
below.
Others
were
considered
manufacturing
industries
under
SIC,
but
are
not
considered
manufacturing
industries
under
NAICS.
For
example,
whereas
SIC
treats
establishments
that
produce
maple
syrup
from
maple
sap
as
manufacturing
establishments
classified
in
SIC
2099
(
Food
Preparations,
NEC,
Reducing
Maple
Sap
to
Maple
Syrup),
NAICS
treats
establishments
engaged
in
maple
syrup
production
as
an
agricultural
activity
and
classifies
such
establishments
in
NAICS
111998
(
All
Other
Miscellaneous
Crop
Farming).
Despite
the
NAICS
classification,
establishments
that
reduce
maple
sap
to
maple
syrup
are
still
subject
to
TRI
requirements.
See
Unit
IV.
C.
above.
Another
notable
example
of
a
SIC
manufacturing
industry
which
is
no
longer
classified
as
such
in
NAICS
is
SIC
3295
(
Minerals
and
Earths,
Ground
or
Otherwise
Treated).
This
SIC
industry
is
composed
of
establishments
operating
without
a
mine
or
quarry
and
that
are
primarily
engaged
in
crushing,
grinding,
pulverizing,
or
otherwise
preparing
clay,
ceramic,
and
refractory
minerals;
barite;
and
miscellaneous
nonmetallic
minerals,
except
fuels
(
Standard
Industrial
Classification
Manual,
1987,
p.
170).
Such
establishments
are
now
classified
within
various
industries
in
the
mining
sector
in
NAICS
(
NAICS
code
21),
but
they
are
still
subject
to
TRI
reporting
requirements.

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

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

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

D.
Which
NAICS
Codes
Will
Be
Subject
to
Tri
Requirements
Under
This
Proposed
Rule?
EPA
has
preliminarily
determined
that
facilities
with
the
following
NAICS
codes
(
and
auxiliary
facilities
that
provide
support
services
for
them)
would
report
their
toxic
chemical
releases
and
other
waste
management
activities
to
TRI.
Once
final,
this
list
will
be
used
for
regulatory
and
enforcement
purposes.
As
noted
above,
it
is
EPA's
intent
to
include
only
NAICS
codes
and
industry
descriptions
on
this
list
that
correspond
to
SIC
codes
and
industry
descriptions
that
are
currently
covered
by
EPCRA
section
313.

1.
NAICS
Codes
That
Correspond
to
SIC
Codes
20
Through
39
NAICS
311
 
Food
Manufacturing
Exceptions:
311119
 
Exception
is
limited
to
Custom
Grain
Grinding
for
Animal
Feed
(
previously
classified
under
SIC
0723
Crop
Preparation
Services
for
Market,
Except
Cotton
Ginning);
311330
 
Exception
is
limited
to
Candy
Stores,
Chocolate,
Candy
Made
on
Premises
not
for
Immediate
Consumption
(
previously
classified
under
SIC
5441,
Candy,
Nut,
and
Confectionery
Stores);
311340
 
Exception
is
limited
to
Candy
Stores,
Nonchocolate,
Candy
Made
on
Premises
not
for
Immediate
Consumption
(
previously
classified
under
SIC
5441,
Candy,
Nut,
and
Confectionery
Stores);
311811
 
Retail
Bakeries
(
previously
classified
under
SIC
5461,
Retail
Bakeries);
311611
 
Exception
is
limited
to
Custom
Slaughtering
(
previously
classified
under
SIC
0751,
Livestock
Services,
Except
Veterinary);
311612
 
Exception
is
limited
to
Boxed
Beef
and
Boxed
Meat
Produced
from
Purchased
Carcasses
(
previously
classified
under
SIC
5147,
Meats
and
Meat
Products);
NAICS
312
 
Beverage
and
Tobacco
Product
Manufacturing
Exceptions:
312229
 
Exception
is
limited
to
Tobacco
Sheeting
Services
(
previously
classified
under
SIC
7389,
Business
Services,
NEC);
NAICS
313
 
Textile
Mills
Exceptions:
313311
 
Exception
is
limited
to
Converters,
broadwoven
piece
goods
and
converting
textiles,
broadwoven
(
previously
classified
under
SIC
5131,
Piece
Goods
and
Notions,
broadwoven
and
non­
broadwoven
piece
good
converters),
and
facilities
formerly
classified
under
SIC
7389,
Business
Services,
NEC
(
Sponging
fabric
for
tailors
and
dressmakers);
313312
 
Exception
is
limited
to
narrow
woven
Converting
Textiles,
and
narrow
woven
piece
goods
Converters,
(
previously
classified
under
SIC
5131,
Piece
Goods
and
Notions,
converters,
except
broadwoven
fabric);
NAICS
314
 
Textile
Product
Mills
Exceptions:
314121
 
Exception
is
limited
to
Custom
drapery
manufacturers
for
retail
sale
(
previously
classified
under
SIC
5714,
Drapery,
curtain,
and
Upholstery
Stores)
314129
 
Exception
is
limited
to
Custom
slipcover
manufacturers
for
retail
sale
(
previously
classified
under
SIC
5714,
Drapery,
Curtain,
and
Upholstery
Stores)
314999
 
Exception
is
limited
to
Binding
carpets
and
rugs
for
the
trade,
Carpet
cutting
and
binding,
and
Embroidering
on
textile
products
(
except
apparel)
for
the
trade
(
previously
classified
under
SIC
7389,
Embroidering
of
advertising
on
shirts
and
Rug
binding
for
the
trade);
NAICS
315
 
Apparel
Manufacturing
Exceptions:
315222
 
Exception
is
limited
to
Custom
tailors,
men's
and
boys'
suits,
cut
and
sewn
from
purchased
fabric
(
previously
classified
under
SIC
5699,
Miscellaneous
apparel
and
accessory
stores
(
custom
tailors);
315223
 
Exception
is
limited
to
Custom
tailors,
men's
and
boys'
dress
shirts,
cut
and
sewn
from
purchased
fabric
(
previously
classified
under
SIC
5699,
Miscellaneous
apparel
and
accessory
stores
(
custom
tailors);
315233
 
Exception
is
limited
to
Bridal
dresses
or
gowns,
custom
made,
Custom
tailors,
women's,
misses'
and
girls'
dresses
cut
and
sewn
from
purchased
fabric
(
except
apparel
contractors)(
previously
classified
under
SIC
5699,
Miscellaneous
apparel
and
accessory
stores
(
custom
dressmakers);
NAICS
316
 
Leather
and
Allied
Product
Manufacturing
NAICS
321
 
Wood
Product
Manufacturing
NAICS
322
 
Paper
Manufacturing
NAICS
323
 
Printing
and
Related
Support
Activities
Exceptions:
323114
 
Exception
is
limited
to
Instant
printing
(
i.
e.,
quick
printing)(
previously
classified
under
SIC
7334,
Photocopying
and
Duplicating
Services,
(
instant
printing));
NAICS
324
 
Petroleum
and
Coal
Products
Manufacturing
NAICS
325
 
Chemical
Manufacturing
Exceptions:
325998
 
Exception
is
Limited
to
Aerosol
can
filling
on
a
job
order
or
contract
basis
(
previously
classified
under
SIC
7389,
Business
Services,
NEC
(
aerosol
packaging))
NAICS
326
 
Plastics
and
Rubber
Products
Manufacturing
Exceptions:
326212
 
Exception
is
limited
to
Tire
Retreading,
Recapping
or
Rebuilding
(
previously
classified
under
SIC
7534,
Tire
Retreading
and
Repair
Shops
(
rebuilding))
NAICS
327
 
Nonmetallic
Mineral
Product
Manufacturing
NAICS
331
 
Primary
Metal
Manufacturing
NAICS
332
 
Fabricated
Metal
Product
Manufacturing
NAICS
333
 
Machinery
Manufacturing
NAICS
334
 
Computer
and
Electronic
Manufacturing
Exceptions:
334611
 
Exception
is
limited
to
Software
Reproducing
(
previously
classified
under
SIC
7372,
Prepackaged
Software,
(
reproduction
of
software))
334612
 
Exception
is
limited
to
mass
reproducing
pre­
recorded
Video
cassettes,
and
mass
reproducing
Video
tape
or
disk
(
previously
classified
under
SIC
7819,
Services
Allied
to
Motion
Picture
Production
(
reproduction
of
video))
NAICS
335
 
Electrical
Equipment,
Appliance,
and
Component
Manufacturing
Exceptions:
335312
 
Exception
is
limited
to
Armature
rewinding
on
a
factory
basis
(
previously
classified
under
SIC
7694
(
Armature
Rewinding
Shops
(
remanufacturing))
NAICS
336
 
Transportation
Equipment
Manufacturing
NAICS
337
 
Furniture
and
Related
Product
Manufacturing
Exceptions:
337110
 
Exception
is
limited
to
Wood
Kitchen
Cabinet
and
Counter
top
Manufacturing
(
previously
classified
under
SIC
5712,
Furniture
Stores
(
custom
wood
cabinets))
337121
 
Exception
is
limited
to
Upholstered
furniture,
household
type,
custom
manufacturing
(
previously
classified
under
SIC
5712,
Furniture
Stores
(
upholstered,
custom
made
furniture)
337122
 
Exception
is
limited
to
Nonupholstered,
household
type,
custom
wood
furniture
manufacturing
(
previously
classified
under
SIC
5712,
Furniture
Stores
(
custom
made
wood
nonupholstered
household
furniture
except
cabinets))
NAICS
339
 
Miscellaneous
Manufacturing
Exceptions:
339115
 
Exception
is
limited
to
Ophthalmic
Goods
Manufacturing,
lens
grinding
(
previously
classified
under
SIC
5995,
Optical
Goods
Stores
(
optical
laboratories
grinding
of
lenses
to
prescription))

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/
Vol.
68,
No.
55
/
Friday,
March
21,
2003
/
Proposed
Rules
339116
 
Dental
laboratories
(
previously
classified
under
SIC
8072,
Dental
Laboratories)
NAICS
111998
 
All
Other
Miscellaneous
Crop
Farming
(
limited
to
facilities
that
reduce
maple
sap
to
maple
syrup
(
previously
classified
under
SIC
2099:
Food
Preparations,
NEC,
Reducing
Maple
Sap
to
Maple
Syrup));
NAICS
511110
 
Newspaper
Publishers;
NAICS
511120
 
Periodical
Publishers;
NAICS
511130
 
Book
Publishers;
NAICS
511140
 
Database
and
Directory
Publishers
Exceptions:
511140
 
Exception
is
limited
to
Address
list
compliers,
Address
list
publishers,
Address
list
publishers
and
printing
combined,
Address
list
publishing
(
i.
e.,
establishments
known
as
publishers),
Business
directory
publishers,
Catalog
of
collections
publishers,
Catalog
of
collections
publishers
and
printing
combined,
Compiling
mailing
lists,
Directory
compilers,
Mailing
list
compiling
services
(
previously
classified
under
SIC
7331,
Direct
Mail
Advertising
Services
(
mailing
list
compliers))
NAICS
511191
 
Greeting
Card
Publishers;
NAICS
511199
 
All
Other
Publishers
NAICS
512220
 
Integrated
Record
Production/
Distribution
NAICS
512230
 
Music
Publishers
Exceptions:
512230
 
Exception
is
limited
to
Music
copyright
authorizing
use,
Music
copyright
buying
and
licensing,
Music
publishers
(
previously
classified
under
SIC
8999,
Services,
NEC
(
music
publishing))
NAICS
211112
 
Natural
Gas
Liquid
Extraction
(
limited
to
facilities
that
recover
sulfur
from
natural
gas
(
previously
classified
under
SIC
2819,
Industrial
Inorganic
Chemical,
NEC
(
recovering
sulfur
from
natural
gas))
NAICS
212324
 
Kaolin
and
Ball
Clay
Mining
(
limited
to
facilities
operating
without
a
mine
or
quarry
and
that
are
primarily
engaged
in
beneficiating
koalin
and
clay
(
previously
classified
under
SIC
3295,
Minerals
and
Earths,
Ground
or
Otherwise
Treated
(
grinding,
washing,
separating,
etc.
of
minerals
in
SIC
1355))
NAICS
212325
 
Clay
and
Ceramic
and
Refractory
Minerals
Mining
(
Limited
to
facilities
operating
without
a
mine
or
quarry
and
that
are
primarily
engaged
in
beneficiating
clay
and
ceramic
and
refractory
minerals(
previously
classified
under
SIC
3295,
Minerals
and
Earths,
Ground
or
Otherwise
Treated
(
grinding,
washing,
separating,
etc.
of
minerals
in
SIC
1459)))
NAICS
212393
 
Other
Chemical
and
Fertilizer
Mineral
Mining
(
limited
to
facilities
operating
without
a
mine
or
quarry
and
that
are
primarily
engaged
in
beneficiating
chemical
or
fertilizer
mineral
raw
materials
(
previously
classified
under
SIC
3295,
Minerals
and
Earths,
Ground
or
Otherwise
Treated
(
grinding,
washing,
separating,
etc,
of
minerals
in
SIC
1479))
NAICS
212399
 
All
Other
Nonmetallic
Mineral
Mining
(
limited
to
facilities
operating
without
a
mine
or
quarry
and
that
are
primarily
engaged
in
beneficiating
nonmetallic
minerals
(
previously
classified
under
SIC
3295,
Minerals
and
Earths,
Ground
or
Otherwise
Treated
(
grinding,
washing,
separating,
etc,
of
minerals
in
SIC
1499))
NAICS
488390
 
Other
Support
Activities
for
Water
Transportation
(
limited
to
Drydocks,
floating
(
i.
e.,
routine
repair
and
maintenance
of
ships
and
boats)
(
previously
classified
under
SIC
3731
Shipbuilding
and
Repairing
(
floating
drydocks
not
associated
with
a
shipyard))
NAICS
811490
 
Other
Personal
and
Household
Goods
Repair
and
Maintenance
(
limited
to
Boat,
pleasure,
repair
and
maintenance
services
without
retailing
new
boats)
(
previously
classified
under
SIC
3732
Boat
Building
and
Repairing
(
pleasure
boat
building))
NAICS
541710
 
Research
and
Development
in
the
Physical,
Engineering,
and
Life
Sciences
(
limited
to
Guided
missile
and
space
vehicle
engine
research
and
development)
(
previously
classified
under
SIC
3764),
and
Guided
missile
and
space
vehicle
parts
(
except
engines)
research
and
development
(
previously
classified
under
SIC
3769)

2.
NAICS
Codes
That
Correspond
to
SIC
Code
10
(
Except
1011,
1084,
and
1094)

NAICS
21211
 
Bituminous
Coal
and
Lignite
Surface
Mining
NAICS
21212
 
Bituminous
Coal
Underground
Mining
NAICS
21213
 
Anthracite
Mining
3.
NAICS
Codes
That
Correspond
to
SIC
Code
12
(
Except
1241)

NAICS
212221
 
Gold
Ore
Mining
NAICS
212222
 
Silver
Ore
Mining
NAICS
212231
 
Lead
Ore
and
Zinc
Mining
NAICS
212234
 
Copper
Ore
and
Nickel
Ore
Mining
NAICS
212299
 
All
Other
Ore
Mining
4.
NAICS
Codes
That
Correspond
to
SIC
Codes
4911,
4931,
and
4939
(
Limited
to
Facilities
That
Combust
Coal
and/
or
Oil
for
the
Purpose
of
Generating
Power
for
Distribution
in
Commerce)

NAICS
221111
 
Hydroelectric
Power
Generation
NAICS
221112
 
Fossil
Fuel
Electric
Power
Generation
NAICS
221113
 
Nuclear
Electric
Power
Generation
NAICS
221119
 
All
Other
Electric
Power
Generation
NAICS
221121
 
Electric
Bulk
Power
Transmission
and
Control
NAICS
221122
 
Electric
Power
Distribution
5.
NAICS
Code
That
Correspond
to
SIC
Code
4953
(
Limited
to
Facilities
Regulated
Under
the
Resource
Conservation
and
Recovery
Act,
Subtitle
C,
42
U.
S.
C.
6921
et
seq.

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

6.
NAICS
Code
That
Corresponds
to
SIC
Code
5169
NAICS
422690
 
Other
Chemical
and
Allied
Products
Wholesalers
7.
NAICS
Code
That
Corresponds
to
SIC
5171
NAICS
422710
 
Petroleum
Bulk
Stations
and
Terminals
(
wholesale)

8.
NAICS
Code
That
Corresponds
to
SIC
Code
7389
(
Limited
to
Facilities
Primarily
Engaged
in
Solvet
Recovery
Services
on
a
Contract
or
fee
Basis)

NAICS
562112
 
Collection
of
Hazardous
Waste
Limited
to
facilities
primarily
engaged
in
solvent
recovery
services
on
a
contract
or
fees
basis
NAICS
325
 
Chemical
Manufacturing
E.
How
Will
Section
313
Reporting
Requirements
Change
as
a
Result
of
This
Proposal?
TRI
reporting
requirements
would
remain
substantially
the
same
under
this
proposal
as
they
are
now.
The
difference
is
that,
except
for
the
first
full
reporting
year
after
the
effective
date
of
the
final
rule,
covered
facilities
would
be
reporting
their
primary
and
secondary
NAICS
codes
on
Form
R
and
on
Alternate
Threshold
Certification
Statements
rather
than
their
primary
and
secondary
SIC
codes.
Because
the
statute
identifies
covered
facilites
by
SIC
code,
the
industries
subject
to
TRI
requirements
would
continue
to
be
identified
in
the
regulatory
text
by
SIC
code,
although
the
text
would
be
amended
to
include
NAICS
codes
as
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/
Vol.
68,
No.
55
/
Friday,
March
21,
2003
/
Proposed
Rules
well.
See
40
CFR
372.22(
b)
and
372.23
of
the
proposed
regulatory
text
below.
This
is
primarily
to
help
owners
or
operators
of
covered
facilities
identify
the
appropriate
NAICS
code
to
be
used
on
reporting
forms.
By
continuing
to
use
SIC
codes
in
the
regulatory
text,
EPA
can
ensure
that
currently
covered
facilities
will
continue
to
be
covered
even
if
EPA
made
a
mistake
in
the
translation
from
SIC
codes
to
NAICS
codes.
Finally,
the
owner
or
operator
of
a
covered
facility
might
come
to
a
different
conclusion
than
EPA
did
with
respect
to
the
NAICS
code
that
corresponds
to
the
facility's
SIC
code.
If
the
regulatory
text
only
included
NAICS
codes,
the
owner
or
operator
of
such
a
facility
might
assume
that
she
is
no
longer
subject
to
TRI
requirements.
The
proposed
regulatory
text
would
ensure
that
the
owner
or
operator
would
understand
that
she
must
continue
to
report
regardless
of
whether
or
not
she
agrees
with
EPA's
determination
on
the
NAICS
code
that
most
appropriately
corresponds
to
her
facility's
SIC
code.
In
sum,
facilities
that
are
currently
reporting
to
TRI
because
they
are
classified
in
SIC
codes
that
are
currently
subject
to
TRI
reporting
requirements
would
continue
to
report
under
this
proposed
rule
if
they
satisfy
the
applicable
reporting
criteria.
EPA
is
proposing
that
owners
or
operators
of
covered
facilities
report
bot
SIC
codes
and
NAICS
codes
during
the
first
full
reporting
period
after
the
effective
date
of
the
final
rule.
Reporting
both
SIC
and
NAICS
codes
for
the
first
full
reporting
period
is
necessary
to
facilitate
continued
time­
series
analysis
of
the
TRI
data.
Each
year,
TRI
data
are
compiled,
analyzed
and
presented
to
the
public
in
a
report
called
the
Toxics
Release
Inventory
Public
Data
Release.
A
substantial
part
of
the
report
is
devoted
to
an
analysis
of
the
data
by
industry
group
for
the
current
year
and
over
time.
Industry­
specific
and
chemical­
specific
on­
and
off­
site
releases
and
other
waste
management
data
are
analyzed
for
the
most
recent
reporting
year,
from
1988
to
the
present
for
TRI's
original
release
and
transfer
categories
(
since
1991
for
the
other
waste
management
data),
and
from
1998
to
the
present
for
new
industries
reporting
to
TRI
since
1998.
Time­
series
analyses
of
TRI
data
are
critical
for
reviewing
trends
in
overall
releases
and
management
of
waste
and
for
measuring
industry
progress
in
these
areas.
For
example,
the
2000
TRI
Public
Data
Release
(
presenting
1998
data)
includes
a
table
that
presents
percent
change
in
total
TRI
on­
site
and
off­
site
releases
for
each
of
the
19
manufacturing
industries,
designated
by
their
2­
digit
SIC
major
group
code.
In
all
but
one
of
the
manufacturing
categories,
total
on­
and
off­
site
releases
decreased
from
1988
to
1998,
in
several
industries
by
well
over
50%.
In
order
to
continue
to
present
these
types
of
important
analyses
to
the
public,
careful
tracking
of
code
changes
during
the
SIC
to
NAICS
transition
is
critical.
Moreover,
a
dual
reporting
requirement
for
the
transition
reporting
period
will
be
useful
in
fine
tuning
the
list
of
NAICS
industries
that
corresponds
to
the
list
of
SIC
industries
that
are
currently
subject
to
TRI
requirements.
The
dual
reporting
for
the
transition
reporting
period
will
serve
as
an
extra
quality
assurance
measure
to
ensure
that
with
the
transition
to
reporting
by
NAICS
code,
no
additional
industry
groups
are
inadvertently
added,
and
that
all
currently
reporting
industries
are
included.
EPA
has
concluded
that
the
additional
burden
associated
with
requiring
covered
facilities
to
report
both
SIC
and
NAICS
codes
for
one
year
is
negligible.
See
the
discussion
below
in
Unit
VI.

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

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

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

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

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

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

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

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

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/
Vol.
68,
No.
55
/
Friday,
March
21,
2003
/
Proposed
Rules
2.
U.
S.
Census
Bureau
letter
from
Mark
E.
Wallace
to
Maria
J.
Doa,
U.
S.
EPA.

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

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

C.
Regulatory
Flexibility
Act
(
RFA),
as
Amended
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996
(
SBREFA),
5
U.
S.
C.
601
et
seq.
The
RFA
generally
requires
an
agency
to
prepare
a
regulatory
flexibility
analysis
of
any
rule
subject
to
notice
and
comment
rulemaking
requirements
under
the
Administrative
Procedure
Act
or
any
other
statute
unless
the
agency
certifies
that
the
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
Small
entities
include
small
businesses,
small
organizations,
and
small
governmental
jurisdictions.
For
purposes
of
assessing
the
impacts
of
today's
rule
on
small
entities,
small
entity
is
defined
as:
(
1)
A
business
that
is
classified
as
a
``
small
business''
by
the
Small
Business
Administration
at
13
CFR
121.201;
(
2)
a
small
governmental
jurisdiction
that
is
a
government
of
a
city,
county,
town,
school
district
or
special
district
with
a
population
of
less
than
50,000;
and
(
3)
a
small
organization
that
is
any
not­
for­
profit
enterprise
which
is
independently
owned
and
operated
and
is
not
dominant
in
its
field.
After
consideration
of
the
potential
economic
impacts
of
this
proposed
rule
on
small
entities,
it
has
been
determined
that
this
action
will
not
have
a
significant
economic
impact
on
an
substantial
number
of
small
entities.
The
change
proposed
by
this
rulemaking
is
to
require
affected
facilities
to
report
their
NAICS
rather
than
their
SIC
code,
except
for
the
first
year
of
implementation
when
both
the
SIC
and
the
NAICS
codes
will
be
reported.
In
the
first
year,
the
additional
burden
of
reporting
both
SIC
and
NAICS
codes
is
negligible
considering
that
the
SIC
code
is
readily
available
from
previous
reporting
forms
submitted
by
the
facility
and
that
facilities
are
already
using
the
NAICS
code
in
other
government
data
collection
exercises.
In
subsequent
years,
the
net
burden
on
small
entities
should
be
zero
as
the
NAICS
code
replaces
the
SIC
code
on
the
reporting
forms.
We
welcome
comments
on
issues
related
to
potential
impacts
of
the
proposed
rule
on
small
entities.

D.
Unfunded
Mandates
Reform
Act
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA),
Public
Law
104
 
4,
establishes
requirements
for
Federal
agencies
to
assess
the
effects
of
their
regulatory
actions
on
State,
local,
and
tribal
governments
and
the
private
sector.
Under
section
202
of
the
UMRA,
EPA
generally
must
prepare
a
written
statement,
including
a
cost­
benefit
analysis,
for
proposed
and
final
rules
with
``
Federal
mandates''
that
may
result
in
expenditures
to
State,
local,
and
tribal
governments,
in
the
aggregate,
or
to
the
private
sector,
of
$
100
million
or
more
in
any
one
year.
Before
promulgating
an
EPA
rule
for
which
a
written
statement
is
needed,
section
205
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2003
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Proposed
Rules
of
the
UMRA
generally
requires
EPA
to
identify
and
consider
a
reasonable
number
of
regulatory
alternatives
and
adopt
the
least
costly,
most
costeffective
or
least
burdensome
alternative
that
achieves
the
objectives
of
the
rule.
The
provisions
of
section
205
do
not
apply
when
they
are
inconsistent
with
applicable
law.
Moreover,
section
205
allows
EPA
to
adopt
an
alternative
other
than
the
least
costly,
most
cost­
effective
or
least
burdensome
alternative
if
the
Administrator
publishes
with
the
final
rule
an
explanation
why
that
alternative
was
not
adopted.
Before
EPA
establishes
any
regulatory
requirements
that
may
significantly
or
uniquely
affect
small
governments,
including
tribal
governments,
it
must
have
developed
under
section
203
of
the
UMRA
a
small
government
agency
plan.
The
plan
must
provide
for
notifying
potentially
affected
small
governments,
enabling
officials
of
affected
small
governments
to
have
meaningful
and
timely
input
in
the
development
of
EPA
regulatory
proposals
with
significant
Federal
intergovernmental
mandates,
and
informing,
educating,
and
advising
small
governments
on
compliance
with
the
regulatory
requirements.
EPA
has
determined
that
this
proposed
rule
does
not
contain
a
Federal
mandate
that
may
result
in
expenditures
of
$
100
million
or
more
for
State,
local,
and
tribal
governments,
in
the
aggregate,
or
the
private
sector
in
any
one
year.
As
discussed
in
Section
VI
above,
EPA
believes
that
affected
facilities
already
are
or
should
be
familiar
with
their
NAICS
codes
from
other
activities,
including
reporting
to
other
governmental
authorities.
Provision
of
the
NAICS
code
in
addition
to,
or
in
lieu
of,
the
SIC
code
is
expected
to
impose
negligible
incremental
burden
on
affected
facilities.
Thus,
today's
rule
is
not
subject
to
the
requirements
of
sections
202
and
205
of
the
UMRA.

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

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

G.
Executive
Order
13211,
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
This
rule
is
not
subject
to
Executive
Order
13211,
``
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use''
(
66
FR
28355
(
May
22,
2001))
because
it
is
not
a
significant
regulatory
action
under
Executive
Order
12866.
H.
Executive
Order
13045,
Protection
of
Children
From
Environmental
Health
Risks
and
Safety
Risks
Executive
Order
13045:
``
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks''
(
62
FR
19885,
April
23,
1997)
applies
to
any
rule
that:
(
1)
Is
determined
to
be
``
economically
significant''
as
defined
under
Executive
Order
12866,
and
(
2)
concerns
an
environmental
health
or
safety
risk
that
EPA
has
reason
to
believe
may
have
a
disproportionate
effect
on
children.
If
the
regulatory
action
meets
both
criteria,
the
Agency
must
evaluate
the
environmental
health
or
safety
effects
of
the
planned
rule
on
children,
and
explain
why
the
planned
regulation
is
preferable
to
other
potentially
effective
and
reasonably
feasible
alternatives
considered
by
the
Agency.
This
proposed
rule
is
not
subject
to
the
Executive
Order
because
it
is
not
economically
significant
as
defined
in
Executive
Order
12866,
and
because
the
Agency
does
not
have
reason
to
believe
the
environmental
health
or
safety
risks
addressed
by
this
action
present
a
disproportionate
risk
to
children.

I.
National
Technology
Transfer
and
Advancement
Act
Section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(
NTTAA)
(
15
U.
S.
C.
272
note),
directs
EPA
to
used
voluntary
consensus
standards
in
its
regulatory
activities
unless
to
do
so
would
be
inconsistent
with
applicable
law
or
otherwise
impractical.
Voluntary
consensus
standards
are
technical
standards
(
e.
g.,
materials
specifications,
test
methods,
sampling
procedures,
etc.)
that
are
developed
or
adopted
by
voluntary
consensus
standards
bodies.
The
NTTAA
directs
EPA
to
provide
Congress,
through
OMB,
explanations
when
the
Agency
decides
not
to
use
available
and
applicable
voluntary
consensus
standards.
EPA
recognizes
that
NAICS,
like
SIC,
is
a
standard
that
was
developed
by
OMB
primarily
as
a
means
to
collect
and
organize
industrial
statistics
for
the
federal
government.
However,
EPA
has
not
identified
an
alternative
voluntary
consensus
standard
for
defining
industry
classifications.
Even
if
one
exists,
EPA
believes
it
would
be
impractical
to
use
such
a
standard
for
reporting
purposes
under
section
313
of
EPCRA
and
section
6607
of
the
PPA.
One
of
the
reasons
for
switching
from
SIC
to
NAICS
is
to
maintain
consistency
within
EPA
and
among
other
government
agencies
in
the
way
that
industry­
specific
data
is
collected,
organized
and
made
available
to
the
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/
Vol.
68,
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55
/
Friday,
March
21,
2003
/
Proposed
Rules
public
in
various
databases
and
publications.
Moreover,
although
NAICS
is
based
on
a
different
organizing
principle
than
SIC,
the
two
classification
systems
share
many
similarities.
Industry
has
had
several
decades
to
become
familiar
with
SIC
so
the
transition
to
NAICS
as
opposed
to
an
alternative
industry
classification
system
should
be
more
efficient
and
less
burdensome.
Therefore,
EPA
believes
it
is
appropriate
to
use
NAICS
codes
for
purposes
of
section
313
reporting.

List
of
Subjects
in
40
CFR
Part
372
Environmental
protection,
Community
right­
to­
know,
Reporting
and
recordkeeping
requirements,
Toxic
chemicals.

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

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

PART
372
 
[
AMENDED]

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

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

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

§
372.3
Definitions.

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

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

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

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

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

(
b)
NAICS
codes
that
correspond
to
SIC
codes
20
through
39
Subsector
code
or
industry
code
Exceptions
and/
or
limitations
311
........................................................
Except
311119
 
Exception
is
limited
to
facilities
primarily
engaged
in
Custom
Grain
Grinding
for
Animal
Feed
(
previously
classified
under
SIC
0723,
Crop
Preparation
Services
for
Market,
Except
Cotton
Ginning);
Except
311330
 
Exeception
is
limited
to
facilities
primarily
engaged
in
the
retail
sale
of
candy,
nuts,
popcorn
and
other
confections
not
for
immediate
consumption
made
on
the
premises
(
previously
classified
under
SIC
5441,
Candy,
Nut,
and
Confectionery
Stores):
Except
311340
 
Exception
is
limited
to
facilities
primarily
engaged
in
the
retail
sale
of
candy,
nuts,
popcorn
and
other
confections
not
for
immediate
consumption
made
on
the
premises
(
previously
classified
under
SIC
5441,
Candy,
Nut,
and
Confectionery
Stores);
Except
311811
 
Retail
Bakeries
(
previously
classified
under
SIC
5461,
Retail
Bakeries);

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/
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68,
No.
55
/
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March
21,
2003
/
Proposed
Rules
Subsector
code
or
industry
code
Exceptions
and/
or
limitations
Except
311611
 
Exception
is
limited
to
facilities
primarily
engaged
in
Custom
Slaughtering
for
individuals
(
previously
classified
under
SIC
0751,
Livestock
Services,
Except
Veterinary,
Slaughtering,
custom
for
individuals);
Except
311612
 
Exception
is
limited
to
facilities
primarily
engaged
in
the
cutting
up
and
resale
of
purchased
fresh
carcasses
for
the
trade
(
including
boxed
beef),
and
in
the
wholesale
distribution
of
fresh,
cured,
and
processed
(
but
not
canned)
meats
and
lard
(
previously
classified
under
SIC
5147,
Meats
and
Meat
Products);
312
........................................................
Except
312229
 
Exception
is
limited
to
facilities
primarily
engaged
in
providing
Tobacco
Sheeting
Services
(
previously
classified
under
SIC
7389,
Business
Services,
NEC);
313
........................................................
Except
313311
 
Exception
is
limited
to
facilities
primarily
engaged
in
converting
broadwoven
piece
goods
and
broadwoven
textiles,
(
previously
classified
under
SIC
5131,
Piece
Goods
Notions,
and
Other
Dry
Goods,
broadwoven
and
non­
broadwoven
piece
good
converters),
and
facilities
primarily
engaged
in
sponging
fabric
for
tailors
and
dressmakers
(
previously
classified
under
SIC
7389,
Business
Services,
NEC
(
Sponging
fabric
for
tailors
and
dressmakers));
Except
313312
 
Exception
is
limited
to
facilities
primarily
engaged
in
converting
narrow
woven
Textiles,
and
narrow
woven
piece
goods,
(
previously
classified
under
SIC
5131,
Piece
Goods
Notions,
and
Other
Dry
Goods,
converters,
except
broadwoven
fabric);
314
........................................................
Except
314121
 
Exception
is
limited
to
facilities
primarily
engaged
in
making
Custom
drapery
for
retail
sale
(
previously
classified
under
SIC
5714,
Drapery,
Curtain,
and
Upholstery
Stores);
Except
314129
 
Exception
is
limited
to
facilities
primarily
engaged
in
making
Custom
slipcovers
for
retail
sale
(
previously
classified
under
SIC
5714,
Drapery,
Curtain,
and
Upholstery
Stores);
Except
314999
 
Exception
is
limited
to
facilities
primarily
engaged
in
Binding
carpets
and
rugs
for
the
trade,
Carpet
cutting
and
binding,
and
Embroidering
on
textile
products
(
except
apparel)
for
the
trade
(
previously
classified
under
SIC
7389,
Business
Services
Not
Elsewhere
Classified,
Embroidering
of
advertising
on
shirts
and
Rug
binding
for
the
trade);
315
........................................................
Except
315222
 
Exception
is
limited
to
custom
tailors
primarily
engaged
in
making
and
selling
men's
and
boys'
suits,
cut
and
sewn
from
purchased
fabric
(
previously
classified
under
SIC
5699,
Miscellaneous
Apparel
and
Accessory
Stores
(
custom
tailors));
Except
315223
 
Exception
is
limited
to
custom
tailors
primarily
engaged
in
making
and
selling
men's
and
boys'
dress
shirts,
cut
and
sewn
from
purchased
fabric
(
previously
classified
under
SIC
5699,
Miscellaneous
Apparel
and
Accessory
Stores
(
custom
tailors));
Except
315233
 
Exception
is
limited
to
custom
tailors
primarily
engaged
in
making
and
selling
bridal
dresses
or
gowns,
or
women's,
misses'
and
girls'
dresses
cut
and
sewn
from
purchased
fabric
(
except
apparel
contractors)(
dressmakers)
(
previously
classified
under
SIC
Code
5699,
Miscellaneous
Apparel
and
Accessory
Stores);
316
321
322
323
........................................................
Except
323114
 
Exception
is
limited
to
facilities
primarily
engaged
in
reproducing
text,
drawings,
plans,
maps,
or
other
copy,
by
blueprinting,
photocopying,
mimeographing,
or
other
methods
of
duplication
other
than
printing
or
microfilming
(
i.
e.,
instant
printing)
(
previously
classified
under
SIC
7334,
Photocopying
and
Duplicating
Services,
(
instant
printing));
324
325
........................................................
Except
325998
 
Exception
is
limited
to
facilities
primarily
engaged
in
Aerosol
can
filling
on
a
job
order
or
contract
basis
(
previously
classified
under
SIC
7389,
Business
Services,
NEC
(
aerosol
packaging
326
........................................................
Except
326212
 
Tire
Retreading,
(
previously
classified
under
SIC
7534,
Tire
Retreading
and
Repair
Shops
(
rebuilding));
331
332
333
334
........................................................
Except
334611
 
Software
Reproducing
(
previously
classified
under
SIC
7372,
Prepackaged
Software,
(
reproduction
of
software));
Except
334612
 
Exception
is
limited
to
facilities
primarily
engaged
in
mass
reproducing
prerecorded
Video
cassettes,
and
mass
reproducing
Video
tape
or
disk
(
previously
classified
under
SIC
7819,
Services
Allied
to
Motion
Picture
Production
(
reproduction
of
Video));
335
........................................................
Except
335312
 
Exception
is
limited
to
facilities
primarily
engaged
in
armature
rewinding
on
a
factory
basis
(
previously
classified
under
SIC
7694
(
Armature
Rewinding
Shops
(
remanufacturing));
336
337
........................................................
Except
337110
 
Exception
is
limited
to
facilities
primarily
engaged
in
the
retail
sale
of
household
furniture
and
that
manufacture
custom
wood
kitchen
cabinets
and
counter
tops
(
previously
classified
under
SIC
5712,
Furniture
Stores
(
custom
wood
cabinets));
Except
337121
 
Exception
is
limited
to
facilities
primarily
engaged
in
the
retail
sale
of
household
furniture
and
that
manufacture
custom
made
upholstered
household
furniture
(
previously
classified
under
SIC
5712,
Furniture
Stores
(
upholstered,
custom
made
furniture));
Except
337122
 
Exception
is
limited
to
facilities
primarily
engaged
in
the
retail
sale
of
household
furniture
and
that
manufacture
nonupholstered,
household
type,
custom
wood
furniture
(
previously
classified
under
SIC
5712,
Furniture
Stores
(
custom
made
wood
nonupholstered
household
furniture
except
cabinets));
339
........................................................
Except
339115
 
Exception
is
limited
to
lens
grinding
facilities
that
are
primarily
engaged
in
the
retail
sale
of
eyeglasses
and
contact
lenses
to
prescription
for
individuals
(
previously
classified
under
SIC
5995,
Optical
Goods
Stores
(
optical
laboratories
grinding
of
lenses
to
prescription));
Except
339116
 
Dental
Laboratories
(
previously
classified
under
SIC
8072,
Dental
Laboratories);

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/
Vol.
68,
No.
55
/
Friday,
March
21,
2003
/
Proposed
Rules
Subsector
code
or
industry
code
Exceptions
and/
or
limitations
111998
..................................................
Limited
to
facilities
primarily
engaged
in
reducing
maple
sap
to
maple
syrup
(
previously
classified
under
SIC
2099,
Food
Preparations,
NEC,
Reducing
Maple
Sap
to
Maple
Syrup);
211112
..................................................
Limited
to
facilities
that
recover
sulfur
from
natural
gas
(
previously
classified
under
SIC
2819,
Industrial
Inorganic
Chemicals,
NEC
(
recovering
sulfur
from
natural
gas));
212111
212112
212113
212324
..................................................
Limited
to
facilities
operating
without
a
mine
or
quarry
and
that
are
primarily
engaged
in
beneficiating
kaolin
and
clay
(
previously
classified
under
SIC
3295,
Minerals
and
Earths,
Ground
or
Otherwise
Treated
(
grinding,
washing,
separating,
etc.
of
minerals
in
SIC
1455));
212325
..................................................
Limited
to
facilities
operating
without
a
mine
or
quarry
and
that
are
primarily
engaged
in
beneficiating
clay
and
ceramic
and
refractory
minerals
(
previously
classified
under
SIC
3295,
Minerals
and
Earths,
Ground
or
Otherwise
Treated
(
grinding,
washing,
separating,
etc.
of
minerals
in
SIC
1459));
212393
..................................................
Limited
to
facilities
operating
without
a
mine
or
quarry
and
that
are
primarily
engaged
in
beneficiating
chemical
or
fertilizer
mineral
raw
materials
(
previously
classified
under
SIC
3295,
Minerals
and
Earths,
Ground
or
Otherwise
Treated
(
grinding,
washing,
separating,
etc.
of
minerals
in
SIC
1479));
212399
..................................................
Limited
to
facilities
operating
without
a
mine
or
quarry
and
that
are
primarily
engaged
in
beneficiating
nonmetallic
minerals
(
previously
classified
under
SIC
3295,
Minerals
and
Earths,
Ground
or
Otherwise
Treated
(
grinding,
washing,
separating,
etc.
of
minerals
in
SIC
1499));
488390
..................................................
Limited
to
facilities
that
are
primarily
engaged
in
providing
routine
repair
and
maintenance
of
ships
and
boats
from
floating
drydocks
(
previously
classified
under
SIC
3731,
Shipbuilding
and
Repairing
(
floating
drydocks
not
associated
with
a
shipyard));
511110
511120
511130
511140
..................................................
Except
facilities
that
are
primarily
engaged
in
furnishing
services
for
direct
mail
advertising
including
Address
list
compilers,
Address
list
publishers,
Address
list
publishers
and
printing
combined,
Address
list
publishing,
Business
directory
publishers,
Catalog
of
collections
publishers,
Catalog
of
collections
publishers
and
printing
combined,
Mailing
list
compilers,
Directory
compilers,
and
Mailing
list
compiling
services
(
previously
classified
under
SIC
7331,
Direct
Mail
Advertising
Services
(
mailing
list
compilers));
511191
511199
512220
512230
..................................................
Except
facilities
primarily
engaged
in
Music
copyright
authorizing
use,
Music
copyright
buying
and
licensing
and
Music
publishers
working
on
their
own
account
(
previously
classified
under
SIC
8999,
Services,
NEC
(
music
publishing));
541710
..................................................
Limited
to
facilities
that
are
primarily
engaged
in
Guided
missile
and
space
vehicle
engine
research
and
development
(
previously
classified
under
SIC
3764,
Guided
Missile
and
Space
Vehicle
Propulsion
Units
and
Propulsion
Unit
Parts),
and
in
Guided
missile
and
space
vehicle
parts
(
except
engines)
research
and
development
(
previously
classified
under
SIC
3769,
Guided
Missile
and
Space
Vehicle
Parts
and
Auxiliary
Equipment,
Not
Elsewhere
Classified);
811490
..................................................
Limied
to
facilities
that
are
primarily
engaged
in
repairing
and
servicing
pleasure
and
sail
boats
without
retailing
new
boats
(
previously
classified
under
SIC
3732,
Boat
Building
and
Repairing
(
pleasure
boat
building);

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

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

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Federal
Register
/
Vol.
68,
No.
55
/
Friday,
March
21,
2003
/
Proposed
Rules
Subsector
or
industry
code
Exceptions
and/
or
limitations
221122
..................................................
Limited
to
facilities
that
combust
coal
and/
or
oil
for
the
purpose
of
generating
power
for
distribution
in
commerce.
422690
422710
562112
..................................................
Limited
to
facilities
primarily
engaged
in
solvent
recovery
services
on
a
contract
or
fee
basis
(
previously
classified
under
SIC
7389,
Business
Services,
NEC);
562211
..................................................
Limited
to
facilities
regulated
under
the
Resource
Conservation
and
Recovery
Act,
subtitle
C,
42
U.
S.
C.
6921
et
seq.
562212
..................................................
Limited
to
facilities
regulated
under
the
Resource
Conservation
and
Recovery
Act,
subtitle
C,
42
U.
S.
C.
6921
et
seq.
562213
..................................................
Limited
to
facilities
regulated
under
the
Resource
Conservation
and
Recovery
Act,
subtitle
C,
42
U.
S.
C.
6921
et
seq.
562219
..................................................
Limited
to
facilities
regulated
under
the
Resource
Conservation
and
Recovery
Act,
subtitle
C,
42
U.
S.
C.
6921
et
seq.
562920
..................................................
Limited
to
facilities
regulated
under
the
Resource
Conservation
and
Recovery
Act,
subtitle
C,
42
U.
S.
C.
6921
et
seq.

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

§
372.38
Exemptions.

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

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

§
372.85
Toxic
chemical
release
reporting
form
and
instructions.

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

§
372.95
Alternate
threshold
certification
and
instructions.

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

[
FR
Doc.
03
 
6582
Filed
3
 
20
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
M
DEPARTMENT
OF
TRANSPORTATION
National
Highway
Traffic
Safety
Administration
49
CFR
Part
544
[
Docket
No.:
NHTSA
 
2003
 
14372]

RIN
2127
 
AJ01
Insurer
Reporting
Requirements;
List
of
Insurers
Required
To
File
Reports
AGENCY:
National
Highway
Traffic
Safety
Administration
(
NHTSA),
Department
of
Transportation
(
DOT).
ACTION:
Notice
of
proposed
rulemaking.

SUMMARY:
This
document
proposes
to
revise
Appendices
A,
B,
and
C
of
49
CFR
part
544,
insurer
reporting
requirements.
The
appendices
list
those
passenger
motor
vehicle
insurers
that
are
required
to
file
reports
on
their
motor
vehicle
theft
loss
experiences.
An
insurer
included
in
any
of
these
appendices
would
be
required
to
file
three
copies
of
its
report
for
the
2000
calendar
year
before
October
25,
2003.
If
the
passenger
motor
vehicle
insurers
remain
listed,
they
must
submit
reports
by
each
subsequent
October
25.
DATES:
Comments
must
be
submitted
not
later
than
May
20,
2003.
Insurers
listed
in
the
appendices
are
required
to
submit
reports
on
or
before
October
25,
2003.
ADDRESSES:
Comments
on
this
proposed
rule
must
refer
to
the
docket
number
referenced
in
the
heading
of
this
notice.
Submit
your
comments
in
writing
to:
Docket
Section,
NHTSA,
Room
5109,
400
Seventh
Street,
SW.,
Washington,
DC
20590.
You
may
also
submit
written
comments
to
the
docket
on
a
computer
diskette.
Comments
may
also
be
submitted
to
the
docket
electronically
by
logging
onto
the
Dockets
Management
System
Web
site
at
http:/
/
dms.
dot.
gov.
You
may
visit
the
Docket
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