1 

### Franklin, Kathy

From: Leason, Chris S. <CSL@gknet.com>

Sent: Friday, April 01, 2016 10:59 AM

To: Belke, Jim

Cc: Franklin, Kathy; Averback, Jonathan

Subject: RE: RMP Program 3 Applicability Based on NAICS Code



### Jim

Thank you for your prompt response. Good hearing from you.

You may also want to look at page ii of the March 2014 EPA RMP *eSubmit Users’ Manual (EPA 540-B-14-

001), which references the incorporation of the 2012 NAICS Codes. Since I don’t have access to the eSubmit

program, I don’t know if the 2012 Codes were incorporated for purposes of assessing Program 1 applicability.

Chris

From: Belke, Jim [mailto:Belke.Jim@epa.gov]

Sent: Friday, April 01, 2016 6:47 AM

To: Leason, Chris S.

Cc: Franklin, Kathy; Averback, Jonathan

Subject: RE: RMP Program 3 Applicability Based on NAICS Code

Hi Chris,

I am not sure why the proposal makes reference to the 2002 version of the NAICS codes

– that could be an error and

we’ll have to look into it further. The P3 NAICS code list in the current version of 40 CFR part 68 is still based on the

original (1997) list of NAICS codes. However, I’ll note that if it’s an error, it’s not too significant because the 10 NAICS

codes listed for P3 did not change with the 2002 NAICS code update. Also, the reference to the 2002 NAICS listing

probably makes it easier for a user to compare the original NAICS to the corresponding codes used for that industry in

the 2007 and 2012 updates. You have probably already figured this out, but if you go to the NAICS section of the Census

Bureau website, and look at the 2012 NAICS definition for a particular six

‐ digit code, it will show a table of what the

corresponding code was for the 2007 and 2002 variants, but for some reason it doesn’t show the equivalent 1997 NAICS

code in the table. Nevertheless, I can see how one could get confused by the proposal’s reference to the 2002 NAICS

listing. We’ll have to give that some more thought, but the short answer is that sulfuric acid manufacturing is still P3

(assuming the process doesn’t qualify for P1), because its current (2012) NAICS code equates to one of the designated

(1997) P3 NAICS codes listed in part 68.

Jim Belke

From: Leason, Chris S. [mailto:CSL@gknet.com]

Sent: Thursday, March 31, 2016 6:17 PM

To: Averback, Jonathan < Averback.Jonathan@epa.gov >; Belke, Jim < Belke.Jim@epa.gov >

Subject: RMP Program 3 Applicability Based on NAICS Code



### Jonathan and Jim:

I am not sure where this question should be addressed, so I thought I would ask both of you. We have a client

with a sulfuric acid manufacturing process. As you know, both sulfur di oxide (anhydrous, threshold quantity of

10,000 lbs.) and sulfur trioxide (thres hold quantity of 10,000 lbs.) are identified as regulated toxic substances2 

### for Risk Management Program (RMP) purposes. The RMP rule sets forth three “pro gram” levels. Program 3

eligibility is based on whether the co vered process (1) is in a designated North American Industry Classification

System (NAICS) Code, or (2) subject to OSHA 's Process Safety Management Standard. 40 C.F.R. §

68.10(d). Sulfuric acid manufactur ing is identified in the 2012 NAICS as 325180 (Other Basic Inorganic

Chemical Manufacturing). However, prior to this, sulf uric acid manufacturing was identified in NAICS Code

325188 (All Other Basic Inorganic Chemical Manufacturin g). As part of the 2012 NAICS revisions, NAICS

Codes 325181 and 325188 were combined into NAICS Code 325180, and Code 325188 no longer appears in

the 2012 NAICS.

NAICS Code 325188 is identified in § 68.10(d)(1) as a re levant Code for RMP Program 3 eligibility (Code

325181 is as well, although not relevant to this inquiry), but the regula tions do not reference the relevant

NAICS to be used. Although EPA has not revised (or pr oposed to revise) the NAICS Codes listed in 40 C.F.R.

§ 68.10(d)(1) for Program 3 applicability, EPA states in a recent publication of proposed revisions to the RMP

that "Program 3 applies to processe s not eligible for Program 1 and eith er subject to OSHA's PSM Standard

under Federal or state OSHA programs or classified in one of ten specified i ndustry sectors by their 2002

NAICS codes listed at § 68.10(d)(1)." 81 Fed. Re g. 13,638, 13,645 (Mar. 14, 2016). The reference to the use

of the 2002 NAICS Codes, when the RMP rule was orig inally promulgated in 1999, is confusing. If EPA

envisions keeping evergreen the list of NAICS Codes for Program 3 eligib ility, then the 2012 NAICS should be

used, not the 2002 NAICS.

We note that another reference suggests that EPA ha s adopted the use of the 2012 NAICS. Specifically, the

RMP*eSubmit User’s Manual states that the “2012 vers ion of the North American Industry Classification

System (NAICS) codes has been inte grated into RMP*eSubmit.” I do not have a RMP*eSubmit account, so it

is unclear whether the “integrati on” of the 2012 NAICS Codes in RMP* eSubmit addresses the issue.

Could you let me know what version of the NAICS s hould be used to evaluate Program 3 applicability under 40

C.F.R. § 68.10(d)(1)?

Thank you

Chris

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