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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 dioxide (anhydrous, threshold quantity of 

10,000 lbs.) and sulfur trioxide (threshold quantity of 10,000 lbs.) are identified as regulated toxic substances 
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for Risk Management Program (RMP) purposes. The RMP rule sets forth three “program” levels. Program 3 

eligibility is based on whether the covered 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 manufacturing is identified in the 2012 NAICS as 325180 (Other Basic Inorganic 

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

325188 (All Other Basic Inorganic Chemical Manufacturing). 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 relevant Code for RMP Program 3 eligibility (Code 

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

NAICS to be used. Although EPA has not revised (or proposed 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 processes not eligible for Program 1 and either subject to OSHA's PSM Standard 

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

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

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

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

used, not the 2002 NAICS. 

  

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

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

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

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

  

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

C.F.R. § 68.10(d)(1)?

  

Thank you

  

Chris

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