[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR372.23]

[Page 468-471]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 372_TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW--Table of 
 
                    Subpart B_Reporting Requirements
 
Sec.  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
------------------------------------------------------------------------
10...........................  Except 1011, 1081, and 1094.
12...........................  Except 1241.
20 through 39
4911, 4931, 4939.............  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.
4953.........................  Limited to facilities regulated under the
                                Resource Conservation and Recovery Act,
                                42 U.S.C. 6921, et seq.
5169
5171
7389.........................  Limited 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.

[[Page 469]]



------------------------------------------------------------------------
  Subsector code or industry
             code                    Exceptions and/or limitations
------------------------------------------------------------------------
311..........................  Except 311119--Exception is limited to
                                facilities primarily engaged in Custom
                                Grain Grinding for Animal Feed
                                (previously classified under SIC 0723,
                                Crop Preparation Services for Market,
                                Except Cotton Ginning);
                               Except 311330--Exception is limited to
                                facilities primarily engaged in the
                                retail sale of candy, nuts, popcorn and
                                other confections not for immediate
                                consumption made on the premises
                                (previously classified under SIC 5441,
                                Candy, Nut, and Confectionery Stores);
                               Except 311340--Exception is limited to
                                facilities primarily engaged in the
                                retail sale of candy, nuts, popcorn and
                                other confections not for immediate
                                consumption made on the premises
                                (previously classified under SIC 5441,
                                Candy, Nut, and Confectionery Stores);
                               Except 311811--Retail Bakeries
                                (previously classified under SIC 5461,
                                Retail Bakeries);
                               Except 311611--Exception is limited to
                                facilities primarily engaged in Custom
                                Slaughtering for individuals (previously
                                classified under SIC 0751, Livestock
                                Services, Except Veterinary,
                                Slaughtering, custom: for individuals);
                               Except 311612--Exception is limited to
                                facilities primarily engaged in the
                                cutting up and resale of purchased fresh
                                carcasses for the trade (including boxed
                                beef), (previously classified under SIC
                                5147, Meats and Meat Products);
312..........................  Except 312229--Exception is limited to
                                facilities primarily engaged in
                                providing Tobacco Sheeting Services
                                (previously classified under SIC 7389,
                                Business Services, NEC);
313..........................  Except 313311--Exception is limited to
                                facilities primarily engaged in
                                converting broadwoven piece goods and
                                broadwoven textiles, (previously
                                classified under SIC 5131, Piece Goods
                                Notions, and Other Dry Goods, broadwoven
                                and non-broadwoven piece good
                                converters), and facilities primarily
                                engaged in sponging fabric for tailors
                                and dressmakers (previously classified
                                under SIC 7389, Business Services, NEC
                                (Sponging fabric for tailors and
                                dressmakers));
                               Except 313312--Exception is limited to
                                facilities primarily engaged in
                                converting narrow woven Textiles, and
                                narrow woven piece goods, (previously
                                classified under SIC 5131, Piece Goods
                                Notions, and Other Dry Goods,
                                converters, except broadwoven fabric);
314..........................  Except 314121--Exception is limited to
                                facilities primarily engaged in making
                                Custom drapery for retail sale
                                (previously classified under SIC 5714,
                                Drapery, Curtain, and Upholstery
                                Stores);
                               Except 314129--Exception is limited to
                                facilities primarily engaged in making
                                Custom slipcovers for retail sale
                                (previously classified under SIC 5714,
                                Drapery, Curtain, and Upholstery
                                Stores);
                               Except 314999--Exception is limited to
                                facilities primarily engaged in Binding
                                carpets and rugs for the trade, Carpet
                                cutting and binding, and Embroidering on
                                textile products (except apparel) for
                                the trade (previously classified under
                                SIC 7389, Business Services Not
                                Elsewhere Classified, Embroidering of
                                advertising on shirts and Rug binding
                                for the trade);
315..........................  Except 315222--Exception is limited to
                                custom tailors primarily engaged in
                                making and selling men's and boys'
                                suits, cut and sewn from purchased
                                fabric (previously classified under SIC
                                5699, Miscellaneous Apparel and
                                Accessory Stores (custom tailors));
                               Except 315223--Exception is limited to
                                custom tailors primarily engaged in
                                making and selling men's and boys' dress
                                shirts, cut and sewn from purchased
                                fabric (previously classified under SIC
                                5699, Miscellaneous Apparel and
                                Accessory Stores (custom tailors));
                               Except 315233--Exception is limited to
                                custom tailors primarily engaged in
                                making and selling bridal dresses or
                                gowns, or women's, misses' and girls'
                                dresses cut and sewn from purchased
                                fabric (except apparel
                                contractors)(custom dressmakers)
                                (previously classified under SIC Code
                                5699, Miscellaneous Apparel and
                                Accessory Stores);
316
321
322
323..........................  Except 323114--Exception is limited to
                                facilities primarily engaged in
                                reproducing text, drawings, plans, maps,
                                or other copy, by blueprinting,
                                photocopying, mimeographing, or other
                                methods of duplication other than
                                printing or microfilming (i.e., instant
                                printing) (previously classified under
                                SIC 7334, Photocopying and Duplicating
                                Services, (instant printing));
324
325..........................  Except 325998--Exception is limited to
                                facilities primarily engaged in Aerosol
                                can filling on a job order or contract
                                basis (previously classified under SIC
                                7389, Business Services, NEC (aerosol
                                packaging));
326..........................  Except 326212--Tire Retreading,
                                (previously classified under SIC 7534,
                                Tire Retreading and Repair Shops
                                (rebuilding));
327
331
332
333
334..........................  Except 334611--Software Reproducing
                                (previously classified under SIC 7372,
                                Prepackaged Software, (reproduction of
                                software));
                               Except 334612--Exception is limited to
                                facilities primarily engaged in mass
                                reproducing pre-recorded Video
                                cassettes, and mass reproducing Video
                                tape or disk (previously classified
                                under SIC 7819, Services Allied to
                                Motion Picture Production (reproduction
                                of Video));
335..........................  Except 335312--Exception is limited to
                                facilities primarily engaged in armature
                                rewinding on a factory basis (previously
                                classified under SIC 7694 (Armature
                                Rewinding Shops (remanufacturing));
336
337..........................  Except 337110--Exception is limited to
                                facilities primarily engaged in the
                                retail sale of household furniture and
                                that manufacture custom wood kitchen
                                cabinets and counter tops (previously
                                classified under SIC 5712, Furniture
                                Stores (custom wood cabinets));

[[Page 470]]


                               Except 337121--Exception is limited to
                                facilities primarily engaged in the
                                retail sale of household furniture and
                                that manufacture custom made upholstered
                                household furniture (previously
                                classified under SIC 5712, Furniture
                                Stores (upholstered, custom made
                                furniture));
                               Except 337122--Exception is limited to
                                facilities primarily engaged in the
                                retail sale of household furniture and
                                that manufacture nonupholstered,
                                household type, custom wood furniture
                                (previously classified under SIC 5712,
                                Furniture Stores (custom made wood
                                nonupholstered household furniture
                                except cabinets));
339..........................  Except 339115--Exception is limited to
                                lens grinding facilities that are
                                primarily engaged in the retail sale of
                                eyeglasses and contact lenses to
                                prescription for individuals (previously
                                classified under SIC 5995, Optical Goods
                                Stores (optical laboratories grinding of
                                lenses to prescription));
                               Except 339116--Dental Laboratories
                                (previously classified under SIC 8072,
                                Dental Laboratories);
111998.......................  Limited to facilities primarily engaged
                                in reducing maple sap to maple syrup
                                (previously classified under SIC 2099,
                                Food Preparations, NEC, Reducing Maple
                                Sap to Maple Syrup);
211112.......................  Limited to facilities that recover sulfur
                                from natural gas (previously classified
                                under SIC 2819, Industrial Inorganic
                                Chemicals, NEC (recovering sulfur from
                                natural gas));
212324.......................  Limited to facilities operating without a
                                mine or quarry and that are primarily
                                engaged in beneficiating kaolin and clay
                                (previously classified under SIC 3295,
                                Minerals and Earths, Ground or Otherwise
                                Treated (grinding, washing, separating,
                                etc. of minerals in SIC 1455));
212325.......................  Limited to facilities operating without a
                                mine or quarry and that are primarily
                                engaged in beneficiating clay and
                                ceramic and refractory minerals
                                (previously classified under SIC 3295,
                                Minerals and Earths, Ground or Otherwise
                                Treated (grinding, washing, separating,
                                etc. of minerals in SIC 1459));
212393.......................  Limited to facilities operating without a
                                mine or quarry and that are primarily
                                engaged in beneficiating chemical or
                                fertilizer mineral raw materials
                                (previously classified under SIC 3295,
                                Minerals and Earths, Ground or Otherwise
                                Treated (grinding, washing, separating,
                                etc. of minerals in SIC 1479));
212399.......................  Limited to facilities operating without a
                                mine or quarry and that are primarily
                                engaged in beneficiating nonmetallic
                                minerals (previously classified under
                                SIC 3295, Minerals and Earths, Ground or
                                Otherwise Treated (grinding, washing,
                                separating, etc. of minerals in SIC
                                1499));
488390.......................  Limited to facilities that are primarily
                                engaged in providing routine repair and
                                maintenance of ships and boats from
                                floating drydocks (previously classified
                                under SIC 3731, Shipbuilding and
                                Repairing (floating drydocks not
                                associated with a shipyard));
511110
511120
511130
511140.......................  Except facilities that are primarily
                                engaged in furnishing services for
                                direct mail advertising including
                                Address list compilers, Address list
                                publishers, Address list publishers and
                                printing combined, Address list
                                publishing, Business directory
                                publishers, Catalog of collections
                                publishers, Catalog of collections
                                publishers and printing combined,
                                Mailing list compilers, Directory
                                compilers, and Mailing list compiling
                                services (previously classified under
                                SIC 7331, Direct Mail Advertising
                                Services (mailing list compilers));
511191
511199
512220
512230.......................  Except facilities primarily engaged in
                                Music copyright authorizing use, Music
                                copyright buying and licensing, and
                                Music publishers working on their own
                                account (previously classified under SIC
                                8999, Services, NEC (music publishing));
516110.......................  Limited to facilities primarily engaged
                                in Internet newspaper publishing
                                (previously classified under SIC 2711,
                                Newspapers: Publishing, or Publishing
                                and Printing), Internet periodical
                                publishing (previously classified under
                                SIC 2721, Periodicals: Publishing, or
                                Publishing and Printing), Internet book
                                publishing (previously classified under
                                SIC 2731, Books: Publishing, or
                                Publishing and Printing), Miscellaneous
                                Internet publishing (previously
                                classified under SIC 2741, Miscellaneous
                                Publishing), Internet greeting card
                                publishers (previously classified under
                                SIC 2771, Greeting Cards);
541710.......................  Limited to facilities that are primarily
                                engaged in Guided missile and space
                                vehicle engine research and development
                                (previously classified under SIC 3764,
                                Guided Missile and Space Vehicle
                                Propulsion Units and Propulsion Unit
                                Parts), and in Guided missile and space
                                vehicle parts (except engines) research
                                and development (previously classified
                                under SIC 3769, Guided Missile and Space
                                Vehicle Parts and Auxiliary Equipment,
                                Not Elsewhere Classified);
811490.......................  Limited to facilities that are primarily
                                engaged in repairing and servicing
                                pleasure and sail boats without
                                retailing new boats (previously
                                classified under SIC 3732, Boat Building
                                and Repairing (pleasure boat building));
------------------------------------------------------------------------

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

[[Page 471]]



------------------------------------------------------------------------
  Subsector or industry code         Exceptions and/or limitations
------------------------------------------------------------------------
212111
212112
212113
212221
212222
212231
212234
212299
221111.......................  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.
221112.......................  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.
221113.......................  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.
221119.......................  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.
221121.......................  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.
221122.......................  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.
424690
424710
425110.......................  Limited to facilities previously
                                classified in SIC 5169, Chemicals and
                                Allied Products, Not Elsewhere
                                Classified.
425120.......................  Limited to facilities previously
                                classified in SIC 5169, Chemicals and
                                Allied Products, Not Elsewhere
                                Classified.
562112.......................  Limited to facilities primarily engaged
                                in solvent recovery services on a
                                contract or fee basis (previously
                                classified under SIC 7389, Business
                                Services, NEC);
562211.......................  Limited to facilities regulated under the
                                Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
562212.......................  Limited to facilities regulated under the
                                Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
562213.......................  Limited to facilities regulated under the
                                Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
562219.......................  Limited to facilities regulated under the
                                Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
562920.......................  Limited 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]