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e-CFR data is current as of February 24, 2021

Title 40Chapter ISubchapter JPart 372Subpart B → §372.23


Title 40: Protection of Environment
PART 372—TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW
Subpart B—Reporting Requirements


§372.23   SIC and NAICS codes to which this Part applies.

The requirements of this part apply to facilities in the following SIC and NAICS codes. This section contains three listings. Paragraph (a) of this section lists the SIC codes to which this part applies. Paragraph (b) of this section lists the NAICS codes that correspond to SIC codes 20 through 39 to which this part applies. Paragraph (c) of this section lists the NAICS codes that correspond to SIC codes other than SIC codes 20 through 39 to which this part applies.

(a) SIC codes.

Major group or industry code Exceptions and/or limitations
10Except 1011, 1081, and 1094.
12Except 1241.
20 through 39
4911, 4931, 4939Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.
4953Limited to facilities regulated under the Resource Conservation and Recovery Act, 42 U.S.C. 6921, et seq.
5169
5171
7389Limited to facilities primarily engaged in solvent recovery services on a contract or fee basis.

(b) NAICS codes that correspond to SIC codes 20 through 39.

Subsector code or Industry codeExceptions and/or limitations
311—Food ManufacturingExcept 311119—Exception is limited to facilities previously classified under SIC 0723, Crop Preparation Services for Market, Except Cotton Ginning;
   Except 311340—Exception is limited to facilities previously classified under SIC 5441, Candy, Nut, and Confectionery Stores;
   Except 311352—Exception is limited to facilities previously classified under SIC 5441, Candy, Nut, and Confectionery Stores;
   Except 311611—Exception is limited to facilities previously classified under SIC 0751, Livestock Services, Except Veterinary;
   Except 311612—Exception is limited to facilities previously classified under SIC 5147, Meats and Meat Products;
   Except 311811—Exception is limited to facilities previously classified under SIC 5461, Retail Bakeries;
312—Beverage and Tobacco Product ManufacturingExcept 312112—Exception is limited to facilities previously classified under SIC 5149, Groceries and Related Products, Not Elsewhere Classified;
   Except 312230—Exception is limited to facilities previously classified under SIC 7389, Business Services, Not Elsewhere Classified, except facilities primarily engaged in solvent recovery services on a contract or fee basis;
313—Textile MillsExcept 313310—Exception is limited to facilities previously classified under SIC 5131, Piece Goods, Notions, and Other Dry Goods; and facilities previously classified under SIC 7389, Business Services, Not Elsewhere Classified, except facilities primarily engaged in solvent recovery services on a contract or fee basis;
314—Textile Product MillsExcept 314120—Exception is limited to facilities previously classified under SIC 5714, Drapery, Curtain, and Upholstery Stores;
   Except 314999—Exception is limited to facilities previously classified under SIC 7389, Business Services, Not Elsewhere Classified, except facilities primarily engaged in solvent recovery services on a contract or fee basis;
315—Apparel ManufacturingExcept 315220—Exception is limited to facilities previously classified under SIC 5699, Miscellaneous Apparel and Accessory Stores;
316—Leather and Allied Product Manufacturing
321—Wood Product Manufacturing
322—Paper Manufacturing
323—Printing and Related Support ActivitiesExcept 323111—Exception is limited to facilities previously classified under SIC 7334, Photocopying and Duplicating Services;
324—Petroleum and Coal Products Manufacturing
325—Chemical ManufacturingExcept 325998—Exception is limited to facilities previously classified under SIC 7389, Business Services, Not Elsewhere Classified;
326—Plastics and Rubber Products ManufacturingExcept 326212—Exception is limited to facilities previously classified under SIC 7534, Tire Retreading and Repair Shops;
327—Nonmetallic Mineral Product ManufacturingExcept 327110—Exception is limited to facilities previously classified under SIC 5719, Miscellaneous Home Furnishings Stores;
331—Primary Metal Manufacturing
332—Fabricated Metal Product Manufacturing
333—Machinery Manufacturing
334—Computer and Electronic Product ManufacturingExcept 334614—Exception is limited to facilities previously classified under SIC 7372, Prepackaged Software; and to facilities previously classified under SIC 7819, Services Allied to Motion Picture Production;
335—Electrical Equipment, Appliance, and Component ManufacturingExcept 335312—Exception is limited to facilities previously classified under SIC 7694, Armature Rewinding Shops;
336—Transportation Equipment Manufacturing
337—Furniture and Related Product ManufacturingExcept 337110—Exception is limited to facilities previously classified under SIC 5712, Furniture Stores;
Except 337121—Exception is limited to facilities previously classified under SIC 5712, Furniture Stores;
   Except 337122—Exception is limited to facilities previously classified under SIC 5712, Furniture Stores;
339—Miscellaneous ManufacturingExcept 339113—Exception is limited to facilities previously classified under SIC 5999, Miscellaneous Retail Stores, Not Elsewhere Classified;
   Except 339115—Exception is limited to lens grinding facilities previously classified under SIC 5995, Optical Goods Stores;
   Except 339116—Exception is limited to facilities previously classified under SIC 8072, Dental Laboratories;
111998—All Other Miscellaneous Crop FarmingLimited to facilities previously classified under SIC 2099, Food Preparations, Not Elsewhere Classified;
113310—Logging
211130—Natural Gas ExtractionLimited to facilities that recover sulfur from natural gas and previously classified under SIC 2819, Industrial Inorganic Chemicals, Not Elsewhere Classified;
212324—Kaolin and Ball Clay MiningLimited to facilities operating without a mine or quarry and previously classified under SIC 3295, Minerals and Earths, Ground or Otherwise Treated;
212325—MiningLimited to facilities operating without a mine or quarry and previously classified under SIC 3295, Minerals and Earths, Ground or Otherwise Treated;
212393—Other Chemical and Fertilizer Mineral MiningLimited to facilities operating without a mine or quarry and previously classified under SIC 3295, Minerals and Earths, Ground or Otherwise Treated;
212399—All Other Nonmetallic Mineral MiningLimited to facilities operating without a mine or quarry and previously classified under SIC 3295, Minerals and Earths, Ground or Otherwise Treated;
488390—Other Support Activities for Water TransportationLimited to facilities previously classified under SIC 3731, Shipbuilding and Repairing;
511110—Newspaper Publishers
511120—Periodical Publishers
511130—Book Publishers
511140—Directory and Mailing List PublishersExcept facilities previously classified under SIC 7331, Direct Mail Advertising Services;
511191—Greeting Card Publishers
511199—All Other Publishers
512230—Music PublishersExcept facilities previously classified under SIC 8999, Services, Not Elsewhere Classified;
512250—Record Production and DistributionLimited to facilities previously classified under SIC 3652, Phonograph Records and Prerecorded Audio Tapes and Disks;
519130—Internet Publishing and Broadcasting and Web Search PortalsLimited to Internet publishing facilities previously classified under SIC 2711, Newspapers: Publishing, or Publishing and Printing; facilities previously classified under SIC 2721, Periodicals: Publishing, or Publishing and Printing; facilities previously classified under SIC 2731, Books: Publishing, or Publishing and Printing; facilities previously classified under SIC 2741, Miscellaneous Publishing; facilities previously classified under SIC 2771, Greeting Cards; Except for facilities primarily engaged in web search portals;
541713—Research and Development in NanotechnologyLimited to facilities previously classified under SIC 3764, Guided Missile and Space Vehicle Propulsion Units and Propulsion Unit Parts; and facilities previously classified under SIC 3769, Guided Missile and Space Vehicle Parts and Auxiliary Equipment, Not Elsewhere Classified;
541715—Research and Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and Biotechnology)Limited to facilities previously classified under SIC 3764, Guided Missile and Space Vehicle Propulsion Units and Propulsion Unit Parts; and facilities previously classified under SIC 3769, Guided Missile and Space Vehicle Parts and Auxiliary Equipment, Not Elsewhere Classified;
811490—Other Personal and Household Goods Repair and MaintenanceLimited to facilities previously classified under SIC 3732, Boat Building and Repairing.

(c) NAICS codes that correspond to SIC codes other than SIC codes 20 through 39.

Subsector or Industry codeExceptions and/or limitations
212111—Bituminous Coal and Lignite Surface Mining
212112—Bituminous Coal and Underground Mining
212113—Anthracite Mining
212221—Gold Ore Mining
212222—Silver Ore Mining
212230—Copper, Nickel, Lead, and Zinc Mining
212299—Other Metal Ore Mining
221111—Hydroelectric Power GenerationLimited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.
221112—Fossil Fuel Electric Power GenerationLimited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.
221113—Nuclear Electric Power GenerationLimited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.
221118—Other Electric Power GenerationLimited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.
221121—Electric Bulk Power Transmission and ControlLimited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.
221122—Electric Power DistributionLimited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.
221330—Steam and Air Conditioning SupplyLimited to facilities previously classified under SIC 4939, Combination Utility Services, Not Elsewhere Classified.
424690—Other Chemical and Allied Products Merchant Wholesalers
424710—Petroleum Bulk Stations and Terminals
425110—Business to Business Electronic MarketsLimited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified.
425120—Wholesale Trade Agents and BrokersLimited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified.
562112—Hazardous Waste CollectionLimited to facilities primarily engaged in solvent recovery services on a contract or fee basis and previously classified under SIC 7389, Business Services, Not Elsewhere Classified;
562211—Hazardous Waste Treatment and DisposalLimited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.
562212—Solid Waste LandfillLimited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.
562213—Solid Waste Combustors and IncineratorsLimited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.
562219—Other Nonhazardous Waste Treatment and DisposalLimited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.
562920—Materials Recovery FacilitiesLimited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.

[71 FR 32474, June 6, 2006, as amended at 73 FR 32470, June 9, 2008; 78 FR 42882, July 18, 2013; 82 FR 60909, Dec. 26, 2017]

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