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13872
Federal Register
/Vol. 68, No. 55/Friday, March 21, 2003/Proposed Rules
ENVIRONMENTAL PROTECTIONAGENCY40 CFR Part 372
[TRI
 –
2002
 –
0003; FRL
 –
7469
 –
7]RIN 2025
 –
AA10
Community Right-to-Know; ToxicChemical Release Reporting UsingNorth American Industry ClassificationSystem (NAICS); Comment Request
AGENCY
:
Environmental ProtectionAgency (EPA).
ACTION
:
Proposed rule.
SUMMARY
:
On April 9, 1997, the Officeof Management and Budget (OMB)
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13873
Federal Register
/Vol. 68, No. 55/Friday, March 21, 2003/Proposed Rules
published a
Federal Register
Notice of final decision to adopt the NorthAmerican Industry ClassificationSystem (NAICS) for the United States.NAICS is a new industry classificationsystem that will replace the StandardIndustrial Classification (SIC) systemthat has traditionally been used bygovernment agencies for collectingstatistical data and for otheradministrative and regulatory purposes.Under section 313 of the EmergencyPlanning and Community Right-to-Know Act of 1986 (EPCRA) and section6607 of the Pollution Prevention Act of 1990 (PPA), facilities that are classifiedin specified SIC codes are subject toToxics Release Inventory (TRI)reporting. In this notice, EPA isproposing to include in the regulationsthe NAICS codes that correspond to theSIC codes that are currently subject tothe TRI reporting requirements. EPA isalso proposing that faciliteis that aresubject to TRI reporting requirementsreport both SIC and NAICS codes onEPCRA section 313 reporting forms forthe first full reporting period after theeffective date of the final rule.Thereafter, facilities that are subject toTRI reporting requirements would berequired to report their NAICS codesonly. Finally, EPA is proposing toamend the regulations to extend theexemption provided therein to ownersof covered facilities who lease, with noother business interest, such facilities tooperators of establishments that areclassified in any SIC code or NAICScode that is subject to TRI requirements.EPA is soliciting comments on theseproposals and on a list of NAICS codesthat will correspond to the SIC codesthat are currently subject to TRIreporting requirements.
DATES
:
Written comments, identified bythe docket control number
OEI–10017,
 must be received by EPA on or beforeMay 20, 2003.
ADDRESSES
:
Comments may besubmitted by mail: Send three copies of your comments to: Document ControlOffice, Office of EnvironmentalInformation (OEI), U.S. EnvironmentalProtection Agency, 1200 PennsylvaniaAve., NW., Washington, DC 20460.Comments may also be submittedelectronically, or in person. Pleasefollow the detailed instructions for eachmethod as provided in Unit I.C and I.D.of the
SUPPLEMENTARY INFORMATION
 section of this document.
FOR FURTHER INFORMATION CONTACT
:
Forgeneral information on TRI, contact theEmergency Planning and CommunityRight-to-Know Hotline at (800) 424
9346 or (703) 412
9810, TDD (800) 553
7672,
http://www.epa.gov/epaoswer/ hotline/.
For specific information onthis rulemaking contact: Judith Kendall,Toxics Releases Inventory ProgramDivison (2844), OEI, EnvironmentalProtection Agency, Ariel Rios Building,1200 Pennsylvania Ave. NW.,Washington, DC 20460, Telephone:202
566
0750; Fax: 202
566
0741;email:
kendall.judith@epamail.epa.gov.
SUPPLEMENTARY INFORMATION
:
I. General Information
A. Does This Notice Apply to Me? 
Entities that may be affected by thisaction are those facilities that have 10 ormore full time employees or theequivalent 20,000 hours per year, thatmanufacturer, process, or otherwise usecertain toxic chemicals listed on theToxics Release Inventory (TRI), andwhich are required under section 313 of the Emergency Planning andCommunity Right-to-Know Act of 1986(EPCRA) and section 6607 of thePollution Prevention Act (PPA) to reportannually to EPA and States theirenvironmental releases and other wastemanagement quantities of suchchemicals. Under Executive Order13148, revised April 26, 2000 (65 FR24599), all of federal facilities are tocomply with the provisions set forth inSection 313 of EPCRA and section 6607of the PPA. Federal facilities are tocomply with those provisions withoutregard to SIC or NAICS delineations.Potentially affected categories andentities may include, but are not limitedto:
Category Examples of potentially affected entitiesIndustry.................................SIC major group codes 10 (except 1011, 1081, and 1094), 12 (except 1241), or 20 through 39; industry codes4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power fordistribution in commerce); or 4953 (limited to facilities regulated under the Resource Conservation and Recov-ery Act, subtitle C, 42 U.S.C. section 6921 et. seq.), or 5169, or 5171, or 7389 (limited to facilities primarily en-gaged in solvent recovery services on a contract or fee basis).Federal Government............Federal facilities.
This table is not intended to beexhaustive, but rather provides a guidefor readers regarding likely to beaffected by this action. Other types of entities are listed in the table could also be affected. To determine whether yourfacility would be affected by this action,you should carefully examine theapplicability criteria in part 372, subpartB of Title 40 of the Code of FederalRegulations. If you have questionsregarding the applicability of this actionto a particular entity, consult the personlisted in the
FOR FURTHER INFORMATION
 
CONTACT
section.
B. How Can I Get Copies of ThisDocument and Other Related Information? 
1.
In person.
EPA has established anofficial public docket for this actionunder Docket ID No. TRI
2002
0003.The official public docket consists of thedocuments specifically referenced inthis action, any public commentsreceived, and other information relatedto this action. Although a part of thisofficial docket, the public docket doesnot include Confidential BusinessInformation (CBI) or other informationwhose disclosure is restricted by statute.The official public docket is thecollection of materials that is availablefor public viewing at the OEI Docket inthe EPA Docket Center, (EPA/DC) EPAWest, Room B102, 1301 ConstitutionAve., NW., Washington, DC. The EPADocket Center Pubic Reading Room isopen from 8:30 a.m. to 4:30 p.m.,Monday through Friday, excluding legalholidays. The telephone number for thePublic Reading Room is (202) 566
1744,and the telephone number for the OEIDocket is (202) 566
1752.2.
Electronic Access.
You may accessthis
Federal Register
documentelectronically through the EPA Internetunder the
Federal Register
listings at
http://www.epa.gov/fedrgstr/.
An electronic version of the publicdocket is available through EPA
selectronic public docket and commentsystem, EPA Dockets. You may use EPADockets at
http:www.epa.gov/edocket/ 
 to submit or view public comments,access the index listing of the contentsof the official public dockets, and toaccess those documents in the publicdocket that are available electronically.Once in the system, select
‘‘
search,
’’
 then key in the appropriate docketidentification number.Certain types of information will not be placed in the EPA Docket.
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13874
Federal Register
/Vol. 68, No. 55/Friday, March 21, 2003/Proposed Rules
Information claimed as CBI and otherinformation whose disclosure isrestricted by statute, which is notincluded in the official public docket,will not be available for public viewingin EPA
s electronic public docket. EPA
spolicy is that copyrighted material willnot be placed in EPA
s electronic publicdocket but will be available only inprinted, paper form in the official publicdocket. To the extend feasible, publiclyavailable docket materials will be madeavailable in EPA
s electronic publicdocket. When a document is selectedfrom the index list in EPA Dockets, thesystem will identify whether thedocument is available for viewing inEPA
s electronic public docket.Although not all docket materials may be available electronically, you may stillaccess any of the publicly availabledocket materials through the docketfacility identified in Unit I.B. EPAintends to work towards providingelectronic access to all of the publiclyavailable docket materials throughEPA
s electronic public docket.For public commenters, it isimportant to note that EPA
s policy isthat public comments, whethersubmitted electronically or in paper,will be made available for publicviewing in EPA
s electronic publicdocket as EPA receives them andwithout change, unless the commentcontains copyrighted material, CBI, orother information whose disclosure isrestricted by statute. When EPAidentifies a comment containingcopyrighted material, EPA will provideda reference to that material in theversion of the comment that is placed inEPA
s electronic public docket. Theentire printed comment, including thecopyrighted material, will be availablein the public docket.Public comments submitted oncomputer disks that are mailed ordelivered to the docket will betransferred to EPA
s electronic publicdocket. Public comments that aremailed or delivered to the Docket will be scanned and placed in EPA
selectronic public docket. Wherepractical, physical objects will bephotographed, and the photograph will be placed in EPA
s electronic publicdocket along with a brief descriptionwritten by the docket staff.For additional information aboutEPA
s electronic public docket visit EPADockets online or see 67 FR 38102, May31, 2002.
C. How and to Whom Do I Submit Comments? 
You may submit commentselectronically, by mail, or through handdelivery/courier. To ensure properreceipt by EPA, identify the appropriatedocket identification number (
i.e.,
‘‘ 
TRI 
– 
2002
– 
2003
) in the subject line on thefirst page of your comment. Pleaseensure that your comments aresubmitted within the specified commentperiod. Comments received after theclose of the comment period will bemarked
‘‘
late.
’’
EPA is not required toconsider these late comments. If youwish to submit CBI or information thatis otherwise protected by statute, pleasefollow the instructions in Unit I.D. Donot use EPA Dockets or e-mail to submitCBI or information protected by statute.1.
Electronically.
If you submit anelectronic comment as prescribed below, EPA recommends that youinclude your name, mailing address,and an e-mail address or other contactinformation in the body of yourcomment. Also include this contactinformation on the outside of any diskor CD ROM you submit, and in anycover letter accompanying the disk orCD ROM. This ensures that you can beidentified as the submitter of thecomment and allows EPA to contact youin case EPA cannot read your commentdue to technical difficulties or needsfurther information on the substance of your comment. EPA
s policy is that EPAwill not edit your comment, and anyidentifying or contact informationprovided in the body of a comment will be included as part of the comment thatis placed in the official public docket,and made available in EPA
s electronicpublic docket. If EPA cannot read yourcomment due to technical difficultiesand cannot contact you for clarification,EPA may not be able to consider yourcomment.i.
EPA Dockets.
Your use of EPA
selectronic public docket to submitcomments to EPA electronically isEPA
s preferred method for receivingcomments. Go directly to EPA Docketsat
http://www.epa.gov/edocket,
andfollow the online instructions forsubmitting comments. To access EPA
selectronic public docket from the EPAInternet Home Page, select
‘‘
InformationSources,
’’
 
‘‘
Dockets,
’’
and
‘‘
EPADockets.
’’
Once in the system, select
‘‘
search,
’’
and then key in Docket ID No.TRI
2003
0003. The system is an
‘‘
anonymous access
’’
system, whichmeans EPA will not know your identity,e-mail address, or other contactinformation unless you provide it in the body of your comment.ii.
E-mail.
Comment may be sent byelectronic mail (e-mail) to
oei.docket@epa.gov.
Attention DocketID No. TRI
2002
0003. In contrast toEPA
s electronic public docket, EPA
s e-mail system is not an
‘‘
anonymousaccess
’’
system. If you send an e-mailcomment directly to the Docket withoutgoing through EPA
s electronic publicdocket, EPA
s e-mail systemautomatically captures your e-mailaddress. E-mail addresses that areautomatically captured by EPA
s e-mailsystem are included as part of thecomment that is placed in the officialpublic docket, and made available inEPA
s electronic public docket.iii.
Disk or CD ROM.
You may submitcomments on a disk or CD ROM thatyou mail to the mailing addressidentified in Unit I.C.2. These electronicsubmissions will be accepted inWordPerfect or ASCII file format. Avoidthe use of special characters and anyform of encryption. All comments anddata in electronic form must beidentified by the docket control number
TRI 
– 
2002
– 
0003.
Electronic commentson this document may also be filedonline at many Federal DepositoryLibraries.2.
By Mail.
Send three copies of yourcomments to: Document Control Office,Office of Environmental Information(OEI), U.S. Environmental ProtectionAgency, 1200 Pennsylvania Ave., NW.,Washington, DC 20460.3.
By Hand Delivery or Courier.
 Comments may be delivered in personor by courier to: EPA Docket Center(EPA/DC) EPA West, Room B102, 1301Constitution Ave., NW., Washington,DC, attention Docket ID No. TRI
2002
0003.
D. How Should I Handle CBI Information That I Want To Submit tothe Agency? 
All comments which containinformation claimed as CBI must beclearly marked as such. Three sanitizedcopies of any comments containinginformation claimed as CBI must also besubmitted and will be placed in thepublic record for this document.Persons submitting information anyportion of which they believe is entitledto treatment as CBI by EPA must asserta business confidentiality claim inaccordance with 40 CFR 2.203(b) foreach such portion. This claim must bemade at the time that the information issubmitted to EPA. Information covered by such a claim will be disclosed byEPA only to the extent, and by meansof the procedures set forth in 40 CFRpart 2, subpart B. If a confidentialityclaim does not accompany theinformation when it is received by EPA,the information may be made availableto the public by EPA without furthernotice to the submitter.
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