[Code of Federal Regulations]
[Title 40 Volume 25]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR372.22]

[Page 456-457]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 372--TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW--Table 
of Contents
 
                    Subpart B--Reporting Requirements
 
Sec. 372.22  Covered facilities for toxic chemical release reporting.


    A facility that meets all of the following criteria for a calendar 
year is a covered facility for that calendar year and must report under 
Sec. 372.30.
    (a) The facility has 10 or more full-time employees.
    (b) The facility is in Standard Industrial Classification (SIC) (as 
in effect on January 1, 1987) major group codes 10 (except 1011, 1081, 
and 1094), 12 (except 1241), or 20 through 39; industry

[[Page 457]]

codes 4911, 4931, or 4939 (limited to facilities that combust coal and/
or oil for the purpose of generating power for distribution in 
commerce); or 4953 (limited to facilities regulated under the Resource 
Conservation and Recovery Act, subtitle C, 42 U.S.C. section 6921 et 
seq.), or 5169, or 5171, or 7389 (limited to facilities primarily 
engaged in solvent recovery services on a contract or fee basis) by 
virtue of the fact that it meets one of the following criteria:
    (1) The facility is an establishment with a primary SIC major group 
or industry code in the above list.
    (2) The facility is a multi-establishment complex where all 
establishments have primary SIC major group or industry codes in the 
above list.
    (3) The facility is a multi-establishment complex in which one of 
the following is true:
    (i) The sum of the value of services provided and/or products 
shipped and/or produced from those establishments that have primary SIC 
major group or industry codes in the above list is greater than 50 
percent of the total value of all services provided and/or products 
shipped from and/or produced by all establishments at the facility.
    (ii) One establishment having a primary SIC major group or industry 
code in the above list contributes more in terms of value of services 
provided and/or products shipped from and/or produced at the facility 
than any other establishment within the facility.
    (c) The facility manufactured (including imported), processed, or 
otherwise used a toxic chemical in excess of an applicable threshold 
quantity of that chemical set forth in Sec. 372.25, Sec. 372.27, or 
Sec. 372.28.

[53 FR 4525, Feb. 16, 1988, as amended at 59 FR 61501, Nov. 30, 1994; 62 
FR 23892, May 1, 1997; 64 FR 58750, Oct. 29, 1999]