Rule Summary

EPA has finalized a rule 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) 2022 NAICS code revision. OMB updates the NAICS codes every five years. EPA has implemented the 2022 codes for TRI Reporting Year 2022 (i.e., facilities reporting to TRI would be required to use 2022 NAICS codes on reports that are due to the Agency by July 1, 2023).

The actual data required by a TRI form does not change as a result of this rulemaking, nor does the rule affect the universe of TRI reporting facilities that are required to submit reports to the Agency under the Emergency Planning and Community Right-to-Know Act (EPCRA) section 313.

Rule History

The Office of Management and Budget (OMB) revises NAICS codes every five years, at which time the list of NAICS codes covered by the TRI Program must also be updated.

In the Federal Register of December 21, 2021, OMB announced updated NAICS codes for 2022. EPA has amended 40 CFR part 372 to reflect OMB’s updated 2022 NAICS codes.

NAICS codes are used by EPA’s TRI Program, which provides the ability to track the releases and other waste management of chemicals (among other information) on a facility basis. By utilizing NAICS codes, a comparative analysis of chemicals released to air, water, and land can also be done across industry sectors. This detailed information is public so that community members, industrial facilities, research organizations, and federal government can make informed decisions that impact human health and the environment.

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