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EPA/OEI

RIN: 2025-AA11

Publication ID: Fall 2010

Title: Clarify TRI Reporting Obligations Under EPCRA Section 313 for Metal Mining Activities
Abstract: The Toxics Release Inventory (TRI) currently requires reporting from metal mining facilities if they manufacture or process 25,000 pounds or more of a listed chemical or otherwise use 10,000 pounds or more of a listed chemical. These mining facilities engage in the removal of naturally occurring materials from the earth. EPA had considered naturally occurring materials to be manufactured by natural processes. A recent court order set aside EPA's interpretation of manufacture in the mining context, stating that naturally occurring ores in situ have not been manufactured within the meaning of Emergency Planning and Community Right to Know Act (EPCRA) section 313. EPA is considering clarifying how the definitions of manufacturing and processing under EPCRA section 313 apply to the mining sector processes of extraction and beneficiation. This action will not affect the coal extraction activities exemption.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Undetermined	Unfunded Mandates: No
CFR Citation: 40 CFR 372
Legal Authority: 42 USC 11001 et seq

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	02/00/2011
Final Action	09/00/2011

Additional Information: Facilities included in the following NAICS manufacturing codes (corresponding to SIC codes 20 through 39): 311,312, 313, 314, 315, 316, 321, 322, 323, 324, 325, 326, 327, 331, 332, 333, 334, 335, 336, 337, 339,111998, 211112, 212234, 212235, 212393, 212399, 488390, 511110, 511120, 511130, 511140, 511191,511199, 511220, 512230, 516110, 541710, or 811490. *Exceptions and/or limitations exist for these NAICS codes. Facilities included in the following NAICS codes (corresponding to SIC codes other than SIC codes 20 through 39): 212111, 212112, 212113 (correspond to SIC 12, Coal Mining (except 1241)); or 212221, 212222, 212231, 212234, 212299 (correspond to SIC 10, Metal Mining (except 1011, 1081, and 1094)); or 221111, 221112, 221113, 221119, 221121, 221122 (Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce) (correspond to SIC 4911, 4931, and 4939, Electric Utilities); or 424690, 425110, 425120 (Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified); or 424710 (corresponds to SIC 5171, Petroleum Bulk Terminals and Plants); or 562112 (Limited to facilities primarily engaged in solvent recovery services on a contract or fee basis (previously classified under SIC 7389, Business Services, NEC)); or 562211, 562212, 562213, 562219, 562920 (Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) (correspond to SIC 4953, Refuse Systems).; EPA Docket information: EPA-HQ-OEI-2009-0453
Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: None
Small Entities Affected: Businesses	Federalism: Undetermined
Included in the Regulatory Plan: No
RIN Information URL: www.epa.gov/tri/programs/mining/index.htm
RIN Data Printed in the FR: No
Agency Contact: Daniel Teitelbaum Environmental Protection Agency Office of Environmental Information 2844T, Washington, DC 20460 Phone:202 566-0964 Fax:202 566-0741 Email: teitelbaum.daniel@epamail.epa.gov Gilbert Mears Environmental Protection Agency Office of Environmental Information 1200 Pennsylvania Avenue NW., 2844T, Washington, DC 20460 Phone:202 566-0954 Fax:202 566-0741 Email: mears.gilbert@epa.gov