EPA Adopts 2017 NAICS Codes Revisions for Toxic Release Inventory Reporting

On August 17, 2017 the Environmental Protection Agency (EPA) issued both a direct final rule and a proposed rule in the Federal Register to update the list of North American Industrial Classification System (NAICS) codes subject to reporting under the Toxics Release Inventory (TRI). This amendment reflects the Office of Management and Budget 2017 NAICS code revision. With this rule, entities would be required to use the 2017 NAICS codes when reporting to TRI beginning with the forms due July 1, 2018, which covers releases and other waste management quantities for the 2017 calendar year. In addition to the code revision, EPA also modifies the list of exceptions and limitations associated with NAICS codes in the CFR for TRI reporting by deleting the descriptive text, and instead only referencing the SIC code and title. EPA believes these changes are non-controversial, and does not expect to receive adverse comments. If EPA does receive adverse comments, it will withdraw the direct final rule and move forward with the proposed rule. If the direct final rule does not receive adverse comments, it will become effective November 15, 2017. Public comments will be accepted through September 18, 2017.

The NAICS code revision will require some facilities to revise their reported NAICS code. The table below identifies the revised TRI NAICS codes. If EPA does not receive an adverse comment, the changes will become effective November 15, 2017. If EPA does receive an adverse comment, the direct final rule will be withdrawn, and will instead proceed under the proposed rule issued concurrently with the direct final rule.

 

2012 NAICS code2012 NAICS and U.S. description2017 NAICS code2017 NAICS and U.S. description
333911Pump and Pumping Equipment Manufacturing333914Measuring, Dispensing, and Other Pumping Equipment Manufacturing
333913Measuring and Dispensing Pump Manufacturing
335221Household Cooking Appliance Manufacturing335220Major Household Appliance Manufacturing
335222Household Refrigerator and Home Freezer Manufacturing
335224Household Laundry Equipment Manufacturing
335228Other Major Household Appliance Manufacturing
512220Integrated Record Production/Distribution512250Record Production and Distributio0n. 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.
541712Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology)541713Research and Development in Nanotechnology. This merges both TRI-covered 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.
541715Research 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.
212231Lead Ore and Zinc Ore Mining*

212230

Copper, Nickel, Lead, and Zinc Mining
212234Copper Ore and Nickel Ore Mining

* A conforming update is also being made to 40 CFR 372.38(h).

Sources:

EPA, Direct Final Rule, Community Right-To-Know; Adopting 2017 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting, 82 FR 39038, August 17, 2017

EPA, Proposed Rule, Community Right-To-Know; Adopting 2017 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting, 82 FR 39101, August 17, 2017