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EPA/OEI

RIN: 2025-AA24

Publication ID: Fall 2014

Title: Toxics Release Inventory (TRI) Articles Exemption Clarification Rule
Abstract: Toxics Release Inventory (TRI) reporting is required by section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act. The purpose of this rule is to clarify the scope of the exemption from TRI reporting requirements for items that qualify as articles. [See 40 CFR 372.38(b).] A proposed rule was issued on August 24, 2009; EPA plans to accommodate comments received through the development and issuance of a supplemental proposed rule.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 372.38(b)
Legal Authority: 42 USC 11023 et seq 42 USC 13106 et seq

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	08/24/2009	74 FR 42625
Supplemental NPRM	04/00/2015

Additional Information: Docket #:EPA-HQ-TRI-2009-0602. 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).
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
Sectors Affected: 212111 Bituminous Coal and Lignite Surface Mining
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