[Federal Register: March 6, 2008 (Volume 73, Number 45)]
[Proposed Rules]
[Page 12045-12053]
[DOCID:fr06mr08-17]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-TRI-2007-0318; FRL-8539-5]
RIN 2025-AA22

Community Right-to-Know; Corrections and 2007 Updates to the
Toxics Release Inventory (TRI) North American Industry Classification
System (NAICS) Reporting Codes; Proposed Rule; Request for Public
Comments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend the regulations to make certain
updates and corrections. EPA is proposing to update the list of North
American Industry Classification System (NAICS) codes subject to
reporting under the Toxics Release Inventory (TRI) to reflect the
Office of Management and Budget (OMB) 2007 NAICS revision. Facilities
would be required to report to TRI using 2007 NAICS codes beginning
with TRI reporting forms that are due on July 1, 2009, covering
releases and other waste management quantities for the 2008 calendar
year. EPA is also proposing to make corrections to the list of NAICS
codes subject to reporting under TRI that was published on June 6,
2006, in the final rule adopting NAICS for TRI reporting and to correct
a longstanding typographical error in the regulatory text.

DATES: Written comments must be received by April 7, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
TRI-2007-0318, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>
     Mail: OEI Docket, Environmental Protection Agency,
Mailcode 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA/DC, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC 20460. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-TRI-
2007-0318. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information for which
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters or any form of encryption and must be
free of any defects or viruses. For additional information about EPA's
public docket, visit the EPA Docket Center homepage at http://
www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
for which disclosure is restricted by statute. Certain other materials,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the OEI
Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The Public
Reading Room is open Monday through Friday, excluding legal holidays.
The telephone number for the Public Reading Room is<PHONE_NUMBER>, and
the telephone number for the OEI Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For general information on TRI,
contact the Emergency Planning and Community Right-to-Know Hotline at
(800) 424-9346 or<PHONE_NUMBER>, TDD<PHONE_NUMBER>, http://
www.epa.gov/epaoswer/hotline/. For specific information on this
rulemaking contact: Judith Kendall, Toxics Release Inventory Program
Division, Mailcode 2844T, OEI, Environmental Protection Agency, Ariel
Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
Telephone:<PHONE_NUMBER>; Fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Why is EPA Issuing this Proposed Rule?

    EPA is proposing to update the list of North American Industry
Classification System (NAICS) codes subject to reporting under the
Toxics Release Inventory (TRI) to reflect the Office of Management and
Budget (OMB) 2007 NAICS revision. OMB's Notice of March 16, 2006,
states that ``data published for reference years beginning on or after
January 1, 2007, should be published using the 2007 NAICS United States
Codes.'' 71 FR 28532.
    EPA is also proposing to make corrections to the list of TRI-
covered NAICS codes from the 2006 TRI NAICS rule. Certain items that
should have been included in the final list of NAICS codes subject to
TRI reporting were inadvertently omitted from the final list. Unrelated
to the NAICS rule, EPA is using this opportunity to correct a
longstanding error in the regulations that refers to section 372.17
when, in fact, the reference should be 40 CFR 372.30.
    The updated list of TRI-covered NAICS codes is listed in 40 CFR

372.23(b) ``NAICS codes that correspond to SIC codes 20 through 39'',
and (c) ``NAICS codes that correspond to SIC codes other than SIC codes
20 through 39.'' Labels have been added to the 3-digit subsector codes
and the 6-digit national industry codes to provide descriptions of the
NAICS industries that are covered for TRI. These labels are being added
for clarification purposes, and they are identical to the labels that
appear in the OMB NAICS manual, Executive Office of the President,
Office of Management and Budget, North American Industry Classification
System, United States, 2007, Bernan, a division of The Kraus
Organization Limited, 2007.

II. Does This Action Apply to Me?

    Entities that may be affected by this action are those facilities
that have 10 or more full-time employees or the equivalent 20,000 hours
per year that manufacture, process, or otherwise use toxic chemicals
listed on the TRI, and that are required under section 313 of the
Emergency Planning and Community Right-to-Know Act (EPCRA) and section
6607 of the Pollution Prevention Act (PPA) to report annually to EPA
and States their environmental releases and other waste management
quantities of covered chemicals. Under Executive Order 13423, published
on January 24, 2007 (72 FR 3919), all federal facilities are required
to comply with the provisions set forth in Section 313 of EPCRA and
section 6607 of the PPA. On April 2, 2007, the White House Council on
Environmental Quality (CEQ) issued Instructions for Implementing
Executive Order 13423, including annual reporting to the TRI program.
Executive departments and agencies are required to implement the
activities described in the instructions in accordance with sections 1,
2, 3 and 4(b) of the Executive Order.
    To determine whether your facility is affected by this action, you
should carefully examine the applicability criteria in part 372,
subpart B of Title 40 of the Code of Federal Regulations. If you have
any questions regarding the applicability of this action to a
particular entity, consult the person listed in the FOR FURTHER
INFORMATION CONTACT section.

III. What is EPA's Statutory Authority for Taking This Action?

    EPA is taking this action under sections 313(g)(1) and 328 of
EPCRA, 42 U.S.C. 11023(g)(1) and 11048. EPCRA is also referred to as
Title III of the Superfund Amendments and Reauthorization Act of 1986
(SARA) (Pub. L. 99-499). In general, section 313 of EPCRA requires
owners and operators of facilities in specified Standard Industrial
Classification (SIC) codes that manufacture, process, or otherwise use
a listed toxic chemical in amounts above specified threshold levels to
report certain facility specific information about such chemicals,
including the annual releases and other waste management quantities.
Section 313(g)(1) of EPCRA requires EPA to publish a uniform toxic
chemical release form for these reporting purposes, and it also
prescribes, in general terms, the types of information that must be
submitted on the form. Section 313(g)(1)(A) requires owners and
operators of facilities that are subject to section 313 requirements to
report the principal business activities at the facilities. Congress
also granted EPA broad rulemaking authority to allow the Agency to
fully implement the statute. EPCRA section 328 authorizes the
``Administrator [to] prescribe such regulations as may be necessary to
carry out this chapter.'' 42 U.S.C. 11048.
    Consistent with these authorities, EPA amended 40 CFR Part 372 to
include the 2002 NAICS codes that correspond to the SIC codes that are
currently subject to section 313 of EPCRA and section 6607 of the PPA.
71 FR 32464 (June 6, 2006). EPA is now proposing to amend 40 CFR Part
372 to include OMB's revised NAICS codes for 2007.
    Owners and operators of facilities that are subject to section 313
must identify their principal business activities using 2007 NAICS
codes beginning with TRI reporting forms that are due on July 1, 2009,
covering releases and other waste management quantities at the facility
for the 2008 calendar year.

IV. Background Information

What Is the General Background for This Action?

    EPA promulgated a final TRI NAICS rule on June 6, 2006, to amend
its regulations for TRI, found at 40 CFR Part 372, to include the NAICS
codes. The list of TRI NAICS codes that appeared in the final rule was
developed from the 2002 NAICS revision. EPA is proposing updates to
that list based on the OMB 2007 NAICS revision. In addition, certain
TRI-covered NAICS codes and certain exceptions and limitations to TRI-
covered NAICS codes did not appear in the June 6, 2006, notice's list
of TRI-covered NAICS codes and are now being proposed for inclusion.
These omissions are discussed in greater detail in Section VI of this
notice.

V. Proposed Action

A. What Is the Agency Proposing?

    EPA will amend 40 CFR Part 372 to correct the list of NAICS codes
for TRI reporting and to update the list using 2007 NAICS codes so that
the NAICS codes listed in the TRI regulations accurately reflect the
universe of covered facilities under section 313 of EPCRA and section
6607 of the PPA.
    In addition, unrelated to the NAICS codes, EPA is using this
rulemaking as an opportunity to correct a reference to a nonexistent
section in Part 372. Specifically, Sec.  372.5 (Persons subject to this
part) reads, in pertinent part ``If the owner and operator of a
facility are different persons, only one need report under Sec.  372.17
or provide a notice under Sec.  372.45 for each toxic chemical in a
mixture or trade name product distributed from the facility.'' There is
no 40 CFR 372.17 and therefore, reference to this section is an error
which the Agency is proposing to revise to refer to the appropriate
section on TRI reporting requirements, Sec.  372.30 (Reporting
requirements and schedule for reporting).

B. Will the Proposal Change the Universe of Facilities That Are
Currently Required to Report to EPA and the States?

    EPA's final rule of June 2006 defined the universe of facilities
that is currently required to report under section 313 of EPCRA and
section 6607 of the PPA. Certain facilities that should have been
included in the final list of NAICS codes subject to TRI reporting in
the June 2006 rule were inadvertently omitted. We are clarifying in
this notice that those facilities are subject to TRI reporting.

C. How Will Section 313 Reporting Requirements Change as a Result of
This Proposed Rule?

    TRI reporting requirements will not change as a result of this
final rule. This rule will revise the NAICS codes to reflect the OMB
NAICS 2007 revision and correct inadvertent omissions that occurred
when identifying the NAICS codes that are associated with the SIC codes
that are covered by the statute. This rule will help clarify that
certain sectors are still required to report to TRI and to accurately
reflect all covered sectors in the list of TRI-covered NAICS codes.

VI. Which TRI-Covered NAICS Codes Have Been Modified Under This
Proposed Rule?

    An OMB Federal Register notice published on March 16, 2006 (71 FR
28532), updates NAICS for 2007. All

facilities that currently report to TRI will still be required to
report to TRI. However, due to the 2007 NAICS modifications, some
facilities will need to modify their NAICS codes as outlined in the
tables below. The following OMB final revisions are those that apply to
the 2002 TRI-covered NAICS codes in the manufacturing sector (NAICS 31-
33).
    For a small subset of 2002 NAICS codes, the 2007 NAICS revisions
replace one 2002 NAICS code with two or more 2007 NAICS codes (see the
table below). In one case--for the 2002 NAICS code 339111--the 2002
NAICS code number has been completely replaced by other more specific
existing NAICS codes and the code 339111 no longer appears in the NAICS
code listing.
    The following final revisions from the OMB 2007 NAICS rule apply to
2002 TRI-covered NAICS codes in the NAICS manufacturing sector.

------------------------------------------------------------------------
                                               2007
2002 NAICS code  2002 NAICS and U.S.           NAICS     2002 NAICS and
                     description               code     U.S. description
------------------------------------------------------------------------
315211.........  Men's and Boys' Cut  [rarr    314999  All Other
                  and Sew Apparel        ]     315211   Miscellaneous
                  Contractors                           Textile Product
                 embroidery                             Mills.
                  contractors                          Men's and Boys'
                 except embroidery                      Cut and Sew
                 contractors                            Apparel
                                                        Contractors.
------------------------------------------------------------------------
315212.........  Women's, Girls' and  [rarr    314999  All Other
                  Infants' Cut and       ]     315212   Miscellaneous
                  Sew Apparel                           Textile Product
                  Contractors                           Mills.
                 embroidery                            Women's, Girls'
                  contractors                           and Infants' Cut
                 except embroidery                      and Sew Apparel
                 contractors                            Contractors.
------------------------------------------------------------------------
326199.........  All Other Plastics   [rarr    326199  All Other
                  Product                ]     336612   Plastics Product
                  Manufacturing.                        Manufacturing.
                  except inflatable                    Boat Building.
                  plastics boats
                 inflatable plastics
                  boats
------------------------------------------------------------------------
326291.........  Rubber Product       [rarr    326291  Rubber Product
                  Manufacturing for      ]     326299   Manufacturing
                  Mechanical Use.                       for Mechanical
                 except rubber                          Use.
                  tubing for                           All Other Rubber
                  mechanical use                        Product
                 rubber tubing for                      Manufacturing.
                  mechanical use
------------------------------------------------------------------------
326299.........  All Other Rubber     [rarr    326299  All Other Rubber
                  Product                ]     336612   Product
                  Manufacturing.                        Manufacturing.
                 except inflatable                     Boat Building.
                  rubber boats
                 inflatable rubber
                  boats
------------------------------------------------------------------------
334220.........  Radio and            [rarr    334220  Radio and
                  Television             ]     334515   Television
                  Broadcasting and                      Broadcasting and
                  Wireless                              Wireless
                  Communications                        Communications
                  Equipment                             Equipment
                  Manufacturing                         Manufacturing.
                 except                                Instrument
                  communications                        Manufacturing
                  signal                                for Measuring
                 testing and                            and Testing
                  evaluation                            Electricity and
                  equipment                             Signals.
                 communications
                  signal
                 testing and
                  evaluation
                  equipment
------------------------------------------------------------------------
339111.........  Laboratory           [rarr    333298  All Other
                  Apparatus and          ]     333415   Industrial
                  Furniture                    333994   Machinery
                  Manufacturing.               333997   Manufacturing.
                 laboratory                    333999  Air-conditioning
                  distilling                   337127   and Warm Air
                  equipment                    339113   Heating
                 laboratory freezers                    Equipment.
                 laboratory furnaces                   And Commercial
                  and ovens                             and Industrial
                 laboratory scales                      Refrigeration
                  and balances                          Equipment
                 laboratory                             Manufacturing.
                  centrifuges                          Industrial
                 laboratory                             Process Furnace
                  furniture (e.g.                       and Oven
                  stools, tables,                       Manufacturing.
                  benches) except                      Scale and Balance
                  laboratory                            Manufacturing.
                  distilling                           All Other
                  equipment,                            Miscellaneous
                  freezers,                             General Purpose
                  furnaces, ovens,                      Machinery
                  scales, balances,                     Manufacturing.
                  centrifuges, and                     Institutional
                  furniture                             Furniture
                                                        Manufacturing.
                                                       Surgical
                                                        Appliance and
                                                        Supplies
                                                        Manufacturing.
------------------------------------------------------------------------

    None of the NAICS 2007 revisions for the manufacturing sector
(NAICS 31-33) listed in the table above result in changes to the list
of covered NAICS codes from the 2006 TRI NAICS rule, in which EPA
amended its regulations for TRI to include NAICS codes. OMB has simply
moved some of the definitions within specific NAICS manufacturing codes
to other NAICS manufacturing codes, all of which are presently covered
under the TRI regulations.
    The following final revisions from the OMB 2007 NAICS rule apply to
2002 TRI-covered NAICS codes in sectors outside of the NAICS
manufacturing sector.

------------------------------------------------------------------------
                                               2007
2002 NAICS code  2002 NAICS and U.S.           NAICS     2002 NAICS and
                     description               code     U.S. description
------------------------------------------------------------------------
516110.........  Internet Publishing  [rarr    519130  Internet
                  and Broadcasting       ]              Publishing and
                                                        Broadcasting and
                                                        Web Search
                                                        Portals.
------------------------------------------------------------------------
541710.........  Research and         [rarr    541711  Research and
                  Development in the     ]     541712   Development in
                  Physical,                             Biotechnology.
                  Engineering, and                     Research and
                  Life Sciences                         Development in
                 biotechnology                          the Physical,
                  research and                          Engineering, and
                  development                           Life Sciences
                 except                                 (except
                  biotechnology                         Biotechnology).
                  research and
                  development
------------------------------------------------------------------------

    The changes listed in the table above result in two minor changes
to the list of covered NAICS codes in the 2006 TRI NAICS rule, in which
EPA amended its regulations for TRI to include NAICS codes. NAICS
516110, Internet Publishing and Broadcasting, has been changed in the
2007 NAICS revision to 519130, Internet Publishing and Broadcasting and
Web Search Portals. TRI will make this revision to its final list of
covered NAICS codes; however, Web Search Portals will be listed as an
exception from the reporting requirements since Web Search Portals are
not covered in section 313 of EPCRA and section 6607 of PPA. Thus the
facilities actually covered for the purposes of TRI reporting will
remain the same.
    NAICS 541710, Research and Development in the Physical,
Engineering, and Life Sciences, has been separated into two different
NAICS codes in order to single out biotechnology research and
development. The 2002 NAICS code 541710 has become two new 2007 NAICS
codes: NAICS 541711, Research and Development in Biotechnology, and
NAICS 541712, Research and Development in the Physical, Engineering,
and Life Sciences (except Biotechnology). The latter 2007 NAICS code,
541712, will replace 2002 NAICS code 541710 in the final list of TRI-
covered NAICS codes. As with 2002 NAICS code 541710, TRI coverage for
2007 NAICS code 541712 will be limited to facilities that are primarily
engaged in guided missile and space vehicle engine research and
development (previously classified under SIC 3764, Guided Missile and
Space Vehicle Propulsion Units and Propulsion Unit Parts), and in
guided missile and space vehicle parts (except engines) research and
development (previously classified under SIC 3769, Guided Missile and
Space Vehicle Parts and Auxiliary Equipment, Not Elsewhere Classified).
    The 2007 NAICS code 541711 will not be added to the list of TRI-
covered facilities, since facilities conducting research and
development in biotechnology are not covered under section 313 of EPCRA
and section 6607 of the PPA. Limitations exist and are noted in 40 CFR
372.23(b) for both NAICS 519130 and 541712.
    EPA is also proposing several changes to the list of TRI-covered
NAICS codes due to omissions that were identified from the list of
NAICS codes published in the final TRI NAICS rulemaking dated June 6,
2006 (71 FR 32464). Two NAICS codes, 113310, Logging, and 221330, Steam
and Air Conditioning Supply (with limitations), will be added to the
final list of covered NAICS codes. NAICS 113310 corresponds to the TRI-
covered SIC manufacturing code for logging, SIC 2411. NAICS 221330,
Steam and Air Conditioning Supply, limited to facilities engaged in
providing combinations of electric, gas, and other services, not
elsewhere classified (N.E.C.), corresponds to covered SIC code 4939,
Combination Utility Services N.E.C.
    In addition, three exceptions (see table below) corresponding to
NAICS manufacturing codes 312, 327, and 399 should have been listed in
the June 6, 2006, final rule and would be added to the list of NAICS
codes in the final regulations in 40 CFR 372.23. These changes do not
alter the universe of facilities covered by section 313 of EPCRA and
section 6607 of PPA, but rather amend the current TRI regulations to
more accurately reflect that universe.

----------------------------------------------------------------------------------------------------------------
     NAICS subsector  (3-digit)       NAICS industries (6 digit)                     Exception
----------------------------------------------------------------------------------------------------------------
312................................  312112--Bottled Water        Exception is limited to facilities primarily
                                      Manufacturing.               engaged in bottling mineral or spring water
                                                                   (previously classified under SIC 5149,
                                                                   Groceries and Related Products, NEC).
327................................  327112--Vitreous China,      Exception is limited to facilities primarily
                                      Fine Earthenware, and        engaged in manufacturing and selling pottery
                                      Other Pottery Product        on site (previously classified under SIC
                                      Manufacturing.               5719, Miscellaneous Homefurnishing Stores).
339................................  339113--Surgical Appliance   Exception is limited to facilities primarily
                                      and Supplies Manufacturing.  engaged in manufacturing orthopedic devices
                                                                   to prescription in a retail environment
                                                                   (previously classified under SIC 5999,
                                                                   Miscellaneous Retail Stores, NEC).
----------------------------------------------------------------------------------------------------------------

VII. What Additional Reporting Burden Is Associated With This Action?

    This proposed rule adds no new reporting requirements, and there
will be no net increase in respondent burden. Facilities were first
required to report their toxic chemical releases and other waste
management activities to EPA using NAICS codes beginning in 2007 for
reporting year 2006. Covered facilities should refer to the updated
NAICS code list in 40 CFR 372.23 when reporting. Crosswalk tables
between 2007 NAICS and 2002 NAICS can be found on the Internet at
http://www.census.gov/epcd/www/naics.html.

VIII. Regulatory Assessment Requirements

A. Executive Order 12866

This action is not a ``significant regulatory action'' under the terms
of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
Facilities that are affected by the rule are already required to report
their industrial classification codes on the approved reporting forms
under section 313 of EPCRA and 6607 of the PPA.
    The Office of Management and Budget (OMB) has previously approved
the information collection requirements contained in the existing
regulations at 40 CFR part 372 under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned the Information
Collection Request (ICR) OMB control numbers 2070-0093 (EPA ICR No.
1363-14) for Form R and 2070-0143 (EPA ICR No. 1704-08) for Form A. A
copy of the OMB approved Information Collection Requests (ICRs) may be
obtained from Rick Westlund, Collection Strategies Division; U.S.
Environmental Protection Agency (2822T); 1200 Pennsylvania Ave., NW.,
Washington, DC 20460 or by calling<PHONE_NUMBER>.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able

to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

C. The Regulatory Flexibility Act (RFA), as Amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq.

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
    For purposes of assessing the impacts of this rule on small
entities, small entity is defined as: (1) A business that is classified
as a ``small business'' by the Small Business Administration at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The small
entities directly regulated by this proposed rule are TRI reporting
facilities that have 10 or more full-time employee equivalents (i.e., a
total of 20,000 hours or greater). We have determined that, since this
rule makes only very minor revisions and updates to the TRI NAICS codes
that are already being used by TRI-covered facilities on TRI reporting
forms, the resulting burden due to these minor changes is negligible,
and will not have a significant economic impact on a substantial number
of small entities.

D. Unfunded Mandates Reform Act

    EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. Title II of the Unfunded Mandates Reform Act of
1995 (UMRA), Public Law 104-4, establishes requirements for Federal
agencies to assess the effects of their regulatory actions on State,
local, and tribal governments and the private sector. Under Section 202
of the UMRA, EPA generally must prepare a written statement, including
a cost-benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures to State, local, and tribal
governments, in the aggregate, or to the private sector, of $100
million or more in any one year. Before promulgating an EPA rule for
which a written statement is needed, section 205 of the UMRA generally
requires EPA to identify and consider a reasonable number of the
regulatory alternatives and adopt the least costly, most cost-effective
or least burdensome alternative that achieves the objective of the
rule. The provisions of section 205 do not apply when they are
inconsistent with applicable law. Moreover, section 205 allows EPA to
adopt an alternative other than the least costly, most cost-effective
or least burdensome alternative if the Administrator publishes with the
final rule an explanation why that alternative was not adopted. Before
EPA establishes any regulatory requirements that may significantly or
uniquely affect small governments, including tribal governments, it
must have developed under section 203 of the UMRA a small government
agency plan. The plan must provide for notifying potentially affected
small governments, enabling officials of affected small governments to
have meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
    Thus, today's rule is not subject to the requirements of sections
202 and 205 of the UMRA. EPA has also determined that this rule
contains no regulatory requirements that might significantly or
uniquely affect small governments. Because this proposed rule simply
updates and makes very minor corrections to the TRI NAICS codes that
have already been implemented for reporting by TRI facilities, the rule
will not impose substantial direct compliance costs on TRI reporting
facilities regulated under section 313 of EPCRA and 6607 of the PPA.

E. Executive Order 13132, Federalism

    Executive Order 13132, entitled Federalism (64 FR 43255, August 10,
1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This rule does not have federalism implications. It will not have a
substantial direct effect on States, on the relationship between the
national government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132. Thus, Executive Order 13132 does not apply to
this rule.

F. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled Consultation and Coordination with
Indian Tribal Governments, (65 FR 67249, November 9, 2000), requires
EPA to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' EPA has concluded that this proposed
rule may have tribal implications as TRI reporting facilities may be on
tribal lands. However, the rule simply updates and makes corrections to
the TRI NAICS codes that have already been implemented for reporting by
TRI facilities, include those on tribal lands. As such, the rule will
neither impose substantial direct compliance costs on tribal
governments, nor preempt Tribal law.

G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.

    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This rule is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.

H. Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, (May 22, 2001)), because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) (15 U.S.C. 272 note) directs EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, etc.) that are
developed or adopted by voluntary consensus standards bodies. The NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable voluntary consensus
standards.
    This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards. EPA welcomes comments on this aspect of the proposed
rulemaking and, specifically, invites the public to identify
potentially applicable voluntary consensus standards and to explain why
such standards should be used in this regulation.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations.

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this rule will not have disproportionately
high and adverse human health or environmental effects on minority or
low-income populations because the rule addresses information
collection and does not affect the level of protection provided to
human health or the environment.

List of Subjects in 40 CFR Part 372

    Environmental protection, Community right-to-know, Reporting and
recordkeeping requirements, Toxic chemicals.

    Dated: February 28, 2008.
Stephen L. Johnson,
Administrator.
    For the reasons set out in the preamble, title 40 Chapter I of the
Code of Federal Regulations is proposed to be amended as follows:

PART 372--[AMENDED]

    1. The authority citation for part 372 continues to read as
follows:

    Authority: 42 U.S.C. 11023 and 11048.

Sec.  372.5  [Amended]

    2. Amend Sec.  372.5, by removing the reference to ``372.17'' and
adding in its place the reference ``372.30''.
    3. Amend Sec.  372.22 by revising paragraph (b) introductory text
to read as follows:

Sec.  372.22  Covered facilities for toxic chemical release reporting.

* * * * *
    (b) The facility is in a Standard Industrial Classification (SIC)
(as in effect on January 1, 1987) major group or industry code listed
in Sec.  372.23(a), for which the corresponding North American Industry
Classification System (NAICS) (as in effect on January 1, 2007, for
reporting year 2008 and thereafter) subsector and industry codes are
listed in Sec.  372.23(b) and 372.23(c) by virtue of the fact that it
meets one of the following criteria:
* * * * *
    4. Amend Sec.  372.23 by revising paragraphs (b) and (c) to read as
follows:

Sec.  372.23  SIC and NAICS codes to which this Part applies.

* * * * *
    (b) NAICS codes that correspond to SIC codes 20 through 39

------------------------------------------------------------------------
 Subsector code or  industry
             code                    Exceptions and/or limitations
------------------------------------------------------------------------
113310 Logging
311 Food Manufacturing.......  Except 311119--Exception is limited to
                                facilities primarily engaged in Custom
                                Grain Grinding for Animal Feed
                                (previously classified under SIC 0723,
                                Crop Preparation Services for Market,
                                Except Cotton Ginning);
                               Except 311330--Exception is limited to
                                facilities primarily engaged in the
                                retail sale of candy, nuts, popcorn and
                                other confections not for immediate
                                consumption made on the premises
                                (previously classified under SIC 5441,
                                Candy, Nut, and Confectionery Stores);
                               Except 311340--Exception is limited to
                                facilities primarily engaged in the
                                retail sale of candy, nuts, popcorn and
                                other confections not for immediate
                                consumption made on the premises
                                (previously classified under SIC 5441,
                                Candy, Nut, and Confectionery Stores);
                               Except 311811--Retail Bakeries
                                (previously classified under SIC 5461,
                                Retail Bakeries);
                               Except 311611--Exception is limited to
                                facilities primarily engaged in Custom
                                Slaughtering for individuals (previously
                                classified under SIC 0751, Livestock
                                Services, Except Veterinary,
                                Slaughtering, custom: for individuals);
                               Except 311612--Exception is limited to
                                facilities primarily engaged in the
                                cutting up and resale of purchased fresh
                                carcasses for the trade (including boxed
                                beef), and in the wholesale distribution
                                of fresh, cured, and processed (but not
                                canned) meats and lard (previously
                                classified under SIC 5147, Meats and
                                Meat Products);
312 Beverage and Tobacco       Except 312112--Exception is limited to
 Product Manufacturing.         facilities primarily engaged in bottling
                                mineral or spring water (previously
                                classified under SIC 5149, Groceries and
                                Related Products, NEC);
                               Except 312229--Exception is limited to
                                facilities primarily engaged in
                                providing Tobacco Sheeting Services
                                (previously classified under SIC 7389,
                                Business Services, NEC);

313 Textile Mills............  Except 313311--Exception is limited to
                                facilities primarily engaged in
                                converting broadwoven piece goods and
                                broadwoven textiles, (previously
                                classified under SIC 5131, Piece Goods
                                Notions, and Other Dry Goods, broadwoven
                                and non-broadwoven piece good
                                converters), and facilities primarily
                                engaged in sponging fabric for tailors
                                and dressmakers (previously classified
                                under SIC 7389, Business Services, NEC
                                (Sponging fabric for tailors and
                                dressmakers));
                               Except 313312--Exception is limited to
                                facilities primarily engaged in
                                converting narrow woven Textiles, and
                                narrow woven piece goods, (previously
                                classified under SIC 5131, Piece Goods
                                Notions, and Other Dry Goods,
                                converters, except broadwoven fabric);
314 Textile Product Mills....  Except 314121--Exception is limited to
                                facilities primarily engaged in making
                                Custom drapery for retail sale
                                (previously classified under SIC 5714,
                                Drapery, Curtain, and Upholstery
                                Stores);
                               Except 314129--Exception is limited to
                                facilities primarily engaged in making
                                Custom slipcovers for retail sale
                                (previously classified under SIC 5714,
                                Drapery, Curtain, and Upholstery
                                Stores);
                               Except 314999--Exception is limited to
                                facilities primarily engaged in Binding
                                carpets and rugs for the trade, Carpet
                                cutting and binding, and Embroidering on
                                textile products (except apparel) for
                                the trade (previously classified under
                                SIC 7389, Business Services Not
                                Elsewhere Classified, Embroidering of
                                advertising on shirts and Rug binding
                                for the trade);
315 Apparel Manufacturing....  Except 315222--Exception is limited to
                                custom tailors primarily engaged in
                                making and selling men's and boys'
                                suits, cut and sewn from purchased
                                fabric (previously classified under SIC
                                5699, Miscellaneous Apparel and
                                Accessory Stores (custom tailors));
                               Except 315223--Exception is limited to
                                custom tailors primarily engaged in
                                making and selling men's and boys' dress
                                shirts, cut and sewn from purchased
                                fabric (previously classified under SIC
                                5699, Miscellaneous Apparel and
                                Accessory Stores (custom tailors));
                               Except 315233--Exception is limited to
                                custom tailors primarily engaged in
                                making and selling bridal dresses or
                                gowns, or women's, misses' and girls'
                                dresses cut and sewn from purchased
                                fabric (except apparel contractors)
                                (custom dressmakers) (previously
                                classified under SIC Code 5699,
                                Miscellaneous Apparel and Accessory
                                Stores);
316 Leather and Allied
 Product Manufacturing
321 Wood Product
 Manufacturing
322 Paper Manufacturing
323 Printing and Related       Except 323114--Exception is limited to
 Support Activities.            facilities primarily engaged in
                                reproducing text, drawings, plans, maps,
                                or other copy, by blueprinting,
                                photocopying, mimeographing, or other
                                methods of duplication other than
                                printing or microfilming (i.e., instant
                                printing) (previously classified under
                                SIC 7334, Photocopying and Duplicating
                                Services, (instant printing));
324 Petroleum and Coal
 Products Manufacturing
325 Chemical Manufacturing...  Except 325998--Exception is limited to
                                facilities primarily engaged in Aerosol
                                can filling on a job order or contract
                                basis (previously classified under SIC
                                7389, Business Services, NEC (aerosol
                                packaging));
326 Plastics and Rubber        Except 326212--Tire Retreading,
 Products Manufacturing.        (previously classified under SIC 7534,
                                Tire Retreading and Repair Shops
                                (rebuilding));
327 Nonmetallic Mineral        Except 327112--Exception is limited to
 Product Manufacturing.         facilities primarily engaged in
                                manufacturing and selling pottery on
                                site (previously classified under SIC
                                5719, Miscellaneous Homefurnishing
                                Stores);
331 Primary Metal
 Manufacturing
332 Fabricated Metal Product
 Manufacturing
333 Machinery Manufacturing
334 Computer and Electronic    Except 334611--Software Reproducing
 Product Manufacturing          (previously classified under SIC 7372,
                                Prepackaged Software, (reproduction of
                                software));
                               Except 334612--Exception is limited to
                                facilities primarily engaged in mass
                                reproducing pre-recorded Video
                                cassettes, and mass reproducing Video
                                tape or disk (previously classified
                                under SIC 7819, Services Allied to
                                Motion Picture Production (reproduction
                                of Video));
335 Electrical Equipment,      Except 335312--Exception is limited to
 Appliance, and Component       facilities primarily engaged in armature
 Manufacturing.                 rewinding on a factory basis (previously
                                classified under SIC 7694 (Armature
                                Rewinding Shops (remanufacturing));
336 Transportation Equipment
 Manufacturing
337 Furniture and Related      Except 337110--Exception is limited to
 Product Manufacturing.         facilities primarily engaged in the
                                retail sale of household furniture and
                                that manufacture custom wood kitchen
                                cabinets and counter tops (previously
                                classified under SIC 5712, Furniture
                                Stores (custom wood cabinets));
                               Except 337121--Exception is limited to
                                facilities primarily engaged in the
                                retail sale of household furniture and
                                that manufacture custom made upholstered
                                household furniture (previously
                                classified under SIC 5712, Furniture
                                Stores (upholstered, custom made
                                furniture));
                               Except 337122--Exception is limited to
                                facilities primarily engaged in the
                                retail sale of household furniture and
                                that manufacture nonupholstered,
                                household type, custom wood furniture
                                (previously classified under SIC 5712,
                                Furniture Stores (custom made wood
                                nonupholstered household furniture
                                except cabinets));
339 Miscellaneous              Except 339113--Exception is limited to
 Manufacturing.                 facilities primarily engaged in
                                manufacturing orthopedic devices to
                                prescription in a retail environment
                                (previously classified under SIC 5999,
                                Miscellaneous Retail Stores, NEC);

                               Except 339115--Exception is limited to
                                lens grinding facilities that are
                                primarily engaged in the retail sale of
                                eyeglasses and contact lenses to
                                prescription for individuals (previously
                                classified under SIC 5995, Optical Goods
                                Stores (optical laboratories grinding of
                                lenses to prescription));
                               Except 339116--Dental Laboratories
                                (previously classified under SIC 8072,
                                Dental Laboratories);
111998 All Other               Limited to facilities primarily engaged
 Miscellaneous Crop Farming.    in reducing maple sap to maple syrup
                                (previously classified under SIC 2099,
                                Food Preparations, NEC, Reducing Maple
                                Sap to Maple Syrup);
211112 Natural Gas Liquid      Limited to facilities that recover sulfur
 Extraction.                    from natural gas (previously classified
                                under SIC 2819, Industrial Inorganic
                                chemicals, NEC (recovering sulfur from
                                natural gas));
212324 Kaolin and Ball Clay    Limited to facilities operating without a
 Mining.                        mine or quarry and that are primarily
                                engaged in beneficiating kaolin and clay
                                (previously classified under SIC 3295,
                                Minerals and Earths, Ground or Otherwise
                                Treated (grinding, washing, separating,
                                etc. of minerals in SIC 1455));
212325 Mining................  Limited to facilities operating without a
                                mine or quarry and that are primarily
                                engaged in beneficiating clay and
                                ceramic and refractory minerals
                                (previously classified under SIC 3295,
                                Minerals and Earths, Ground or Otherwise
                                Treated (grinding, washing, separating,
                                etc. of minerals in SIC 1459));
212393 Other Chemical and      Limited to facilities operating without a
 Fertilizer Mineral Mining.     mine or quarry and that are primarily
                                engaged in beneficiating chemical or
                                fertilizer mineral raw materials
                                (previously classified under SIC 3295,
                                Minerals and Earths, Ground or Otherwise
                                Treated (grinding, washing, separating,
                                etc. of minerals in SIC 1479));
212399 All Other Nonmetallic   Limited to facilities operating without a
 Mineral Mining.                mine or quarry and that are primarily
                                engaged in beneficiating nonmetallic
                                minerals (previously classified under
                                SIC 3295, Minerals and Earths, Ground or
                                Otherwise Treated (grinding, washing,
                                separating, etc. of minerals in SIC
                                1499));
488390 Other Support           Limited to facilities that are primarily
 Activities for Water           engaged in providing routine repair and
 Transportation.                maintenance of ships and boats from
                                floating drydocks (previously classified
                                under SIC 3731, Shipbuilding and
                                Repairing (floating drydocks not
                                associated with a shipyard));
511110 Newspaper Publishers
511120 Periodical Publishers
511130 Book Publishers
511140 Directory and Mailing   Except facilities that are primarily
 List Publishers.               engaged in furnishing services for
                                direct mail advertising including
                                Address list compilers, Address list
                                publishers, Address list publishers and
                                printing combined, Address list
                                publishing, Business directory
                                publishers, Catalog of collections
                                publishers, Catalog of collections
                                publishers and printing combined,
                                Mailing list compilers, Directory
                                compilers, and Mailing list compiling
                                services (previously classified under
                                SIC 7331, Direct Mail Advertising
                                Services (mailing list compilers));
511191 Greeting Card
 Publishers
511199 All Other Publishers
512220 Integrated Record
 Production/Distribution
512230 Music Publishers......  Except facilities primarily engaged in
                                Music copyright authorizing use, Music
                                copyright buying and licensing, and
                                Music publishers working on their own
                                account (previously classified under SIC
                                8999, Services, NEC (music publishing));
519130 Internet Publishing     Limited to facilities primarily engaged
 and Broadcasting and Web       in Internet newspaper publishing
 Search Portals.                (previously classified under SIC 2711,
                                Newspapers: Publishing, or Publishing
                                and Printing), Internet periodical
                                publishing (previously classified under
                                SIC 2721, Periodicals: Publishing, or
                                Publishing and Printing), Internet book
                                publishing (previously classified under
                                SIC 2731, Books: Publishing, or
                                Publishing and Printing), Miscellaneous
                                Internet publishing (previously
                                classified under SIC 2741, Miscellaneous
                                Publishing), Internet greeting card
                                publishers (previously classified under
                                SIC 2771, Greeting Cards); Except for
                                facilities primarily engaged in web
                                search portals;
541712 Research and            Limited to facilities that are primarily
 Development in the Physical,   engaged in Guided missile and space
 Engineering, and Life          vehicle engine research and development
 Sciences (except               (previously classified under SIC 3764,
 Biotechnology).                Guided Missile and Space Vehicle
                                Propulsion Units and Propulsion Unit
                                Parts), and in Guided missile and space
                                vehicle parts (except engines) research
                                and development (previously classified
                                under SIC 3769, Guided Missile and Space
                                Vehicle Parts and Auxiliary Equipment,
                                Not Elsewhere Classified);
811490 Other Personal and      Limited to facilities that are primarily
 Household Goods Repair and     engaged in repairing and servicing
 Maintenance.                   pleasure and sail boats without
                                retailing new boats (previously
                                classified under SIC 3732, Boat Building
                                and Repairing (pleasure boat building));
------------------------------------------------------------------------

    (c) NAICS codes that correspond to SIC codes other than SIC codes
20 through 39.

------------------------------------------------------------------------
  Subsector or industry code         Exceptions and/or limitations
------------------------------------------------------------------------
212111 Bituminous Coal and     .........................................
 Lignite Surface Mining
212112 Bituminous Coal and     .........................................
 Underground Mining
212113 Anthracite Mining       .........................................
212221 Gold Ore Mining         .........................................
212222 Silver Ore Mining       .........................................

212231 Lead Ore and Zinc Ore   .........................................
 Mining
212234 Copper Ore and Nickel   .........................................
 Ore Mining
212299 Other Metal Ore Mining  .........................................
221111 Hydroelectric Power     Limited to facilities that combust coal
 Generation                     and/or oil for the purpose of generating
                                power for distribution in commerce.
221112 Fossil Fuel Electric    Limited to facilities that combust coal
 Power Generation               and/or oil for the purpose of generating
                                power for distribution in commerce.
221113 Nuclear Electric Power  Limited to facilities that combust coal
 Generation                     and/or oil for the purpose of generating
                                power for distribution in commerce.
221119 Other Electric Power    Limited to facilities that combust coal
 Generation                     and/or oil for the purpose of generating
                                power for distribution in commerce.
221121 Electric Bulk Power     Limited to facilities that combust coal
 Transmission and Control       and/or oil for the purpose of generating
                                power for distribution in commerce.
221122 Electric Power          Limited to facilities that combust coal
 Distribution                   and/or oil for the purpose of generating
                                power for distribution in commerce.
221330 Steam and Air           Limited to facilities engaged in
 Conditioning Supply            providing combinations of electric, gas,
                                and other services, not elsewhere
                                classified (N.E.C.) (previously
                                classified under SIC 4939, Combination
                                Utility Services Not Elsewhere
                                Classified.)
424690 Other Chemical and      .........................................
 Allied Products Merchant
 Wholesalers
424710 Petroleum Bulk          .........................................
 Stations and Terminals
425110 Business to Business    Limited to facilities previously
 Electronic Markets             classified in SIC 5169, Chemicals and
                                Allied Products, Not Elsewhere
                                Classified.
425120 Wholesale Trade Agents  Limited to facilities previously
 and Brokers                    classified in SIC 5169, Chemicals and
                                Allied Products, Not Elsewhere
                                Classified.
562112 Hazardous Waste         Limited to facilities primarily engaged
 Collection                     in solvent recovery services on a
                                contract or fee basis (previously
                                classified under SIC 7389, Business
                                Services, NEC);
562211 Hazardous Waste         Limited to facilities regulated under the
 Treatment and Disposal         Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
562212 Solid Waste Landfill    Limited to facilities regulated under the
                                Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
562213 Solid Waste Combustors  Limited to facilities regulated under the
 and Incinerators               Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
562219 Other Nonhazardous      Limited to facilities regulated under the
 Waste Treatment and Disposal   Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
562920 Materials Recovery      Limited to facilities regulated under the
 Facilities                     Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
------------------------------------------------------------------------

 [FR Doc. E8-4387 Filed 3-5-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Notices]
[Pages 34911-34913]
[FR Doc No: 2019-15341]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2019-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.
The flood hazard determinations modified by each LOMR will be used to
calculate flood insurance premium rates for new buildings and their
contents.

DATES: Each LOMR was finalized as in the table below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at https://msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Insurance and Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown

and must be used for all new policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Community
        State and county              Location and case  No.         Chief executive officer of community          Community map repository               Date of modification           No.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona: Yavapai (FEMA Docket    City of Cottonwood (18-09-1452P)  The Honorable Tim Elinski, Mayor, City   Department of Public Works, 1490 West   June 27, 2019..................       040096
 No.: B-1917).                                                      of Cottonwood, 827 North Main Street,    Mingus Avenue, Cottonwood, AZ 86326.
                                                                    Cottonwood, AZ 86326.
California:
    Santa Barbara (FEMA Docket   City of Santa Barbara (18-09-     Mr. Paul Casey, City of Santa Barbara    Community Development Department,       June 21, 2019..................       060335
     No.: B-1916).                1502P).                           Administrator, P.O. Box 1990, Santa      Building and Safety Division, 630
                                                                    Barbara, CA 93102.                       Garden Street, Santa Barbara, CA
                                                                                93101.
    Santa Barbara (FEMA Docket   City of Santa Barbara (18-09-     Mr. Paul Casey, City of Santa Barbara    Community Development Department,       June 24, 2019..................       060335
     No.: B-1916).                1503P).                           Administrator, P.O. Box 1990, Santa      Building and Safety Division, 630
                                                                    Barbara, CA 93102.                       Garden Street, Santa Barbara, CA
                                                                                93101.
Colorado:
    Garfield (FEMA Docket No.:   Town of Parachute (18-08-1093P).  The Honorable Roy McClung, Mayor, Town   Town Hall, 222 Grand Valley Way,        June 20, 2019..................       080215
     B-1924).                                                       of Parachute, 222 Grand Valley Way,      Parachute, CO 81635.
                                                                    Parachute, CO 81635.
    Garfield (FEMA Docket No.:   Unincorporated areas of Garfield  The Honorable John Martin, Chairman,     Garfield County Administration          June 20, 2019..................       080205
     B-1924).                     County (18-08-1093P).             Garfield County Board of                 Building, 108 8th Street, Glenwood
                                                                    Commissioners, 108 8th Street, Suite     Springs, CO 81601.
                                                                    101, Glenwood Springs, CO 81601.
Connecticut: New Haven (FEMA     Town of Branford (19-01-0264P)..  The Honorable James B. Cosgrove, First   Engineering Department, 1019 Main       June 28, 2019..................       090073
 Docket No.: B-1928).                                               Selectman, Town of Branford Board of     Street, Branford, CT 06405.
                                                                    Selectmen, 1019 Main Street, Branford,
                                                                    CT 06405.
Florida:
    Lee (FEMA Docket No.: B-     Unincorporated areas of Lee       The Honorable Larry Kiker, Chairman,     Lee County Building Department, 1500    June 25, 2019..................       125124
     1924).                       County (19-04-0850P).             Lee County Board of Commissioners,       Monroe Street, Fort Myers, FL 33902.
                                                                    P.O. Box 398, Fort Myers, FL 33902.
    Pasco (FEMA Docket No.: B-   Unincorporated areas of Pasco     Mr. Dan Biles, Administrator, Pasco      Pasco County Dade City Record Center,   June 27, 2019..................       120230
     1917).                       County (18-04-4034P).             County, 8731 Citizens Drive, Suite       38301 McDonald Street, Dade City, FL
                                                                    340, New Port Richey, FL 34654.          33525.
Mississippi: Lafayette (FEMA     City of Oxford (18-04-7495P)....  The Honorable Robyn Tannehill, Mayor,    City Hall, 107 Courthouse Square,       June 19, 2019..................       280094
 Docket No.: B-1924).                                               City of Oxford, 107 Courthouse Square,   Oxford, MS 38655.
                                                                    Oxford, MS 38655.
Montana:
    Fallon (FEMA Docket No.: B-  City of Baker (18-08-0474P).....  The Honorable JoDee Pratt, Mayor, City   Planning Department, 10 West Fallon     June 17, 2019..................       300018
     1916).                                                         of Baker, P.O. Box 1512, Baker, MT       Avenue, Baker, MT 59313.
                                                                    59313.
    Fallon (FEMA Docket No.: B-  Unincorporated areas of Fallon    The Honorable Steve Baldwin, Chairman,   Fallon County Planning Department, 10   June 17, 2019..................       300149
     1916).                       County (18-08-0474P).             Fallon County Board of Commissioners,    West Fallon Avenue, Baker, MT 59313.
                                                                    P.O. Box 846, Baker, MT 59313.
Pennsylvania: Luzerne (FEMA      Township of Salem (18-03-1339P).  The Honorable Steven Fraind, Chairman,   Township Hall, 38 Bomboy Lane,          June 21, 2019..................       420625
 Docket No.: B-1916).                                               Township of Salem Board of               Berwick, PA 18603.
                                                                    Supervisors, 38 Bomboy Lane, Berwick,
                                                                    PA 18603.
South Dakota:
    Lincoln (FEMA Docket No.: B- Unincorporated areas of Lincoln   The Honorable David Gillespie,           Lincoln County GIS Department, 104      June 21, 2019..................       460277
     1924).                       County (18-08-0685P).             Chairman, Lincoln County Board of        North Main Street, Canton, SD 57013.
                                                                    Commissioners, 104 North Main Street,
                                                                    Suite 120, Canton, SD 57013.

    Pennington (FEMA Docket      Unincorporated areas of           The Honorable Deb Hadcock, Chair,        Pennington County Planning Department,  June 17, 2019..................       460064
     No.: B-1916).                Pennington County (18-08-0912P).  Pennington County Board of               130 Kansas City Street, Suite 200,
                                                                    Commissioners, 130 Kansas City Street,   Rapid City, SD 57701.
                                                                    Suite 100, Rapid City, SD 57701.
Tennessee:
    Hamilton (FEMA Docket No.:   Unincorporated areas of Hamilton  The Honorable Jim Coppinger, Mayor,      Hamilton County Engineering             June 17, 2019..................       470071
     B-1924).                     County (18-04-2279P).             Hamilton County, 208 Courthouse, 625     Department, 1250 Market Street, Suite
                                                                    Georgia Avenue, Chattanooga, TN 37402.   3046, Chattanooga, TN 37402.
    Shelby (FEMA Docket No.: B-  City of Germantown (18-04-6585P)  The Honorable Mike Palazzolo, Mayor,     Economic and Community Development      June 28, 2019..................       470353
     1931).                                                         City of Germantown, 1930 South           Department, 1920 South Germantown
                                                                    Germantown Road, Germantown, TN 38138.   Road, Germantown, TN 38138.
Texas:
    Collin (FEMA Docket No.: B-  City of Lucas (18-06-3533P).....  The Honorable Jim Olk, Mayor, City of    City Hall, 665 Country Club Road,       June 24, 2019..................       481545
     1924).                                                         Lucas, 665 Country Club Road, Lucas,     Lucas, TX 75002.
                                                                    TX 75002.
    Collin (FEMA Docket No.: B-  City of Parker (18-06-3533P)....  The Honorable Lee Pettle, Mayor, City    City Hall, 5700 East Parker Road,       June 24, 2019..................       480139
     1924).                                                         of Parker, 5700 East Parker Road,        Parker, TX 75002.
                                                                    Parker, TX 75002.
    Fort Bend (FEMA Docket No.:  Unincorporated areas of Fort      The Honorable K.P. George, Fort Bend     Fort Bend County Engineering            June 20, 2019..................       480228
     B-1943).                     Bend County (18-06-2990P).        County Judge, 401 Jackson Street,        Department, 301 Jackson Street,
                                                                    Richmond, TX 77469.                      Richmond, TX 77469.
    Harris (FEMA Docket No.: B-  Unincorporated areas of Harris    The Honorable Lina Hidalgo, Harris       Harris County Permits Office, 10555     June 17, 2019..................       480287
     1917).                       County (18-06-2625P).             County Judge, 1001 Preston Street,       Northwest Freeway, Suite 120,
                                                                    Suite 911, Houston, TX 77002.            Houston, TX 77092.
    Kendall (FEMA Docket No.: B- Unincorporated areas of Kendall   The Honorable Darrel L. Lux, Kendall     Kendall County Engineering Department,  June 17, 2019..................       480417
     1924).                       County (18-06-1938P).             County Judge, 201 East San Antonio       201 East San Antonio Avenue, Suite
                                                                    Avenue, Suite 122, Boerne, TX 78006.     101, Boerne, TX 78006.
    Montgomery (FEMA Docket      City of Conroe (18-06-0092P)....  The Honorable Toby Powell, Mayor, City   Engineering Department, 300 West Davis  June 25, 2019..................       480484
     No.: B-1924).                                                  of Conroe, 300 West Davis Street,        Street, Conroe, TX 77301.
                                                                    Conroe, TX 77301.
    Tarrant (FEMA Docket No.: B- City of Fort Worth (18-06-1342P)  The Honorable Betsy Price, Mayor, City   Transportation and Public Works         June 17, 2019..................       480596
     1928).                                                         of Fort Worth, 200 Texas Street, Fort    Department, 200 Texas Street, Fort
                                                                    Worth, TX 76102.                         Worth, TX 76102.
Virginia:
    Loudoun (FEMA Docket No.: B- Unincorporated areas of Loudoun   The Honorable Phyllis J. Randall,        Loudoun County Department of Building   June 17, 2019..................       510090
     1916).                       County (19-03-0018P).             Chair, Loudoun County Board of           and Development, 1 Harrison Street,
                                                                    Supervisors, P.O. Box 7000, Leesburg,    SE, 3rd Floor, Leesburg, VA 20175.
                                                                    VA 20177.
    Stafford (FEMA Docket No.:   Unincorporated areas of Stafford  Mr. Thomas C. Foley, Stafford County     Stafford County Department of Code      June 20, 2019..................       510154
     B-1924).                     County (18-03-1812P).             Administrator, P.O. Box 339, Stafford,   Administration, 1300 Courthouse Road,
                                                                    VA 22555.                                Stafford, VA 22554.
West Virginia:
    Greenbriar (FEMA Docket      City of White Sulphur Springs     The Honorable Bruce Bowling, Mayor,      City Hall, 589 Main Street West, White  June 17, 2019..................       540045
     No.: B-1916).                (18-03-1881P).                    City of White Sulphur Springs, 589       Sulphur Springs, WV 24986.
                                                                    Main Street West, White Sulphur
                                                                    Springs, WV 24986.
    Greenbriar (FEMA Docket      Unincorporated areas of           The Honorable Woody Hanna, President,    Greenbrier County Planning Department,  June 17, 2019..................       540040
     No.: B-1916).                Greenbrier County (18-03-1881P).  Greenbrier County Commission, 912        912 Court Street North, Lewisburg, WV
                                                                    Court Street North, Lewisburg, WV        24901.
                                                                    24901.
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[FR Doc. 2019-15341 Filed 7-18-19; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Notices]
[Page 376]
[FR Doc No: 2017-28325]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13102-003]

Birch Power Company; Notice of Technical Meeting

    a. Date and Time of Meeting: January 8, 2018 at 10:00 a.m. Eastern
Standard Time (11:00 a.m. Central Standard Time).
    b. Place: Telephone conference.
    c. FERC Contact: Sarah Salazar at [email protected], or (202)
502-6863.
    d. Purpose of Meeting: Commission Staff is hosting a technical
meeting to discuss: (1) Our regulatory (licensing) process; (2) the
recommended alternative in the draft environmental assessment issued on
June 29, 2017 for the proposed Demopolis Lock and Dam Hydroelectric
Project; and (3) comments on the US Fish and Wildlife Service's draft
biological opinion for the project.
    e. A summary of the meeting will be prepared and filed in the
Commission's public file for the project.
    g. All local, state, and federal agencies, Indian tribes, and other
interested parties are invited to participate by phone. Please call
Sarah Salazar at<PHONE_NUMBER> by January 3, 2018, to RSVP and to
receive specific instructions on how to participate.

    Dated: December 22, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-28325 Filed 1-2-18; 8:45 am]
 BILLING CODE 6717-01-P