US EPA proposed a rulemaking on July 22
to update the list of NAICS codes used as part of Toxics Release Inventory (TRI) reporting.
Starting with reports due July 1, 2023, designated facilities must use the 2022 codes. The Office of Management and Budget (OMB) updates the list of NAICS codes every five years. EPA typically follows suit by updating the list of codes in its TRI reporting regulations, listed in 40 CFR 372.23(b).
What's Changing for Reporting Year 2022?
EPA includes a list of revised TRI reporting NAICS codes in the proposed rule, beginning on page 43774.
Industries that must use a new NAICS code on their 2023 TRI reporting include apparel mills and manufacturing, paper mills; mining (coal, gold, silver, fertilizer minerals, and others); and manufacturers of printing machinery, industrial machinery, optical instruments and lenses, photographic and photocopying equipment, light fixtures and lamp bulbs, batteries, cars and trucks, and others.
In addition to the revised NAICS codes, various new requirements will impact TRI reports due July 1, 2023.
Those reports must include per- and polyfluoroalkyl substances (PFAS) added to the list of reportable substances in recent years—including five added by Final Rule on July 18, 2022.
Natural gas processing (NGP) facilities that receive and refine natural gas are now subject to TRI reporting
, as are certain contract sterilization facilities that use ethylene oxide
What is Toxics Release Inventory (TRI) Reporting?
Often referred to as “SARA 313” or “Form R,” annual TRI reporting is meant to account for the various ways that toxic chemicals "enter the environment," including amounts released to the air or water and those treated, disposed of, recycled on site, or sent away for treatment, disposal, or recycling.
The “Toxic Chemical Release Reporting” rules are found in 40 CFR Part 372.
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