43772 Federal Register / Vol. 87, No. 140 / Friday, July 22, 2022 / Proposed Rules 

tribe for the purposes of Executive 

Order 13175, but would not impose 

substantial direct costs upon the tribes, 

nor would it preempt tribal law. A tribe 

that is part of a Marginal nonattainment 

area that is reclassified Moderate is not 

required to submit a TIP revision to 

address new Moderate area 

requirements. However, if the EPA 

finalizes the determination of failure to 

attain proposed in this action, the 

nonattainment new source review major 

source threshold and offset 

requirements would change for 

stationary sources seeking 

preconstruction permits in any 

nonattainment areas newly reclassified 

as Moderate, including on tribal lands 

within these nonattainment areas. 

In a letter dated July 16, 2021, the 

EPA invited the Las Vegas Tribe of 

Paiute Indians of the Las Vegas Indian 

Colony to consult on our evaluation and 

determination of whether the Las Vegas 

nonattainment area attained or failed to 

attain by its Marginal area attainment 

date. The EPA intends to notify the Las 

Vegas Tribe of Paiute Indians of the Las 

Vegas Indian Colony of this proposed 

action and we will initiate governmentto-government consultation if requested. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed action is not subject to 

Executive Order 13211 (66 FR 28355, 

May 22, 2001) because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

Executive Order (E.O.) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. Upon 

review, the EPA did not identify any 

particular facts or circumstances that 

would indicate this action will have 

potential disproportionately high and 

adverse human health or environmental 

effects on minority, low-income, or 

indigenous populations. 

Furthermore, with respect to the 

determinations of whether areas have 

attained the NAAQS by the attainment 

date, the EPA has no discretionary 

authority to address environmental 

justice in these determinations. The 

CAA directs that within 6 months 

following the applicable attainment 

date, the Administrator shall determine, 

based on the area’s design value as of 

the attainment date, whether the area 

attained the standard by that date. CAA 

section 181(b)(2)(A). Except for any 

Severe or Extreme area, any area that the 

Administrator finds has not attained the 

standard by that date shall be 

reclassified by operation of law to either 

the next higher classification or the 

classification applicable to the area’s 

design value. 

List of Subjects 

40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Designations and 

classifications, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Reporting and 

recordkeeping requirements and 

Volatile organic compounds. 

40 CFR Part 81 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Designations and 

classifications, Intergovernmental 

relations, Nitrogen oxides, Ozone, 

Reporting and recordkeeping 

requirements, and Volatile organic 

compounds. 

Dated: July 16, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2022–15674 Filed 7–21–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 372 

[EPA–HQ–OPPT–2022–0387; FRL–9529–01– 

OCSPP] 

RIN 2070–AL09 

Community Right-To-Know; Adopting 

2022 North American Industry 

Classification System (NAICS) Codes 

for Toxics Release Inventory (TRI) 

Reporting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to update 

the list of North American Industry 

Classification System (NAICS) codes 

subject to reporting under the Toxics 

Release Inventory (TRI) to reflect the 

Office of Management and Budget 

(OMB) 2022 NAICS code revision. OMB 

updates the NAICS codes every five 

years. EPA currently uses 2017 NAICS 

codes and is proposing to implement 

the 2022 codes for TRI Reporting Year 

2022 (i.e., facilities reporting to TRI 

would be required to use 2022 NAICS 

codes on reports that are due to the 

Agency by July 1, 2023). The actual data 

required by a TRI form will not change 

as a result of this rulemaking, nor will 

the rule affect the universe of TRI 

reporting facilities that are required to 

submit reports to the Agency under the 

Emergency Planning and Community 

Right-to-Know Act (EPCRA). 

DATES: Comments must be received on 

or before September 20, 2022. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2022–0387, 

through the Federal eRulemaking Portal 

at https://www.regulations.gov. Follow 

the online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Additional 

instructions on commenting or visiting 

the docket, along with more information 

about dockets generally, is available at 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT:

For technical information contact: 

Rachel Dean, Data Collection Branch, 

Data Gathering and Analysis Division 

(Mailcode: 7406M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460; 

telephone number: (202) 566–1303; 

email address: dean.rachel@epa.gov. 


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Federal Register / Vol. 87, No. 140 / Friday, July 22, 2022 / Proposed Rules 43773 

For general information contact: The 

Emergency Planning and Community 

Right-to-Know Information Center; 

telephone number: (800) 424–9346 or 

(703) 348–5070 in the Washington, DC 

Area and International; website: https:// 

www.epa.gov/aboutepa/epa-hotlines. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you own or operate 

facilities that have 10 or more full-time 

employees or the equivalent of 20,000 

employee hours per year that 

manufacture, process, or otherwise use 

toxic chemicals listed on the TRI, and 

that are required under section 313 of 

EPCRA or section 6607 of the Pollution 

Prevention Act (PPA) to report annually 

to EPA and States or Tribes their 

environmental releases or other waste 

management quantities of covered 

chemicals. (A rule was published on 

April 19, 2012 (77 FR 23409; FRL– 

9660–9), requiring facilities located in 

Indian country to report to the 

appropriate tribal government official 

and EPA instead of to the state and 

EPA.) 

The following list of 2017 North 

American Industrial Classification 

System (NAICS) codes is not intended 

to be exhaustive, but rather provides a 

guide to help readers determine whether 

this document applies to them. 

Potentially affected entities may 

include: 

• Facilities included in the following 

NAICS manufacturing codes 

(corresponding to Standard Industrial 

Classification (SIC) codes 20 through 

39): 311*, 312*, 313*, 314*, 315*, 316, 

321, 322, 323*, 324, 325*, 326*, 327, 

331, 332, 333, 334*, 335*, 336, 337*, 

339*, 111998*, 113310, 211130* 

(corresponds to SIC 2819), 212324*, 

212325*, 212393*, 212399*, 488390*, 

511110, 511120, 511130, 511140*, 

511191, 511199, 512230*, 512250*, 

519130*, 541713*, 541715*, or 

811490*. 

(*Exceptions and/or limitations exist 

for these NAICS codes.) 

• Facilities included in the following 

NAICS manufacturing codes 

(corresponding to SIC codes other than 

20–39): 211130 (corresponds to SIC 

code 1321); or 212111, 212112, 212113, 

(corresponds to SIC code 12, Coal 

Mining (except 1241)); 212221, 212222, 

212230, 212299 (corresponds to SIC 

code 10, Metal Mining (except 1011, 

1081, and 1094)); or 22111*, 221121, 

221122, 221330 (limited to facilities that 

combust coal and/or oil for the purpose 

of generating power distribution in 

commerce) (corresponds to SIC codes 

4911, 4931, and 4939, Electric Utilities); 

or 424690, 425110, 425120 (limited to 

facilities previously classified in SIC 

code 5169, Chemicals and Allied 

Products, Not Elsewhere Classified); or 

424710 (corresponds to SIC code 5171, 

Petroleum Bulk Terminals and Plants); 

or 562112 (limited to facilities primarily 

engaged in solvent recovery services on 

a contract or fee basis (previously 

classified under SIC code 7389, 

Business Services, Not Elsewhere 

Classified)); or 562211, 562212, 562213, 

562219, 562920 (limited to facilities 

regulated under the Resource 

Conservation and Recovery Act, subtitle 

C, 42 U.S.C. 6921 et seq.) (corresponds 

to SIC code 4953, Refuse Systems). 

(*Exceptions and/or limitations exist 

for these NAICS codes.) 

• Federal facilities. 

If you have any questions regarding 

the applicability of this action to a 

particular entity, consult the technical 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

B. What is the Agency’s authority for 

taking this action? 

EPA is taking this action under 

EPCRA sections 313(g)(1) and 328, 42 

U.S.C. 11023(g)(1) and 11048. In 

general, EPCRA section 313 requires 

owners and operators of covered 

facilities in specified SIC codes that 

manufacture, process, or otherwise use 

listed toxic chemicals in amounts above 

specified threshold levels to report 

certain facility specific information 

about such chemicals, including the 

annual releases and other waste 

management quantities. EPCRA section 

313(g)(1) requires EPA to publish a 

uniform toxic chemical release form for 

these reporting purposes, and it also 

prescribes, in general terms, the types of 

information that must be submitted on 

the form. Congress also granted EPA 

broad rulemaking authority to allow the 

Agency to fully implement the statute. 

EPCRA section 328 authorizes EPA to 

‘‘prescribe such regulations as may be 

necessary to carry out this chapter.’’ 42 

U.S.C. 11048. 

C. Why is EPA taking this action? 

In the Federal Register of April 9, 

1997 (62 FR 17288), OMB published a 

final decision to adopt the NAICS 

economic classification system, 

replacing the Standard Industry 

Classification (SIC) system which had 

traditionally been used by the Federal 

Government for collecting and 

organizing industry-related statistics. 

Consistent with EPCRA section 313 and 

PPA section 6607, on June 6, 2006, EPA 

amended 40 CFR part 372 to change TRI 

reporting from requiring SIC codes to 

requiring NAICS codes (71 FR 32464; 

FRL–8180–2) (Ref. 1). This amendment 

to the regulation included the 2002 

NAICS codes for TRI reporting. OMB 

revises the NAICS codes every five 

years. Therefore, EPA subsequently 

updated the NAICS codes in: 

• June 9, 2008 (73 FR 32466; FRL– 

8577–1) to include the 2007 codes, 

• July 18, 2013 (78 FR 42875; FRL– 

9825–8) (Ref. 2) to include the 2012 

NAICS codes, 

• December 26, 2017 (82 FR 60906; 

FRL–9970–02) to include the 2017 

NAICS codes. 

In the Federal Register of December 

21, 2021, OMB announced updated 

NAICS codes for 2022 (86 FR 72277). In 

this document EPA is proposing to 

amend 40 CFR part 372 to reflect OMB’s 

updated 2022 NAICS codes. 

NAICS codes are used by EPA’s TRI 

program, which provides the ability to 

track releases and other waste 

management (among other information) 

of chemicals by a sector and/or facility 

basis. This detailed information is made 

public so that community members, 

industrial facilities, research 

organizations, and federal government 

can make informed decisions that 

impact human health and the 

environment. Also, comparative 

analysis by sector or facility can 

demonstrate the volume of a specific 

chemical released to air, water, and 

land. In addition, NAICS codes help 

provide a snapshot of pollution 

prevention efforts at each facility by 

demonstrating results of toxic emissions 

reductions across industry sectors. 

D. What action is the Agency taking? 

Given OMB’s revisions to the NAICS 

codes that became effective January 1, 

2022, EPA is proposing to amend 40 

CFR part 372 to update the 2022 NAICS 

codes for TRI reporting. In addition, 

EPA is proposing to include NAICS 

codes in 40 CFR part 372 for facilities 

that are covered under TRI’s SIC codes 

but had been inadvertently excluded in 

past TRI NAICS rulemakings. EPA is 

also proposing to update the CFR to 

account for the discretionary authority 

provision provided in EPCRA section 

313(b)(2) (42 U.S.C. 11023(b)(2)). 

1. NAICS Codes Updated To Conform 

With the 2022 NAICS Code 

Modifications 

Under this action, TRI reporting 

requirements would remain unchanged. 

However, due to the 2022 NAICS code 

modifications, some facilities will need 

to modify their reported NAICS codes as 

outlined in Table 1 in Unit I.D., which 

identifies only the revised TRI NAICS 


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reporting codes and is not an exhaustive 

list of all NAICS reporting codes subject 

to EPCRA section 313 and PPA section 

6607. Table 1 also includes notes where 

a 2022 NAICS code is the result of 

merging 2017 NAICS codes. In those 

cases, EPA is clarifying which subset of 

the 2022 NAICS code is covered by TRI. 

(Note that non-TRI-covered NAICS 

codes will not be listed in the table.) A 

complete listing of all TRI-covered 

facilities can be found in the regulations 

at 40 CFR 372.23. 

TABLE 1—MODIFIED TRI REPORTING NAICS CODES

2017 NAICS 

code 2017 NAICS and U.S. description 2022 NAICS code 2022 NAICS and U.S. description 

212111 Bituminous Coal and Lignite Surface Mining ............... 212114 Surface Coal Mining. 

212112 Bituminous Coal Underground Mining ......................... 212115 Underground Coal Mining. 

212113 Anthracite Mining—anthracite surface mining activity 212114 Surface Coal Mining. 

212113 Anthracite Mining—anthracite underground mining activity.212115 Underground Coal Mining. 

212221 Gold Ore Mining ........................................................... 212220 Gold Ore and Silver Ore Mining. 

212222 Silver Ore Mining .......................................................... ’’ ’’ 

212299 All Other Metal Ore Mining .......................................... 212290. Other Metal Ore Mining. 

This merges both TRI-covered and non-TRI-covered 

NAICS codes. Only 212299: All Other Metal Ore 

Mining was covered by TRI. TRI will note that only 

‘‘All Other Metal Ore Mining’’ facilities under NAICS 

code 212290 are required to report. 

212324 Kaolin and Ball Clay Mining ......................................... 212323 Kaolin, Clay, and Ceramic and Refractory Minerals 

Mining. 

212325 Clay and Ceramic and Refractory Minerals Mining ..... ’’ ’’ 

212393 Other Chemical and Fertilizer Mineral Mining ............. 212390 Other Nonmetallic Mineral Mining and Quarrying. 

212399 All Other Nonmetallic Mineral Mining ........................... ’’ ’’ 

This merges both TRI-covered and non-TRI-covered 

NAICS codes. Only 212393 and 212399 were covered by TRI. TRI will note that only ‘‘Other Chemical and Fertilizer Mineral Mining’’ and ‘‘All Other 

Nonmetallic Mineral Mining’’ facilities under NAICS 

code 212390 are required to report. 

315110 Hosiery and Sock Mills ................................................. 315120 Apparel Knitting Mills. 

315190 Other Apparel Knitting Mills ......................................... ’’ ’’ 

315220 Men’s and Boys’ Cut and Sew Apparel Manufacturing 315250 Cut and Sew Apparel Manufacturing (except Contractors). 

315240 Women’s, Girls’, and Infants’ Cut and Sew Apparel 

Manufacturing.

’’ ’’ 

315280 Other Cut and Sew Apparel Manufacturing ................. ’’ ’’ 

316992 Women’s Handbag and Purse Manufacturing ............. 316990 Other Leather and Allied Product Manufacturing. 

316998 All Other Leather Good and Allied Product Manufacturing.’’ ’’ 

321213 Engineered Wood Member (except Truss) Manufacturing.321215 Engineered Wood Member Manufacturing 

321214 Truss Manufacturing ..................................................... ’’ ’’ 

322121 Paper (except Newsprint) Mills .................................... 322120 Paper Mills. 

322122 Newsprint Mills ............................................................. ’’ ’’ 

325314 Fertilizer (Mixing Only) Manufacturing ......................... 325315, 

325314 

Compost Manufacturing Fertilizer (Mixing Only) Manufacturing. 

333244 Printing Machinery Equipment Manufacturing ............. 333248 All Other Industrial Machinery Manufacturing. 

333249 Other Industrial Machinery Manufacturing ................... ’’ ’’ 

333314 Optical Instrument and Lens Manufacturing ................ 333310 Commercial and Service Industry Machinery Manufacturing. 

333316 Photographic and Photocopying Equipment Manufacturing.’’ ’’ 

333318 Other Commercial and Service Industry Machinery 

Manufacturing.

’’ ’’ 

333997 Scale and Balance Manufacturing ............................... 333998 All Other Miscellaneous General Purpose Machinery 

Manufacturing. 

333999 All Other Miscellaneous General Purpose Machinery 

Manufacturing.

’’ ’’ 

334613 Blank Magnetic and Optical Recording Media Manufacturing.334610 Manufacturing and Reproducing Magnetic and Optical 

Media. 

334614 Software and Other Prerecorded Compact Disc, 

Tape, and Record Reproducing.

’’ ’’ 

335121 Residential Electric Lighting Fixture Manufacturing ..... 335131 Residential Electric Lighting Fixture Manufacturing. 

335122 Commercial, Industrial, and Institutional Electric Lighting Fixture Manufacturing.335132 Commercial, Industrial, and Institutional Electric Lighting Fixture Manufacturing. 

335110 Electric Lamp Bulb and Part Manufacturing ................ 335139 Electric Lamp Bulb and Other Lighting Equipment 

Manufacturing. 

335129 Other Lighting Equipment Manufacturing .................... ’’ ’’ 

335911 Storage Battery Manufacturing .................................... 335910 Battery Manufacturing. 

335912 Primary Battery Manufacturing ..................................... ’’ ’’ 


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TABLE 1—MODIFIED TRI REPORTING NAICS CODES—Continued 

2017 NAICS 

code 2017 NAICS and U.S. description 2022 NAICS code 2022 NAICS and U.S. description 

336111 Automobile Manufacturing ............................................ 336110 Automobile and Light Duty Motor Vehicle Manufacturing. 

336112 Light Truck and Utility Vehicle Manufacturing ............. ’’ ’’ 

337124 Metal Household Furniture Manufacturing ................... 337126 Household Furniture (except Wood and Upholstered) 

Manufacturing. 

337125 Household Furniture (except Wood and Metal) Manufacturing.’’ ’’ 

425110 Business to Business Electronic Markets .................... 425120 Wholesale Trade Agents and Brokers. 

511110 Newspaper Publishers ................................................. 513110 Newspaper Publishers. 

519130 Internet Publishing and Broadcasting and Web 

Search Portals—Internet Newspaper Publishers activity.

’’ ’’ 

511120 Periodical Publishers .................................................... 513120 Periodical Publishers. 

519130 Internet Publishing and Broadcasting and Web 

Search Portals—Internet Periodical Publishers activity.

’’ ’’ 

511130 Book Publishers ........................................................... 513130 Book Publishers. 

519130 Internet Publishing and Broadcasting and Web 

Search Portals—Internet Book Publishers activity.

’’ ’’ 

511140 Directory and Mailing List Publishers ........................... 513140 Directory and Mailing List Publishers. 

519130 Internet Publishing and Broadcasting and Web 

Search Portals—Internet Directory and Mailing List 

Publishers activity.

’’ ’’ 

511191 Greeting Card Publishers ............................................. 513191 Greeting Card Publishers. 

519130 Internet Publishing and Broadcasting and Web 

Search Portals for Internet Greeting Card Publishers activity.

’’ ’’ 

511199 All Other Publishers ..................................................... 513199 All Other Publishers. 

519130 Internet Publishing and Broadcasting and Web 

Search Portals for All other Internet Publishers activity.

’’ ’’ 

519130 Internet Publishing and Broadcasting and Web 

Search Portals—Internet Broadcasting activity.

516210 Media Streaming Distribution Services, Social Networks, and Other Media Networks and Content 

Providers. 

This merges both TRI-covered and non-TRI-covered 

NAICS codes. Only 519130: Internet Publishing 

and Broadcasting and Web Search Portals was 

covered by TRI. TRI will note that only certain 

‘‘Internet Broadcasting’’ facilities under NAICS code 

516210 are required to report. 

519130 Internet Publishing and Broadcasting and Web 

Search Portals—Web Search Portals activity.

519290 Web Search Portals and All Other Information Services. 

This merges both TRI-covered and non-TRI-covered 

NAICS codes. Only 519130: Internet Publishing 

and Broadcasting and Web Search Portals was 

covered by TRI. TRI will note that only certain 

‘‘Web Search Portals’’ facilities under NAICS code 

519290 are required to report. 

2. Listing of Certain NAICS Codes in the 

Utilities Industry Sector 

Additionally, facilities included in 

the following NAICS manufacturing 

codes will be listed at 40 CFR 372.23 

and will be subject to TRI reporting 

requirements (see 40 CFR part 372— 

[AMENDED]): 221114—Solar Electric 

Power Generation; 221115—Wind 

Electric Power Generation; 221116— 

Geothermal Electric Power Generation; 

and 221117—Biomass Electric Power 

Generation). In 1997, when EPA added 

the electric utility industry sector to the 

scope of the TRI, the Agency qualified 

the addition to include all facilities 

which ‘‘burn any quantity of coal or oil 

to generate power for distribution in 

commerce.’’ (62 FR 23834, May 1, 1997; 

FRL–5578–3) (Ref. 3). Further, the 

Agency clearly stated that this addition 

includes any facility classified under 

SIC codes 4911, 4931, or 4939 that 

combusts coal and/or oil for the purpose 

of generating power for distribution in 

commerce. EPA clearly stated that this 

coverage includes a facility that burns 

‘‘any quantity’’ of coal or oil to generate 

power for distribution in commerce, 

noting examples where a facility might 

burn coal or oil for purposes other than 

distribution in commerce and thus not 

fit the qualifier provided for the 

industry sector. (62 FR 23834, 23863) 

(Ref. 3). 

The 2007 NAICS to 2012 NAICS 

revision split NAICS 221119 (a NAICS 

code at the time covered by TRI due to 

its crosswalk to SIC codes 4911, 4931, 

and 4939) into multiple codes (i.e., 

221114, 221115, 221116, 221117, and 

221118). When EPA updated the set of 

2007 NAICS codes used by TRI to 

conform to the 2012 NAICS revision, the 

Agency listed only 221118, neglecting to 

include 221114, 221115, 221116, and 

221117. (78 FR 42875) (Ref. 2). 

However, as provided by the 1997 rule 

that included electricity generating 

facilities that combust coal and/or oil 

for the purpose of generating power for 

distribution in commerce, these NAICS 

codes should have been included in the 


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CFR. Further, because the CFR lists SIC 

codes 4911, 4931, and 4939 as being 

regulated by TRI, facilities in NAICS 

codes 221114, 221115, 221116, and 

221117 would be regulated by TRI 

should they combust coal and/or oil for 

the purpose of generating power for 

distribution in commerce despite the 

Agency’s oversight in terms of failing to 

list these NAICS codes in the CFR. 

Therefore, facilities identifying with 

these NAICS codes (i.e., 221114, 

221115, 22116, and 221117) are covered 

under TRI reporting regulation and EPA 

proposes to address its previous 

oversight by adding these NAICS codes 

to 40 CFR 372.23. Similarly, in the 2006 

rule to include NAICS codes in the 

regulations for TRI, EPA neglected to 

include NAICS code 221210. SIC codes 

4931 and 4939 are covered TRI 

reporting codes (40 CFR 372.23(b), 62 

FR 23834). Both of these SIC codes 

crosswalk to multiple NAICS codes 

which are listed on the CFR, except for 

221210. EPA acknowledges it was an 

oversight not to include 221210 in the 

2006 rule adopting NAICS codes for TRI 

reporting (71 FR 32464) (Ref. 1) and 

proposes to add 221210 to 40 CFR 

372.23 for this NAICS update rule. 

Crosswalk tables between all 2017 

NAICS codes and 2022 NAICS codes 

can be found on the internet at https:// 

www.census.gov/naics/. 

3. Updates to 40 CFR Part 372 To 

Accommodate EPCRA Section 313(b)(2) 

As authorized under EPCRA section 

313(b)(2), the EPA Administrator may 

determine that a particular facility is 

subject to the requirements of EPCRA 

section 313(a) on the basis of the 

toxicity of a chemical, the facility’s 

proximity to other facilities that release 

the chemical or to population centers, 

the history of releases of the chemical at 

the facility, or other factors the 

Administrator deems appropriate. This 

authority has been codified previously 

in TRI regulations, describing the 

process for modifying the list of covered 

facilities (40 CFR 372.20(b)). EPA is 

proposing to also codify this 

discretionary authority at 40 CFR 

372.22, which describes the criteria to 

determine whether a facility must report 

to TRI for a certain calendar year. This 

proposed edit is a conforming edit to 

accommodate the longstanding 

discretionary authority under EPCRA 

section 313(b)(2), and this edit would 

not alter the universe of EPCRA section 

313 reporters or any TRI reporting 

requirements. This additional criteria 

for facilities reporting to TRI will be 

added to 40 CFR 372.22 (see part 372— 

[AMENDED]). 

E. What are the incremental impacts of 

this action? 

EPA analyzed the potential costs and 

benefits associated with this action and 

determined that since this action will 

not add or remove any reporting 

requirements, there is no net increase in 

respondent burden or other economic 

impacts to consider. 

F. Are there potentially disproportionate 

impacts for children health? 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997), as 

applying only to those regulatory 

actions that concern health or safety 

risks that the EPA has reason to believe 

may disproportionately affect children, 

per the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

II. References 

The following is a listing of the 

documents that are specifically 

referenced in this document. The docket 

includes these documents and other 

information considered by EPA, 

including documents that are referenced 

within the documents that are included 

in the docket, even if the referenced 

document is not physically located in 

the docket. For assistance in locating 

these other documents, please consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

1. U.S. EPA. Community Right-to-Know; 

Toxic Chemical Release Reporting Using 

North American Industry Classification 

System (NAICS); Final Rule. Federal 

Register. 71 FR 32464, June 6, 2006 

(FRL–8180–2). 

2. U.S. EPA. Community Right-to-Know; 

Adoption of 2012 North American 

Industry Classification System (NAICS) 

Codes for Toxics Release Inventory (TRI) 

Reporting; Final Rule. Federal Register. 

78 FR 42875, July 18, 2013 (FRL–9825– 

8). 

3. U.S. EPA. Addition of Facilities in Certain 

Industry Sectors; Revised Interpretation 

of Otherwise Use; Toxic Release 

Inventory Reporting; Community Rightto-Know; Final Rule. Federal Register. 

62 FR 23834, May 1, 1997 (FRL–5578– 

3). 

III. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and Executive Order 

13563 (76 FR 3821, January 21, 2011). 

B. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA, 44 U.S.C. 3501 et seq. Facilities 

that are affected by the rule are already 

required to report their industrial 

classification codes on the approved 

reporting forms under EPCRA section 

313 and PPA section 6607. In addition, 

OMB has previously approved the 

information collection activities 

involving Form R and Form A as 

contained in 40 CFR part 372 under 

OMB Control No. 20070–0212 (EPA ICR 

No. 2613.04). 

Under the PRA, an agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information, unless it displays a 

currently valid OMB control number. 

The OMB control numbers are 

displayed either by publication in the 

Federal Register or by other appropriate 

means, such as on the related collection 

instrument or form, if applicable. The 

display of OMB control numbers for 

certain EPA regulations is consolidated 

in 40 CFR part 9. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA, 5 U.S.C. 601 et seq. In 

making this determination, EPA 

concludes that the impact of concern for 

this rule is any significant adverse 

economic impact on small entities and 

that the agency is certifying that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities if the rule has 

no net burden on the small entities 

subject to the rule. This proposed rule 

adds no new reporting requirements, 

and there would be no net increase in 

respondent burden and costs. This rule 

would only update the NAICS codes 

already reported by respondents. As 

such, this action will not impose any 

new requirements on small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 


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Federal Register / Vol. 87, No. 140 / Friday, July 22, 2022 / Proposed Rules 43777 

not significantly or uniquely affect small 

governments. The action would impose 

no enforceable duty on any state, local 

or tribal governments or the private 

sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999), because it will not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because it does not impose 

substantial direct compliance costs on 

Indian tribal governments. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks that the EPA has reason to believe 

may disproportionately affect children, 

per the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211 (66 FR 28355, May 22, 2001) 

because it is not likely to have a 

significant adverse effect on the supply, 

distribution or use of energy and has not 

otherwise been designated by the 

Administrator of OMB’s Office of 

Information and Regulatory Affairs as a 

‘‘significant energy action.’’ This action 

is not expected to affect energy use, 

energy supply or energy prices. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. As such, NTTAA 

section 12(d), 15 U.S.C. 272 note, does 

not apply to this action. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and Executive 

Order 14008: Tackling the Climate 

Crisis at Home and Abroad 

In accordance with Executive Order 

12898 (59 FR 7629, February 16, 1994) 

and Executive Order 14008 (86 FR 7619, 

January 27, 2021), EPA finds that this 

action will not result in 

disproportionately high and adverse 

human health, environmental, climaterelated, or other cumulative impacts on 

disadvantaged communities because 

this action does not establish an 

environmental health or safety standard. 

List of Subjects in 40 CFR Part 372 

Environmental protection, 

Community right-to-know, Reporting 

and recordkeeping requirements, Toxic 

chemicals. 

Dated: July 13, 2022. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

Therefore, for the reasons set forth in 

the preamble, it is proposed that 40 CFR 

chapter I be amended as follows: 

PART 372—TOXIC CHEMICAL 

RELEASE REPORTING: COMMUNITY 

RIGHT-TO-KNOW 

■ 1. The authority citation for part 372 

continues to read as follows: 

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

■ 2. Amend § 372.22 by revising the 

introductory paragraph and adding 

paragraph (d) to read as follows: 

§ 372.22 Covered facilities for toxic 

chemical release reporting. 

A facility is a covered facility for a 

particular calendar year, and must 

report under 40 CFR 372.30, if the 

facility meets either all of the criteria in 

paragraphs (a) through (c), or all of the 

criteria in paragraphs (c) and (d), for 

that calendar year. 

* * * * * 

(d) The Administrator determined 

that applying the 42 U.S.C. 11023 

requirements to the facility was 

warranted, pursuant to 42 U.S.C. 

11023(b)(2) and 40 CFR 372.20(b). 

■ 3. Amend § 372.23 by revising 

paragraphs (b) and (c) to read as follows: 

§ 372.23 SIC and NAICS codes to which 

this Part applies. 

* * * * * 

(b) NAICS codes that correspond to 

SIC codes 20–39. 

311—Food Manufacturing .............. Except 311119—Exception is limited to facilities previously classified under SIC 0723, Crop Preparation 

Services for Market, Except Cotton Ginning. 

Except 311340—Exception is limited to facilities previously classified under SIC 5441, Candy, Nut, and 

Confectionery Stores. 

Except 311352—Exception is limited to facilities previously classified under SIC 5441, Candy, Nut, and 

Confectionery Stores. 

Except 311611—Exception is limited to facilities previously classified under SIC 0751, Livestock Services, 

Except Veterinary. 

Except 311612—Exception is limited to facilities previously classified under SIC 5147, Meats and Meat 

Products. 

Except 311811—Exception is limited to facilities previously classified under SIC 5461, Retail Bakeries. 

312—Beverage and Tobacco Product Manufacturing.Except 312112—Exception is limited to facilities previously classified under SIC 5149, Groceries and Related Products, Not Elsewhere Classified. 

Except 312230—Exception is limited to facilities previously classified under SIC 7389, Business Services, 

Not Elsewhere Classified, except facilities primarily engaged in solvent recovery services on a contract 

or fee basis. 

313—Textile Mills ............................ Except 313310—Exception is limited to facilities previously classified under SIC 5131, Piece Goods, Notions, and Other Dry Goods; and facilities previously classified under SIC 7389, Business Services, Not 

Elsewhere Classified, except facilities primarily engaged in solvent recovery services on a contract or fee 

basis. 

314—Textile Product Mills .............. Except 314120—Exception is limited to facilities previously classified under SIC 5714, Drapery, Curtain, 

and Upholstery Stores. 

Except 314999—Exception is limited to facilities previously classified under SIC 7389, Business Services, 

Not Elsewhere Classified, except facilities primarily engaged in solvent recovery services on a contract 

or fee basis. 


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315—Apparel Manufacturing .......... Except 315290—Exception is limited to facilities previously classified under SIC 5699, Miscellaneous Apparel and Accessory Stores. 

316—Leather and Allied Product 

Manufacturing.

321—Wood Product Manufacturing 

322—Paper Manufacturing .............

323—Printing and Related Support 

Activities.

Except 323111—Exception is limited to facilities previously classified under SIC 7334, Photocopying and 

Duplicating Services. 

324—Petroleum and Coal Products 

Manufacturing.

325—Chemical Manufacturing ........ Except 325998—Exception is limited to facilities previously classified under SIC 7389, Business Services, 

Not Elsewhere Classified. 

326—Plastics and Rubber Products 

Manufacturing.

Except 326212—Exception is limited to facilities previously classified under SIC 7534, Tire Retreading and 

Repair Shops. 

327—Nonmetallic Mineral Product 

Manufacturing.

Except 327110—Exception is limited to facilities previously classified under SIC 5719, Miscellaneous 

Home Furnishings Stores. 

331—Primary Metal Manufacturing 

332—Fabricated Metal Product 

Manufacturing.

333—Machinery Manufacturing 

334—Computer and Electronic 

Product Manufacturing.

Except 334610—Exception is limited to facilities previously classified under SIC 7372, Prepackaged Software; and to facilities previously classified under SIC 7819, Services Allied to Motion Picture Production. 

335—Electrical Equipment, Appliance, and Component Manufacturing.Except 335312—Exception is limited to facilities previously classified under SIC 7694, Armature Rewinding 

Shops. 

336—Transportation Equipment 

Manufacturing.

337—Furniture and Related Product Manufacturing.Except 337110—Exception is limited to facilities previously classified under SIC 5712, Furniture Stores. 

Except 337121—Exception is limited to facilities previously classified under SIC 5712, Furniture Stores. 

Except 337122—Exception is limited to facilities previously classified under SIC 5712, Furniture Stores. 

339—Miscellaneous Manufacturing Except 339113—Exception is limited to facilities previously classified under SIC 5999, Miscellaneous Retail 

Stores, Not Elsewhere Classified. 

Except 339115—Exception is limited to lens grinding facilities previously classified under SIC 5995, Optical 

Goods Stores. 

Except 339116—Exception is limited to facilities previously classified under SIC 8072, Dental Laboratories. 

111998—All Other Miscellaneous 

Crop Farming.

Limited to facilities previously classified under SIC 2099, Food Preparations, Not Elsewhere Classified. 

113310—Logging 

211130—Natural Gas Extraction .... Limited to facilities that recover sulfur from natural gas and previously classified under SIC 2819, Industrial 

Inorganic Chemicals, Not Elsewhere Classified. 

212323—Kaolin, Clay, and Ceramic 

and Refractory Minerals Mining.

Limited to facilities operating without a mine or quarry and previously classified under SIC 3295, Minerals 

and Earths, Ground or Otherwise Treated. 

212390—Other Nonmetallic Mineral 

Mining and Quarrying.

Limited to facilities previously classified under SIC 3295, Minerals and Earths, Ground or Otherwise Treated. 

488390—Other Support Activities 

for Water Transportation.

Limited to facilities previously classified under SIC 3731, Shipbuilding and Repairing. 

512230—Music Publishers ............. Except facilities previously classified under SIC 8999, Services, Not Elsewhere Classified.

512250—Record Production and 

Distribution.

Limited to facilities previously classified under SIC 3652, Phonograph Records and Prerecorded Audio 

Tapes and Disks. 

5131—Publishing Industries ........... Except for facilities primarily engaged in web search portals and except for facilities previously classified 

under SIC 7331, Direct Mail Advertising Services and SIC 8999, Services Not Elsewhere Classified. 

516210—Media Streaming Distribution Services, Social Networks, 

and Other Media Networks and 

Content Providers.

Limited to Internet publishing facilities previously classified under SIC 2711, Newspapers: Publishing, or 

Publishing and Printing; facilities previously classified under SIC 2721, Periodicals: Publishing, or Publishing and Printing; facilities previously classified under SIC 2731, Books: Publishing, or Publishing and 

Printing; facilities previously classified under SIC 2741, Miscellaneous Publishing; facilities previously 

classified under SIC 2771, Greeting Cards; Except for facilities primarily engaged in web search portals. 

519290—Web Search Portals and 

All Other Information Services.

Limited to Internet publishing facilities previously classified under SIC 2711, Newspapers: Publishing, or 

Publishing and Printing; facilities previously classified under SIC 2721, Periodicals: Publishing, or Publishing and Printing; facilities previously classified under SIC 2731, Books: Publishing, or Publishing and 

Printing; facilities previously classified under SIC 2741, Miscellaneous Publishing; facilities previously 

classified under SIC 2771, Greeting Cards; Except for facilities primarily engaged in web search portals. 

541713—Research and Development in Nanotechnology.Limited to facilities previously classified under SIC 3764, Guided Missile and Space Vehicle Propulsion 

Units and Propulsion Unit Parts; and facilities previously classified under SIC 3769, Guided Missile and 

Space Vehicle Parts and Auxiliary Equipment, Not Elsewhere Classified. 

541715—Research and Development in the Physical, Engineering, and Life Sciences (except 

Nanotechnology and Biotechnology).

Limited to facilities previously classified under SIC 3764, Guided Missile and Space Vehicle Propulsion 

Units and Propulsion Unit Parts; and facilities previously classified under SIC 3769, Guided Missile and 

Space Vehicle Parts and Auxiliary Equipment, Not Elsewhere Classified. 

811490—Other Personal and 

Household Goods Repair and 

Maintenance.

Limited to facilities previously classified under SIC 3732, Boat Building and Repairing. 


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(c) NAICS codes that correspond to 

SIC codes other than SIC codes 20–39. 

211130—Natural Gas Extraction .... Limited to facilities classified under SIC 1321, Natural Gas Liquids. 

212114—Surface Coal Mining.

212115—Underground Coal Mining 

212220—Gold Ore and Silver Ore 

Mining.

212230—Copper, Nickel, Lead and 

Zinc Mining.

212290—Other Metal Ore Mining ... Limited to facilities previously classified under SIC 1061, Ferroalloy Ores, Except Vanadium (nickel); and 

facilities previously classified under SIC 1099, Miscellaneous Metal Ores, Not Elsewhere Classified. 

221111—Hydroelectric Power Generation.Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. 

221112—Fossil Fuel Electric Power 

Generation.

Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. 

221113—Nuclear Electric Power 

Generation.

Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. 

221114—Solar Electric Power Generation.Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. 

221115—Wind Electric Power Generation.Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. 

221116—Geothermal Electric 

Power Generation.

Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. 

221117—Biomass Electric Power 

Generation.

Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. 

221118—Other Electric Power 

Generation.

Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. 

221121—Electric Bulk Power 

Transmission and Control.

Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. 

221122—Electric Power Distribution Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. 

221210—Natural Gas Distribution .. Limited to facilities previously classified under SIC 4931, Electric and Other Services Combined and facilities previously classified under SIC 4939, Combination Utilities, Not Elsewhere Classified. 

221330—Steam and Air Conditioning Supply.Limited to facilities previously classified under SIC 4939, Combination Utilities, Not Elsewhere Classified. 

424690—Other Chemical and Allied 

Products Merchant Wholesalers.

424710—Petroleum Bulk Stations 

and Terminals.

425120—Wholesale Trade Agents 

and Brokers.

Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified. 

562112—Hazardous Waste Collection.Limited to facilities primarily engaged in solvent recovery services on a contract or fee basis and previously 

classified under SIC 7389, Business Services, Not Elsewhere Classified; 

562211—Hazardous Waste Treatment and Disposal.Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 

6921 et seq. 

562212—Solid Waste Landfill ......... Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 

6921 et seq. 

562213—Solid Waste Combustors 

and Incinerators.

Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 

6921 et seq. 

562219—Other Nonhazardous 

Waste Treatment and Disposal.

Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 

6921 et seq. 

562920—Materials Recovery Facilities.Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 

6921 et seq. 

* * * * * 

[FR Doc. 2022–15287 Filed 7–21–22; 8:45 am] 

BILLING CODE 6560–50–P 


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