The U.S. Environmental Protection Agency (EPA) has published a proposed rule and a direct final rule updating the list of North American Industry Classification System (NAICS) codes subject to reporting under the Toxics Release Inventory (TRI) program. The proposed rules would simply revise the NAICS codes to maintain consistency with the Office of Management and Budget NAICS codes, which were revised in 2012. While some of the NAICS codes would change under the proposed rules, no substantive changes to the TRI reporting requirements would result. Under the proposed rules, facilities would be required to use the revised NAICS codes beginning with the TRI reporting forms due on July 1, 2014, covering activities for the 2013 calendar year.
Procedurally, EPA has published these NAICS code revisions as both a proposed rule and a direct final rule without a prior proposed rule. If EPA does not receive adverse comment, the direct final rule will become effective with no further action and the proposed rule will be withdrawn. If, however, EPA does receive adverse comment, the direct final rule will be withdrawn and all comments will be addressed in a subsequent final rule. EPA will not institute a second comment period on this action, and any parties interested in commenting must do so at this time. Comments are due to EPA on or before August 19, 2013.