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| EPA/OEI | RIN: 2025-AA11 | Publication ID: Spring 2011 |
| Title: Modification of Toxics Release Inventory (TRI) Reporting Requirements Primarily Associated With Metal Mining | |
| 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 | |
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Legal Deadline:
None |
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Timetable:
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| 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: No | Government Levels Affected: None |
| Small Entities Affected: Businesses | Federalism: No |
| Included in the Regulatory Plan: No | |
| RIN Information URL: www.epa.gov/tri/programs/mining/index.htm | |
| Sectors Affected: 111998 All Other Miscellaneous Crop Farming; 211112 Natural Gas Liquid Extraction; 212234 Copper Ore and Nickel Ore Mining; 212393 Other Chemical and Fertilizer Mineral Mining; 212399 All Other Nonmetallic Mineral Mining; 311 Food Manufacturing; 312 Beverage and Tobacco Product Manufacturing; 313 Textile Mills; 314 Textile Product Mills; 315 Apparel Manufacturing; 316 Leather and Allied Product Manufacturing; 321 Wood Product Manufacturing; 322 Paper Manufacturing; 323 Printing and Related Support Activities; 324 Petroleum and Coal Products Manufacturing; 325 Chemical Manufacturing; 326 Plastics and Rubber Products Manufacturing; 327 Nonmetallic Mineral Product Manufacturing; 331 Primary Metal Manufacturing; 332 Fabricated Metal Product Manufacturing; 333 Machinery Manufacturing; 334 Computer and Electronic Product Manufacturing; 335 Electrical Equipment, Appliance, and Component Manufacturing; 336 Transportation Equipment Manufacturing; 337 Furniture and Related Product Manufacturing; 339 Miscellaneous Manufacturing; 488390 Other Support Activities for Water Transportation; 511110 Newspaper Publishers; 511120 Periodical Publishers; 511130 Book Publishers; 511140 Directory and Mailing List Publishers; 511191 Greeting Card Publishers; 511199 All Other Publishers; 811490 Other Personal and Household Goods Repair and Maintenance | |
| RIN Data Printed in the FR: No | |
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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 |
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