Summer 2006-11 EPA switching industry codes for toxic release inventory reporting

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Number 64
Summer 2006

EPA switching industry codes for toxic release inventory reporting

The U.S. Environmental Protection Agency will amend federal regulations under the Emergency Planning and Community Right-to-Know Act and the Pollution Prevention Act to include the use of North American Industry Classification System ("NAICS") codes for its toxic release inventory reporting requirements.


The NAICS codes will eventually replace the Standard Industrial Classification ("SIC") codes currently in use. These codes are economic classification systems that the federal government uses to collect and analyze industry-related statistics.


The final rule, which takes effect August 5, 2006, calls for affected facilities (those industries and federal facilities with ten or more full-time employees that manufacture, process, or otherwise use listed toxic chemicals) to report NAICS codes beginning with the toxic release inventory reporting forms that are due at EPA and the corresponding state agency on or before July 1, 2007. Toxic release inventory reports cover environmental releases and other waste management information involving certain chemicals from affected facilities for the preceding calendar year.

√ Note:

The final rule may be found at 68 F.R. 13,872.

"§ 372.38 -- Exemptions.

"(e) Certain owners of leased property. The owner of a covered facility is not subject to reporting under § 372.30 if such owner's only interest in the facility is ownership of the real estate upon which the facility is operated. This exemption applies to owners of facilities such as industrial parks, all or part of which are leased to persons who operate establishments in any SIC code or NAICS code in § 372.23 that is subject to the requirement of this part, where the owner has no other business interest in the operation of the covered facility."

© 2006 Goldman Antonetti & Cordova, LLC