On July 18, 2013, EPA issued both a Proposed Rule (78 FR 42910) and a Direct Final Rule (78 FR 42875 h) to require businesses to refer to the 2012 version of the North American Industry Classification System (NAICS) when filing their Toxic Release Inventory (TRI). This change applies to TRI reports due July 1, 2014, which will cover releases and other activities for the 2013 calendar year.
What Is TRI?
EPA requires facilities in certain NAICS codes that have 10 or more full-time employees or the equivalent 20,000 hours worked per year that manufacture, process, or otherwise use toxic chemicals listed in 40 CFR 372.64 to report on the TRI.
What Is Changing?
The Office of Management and Budget (OMB) revises the NAICS every five years, with the 2012 revision being the most recent. Therefore, EPA must make sure the NAICS codes it list in 40 CFR 372 conform to the OMB’s system. In the published rule, EPA has said that “updating the list of NAICS codes to reflect the 2012 OMB NAICS revision will not change the universe of facilities that are currently required to report to EPA and the States” and that “TRI reporting requirements will not change as a result of this direct final rule. This rule will simply revise the NAICS codes to reflect the OMB NAICS 2012 revision.”
The July 18th rulemakings primarily revise 40 CFR 372.23, paragraphs (b) and (c). The changes in paragraph (b) of the new rule largely relate to facilities that are excepted from TRI reporting. These include certain facilities listed in: 311 (food manufacturing), 312 (Beverage and Tobacco Product Manufacturing), 313 (Textile mills), 314 (Textile Product Mills), 315 (Apparel Manufacturing), 323 (Printing and Related Support Activities), 327 (Nonmetallic Mineral Product Manufacturing), and 334 (Computer and Electronic Product Manufacturing). The exact revisions can be found in the Direct Final Rule.
The only change in paragraph (c), designating TRI facilities in non-traditional industry sectors, is to limit the application of NAICS Code 221118 (Other Electric Power Generation) “…to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.” Previously, the NAICS code for this category had been 221119.