82_FR_39196 82 FR 39038 - Community Right-To-Know; Adopting 2017 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting

82 FR 39038 - Community Right-To-Know; Adopting 2017 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 158 (August 17, 2017)

Page Range39038-39044
FR Document2017-17413

EPA is updating 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) 2017 NAICS code revision. As a result of this action, facilities would be required to use 2017 NAICS codes when reporting to TRI beginning with TRI reporting forms that are due on July 1, 2018, covering releases and other waste management quantities for the 2017 calendar year. EPA is also modifying the list of exceptions and limitations associated with NAICS codes in the CFR for TRI reporting purposes by deleting the descriptive text. EPA believes that these amendments are non-controversial and does not expect to receive any adverse comments. However, in addition to this direct final rule, elsewhere in this issue of the Federal Register, EPA is issuing the same amendment as a Notice of Proposed Rulemaking that will be used in the event that adverse comment is received. If EPA receives no adverse comment, the Agency will not take further action on the proposed rule and the direct final rule will become effective as provided in this action. If EPA receives relevant adverse comment, the Agency will publish a timely withdrawal in the Federal Register informing the public that this direct final action will not take effect and directing them to the Notice of Proposed Rulemaking. EPA would then address all relevant adverse public comments in a subsequent final rule.

Federal Register, Volume 82 Issue 158 (Thursday, August 17, 2017)
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Rules and Regulations]
[Pages 39038-39044]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17413]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-OPPT-2017-0197; FRL-9964-77]
RIN 2070-AK32


Community Right-To-Know; Adopting 2017 North American Industry 
Classification System (NAICS) Codes for Toxics Release Inventory (TRI) 
Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is updating 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) 2017 NAICS code revision. As a result of this action, 
facilities would be required to use 2017 NAICS codes when reporting to 
TRI beginning with TRI reporting forms that are due on July 1, 2018, 
covering releases and other waste management quantities for the 2017 
calendar year. EPA is also modifying the list of exceptions and 
limitations associated with NAICS codes in the CFR for TRI reporting 
purposes by deleting the descriptive text. EPA believes that these 
amendments are non-controversial and does not expect to receive any 
adverse comments. However, in addition to this direct final rule, 
elsewhere in this issue of the Federal Register, EPA is issuing the 
same amendment as a Notice of Proposed Rulemaking that will be used in 
the event that adverse comment is received. If EPA receives no adverse 
comment, the Agency will not take further action on the proposed rule 
and the direct final rule will become effective as provided in this 
action. If EPA receives relevant adverse comment, the Agency will 
publish a timely withdrawal in the Federal Register informing the 
public that this direct final action will not take effect and directing 
them to the Notice of Proposed Rulemaking. EPA would then address all 
relevant adverse public comments in a subsequent final rule.

DATES: This final rule is effective on November 15, 2017 without 
further notice, unless EPA receives adverse comment by September 18, 
2017. If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect and directing them to the Notice of Proposed 
Rulemaking that appears elsewhere in this issue of the Federal 
Register.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2007-0197, is available at 
http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Stephanie Griffin, Toxics 
Release Inventory Program Division, Mailcode 7410M, Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-1463; email address: [email protected].
    For general information contact: The Emergency Planning and 
Community Right-to-Know Information Center; telephone number: (800) 
424-9346, TDD (800) 553-7672; Web site: https://www.epa.gov/home/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 the Emergency Planning and Community 
Right-to-Know Act (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), 
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 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*, 
211112*, 212324*, 212325*, 212393*, 212399*, 488390*, 511110, 511120, 
511130, 511140*, 511191, 511199, 512220, 512230*, 519130*, 541712*, or 
811490*. (*Exceptions and/or limitations exist for these NAICS codes.)
     Facilities included in the following NAICS codes 
(corresponding to SIC codes other than SIC codes 20 through 39): 
212111, 212112, 212113 (corresponds to SIC code 12, Coal

[[Page 39039]]

Mining (except 1241)); or 212221, 212222, 212231, 212234, 212299 
(corresponds to SIC code 10, Metal Mining (except 1011, 1081, and 
1094)); or 221111, 221112, 221113, 221118, 221121, 221122, 221330 
(limited to facilities that combust coal and/or oil for the purpose of 
generating power for 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, NEC)); 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).
     Federal facilities. Under Executive Order 13693 (80 FR 
15871, March 25, 2015), all Federal facilities are required to comply 
with the provisions set forth in section 313 of EPCRA and section 6607 
of the PPA. On June 10, 2015, the White House Council on Environmental 
Quality (CEQ) issued Instructions for Implementing Executive Order 
13693, requiring federal agencies and contractors to comply with these 
laws regardless of NAICS code delineations (see 80 FR 34149, June 15, 
2015).
    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 sections 313(g)(1) and 328 of 
EPCRA, 42 U.S.C. 11023(g)(1) and 11048. In general, section 313 of 
EPCRA 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. 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. Congress also granted EPA broad rulemaking authority to allow the 
Agency to fully implement the statute. EPCRA section 328 states that: 
``The Administrator may prescribe such regulations as may be necessary 
to carry out this chapter.'' 42 U.S.C. 11048.

C. What action is the Agency taking?

    In response to OMB's revisions to the NAICS codes effective January 
1, 2017, EPA is amending 40 CFR part 372 to include 2017 NAICS codes 
for TRI reporting. EPA is also modifying the list of exceptions and 
limitations of NAICS codes for TRI reporting purposes in the CFR.
    Under this action, TRI reporting requirements remain unchanged. 
However, due to the 2017 NAICS modifications, some facilities will need 
to modify their reported NAICS codes as outlined in the table below, 
which identifies only the revised TRI NAICS reporting codes and is not 
an exhaustive list of all NAICS reporting codes subject to EPCRA 
section 313 and PPA section 6607. A complete listing of all TRI covered 
facilities can be found in the regulations at 40 CFR 372.23.

----------------------------------------------------------------------------------------------------------------
                                                                   2017 NAICS
       2012 NAICS  code         2012 NAICS and U.S. description       code       2017 NAICS and U.S. description
----------------------------------------------------------------------------------------------------------------
333911........................  Pump and Pumping Equipment               333914  Measuring, Dispensing, and
                                 Manufacturing.                                   Other Pumping Equipment
                                                                                  Manufacturing.
333913........................  Measuring and Dispensing Pump                ''  ''
                                 Manufacturing.
335221........................  Household Cooking Appliance              335220  Major Household Appliance
                                 Manufacturing.                                   Manufacturing.
335222........................  Household Refrigerator and Home              ''  ''
                                 Freezer Manufacturing.
335224........................  Household Laundry Equipment                  ''  ''
                                 Manufacturing.
335228........................  Other Major Household Appliance              ''  ''
                                 Manufacturing.
512220........................  Integrated Record Production/            512250  Record Production and
                                 Distribution.                                    Distribution.
                                                                                 This merges both TRI-covered
                                                                                  and non-TRI-covered NAICS
                                                                                  codes. Only 512220 (Integrated
                                                                                  Record Production/
                                                                                  Distribution) was covered by
                                                                                  TRI. TRI will note that only
                                                                                  the ``Integrated Record
                                                                                  Production/Distribution''
                                                                                  facilities under NAICS code
                                                                                  512250 are required to report.
541712........................  Research and Development in the          541713  Research and Development in
                                 Physical, Engineering, and                       Nanotechnology.
                                 Life Sciences (except                           This merges both TRI-covered
                                 Biotechnology).                                  and non-TRI-covered NAICS
                                                                                  codes. Only 541712 (Research
                                                                                  and Development in the
                                                                                  Physical, Engineering, and
                                                                                  Life Sciences (except
                                                                                  Biotechnology)) was covered by
                                                                                  TRI. TRI will note that only
                                                                                  the ``Research and Development
                                                                                  in the Physical, Engineering,
                                                                                  and Life Sciences (except
                                                                                  Biotechnology)'' facilities
                                                                                  under NAICS code 541713 are
                                                                                  required to report. TRI does
                                                                                  not include all facilities
                                                                                  classified under NAICS code
                                                                                  541712, and the same
                                                                                  limitations will be extended
                                                                                  to NAICS code 541713.
''............................  ''.............................          541715  Research and Development in the
                                                                                  Physical, Engineering, and
                                                                                  Life Sciences (except
                                                                                  Nanotechnology and
                                                                                  Biotechnology).
                                                                                 TRI does not include all
                                                                                  facilities classified under
                                                                                  NAICS code 541712, and the
                                                                                  same limitations will be
                                                                                  extended to NAICS code 541715.
                                                                                  TRI will specify which
                                                                                  facilities under NAICS code
                                                                                  541715 are required to report.

[[Page 39040]]

 
212231........................  Lead Ore and Zinc Ore Mining...        * 212230  Copper, Nickel, Lead, and Zinc
                                                                                  Mining.
212234........................  Copper Ore and Nickel Ore                    ''  ''
                                 Mining.
----------------------------------------------------------------------------------------------------------------
* A conforming update is also being made to 40 CFR 372.38(h).

    Crosswalk tables between all 2012 NAICS codes and 2017 NAICS codes 
can be found on the Internet at http://www.census.gov/epcd/www/naics.html.
    EPA is also modifying the list of exceptions and limitations of 
NAICS codes for TRI reporting purposes in the CFR. Because NAICS codes 
may cross-reference some SIC codes in both TRI-covered and non-covered 
TRI sectors, EPA has historically included descriptive text in 40 CFR 
part 372 to help indicate exceptions and limitations to TRI coverage 
for a specific NAICS code in line with the previous SIC code 
descriptors. However, NAICS codes are updated every five years, and 
these updates may require EPA to revise this text describing an 
exception or limitation to the scope of a particular NAICS code. 
Consequently, this descriptive text does not always align fully with 
SIC codes' full descriptions.
    For example, historically, 40 CFR part 372 would list NAICS code 
323211 with the following exception: ``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))''. This action simplifies 
the listing to display only the SIC code and title rather than include 
the description: ``Exception is limited to facilities previously 
classified under SIC 7334, Photocopying and Duplicating Services''.
    Moving forward, in 40 CFR part 372, EPA will not include 
descriptive text for SIC codes when listing the limitations and 
exceptions applicable to TRI-covered NAICS codes. Instead, the Agency 
will simply list the SIC codes, including their titles, as applicable 
limitations and exceptions. Because exceptions and limitations are 
included in 40 CFR part 372.23(b) & (c) to align the listing of NAICS 
codes with the list of SIC codes covered by TRI reporting requirements 
as shown in 40 CFR part 372.23(a), the SIC codes rather than the 
descriptive text defines the types of facilities covered by TRI. By 
removing the descriptive text from the exceptions and limitations 
listed in these two paragraphs, this action mitigates potential 
confusion caused by qualitative descriptions of SIC codes and does not 
alter the universe of the facilities affected by TRI reporting 
requirements. Facilities with questions regarding the SIC code 
descriptions should refer to the SIC manual, available at: https://www.osha.gov/pls/imis/sicsearch.html.

D. Why is EPA taking this action?

    On April 9, 1997, OMB published a Federal Register Notice of final 
decision (62 FR 17288) to adopt the NAICS economic classification 
system, replacing the SIC system which had traditionally been used by 
the Federal Government for collecting and organizing industry-related 
statistics. Consistent with EPCRA, on June 6, 2006, EPA amended 40 CFR 
part 372 to include the 2002 NAICS codes that correspond to the SIC 
codes that are currently subject to section 313 of EPCRA and section 
6607 of the PPA (71 FR 32464). OMB revises the NAICS codes every five 
years. Therefore, on June 9, 2008 (73 FR 32466), EPA amended 40 CFR 
part 372 to include the 2007 NAICS codes that correspond to the SIC 
codes that are currently subject to section 313 of EPCRA and section 
6607 of the PPA, and again on July 18, 2013 (78 FR 42875), to include 
the 2012 NAICS codes.
    In the Federal Register on August 4, 2015 (80 FR 46480), OMB 
announced updated NAICS codes for 2017, and on August 8, 2016 (81 FR 
52584), finalized and further modified the NAICS codes for 2017. This 
direct final action will amend 40 CFR part 372 to include OMB's revised 
NAICS codes for 2017.

E. How is EPA taking this action?

    Given the nature of this action, EPA is therefore taking this 
action by publishing this direct final rule and a Notice of Proposed 
Rulemaking elsewhere in this issue of the Federal Register.
    1. Direct final rule. Although EPA believes that this action is 
non-controversial and is not expected to result in any adverse 
comments, a direct final rule provides an opportunity for adverse 
comment. If EPA receives no adverse comment, the Agency will not take 
further action on the proposed rule and the direct final rule will 
become effective as provided in this action. However, if EPA receives 
relevant adverse comment, the Agency will publish a timely withdrawal 
in the Federal Register informing the public that this direct final 
action will not take effect and directing them to the proposed rule 
that appears elsewhere in this issue of the Federal Register. EPA would 
then address all adverse public comments in the context of issuing a 
subsequent final rule.
    2. Proposed rule. In addition to this direct final rule, the same 
amendments are presented in a proposed rule that appears elsewhere in 
this issue of the Federal Register. As indicated previously, the 
proposed rule will be used in the event that relevant adverse comment 
is received on the amendment within this direct final rule.

F. 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.

G. How do I submit a comment on this action?

    Submit your relevant adverse comments, identified by docket 
identification (ID) number EPA-HQ-OPPT-2007-0197, by one of the 
following methods:
     Federal eRulemaking Portal: http://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.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

[[Page 39041]]

II. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/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 Orders 12866 (58 FR 51735, October 4, 1993) 
and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden. 
Facilities that are affected by the rule are already required to report 
their industrial classification codes on the approved reporting forms 
under section 313 of EPCRA and 6607 of the PPA. In addition, OMB has 
previously approved the information collection requirements contained 
in 40 CFR part 372 under the provisions of the PRA, 44 U.S.C. 3501 et 
seq., and has assigned OMB control number 2025-0009 (EPA ICR No. 1363-
21) for Form R and Form A. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    EPA certifies 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, the impact of concern 
is any significant adverse economic impact on small entities. An agency 
may certify that a rule will not have a significant economic impact on 
a substantial number of small entities if the rule relieves regulatory 
burden, has no net burden or otherwise has a positive economic effect 
on the small entities subject to the rule. This direct final rule adds 
no new reporting requirements, and there would be no net increase in 
respondent burden. This rule would only update the NAICS codes already 
reported by respondents. This final rule will not impose any 
requirements on small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action 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). 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). This final rule 
will 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

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it is not economically significant as defined 
in Executive Order 12866, and because EPA does not believe the 
environmental health or safety risks addressed by this action present a 
disproportionate risk to children.

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

    This action is not a ``significant energy action'' as defined in 
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.

I. National Technology Transfer and Advancement Act (NTTAA)

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

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

    EPA has determined that the human health or environmental risk 
addressed by this action would not have potential disproportionately 
high and adverse human health or environmental effects on minority, 
low-income or indigenous populations, as specified in Executive Order 
12898 (59 FR 7629, February 16, 1994).

K. Congressional Review Act (CRA)

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

List of Subjects in 40 CFR Part 372

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

    Dated: August 7, 2017,
Wendy Cleland-Hamnett,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    Therefore, 40 CFR chapter I is amended as follows:

PART 372--[AMENDED]

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

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


0
2. Amend Sec.  [thinsp]372.22 by revising the introductory text for 
paragraph (b) to read as follows:


Sec.  [thinsp]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 Sec.  [thinsp]372.23(a), for which the corresponding North American 
Industry Classification System (NAICS) (as in effect on January 1, 
2017, for reporting year 2018 and thereafter) subsector and industry 
codes are listed in Sec.  [thinsp]372.23(b) and (c) by virtue of the 
fact that it meets one of the following criteria:
* * * * *

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


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

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

[[Page 39042]]



------------------------------------------------------------------------
 Subsector code or  industry code       Exceptions and/or limitations
------------------------------------------------------------------------
311--Food Manufacturing...........  Except 311119--Exception is limited
                                     to facilities previously classified
                                     under SIC 0723, Crop Preparation
                                     Services for Market, Except Cotton
                                     Ginning;
                                    Except 311340--Exception is limited
                                     to facilities previously classified
                                     under SIC 5441, Candy, Nut, and
                                     Confectionery Stores;
                                    Except 311352--Exception is limited
                                     to facilities previously classified
                                     under SIC 5441, Candy, Nut, and
                                     Confectionery Stores;
                                    Except 311611--Exception is limited
                                     to facilities previously classified
                                     under SIC 0751, Livestock Services,
                                     Except Veterinary;
                                    Except 311612--Exception is limited
                                     to facilities previously classified
                                     under SIC 5147, Meats and Meat
                                     Products;
                                    Except 311811-- Exception is limited
                                     to facilities previously classified
                                     under SIC 5461, Retail Bakeries;
312--Beverage and Tobacco Product   Except 312112--Exception is limited
 Manufacturing.                      to facilities previously classified
                                     under SIC 5149, Groceries and
                                     Related Products, Not Elsewhere
                                     Classified;
                                    Except 312230--Exception is limited
                                     to facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified, except
                                     facilities primarily engaged in
                                     solvent recovery services on a
                                     contract or fee basis;
313--Textile Mills................  Except 313310--Exception is limited
                                     to facilities previously classified
                                     under SIC 5131, Piece Goods,
                                     Notions, and Other Dry Good; and
                                     facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified, except
                                     facilities primarily engaged in
                                     solvent recovery services on a
                                     contract or fee basis;
314--Textile Product Mills........  Except 314120--Exception is limited
                                     to facilities previously classified
                                     under SIC 5714, Drapery, Curtain,
                                     and Upholstery Stores;
                                    Except 314999--Exception is limited
                                     to facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified, except
                                     facilities primarily engaged in
                                     solvent recovery services on a
                                     contract or fee basis;
315--Apparel Manufacturing........  Except 315220--Exception is limited
                                     to facilities previously classified
                                     under SIC 5699, Miscellaneous
                                     Apparel and Accessory Stores;
316--Leather and Allied Product     ....................................
 Manufacturing.
321--Wood Product Manufacturing...  ....................................
322--Paper Manufacturing..........  ....................................
323--Printing and Related Support   Except 323111--Exception is limited
 Activities.                         to facilities previously classified
                                     under SIC 7334, Photocopying and
                                     Duplicating Services;
324--Petroleum and Coal Products    ....................................
 Manufacturing.
325--Chemical Manufacturing.......  Except 325998--Exception is limited
                                     to facilities previously classified
                                     under SIC 7389, Business Services,
                                     Not Elsewhere Classified;
326--Plastics and Rubber Products   Except 326212--Exception is limited
 Manufacturing.                      to facilities previously classified
                                     under SIC 7534, Tire Retreading and
                                     Repair Shops;
327--Nonmetallic Mineral Product    Except 327110--Exception is limited
 Manufacturing.                      to facilities previously classified
                                     under SIC 5719, Miscellaneous home
                                     furnishing Stores;
331--Primary Metal Manufacturing..  ....................................
332--Fabricated Metal Product       ....................................
 Manufacturing.
333--Machinery Manufacturing......  ....................................
334--Computer and Electronic        Except 334614--Exception is limited
 Product Manufacturing.              to facilities previously classified
                                     under SIC 7372, Prepackaged
                                     Software; and to facilities
                                     previously classified under SIC
                                     7819, Services Allied to Motion
                                     Picture Production;
335--Electrical Equipment,          Except 335312--Exception is limited
 Appliance, and Component            to facilities previously classified
 Manufacturing.                      under SIC 7694, Armature Rewinding
                                     Shops;
336--Transportation Equipment       ....................................
 Manufacturing.
337--Furniture and Related Product  Except 337110--Exception is limited
 Manufacturing.                      to facilities previously classified
                                     under SIC 5712, Furniture Stores;
                                    Except 337121--Exception is limited
                                     to facilities previously classified
                                     under SIC 5712, Furniture Stores;
                                    Except 337122--Exception is limited
                                     to facilities previously classified
                                     under SIC 5712, Furniture Stores;
339--Miscellaneous Manufacturing..  Except 339113--Exception is limited
                                     to facilities previously classified
                                     under SIC 5999, Miscellaneous
                                     Retail Stores, Not Elsewhere
                                     Classified;
                                    Except 339115--Exception is limited
                                     to lens grinding facilities
                                     previously classified under SIC
                                     5995, Optical Goods Stores;
                                    Except 339116--Exception is limited
                                     to facilities previously classified
                                     under SIC 8072, Dental
                                     Laboratories;
111998--All Other Miscellaneous     Limited to facilities previously
 Crop Farming.                       classified under SIC 2099, Food
                                     Preparations, Not Elsewhere
                                     Classified;
113310--Logging...................  ....................................
211112--Natural Gas Liquid          Limited to facilities that recover
 Extraction.                         sulfur from natural gas and
                                     previously classified under SIC
                                     2819, Industrial Inorganic
                                     Chemicals, Not Elsewhere
                                     Classified;
212324--Kaolin and Ball Clay        Limited to facilities operating
 Mining.                             without a mine or quarry and
                                     previously classified under SIC
                                     3295, Minerals and Earths, Ground
                                     or Otherwise Treated;
212325--Mining....................  Limited to facilities operating
                                     without a mine or quarry and
                                     previously classified under SIC
                                     3295, Minerals and Earths, Ground
                                     or Otherwise Treated;
212393--Other Chemical and          Limited to facilities operating
 Fertilizer Mineral Mining.          without a mine or quarry and
                                     previously classified under SIC
                                     3295, Minerals and Earths, Ground
                                     or Otherwise Treated;

[[Page 39043]]

 
212399--All Other Nonmetallic       Limited to facilities operating
 Mineral Mining.                     without a mine or quarry and
                                     previously classified under SIC
                                     3295, Minerals and Earths, Ground
                                     or Otherwise Treated;
488390--Other Support Activities    Limited to facilities previously
 for Water Transportation.           classified under SIC 3731,
                                     Shipbuilding and Repairing;
511110--Newspaper Publishers......  ....................................
511120--Periodical Publishers.....  ....................................
511130--Book Publishers...........  ....................................
511140--Directory and Mailing List  Except facilities previously
 Publishers.                         classified under SIC 7331, Direct
                                     Mail Advertising Services;
511191--Greeting Card Publishers..  ....................................
511199--All Other Publishers......  ....................................
512230--Music Publishers..........  Except facilities previously
                                     classified under SIC 8999,
                                     Services, Not Elsewhere Classified;
512250--Record Production and       Limited to facilities previously
 Distribution.                       classified under SIC 3652,
                                     Phonograph Records and Prerecorded
                                     Audio Tapes and Disks;
519130--Internet Publishing and     Limited to Internet publishing
 Broadcasting and Web Search         facilities previously classified
 Portals.                            under SIC 2711, Newspapers:
                                     Publishing, or Publishing and
                                     Printing; facilities previously
                                     classified under SIC 2721,
                                     Periodicals: Publishing, or
                                     Publishing and Printing; facilities
                                     previously classified under SIC
                                     2731, Books: Publishing, or
                                     Publishing and Printing; facilities
                                     previously classified under SIC
                                     2741, Miscellaneous Publishing;
                                     facilities previously classified
                                     under SIC 2771, Greeting Cards;
                                     Except for facilities primarily
                                     engaged in web search portals;
541713--Research and Development    Limited to facilities previously
 in Nanotechnology.                  classified under SIC 3764, Guided
                                     Missile and Space Vehicle
                                     Propulsion Units and Propulsion
                                     Unit Parts; and facilities
                                     previously classified under SIC
                                     3769, Guided Missile and Space
                                     Vehicle Parts and Auxiliary
                                     Equipment, Not Elsewhere
                                     Classified;
541715--Research and Development    Limited to facilities previously
 in the Physical, Engineering, and   classified under SIC 3764, Guided
 Life Sciences (except               Missile and Space Vehicle
 Nanotechnology and Biotechnology).  Propulsion Units and Propulsion
                                     Unit Parts; and facilities
                                     previously classified under SIC
                                     3769, Guided Missile and Space
                                     Vehicle Parts and Auxiliary
                                     Equipment, Not Elsewhere
                                     Classified;
811490--Other Personal and          Limited to facilities previously
 Household Goods Repair and          classified under SIC 3732, Boat
 Maintenance.                        Building and Repairing.
------------------------------------------------------------------------

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

------------------------------------------------------------------------
    Subsector or industry code          Exceptions and/or limitations
------------------------------------------------------------------------
212111--Bituminous Coal and         ....................................
 Lignite Surface Mining.
212112--Bituminous Coal and         ....................................
 Underground Mining.
212113--Anthracite Mining.........  ....................................
212221--Gold Ore Mining...........  ....................................
212222--Silver Ore Mining.........  ....................................
212230--Copper, Nickel, Lead, and   ....................................
 Zinc Mining.
212299--Other Metal Ore Mining....  ....................................
221111--Hydroelectric Power         Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221112--Fossil Fuel Electric Power  Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221113--Nuclear Electric Power      Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221118--Other Electric Power        Limited to facilities that combust
 Generation.                         coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221121--Electric Bulk Power         Limited to facilities that combust
 Transmission and Control.           coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221122--Electric Power              Limited to facilities that combust
 Distribution.                       coal and/or oil for the purpose of
                                     generating power for distribution
                                     in commerce.
221330--Steam and Air Conditioning  Limited to facilities previously
 Supply.                             classified under SIC 4939,
                                     Combination Utility Services, Not
                                     Elsewhere Classified.
424690--Other Chemical and Allied   ....................................
 Products Merchant Wholesalers.
424710--Petroleum Bulk Stations     ....................................
 and Terminals.
425110--Business to Business        Limited to facilities previously
 Electronic Markets.                 classified in SIC 5169, Chemicals
                                     and Allied Products, Not Elsewhere
                                     Classified
425120--Wholesale Trade Agents and  Limited to facilities previously
 Brokers.                            classified in SIC 5169, Chemicals
                                     and Allied Products, Not Elsewhere
                                     Classified.
562112--Hazardous Waste Collection  Limited to facilities primarily
                                     engaged in solvent recovery
                                     services on a contract or fee basis
                                     and previously classified under SIC
                                     7389, Business Services, Not
                                     Elsewhere Classified;

[[Page 39044]]

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



0
4. Amend Sec.  [thinsp]372.38 by revising paragraph (h) to read as 
follows:


Sec.  [thinsp]372.38  Exemptions.

* * * * *
    (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, 212230 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 Sec.  372.25, Sec.  372.27, or Sec.  
372.28, or determining the amounts to be reported under Sec.  372.30.

[FR Doc. 2017-17413 Filed 8-16-17; 8:45 am]
 BILLING CODE 6560-50-P



                                              39038                Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations

                                                                                                         EPA APPROVED ALABAMA REGULATIONS
                                                                                                                                        State effective
                                                             State citation                             Title/subject                                         EPA approval date            Explanation
                                                                                                                                             date


                                                         *                          *                       *                       *                        *                      *              *

                                                                                  Chapter No. 335–3–17          Conformity of Federal Actions to State Implementation Plans

                                              Section 335–3–17–.01 .................       Transportation Conformity ...........            5/28/2013     8/17/2017 [Insert citation
                                                                                                                                                            of publication].

                                                         *                          *                       *                       *                        *                      *              *



                                              *      *         *       *      *                           adverse comment, the Agency will                         (800) 553–7672; Web site: https://
                                              [FR Doc. 2017–17241 Filed 8–16–17; 8:45 am]                 publish a timely withdrawal in the                       www.epa.gov/home/epa-hotlines.
                                              BILLING CODE 6560–50–P                                      Federal Register informing the public                    SUPPLEMENTARY INFORMATION:
                                                                                                          that this direct final action will not take
                                                                                                          effect and directing them to the Notice                  I. Executive Summary
                                              ENVIRONMENTAL PROTECTION                                    of Proposed Rulemaking. EPA would                        A. Does this action apply to me?
                                              AGENCY                                                      then address all relevant adverse public
                                                                                                                                                                      You may be potentially affected by
                                                                                                          comments in a subsequent final rule.
                                              40 CFR Part 372                                                                                                      this action if you own or operate
                                                                                                          DATES: This final rule is effective on                   facilities that have 10 or more full-time
                                              [EPA–HQ–OPPT–2017–0197; FRL–9964–77]                        November 15, 2017 without further                        employees or the equivalent of 20,000
                                              RIN 2070–AK32                                               notice, unless EPA receives adverse                      employee hours per year that
                                                                                                          comment by September 18, 2017. If EPA                    manufacture, process, or otherwise use
                                              Community Right-To-Know; Adopting                           receives adverse comment, we will                        toxic chemicals listed on the TRI, and
                                              2017 North American Industry                                publish a timely withdrawal in the                       that are required under section 313 of
                                              Classification System (NAICS) Codes                         Federal Register informing the public                    the Emergency Planning and
                                              for Toxics Release Inventory (TRI)                          that the rule will not take effect and                   Community Right-to-Know Act (EPCRA)
                                              Reporting                                                   directing them to the Notice of Proposed                 or section 6607 of the Pollution
                                                                                                          Rulemaking that appears elsewhere in                     Prevention Act (PPA) to report annually
                                              AGENCY: Environmental Protection                            this issue of the Federal Register.
                                              Agency (EPA).                                                                                                        to EPA and States or Tribes their
                                                                                                          ADDRESSES: The docket for this action,                   environmental releases or other waste
                                              ACTION: Direct final rule.
                                                                                                          identified by docket identification (ID)                 management quantities of covered
                                              SUMMARY:    EPA is updating the list of                     number EPA–HQ–OPPT–2007–0197, is                         chemicals. (A rule was published on
                                              North American Industry Classification                      available at http://www.regulations.gov                  April 19, 2012 (77 FR 23409), requiring
                                              System (NAICS) codes subject to                             or at the Office of Pollution Prevention                 facilities located in Indian country to
                                              reporting under the Toxics Release                          and Toxics Docket (OPPT Docket),                         report to the appropriate tribal
                                              Inventory (TRI) to reflect the Office of                    Environmental Protection Agency                          government official and EPA instead of
                                              Management and Budget (OMB) 2017                            Docket Center (EPA/DC), West William                     to the state and EPA.)
                                              NAICS code revision. As a result of this                    Jefferson Clinton Bldg., Rm. 3334, 1301                     The following list of North American
                                              action, facilities would be required to                     Constitution Ave. NW., Washington,                       Industrial Classification System
                                              use 2017 NAICS codes when reporting                         DC. The Public Reading Room is open                      (NAICS) codes is not intended to be
                                              to TRI beginning with TRI reporting                         from 8:30 a.m. to 4:30 p.m., Monday                      exhaustive, but rather provides a guide
                                              forms that are due on July 1, 2018,                         through Friday, excluding legal                          to help readers determine whether this
                                              covering releases and other waste                           holidays. The telephone number for the                   document applies to them. Potentially
                                              management quantities for the 2017                          Public Reading Room is (202) 566–1744,                   affected entities may include:
                                              calendar year. EPA is also modifying the                    and the telephone number for the OPPT                       • Facilities included in the following
                                              list of exceptions and limitations                          Docket is (202) 566–0280. Please review                  NAICS manufacturing codes
                                              associated with NAICS codes in the CFR                      the visitor instructions and additional                  (corresponding to Standard Industrial
                                              for TRI reporting purposes by deleting                      information about the docket available                   Classification (SIC) codes 20 through
                                              the descriptive text. EPA believes that                     at http://www.epa.gov/dockets.                           39): 311*, 312*, 313*, 314*, 315*, 316,
                                              these amendments are non-controversial                      FOR FURTHER INFORMATION CONTACT:                         321, 322, 323*, 324, 325*, 326*, 327,
                                              and does not expect to receive any                             For technical information contact:                    331, 332, 333, 334*, 335*, 336, 337*,
                                              adverse comments. However, in                               Stephanie Griffin, Toxics Release                        339*, 111998*, 211112*, 212324*,
                                              addition to this direct final rule,                         Inventory Program Division, Mailcode                     212325*, 212393*, 212399*, 488390*,
                                              elsewhere in this issue of the Federal                      7410M, Office of Pollution Prevention                    511110, 511120, 511130, 511140*,
                                              Register, EPA is issuing the same                           and Toxics, Environmental Protection                     511191, 511199, 512220, 512230*,
                                              amendment as a Notice of Proposed                           Agency, 1200 Pennsylvania Ave. NW.,                      519130*, 541712*, or 811490*.
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                                              Rulemaking that will be used in the                         Washington, DC 20460–0001; telephone                     (*Exceptions and/or limitations exist for
                                              event that adverse comment is received.                     number: (202) 564–1463; email address:                   these NAICS codes.)
                                              If EPA receives no adverse comment,                         griffin.stephanie@epa.gov.                                  • Facilities included in the following
                                              the Agency will not take further action                        For general information contact: The                  NAICS codes (corresponding to SIC
                                              on the proposed rule and the direct final                   Emergency Planning and Community                         codes other than SIC codes 20 through
                                              rule will become effective as provided                      Right-to-Know Information Center;                        39): 212111, 212112, 212113
                                              in this action. If EPA receives relevant                    telephone number: (800) 424–9346, TDD                    (corresponds to SIC code 12, Coal


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                                                                      Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations                                                                   39039

                                              Mining (except 1241)); or 212221,                                           6607 of the PPA. On June 10, 2015, the                           general terms, the types of information
                                              212222, 212231, 212234, 212299                                              White House Council on Environmental                             that must be submitted on the form.
                                              (corresponds to SIC code 10, Metal                                          Quality (CEQ) issued Instructions for                            Congress also granted EPA broad
                                              Mining (except 1011, 1081, and 1094));                                      Implementing Executive Order 13693,                              rulemaking authority to allow the
                                              or 221111, 221112, 221113, 221118,                                          requiring federal agencies and                                   Agency to fully implement the statute.
                                              221121, 221122, 221330 (limited to                                          contractors to comply with these laws                            EPCRA section 328 states that: ‘‘The
                                              facilities that combust coal and/or oil                                     regardless of NAICS code delineations                            Administrator may prescribe such
                                              for the purpose of generating power for                                     (see 80 FR 34149, June 15, 2015).                                regulations as may be necessary to carry
                                              distribution in commerce) (corresponds                                        If you have any questions regarding                            out this chapter.’’ 42 U.S.C. 11048.
                                              to SIC codes 4911, 4931, and 4939,                                          the applicability of this action to a
                                              Electric Utilities); or 424690, 425110,                                     particular entity, consult the technical                         C. What action is the Agency taking?
                                              425120 (limited to facilities previously                                    person listed in the FOR FURTHER
                                                                                                                                                                                              In response to OMB’s revisions to the
                                              classified in SIC code 5169, Chemicals                                      INFORMATION CONTACT section.
                                                                                                                                                                                           NAICS codes effective January 1, 2017,
                                              and Allied Products, Not Elsewhere                                          B. What is the Agency’s authority for                            EPA is amending 40 CFR part 372 to
                                              Classified); or 424710 (corresponds to                                      taking this action?                                              include 2017 NAICS codes for TRI
                                              SIC code 5171, Petroleum Bulk
                                                                                                                             EPA is taking this action under                               reporting. EPA is also modifying the list
                                              Terminals and Plants); or 562112
                                                                                                                          sections 313(g)(1) and 328 of EPCRA, 42                          of exceptions and limitations of NAICS
                                              (limited to facilities primarily engaged
                                                                                                                          U.S.C. 11023(g)(1) and 11048. In                                 codes for TRI reporting purposes in the
                                              in solvent recovery services on a
                                                                                                                          general, section 313 of EPCRA requires                           CFR.
                                              contract or fee basis (previously
                                              classified under SIC code 7389,                                             owners and operators of covered                                     Under this action, TRI reporting
                                              Business Services, NEC)); or 562211,                                        facilities in specified SIC codes that                           requirements remain unchanged.
                                              562212, 562213, 562219, 562920                                              manufacture, process, or otherwise use                           However, due to the 2017 NAICS
                                              (limited to facilities regulated under the                                  listed toxic chemicals in amounts above                          modifications, some facilities will need
                                              Resource Conservation and Recovery                                          specified threshold levels to report                             to modify their reported NAICS codes as
                                              Act, subtitle C, 42 U.S.C. 6921 et seq.)                                    certain facility specific information                            outlined in the table below, which
                                              (corresponds to SIC code 4953, Refuse                                       about such chemicals, including the                              identifies only the revised TRI NAICS
                                              Systems).                                                                   annual releases and other waste                                  reporting codes and is not an exhaustive
                                                 • Federal facilities. Under Executive                                    management quantities. Section                                   list of all NAICS reporting codes subject
                                              Order 13693 (80 FR 15871, March 25,                                         313(g)(1) of EPCRA requires EPA to                               to EPCRA section 313 and PPA section
                                              2015), all Federal facilities are required                                  publish a uniform toxic chemical                                 6607. A complete listing of all TRI
                                              to comply with the provisions set forth                                     release form for these reporting                                 covered facilities can be found in the
                                              in section 313 of EPCRA and section                                         purposes, and it also prescribes, in                             regulations at 40 CFR 372.23.

                                                2012 NAICS                                                                                                         2017 NAICS
                                                                                         2012 NAICS and U.S. description                                                                      2017 NAICS and U.S. description
                                                   code                                                                                                               code

                                              333911 ............         Pump and Pumping Equipment Manufacturing ..........                                             333914    Measuring, Dispensing, and Other Pumping Equip-
                                                                                                                                                                                      ment Manufacturing.
                                              333913 ............         Measuring and Dispensing Pump Manufacturing .......                                                  ″    ″
                                              335221 ............         Household Cooking Appliance Manufacturing ............                                          335220    Major Household Appliance Manufacturing.
                                              335222 ............         Household Refrigerator and Home Freezer Manufac-                                                     ″    ″
                                                                             turing.
                                              335224 ............         Household Laundry Equipment Manufacturing ...........                                                ″    ″
                                              335228 ............         Other Major Household Appliance Manufacturing ......                                                 ″    ″
                                              512220 ............         Integrated Record Production/Distribution ..................                                    512250    Record Production and Distribution.
                                                                                                                                                                                    This merges both TRI-covered and non-TRI-covered
                                                                                                                                                                                      NAICS codes. Only 512220 (Integrated Record
                                                                                                                                                                                      Production/Distribution) was covered by TRI. TRI
                                                                                                                                                                                      will note that only the ‘‘Integrated Record Produc-
                                                                                                                                                                                      tion/Distribution’’ facilities under NAICS code
                                                                                                                                                                                      512250 are required to report.
                                              541712 ............         Research and Development in the Physical, Engi-                                                 541713    Research and Development in Nanotechnology.
                                                                           neering, and Life Sciences (except Biotechnology).                                                       This merges both TRI-covered and non-TRI-covered
                                                                                                                                                                                      NAICS codes. Only 541712 (Research and Devel-
                                                                                                                                                                                      opment in the Physical, Engineering, and Life
                                                                                                                                                                                      Sciences (except Biotechnology)) was covered by
                                                                                                                                                                                      TRI. TRI will note that only the ‘‘Research and De-
                                                                                                                                                                                      velopment in the Physical, Engineering, and Life
                                                                                                                                                                                      Sciences (except Biotechnology)’’ facilities under
                                                                                                                                                                                      NAICS code 541713 are required to report. TRI
                                                                                                                                                                                      does not include all facilities classified under
                                                                                                                                                                                      NAICS code 541712, and the same limitations will
                                                                                                                                                                                      be extended to NAICS code 541713.
                                              ″ .......................   ″ ...................................................................................
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                                                                                                                                                                          541715    Research and Development in the Physical, Engi-
                                                                                                                                                                                      neering, and Life Sciences (except Nanotechnol-
                                                                                                                                                                                      ogy and Biotechnology).
                                                                                                                                                                                    TRI does not include all facilities classified under
                                                                                                                                                                                      NAICS code 541712, and the same limitations will
                                                                                                                                                                                      be extended to NAICS code 541715. TRI will
                                                                                                                                                                                      specify which facilities under NAICS code 541715
                                                                                                                                                                                      are required to report.



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                                              39040             Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations

                                                2012 NAICS                                                                              2017 NAICS
                                                                               2012 NAICS and U.S. description                                                     2017 NAICS and U.S. description
                                                   code                                                                                    code

                                              212231 ............   Lead Ore and Zinc Ore Mining ...................................          * 212230   Copper, Nickel, Lead, and Zinc Mining.
                                              212234 ............   Copper Ore and Nickel Ore Mining .............................                   ″   ″
                                                 * A conforming update is also being made to 40 CFR 372.38(h).


                                                Crosswalk tables between all 2012                       qualitative descriptions of SIC codes                   adverse comment, the Agency will
                                              NAICS codes and 2017 NAICS codes                          and does not alter the universe of the                  publish a timely withdrawal in the
                                              can be found on the Internet at http://                   facilities affected by TRI reporting                    Federal Register informing the public
                                              www.census.gov/epcd/www/naics.html.                       requirements. Facilities with questions                 that this direct final action will not take
                                                EPA is also modifying the list of                       regarding the SIC code descriptions                     effect and directing them to the
                                              exceptions and limitations of NAICS                       should refer to the SIC manual,                         proposed rule that appears elsewhere in
                                              codes for TRI reporting purposes in the                   available at: https://www.osha.gov/pls/                 this issue of the Federal Register. EPA
                                              CFR. Because NAICS codes may cross-                       imis/sicsearch.html.                                    would then address all adverse public
                                              reference some SIC codes in both TRI-                                                                             comments in the context of issuing a
                                              covered and non-covered TRI sectors,                      D. Why is EPA taking this action?
                                                                                                                                                                subsequent final rule.
                                              EPA has historically included                                On April 9, 1997, OMB published a                       2. Proposed rule. In addition to this
                                              descriptive text in 40 CFR part 372 to                    Federal Register Notice of final decision               direct final rule, the same amendments
                                              help indicate exceptions and limitations                  (62 FR 17288) to adopt the NAICS                        are presented in a proposed rule that
                                              to TRI coverage for a specific NAICS                      economic classification system,                         appears elsewhere in this issue of the
                                              code in line with the previous SIC code                   replacing the SIC system which had                      Federal Register. As indicated
                                              descriptors. However, NAICS codes are                     traditionally been used by the Federal                  previously, the proposed rule will be
                                              updated every five years, and these                       Government for collecting and                           used in the event that relevant adverse
                                              updates may require EPA to revise this                    organizing industry-related statistics.                 comment is received on the amendment
                                              text describing an exception or                           Consistent with EPCRA, on June 6,                       within this direct final rule.
                                              limitation to the scope of a particular                   2006, EPA amended 40 CFR part 372 to
                                              NAICS code. Consequently, this                            include the 2002 NAICS codes that                       F. What are the incremental impacts of
                                              descriptive text does not always align                    correspond to the SIC codes that are                    this action?
                                              fully with SIC codes’ full descriptions.                  currently subject to section 313 of                       EPA analyzed the potential costs and
                                                For example, historically, 40 CFR part                  EPCRA and section 6607 of the PPA (71                   benefits associated with this action, and
                                              372 would list NAICS code 323211 with                     FR 32464). OMB revises the NAICS                        determined that since this action will
                                              the following exception: ‘‘Exception is                   codes every five years. Therefore, on                   not add or remove any reporting
                                              limited to facilities primarily engaged in                June 9, 2008 (73 FR 32466), EPA                         requirements, there is no net increase in
                                              reproducing text, drawings, plans,                        amended 40 CFR part 372 to include the                  respondent burden or other economic
                                              maps, or other copy, by blueprinting,                     2007 NAICS codes that correspond to                     impacts to consider.
                                              photocopying, mimeographing, or other                     the SIC codes that are currently subject
                                              methods of duplication other than                         to section 313 of EPCRA and section                     G. How do I submit a comment on this
                                              printing or microfilming (i.e., instant                   6607 of the PPA, and again on July 18,                  action?
                                              printing) (previously classified under                    2013 (78 FR 42875), to include the 2012                   Submit your relevant adverse
                                              SIC 7334, Photocopying and Duplicating                    NAICS codes.                                            comments, identified by docket
                                              Services, (instant printing))’’. This                        In the Federal Register on August 4,                 identification (ID) number EPA–HQ–
                                              action simplifies the listing to display                  2015 (80 FR 46480), OMB announced                       OPPT–2007–0197, by one of the
                                              only the SIC code and title rather than                   updated NAICS codes for 2017, and on                    following methods:
                                              include the description: ‘‘Exception is                   August 8, 2016 (81 FR 52584), finalized
                                              limited to facilities previously classified                                                                         • Federal eRulemaking Portal: http://
                                                                                                        and further modified the NAICS codes
                                              under SIC 7334, Photocopying and                                                                                  www.regulations.gov. Follow the online
                                                                                                        for 2017. This direct final action will
                                              Duplicating Services’’.                                                                                           instructions for submitting comments.
                                                                                                        amend 40 CFR part 372 to include
                                                Moving forward, in 40 CFR part 372,                                                                             Do not submit electronically any
                                                                                                        OMB’s revised NAICS codes for 2017.
                                              EPA will not include descriptive text for                                                                         information you consider to be
                                              SIC codes when listing the limitations                    E. How is EPA taking this action?                       Confidential Business Information (CBI)
                                              and exceptions applicable to TRI-                            Given the nature of this action, EPA                 or other information whose disclosure is
                                              covered NAICS codes. Instead, the                         is therefore taking this action by                      restricted by statute.
                                              Agency will simply list the SIC codes,                    publishing this direct final rule and a                   • Mail: Document Control Office
                                              including their titles, as applicable                     Notice of Proposed Rulemaking                           (7407M), Office of Pollution Prevention
                                              limitations and exceptions. Because                       elsewhere in this issue of the Federal                  and Toxics (OPPT), Environmental
                                              exceptions and limitations are included                   Register.                                               Protection Agency, 1200 Pennsylvania
                                              in 40 CFR part 372.23(b) & (c) to align                      1. Direct final rule. Although EPA                   Ave. NW., Washington, DC 20460–0001.
                                              the listing of NAICS codes with the list                  believes that this action is non-                         • Hand Delivery: To make special
                                              of SIC codes covered by TRI reporting                     controversial and is not expected to                    arrangements for hand delivery or
                                              requirements as shown in 40 CFR part                      result in any adverse comments, a direct                delivery of boxed information, please
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                                              372.23(a), the SIC codes rather than the                  final rule provides an opportunity for                  follow the instructions at http://
                                              descriptive text defines the types of                     adverse comment. If EPA receives no                     www.epa.gov/dockets/contacts.html.
                                              facilities covered by TRI. By removing                    adverse comment, the Agency will not                      Additional instructions on
                                              the descriptive text from the exceptions                  take further action on the proposed rule                commenting or visiting the docket,
                                              and limitations listed in these two                       and the direct final rule will become                   along with more information about
                                              paragraphs, this action mitigates                         effective as provided in this action.                   dockets generally, is available at http://
                                              potential confusion caused by                             However, if EPA receives relevant                       www.epa.gov/dockets.


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                                                               Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations                                           39041

                                              II. Statutory and Executive Order                       not significantly or uniquely affect small            by this action would not have potential
                                              Reviews                                                 governments. The action would impose                  disproportionately high and adverse
                                                 Additional information about these                   no enforceable duty on any state, local               human health or environmental effects
                                              statutes and Executive Orders can be                    or tribal governments or the private                  on minority, low-income or indigenous
                                              found at http://www2.epa.gov/laws-                      sector.                                               populations, as specified in Executive
                                              regulations/laws-and-executive-orders.                  E. Executive Order 13132: Federalism                  Order 12898 (59 FR 7629, February 16,
                                                                                                                                                            1994).
                                              A. Executive Order 12866: Regulatory                       This action does not have federalism
                                              Planning and Review and Executive                       implications, as specified in Executive               K. Congressional Review Act (CRA)
                                              Order 13563: Improving Regulation and                   Order 13132 (64 FR 43255, August 10,                     This action is subject to the CRA, 5
                                              Regulatory Review                                       1999). It will not have substantial direct            U.S.C. 801 et seq., and EPA will submit
                                                This action is not a significant                      effects on the states, on the relationship            a rule report to each House of the
                                              regulatory action and was therefore not                 between the national government and                   Congress and to the Comptroller General
                                              submitted to the Office of Management                   the states, or on the distribution of                 of the United States. This action is not
                                              and Budget (OMB) for review under                       power and responsibilities among the                  a ‘‘major rule’’ as defined by 5 U.S.C.
                                              Executive Orders 12866 (58 FR 51735,                    various levels of government.                         804(2).
                                              October 4, 1993) and 13563 (76 FR 3821,                 F. Executive Order 13175: Consultation
                                              January 21, 2011).                                                                                            List of Subjects in 40 CFR Part 372
                                                                                                      and Coordination With Indian Tribal
                                              B. Paperwork Reduction Act (PRA)                        Governments                                             Environmental protection,
                                                                                                        This action does not have tribal                    Community right-to-know, Reporting
                                                 This action does not impose any new                                                                        and recordkeeping requirements, Toxic
                                              information collection burden. Facilities               implications as specified in Executive
                                                                                                      Order 13175 (65 FR 67249, November 9,                 chemicals.
                                              that are affected by the rule are already
                                              required to report their industrial                     2000). This final rule will not impose                  Dated: August 7, 2017,
                                              classification codes on the approved                    substantial direct compliance costs on                Wendy Cleland-Hamnett,
                                              reporting forms under section 313 of                    Indian tribal governments. Thus,                      Acting Assistant Administrator, Office of
                                              EPCRA and 6607 of the PPA. In                           Executive Order 13175 does not apply                  Chemical Safety and Pollution Prevention.
                                              addition, OMB has previously approved                   to this action.
                                                                                                                                                              Therefore, 40 CFR chapter I is
                                              the information collection requirements                 G. Executive Order 13045: Protection of               amended as follows:
                                              contained in 40 CFR part 372 under the                  Children From Environmental Health
                                              provisions of the PRA, 44 U.S.C. 3501                   Risks and Safety Risks                                PART 372—[AMENDED]
                                              et seq., and has assigned OMB control                     This action is not subject to Executive
                                              number 2025–0009 (EPA ICR No. 1363–                     Order 13045 (62 FR 19885, April 23,                   ■ 1. The authority citation for part 372
                                              21) for Form R and Form A. The OMB                      1997) because it is not economically                  continues to read as follows:
                                              control numbers for EPA’s regulations                   significant as defined in Executive
                                              in 40 CFR are listed in 40 CFR part 9.                                                                            Authority: 42 U.S.C. 11023 and 11048.
                                                                                                      Order 12866, and because EPA does not
                                              C. Regulatory Flexibility Act (RFA)                     believe the environmental health or                   ■ 2. Amend § 372.22 by revising the
                                                                                                      safety risks addressed by this action                 introductory text for paragraph (b) to
                                                 EPA certifies that this action will not                                                                    read as follows:
                                                                                                      present a disproportionate risk to
                                              have a significant economic impact on
                                                                                                      children.
                                              a substantial number of small entities                                                                        § 372.22 Covered facilities for toxic
                                              under the RFA, 5 U.S.C. 601 et seq. In                  H. Executive Order 13211: Actions                     chemical release reporting.
                                              making this determination, the impact                   Concerning Regulations That                           *      *    *      *     *
                                              of concern is any significant adverse                   Significantly Affect Energy Supply,                      (b) The facility is in a Standard
                                              economic impact on small entities. An                   Distribution, or Use                                  Industrial Classification (SIC) (as in
                                              agency may certify that a rule will not                   This action is not a ‘‘significant                  effect on January 1, 1987) major group
                                              have a significant economic impact on                   energy action’’ as defined in Executive               or industry code listed in § 372.23(a),
                                              a substantial number of small entities if               Order 13211 (66 FR 28355, May 22,                     for which the corresponding North
                                              the rule relieves regulatory burden, has                2001), because it is not likely to have a             American Industry Classification
                                              no net burden or otherwise has a                        significant adverse effect on the supply,             System (NAICS) (as in effect on January
                                              positive economic effect on the small                   distribution or use of energy.                        1, 2017, for reporting year 2018 and
                                              entities subject to the rule. This direct                                                                     thereafter) subsector and industry codes
                                              final rule adds no new reporting                        I. National Technology Transfer and
                                                                                                      Advancement Act (NTTAA)                               are listed in § 372.23(b) and (c) by
                                              requirements, and there would be no net                                                                       virtue of the fact that it meets one of the
                                              increase in respondent burden. This                        This rulemaking does not involve                   following criteria:
                                              rule would only update the NAICS                        technical standards that would require
                                                                                                                                                            *      *    *      *     *
                                              codes already reported by respondents.                  Agency consideration under NTTAA
                                              This final rule will not impose any                     section 12(d), 15 U.S.C. 272 note.                    ■ 3. Amend § 372.23 by revising
                                              requirements on small entities.                                                                               paragraphs (b) and (c) to read as follows:
                                                                                                      J. Executive Order 12898: Federal
                                              D. Unfunded Mandates Reform Act                         Actions To Address Environmental                      § 372.23 SIC and NAICS codes to which
                                              (UMRA)                                                  Justice in Minority Populations and                   this Part applies.
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                                                This action does not contain any                      Low-Income Populations.                               *     *    *    *    *
                                              unfunded mandate as described in                           EPA has determined that the human                    (b) NAICS codes that correspond to
                                              UMRA, 2 U.S.C. 1531–1538, and does                      health or environmental risk addressed                SIC codes 20 through 39.




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                                              39042              Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations

                                                         Subsector code or                                                                   Exceptions and/or limitations
                                                           industry code

                                              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 Prod-                   Except 312112—Exception is limited to facilities previously classified under SIC 5149, Groceries and Re-
                                                uct Manufacturing.                               lated 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, No-
                                                                                                 tions, and Other Dry Good; and facilities previously classified under SIC 7389, Business Services, Not
                                                                                                 Elsewhere Classified, except facilities primarily engaged in solvent recovery services on a contract or fee
                                                                                                 basis;
                                              314—Textile Product Mills ..............         Except 314120—Exception is limited to facilities previously classified under SIC 5714, Drapery, Curtain,
                                                                                                 and Upholstery Stores;
                                                                                               Except 314999—Exception is limited to facilities previously classified under SIC 7389, Business Services,
                                                                                                 Not Elsewhere Classified, except facilities primarily engaged in solvent recovery services on a contract
                                                                                                 or fee basis;
                                              315—Apparel Manufacturing ..........             Except 315220—Exception is limited to facilities previously classified under SIC 5699, Miscellaneous Ap-
                                                                                                 parel and Accessory Stores;
                                              316—Leather and Allied Product
                                                Manufacturing.
                                              321—Wood Product Manufacturing
                                              322—Paper Manufacturing .............
                                              323—Printing and Related Support                 Except 323111—Exception is limited to facilities previously classified under SIC 7334, Photocopying and
                                                Activities.                                      Duplicating Services;
                                              324—Petroleum and Coal Products
                                                Manufacturing.
                                              325—Chemical Manufacturing ........              Except 325998—Exception is limited to facilities previously classified under SIC 7389, Business Services,
                                                                                                 Not Elsewhere Classified;
                                              326—Plastics and Rubber Products                 Except 326212—Exception is limited to facilities previously classified under SIC 7534, Tire Retreading and
                                                Manufacturing.                                   Repair Shops;
                                              327—Nonmetallic Mineral Product                  Except 327110—Exception is limited to facilities previously classified under SIC 5719, Miscellaneous home
                                                Manufacturing.                                   furnishing Stores;
                                              331—Primary Metal Manufacturing
                                              332—Fabricated Metal Product
                                                Manufacturing.
                                              333—Machinery Manufacturing ......
                                              334—Computer and Electronic                      Except 334614—Exception is limited to facilities previously classified under SIC 7372, Prepackaged Soft-
                                                Product Manufacturing.                           ware; and to facilities previously classified under SIC 7819, Services Allied to Motion Picture Production;
                                              335—Electrical Equipment, Appli-                 Except 335312—Exception is limited to facilities previously classified under SIC 7694, Armature Rewinding
                                                ance, and Component Manufac-                     Shops;
                                                turing.
                                              336—Transportation      Equipment
                                                Manufacturing.
                                              337—Furniture and Related Prod-                  Except 337110—Exception is limited to facilities previously classified under SIC 5712, Furniture Stores;
                                                uct Manufacturing.
                                                                                               Except 337121—Exception is limited to         facilities previously classified under SIC 5712, Furniture Stores;
                                                                                               Except 337122—Exception is limited to         facilities previously classified under SIC 5712, Furniture Stores;
                                              339—Miscellaneous Manufacturing                  Except 339113—Exception is limited to         facilities previously classified under SIC 5999, Miscellaneous Retail
                                                                                                 Stores, Not Elsewhere Classified;
                                                                                               Except 339115—Exception is limited to         lens grinding facilities previously classified under SIC 5995, Optical
                                                                                                 Goods Stores;
                                                                                               Except 339116—Exception is limited to         facilities previously classified under SIC 8072, Dental Laboratories;
                                              111998—All Other Miscellaneous                   Limited to facilities previously classified   under SIC 2099, Food Preparations, Not Elsewhere Classified;
                                                Crop Farming.
                                              113310—Logging ............................
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                                              211112—Natural Gas Liquid Ex-                    Limited to facilities that recover sulfur from natural gas    and previously classified under SIC 2819, Industrial
                                                traction.                                        Inorganic Chemicals, Not Elsewhere Classified;
                                              212324—Kaolin and Ball Clay Min-                 Limited to facilities operating without a mine or quarry      and previously classified under SIC 3295, Minerals
                                                ing.                                             and Earths, Ground or Otherwise Treated;
                                              212325—Mining ..............................     Limited to facilities operating without a mine or quarry      and previously classified under SIC 3295, Minerals
                                                                                                 and Earths, Ground or Otherwise Treated;
                                              212393—Other Chemical and Fer-                   Limited to facilities operating without a mine or quarry      and previously classified under SIC 3295, Minerals
                                                tilizer Mineral Mining.                          and Earths, Ground or Otherwise Treated;



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                                                               Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations                                           39043

                                                       Subsector code or                                                              Exceptions and/or limitations
                                                         industry code

                                              212399—All Other Nonmetallic Min-          Limited to facilities operating without a mine or quarry and previously classified under SIC 3295, Minerals
                                                eral Mining.                               and Earths, Ground or Otherwise Treated;
                                              488390—Other Support Activities            Limited to facilities previously classified under SIC 3731, Shipbuilding and Repairing;
                                                for Water Transportation.
                                              511110—Newspaper Publishers ....
                                              511120—Periodical Publishers .......
                                              511130—Book Publishers ..............
                                              511140—Directory and Mailing List          Except facilities previously classified under SIC 7331, Direct Mail Advertising Services;
                                                Publishers.
                                              511191—Greeting Card Publishers
                                              511199—All Other Publishers ........
                                              512230—Music Publishers .............      Except facilities previously classified under SIC 8999, Services, Not Elsewhere Classified;
                                              512250—Record Production and               Limited to facilities previously classified under SIC 3652, Phonograph Records and Prerecorded Audio
                                                Distribution.                              Tapes and Disks;
                                              519130—Internet Publishing and             Limited to Internet publishing facilities previously classified under SIC 2711, Newspapers: Publishing, or
                                                Broadcasting and Web Search                Publishing and Printing; facilities previously classified under SIC 2721, Periodicals: Publishing, or Pub-
                                                Portals.                                   lishing 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 Develop-               Limited to facilities previously classified under SIC 3764, Guided Missile and Space Vehicle Propulsion
                                                ment in Nanotechnology.                    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 Develop-               Limited to facilities previously classified under SIC 3764, Guided Missile and Space Vehicle Propulsion
                                                ment in the Physical, Engineer-            Units and Propulsion Unit Parts; and facilities previously classified under SIC 3769, Guided Missile and
                                                ing, and Life Sciences (except             Space Vehicle Parts and Auxiliary Equipment, Not Elsewhere Classified;
                                                Nanotechnology     and     Bio-
                                                technology).
                                              811490—Other     Personal    and           Limited to facilities previously classified under SIC 3732, Boat Building and Repairing.
                                                Household Goods Repair and
                                                Maintenance.



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

                                                   Subsector or industry code                                                         Exceptions and/or limitations

                                              212111—Bituminous Coal and Lig-
                                                nite Surface Mining.
                                              212112—Bituminous Coal and Un-
                                                derground Mining.
                                              212113—Anthracite Mining .............
                                              212221—Gold Ore Mining ..............
                                              212222—Silver Ore Mining .............
                                              212230—Copper, Nickel, Lead, and
                                                Zinc Mining.
                                              212299—Other Metal Ore Mining ...
                                              221111—Hydroelectric Power Gen-            Limited to   facilities that combust coal and/or oil for the purpose of generating power for distribution in com-
                                                eration.                                   merce.
                                              221112—Fossil Fuel Electric Power          Limited to   facilities that combust coal and/or oil for the purpose of generating power for distribution in com-
                                                Generation.                                merce.
                                              221113—Nuclear Electric Power              Limited to   facilities that combust coal and/or oil for the purpose of generating power for distribution in com-
                                                Generation.                                merce.
                                              221118—Other      Electric  Power          Limited to   facilities that combust coal and/or oil for the purpose of generating power for distribution in com-
                                                Generation.                                merce.
                                              221121—Electric      Bulk   Power          Limited to   facilities that combust coal and/or oil for the purpose of generating power for distribution in com-
                                                Transmission and Control.                  merce.
                                              221122—Electric Power Distribution         Limited to   facilities that combust coal and/or oil for the purpose of generating power for distribution in com-
                                                                                           merce.
                                              221330—Steam and Air Condi-                Limited to   facilities previously classified under SIC 4939, Combination Utility Services, Not Elsewhere Clas-
                                                tioning Supply.                            sified.
                                              424690—Other Chemical and Allied
                                                Products Merchant Wholesalers.
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                                              424710—Petroleum Bulk Stations
                                                and Terminals.
                                              425110—Business to Business                Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Clas-
                                                Electronic Markets.                        sified
                                              425120—Wholesale Trade Agents              Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Clas-
                                                and Brokers.                               sified.
                                              562112—Hazardous Waste Collec-             Limited to facilities primarily engaged in solvent recovery services on a contract or fee basis and previously
                                                tion.                                      classified under SIC 7389, Business Services, Not Elsewhere Classified;



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                                              39044            Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations

                                                   Subsector or industry code                                                          Exceptions and/or limitations

                                              562211—Hazardous Waste Treat-              Limited   to facilities   regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C.
                                                ment and Disposal.                         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              Limited   to facilities   regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C.
                                                and Incinerators.                          6921    et seq.
                                              562219—Other        Nonhazardous           Limited   to facilities   regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C.
                                                Waste Treatment and Disposal.              6921    et seq.
                                              562920—Materials Recovery Facili-          Limited   to facilities   regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C.
                                                ties.                                      6921    et seq.



                                              ■ 4. Amend § 372.38 by revising                         2,000 fur seals for St. Paul Island and                background information related to these
                                              paragraph (h) to read as follows:                       300 to 500 fur seals for St. George                    estimates.
                                                                                                      Island.
                                              § 372.38    Exemptions.                                                                                        Summary of Changes From Proposed
                                              *     *    *      *     *                               DATES:  Effective September 18, 2017.                  Annual Harvest Estimates
                                                (h) Metal mining overburden. If a                     ADDRESSES: Two Final Environmental
                                                                                                                                                                NMFS did not make any changes from
                                              toxic chemical that is a constituent of                 Impact Statements (EISs), one Draft EIS,               the proposed notice of annual harvest
                                              overburden is processed or otherwise                    annual subsistence harvest reports, and                levels. The harvest levels for each island
                                              used by facilities in SIC code 10, or in                other references are available on the                  remain the same and therefore the
                                              NAICS codes 212221, 212222, 212230 or                   Internet at the following address:                     annual harvest levels remain 1,645 to
                                              212299, a person is not required to                     https://alaskafisheries.noaa.gov/pr/fur-               2,000 fur seals for St. Paul Island and
                                              consider the quantity of the toxic                      seal.                                                  300 to 500 fur seals for St. George
                                              chemical so processed, or otherwise                     FOR FURTHER INFORMATION CONTACT:                       Island.
                                              used when determining whether an                        Michael Williams, NMFS Alaska
                                              applicable threshold has been met                                                                              Comments and Response
                                                                                                      Region, 907–271–5117,
                                              under § 372.25, § 372.27, or § 372.28, or               michael.williams@noaa.gov.                               NMFS received nine distinct
                                              determining the amounts to be reported                  SUPPLEMENTARY INFORMATION:                             comments from four parties on the
                                              under § 372.30.                                                                                                notice of the 2017–2019 proposed
                                              [FR Doc. 2017–17413 Filed 8–16–17; 8:45 am]
                                                                                                      Background                                             annual harvest estimates (82 FR 22797;
                                              BILLING CODE 6560–50–P                                     The Eastern Pacific stock of northern               May 18, 2017). A summary of the
                                                                                                      fur seals (fur seals) is considered                    comments received and NMFS’s
                                                                                                      depleted under the Marine Mammal                       responses follows.
                                              DEPARTMENT OF COMMERCE                                  Protection Act (MMPA), 16 U.S.C. 1361,                   Comment 1: In an effort to stabilize
                                                                                                      et seq. The subsistence harvest from this              the ecosystems, only indigenous people
                                              National Oceanic and Atmospheric                        stock on the Pribilof Islands is governed              should be allowed to take part in these
                                              Administration                                          by regulations found in 50 CFR part 216,               kills and every effort should be made to
                                                                                                      subpart F, published under the                         establish a line of communication with
                                              50 CFR Part 216                                         authority of the Fur Seal Act (FSA), 16                indigenous leaders regarding concerns
                                                                                                      U.S.C. 1151, et seq. Pursuant to 50 CFR                of human influence and its effects on
                                              [Docket No. 170303228–7752–02]
                                                                                                      216.72(b), every three years NMFS must                 the ecosystem. Removing fur seals could
                                              RIN 0648–BG71                                           publish in the Federal Register a                      result in an increase in lower trophic
                                                                                                      summary of the Pribilovians’ fur seal                  levels and a decrease in higher trophic
                                              Subsistence Taking of Northern Fur                      harvest for the previous three-year                    levels.
                                              Seals on the Pribilof Islands; Final                    period. NMFS is also required to                         Response 1: Pursuant to the Fur Seal
                                              Annual Subsistence Harvest Levels for                   include an estimate of the number of fur               Act, 16 U.S.C. 1152, ‘‘it is unlawful,
                                              2017–2019                                               seals expected to satisfy the subsistence              except as provided in the chapter or by
                                              AGENCY:  National Marine Fisheries                      requirements of Pribilovians in the                    regulation of the Secretary, for any
                                              Service (NMFS), National Oceanic and                    subsequent three-year period. After a                  person or vessel subject to the
                                              Atmospheric Administration (NOAA),                      30-day comment period, NMFS must                       jurisdiction of the United States to
                                              Commerce.                                               publish a final notification of the                    engage in the taking of fur seals in the
                                              ACTION: Notice; Final annual fur seal                   expected annual harvest levels for the                 North Pacific Ocean or on lands or
                                              subsistence harvest levels.                             next three years.                                      waters under the jurisdiction of the
                                                                                                         On May 18, 2017 (82 FR 22797),                      United States . . .’’ Regulations issued
                                              SUMMARY:   Pursuant to the regulations                  NMFS published the summary of the                      under the authority of the Fur Seal Act
                                              governing the subsistence taking of                     2014–2016 fur seal harvests and                        authorize Pribilovians to take fur seals
                                              North Pacific fur seals (Callorhinus                    provided a 30-day comment period on                    on the Pribilof Islands if such taking is
                                              ursinus) (northern fur seals), NMFS is                  the estimates of the number of fur seals               for subsistence uses and not
                                              publishing the expected harvest levels                  expected to be taken annually to satisfy               accomplished in a wasteful manner (50
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                                              from 2017–2019 on St. George and St.                    the subsistence requirements of the                    CFR 216.71). NMFS works in
                                              Paul Islands, Alaska (the Pribilof                      Pribilovians of each island for 2017–                  partnership with the Pribilovians under
                                              Islands) to satisfy subsistence                         2019. In that notice, NMFS estimated                   co-management agreements pursuant to
                                              requirements of the Alaska Natives                      the annual subsistence needs for 2017–                 the Marine Mammal Protection Act to
                                              residing on the Pribilof Islands                        2019 would be 1,645 to 2,000 fur seals                 discuss human influences on the
                                              (Pribilovians). NMFS is establishing the                for St. Paul Island and 300 to 500 fur                 ecosystem and issues of concern for the
                                              2017–2019 harvest levels at 1,645 to                    seals for St. George Island and provided               northern fur seal population on the


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Document Created: 2017-08-17 01:43:01
Document Modified: 2017-08-17 01:43:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis final rule is effective on November 15, 2017 without further notice, unless EPA receives adverse comment by September 18, 2017. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect and directing them to the Notice of Proposed Rulemaking that appears elsewhere in this issue of the Federal Register.
ContactFor technical information contact: Stephanie Griffin, Toxics Release Inventory Program Division, Mailcode 7410M, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
FR Citation82 FR 39038 
RIN Number2070-AK32
CFR AssociatedEnvironmental Protection; Community Right-To-Know; Reporting and Recordkeeping Requirements and Toxic Chemicals

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