[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR372.22]

[Page 467]
 
                   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 a Standard Industrial Classification (SIC) 
(as in effect on January 1, 1987) major group or industry code listed in 
Sec.  372.23(a) (for which the corresponding North American Industry 
Classification System (NAICS) (as in effect on January 1, 2002) 
subsector and industry codes are listed in Sec. Sec.  372.23(b) and 
372.23(c)) 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 listed in Sec.  372.23(a), or a primary NAICS subsector 
or industry code listed in Sec.  372.23(b) or Sec.  372.23(c).
    (2) The facility is a multi-establishment complex where all 
establishments have primary SIC major group or industry codes listed in 
Sec.  372.23(a), or primary NAICS subsector or industry codes listed in 
Sec.  372.23(b) or Sec.  372.23(c).
    (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 listed in Sec.  372.23(a), or primary 
NAICS subsector or industry codes listed in Sec.  372.23(b) or Sec.  
372.23(c) 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 listed in Sec.  372.23(a), or a primary NAICS subsector or industry 
code listed in Sec.  372.23(b) or Sec.  372.23(c) 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; 71 FR 32474, June 6, 
2006]

    Effective Date Note: At 73 FR 32470, June 9, 2008, Sec.  372.22 was 
amended by revising paragraph (b) introductory text, effective August 8, 
2008. For the convenience of the user, the revised text is set forth as 
follows:


                   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.

                                * * * * *

    (b) The facility is in a Standard Industrial Classification (SIC) 
(as in effect on January 1, 1987) major group or industry code listed in 
Sec.  372.23(a), for which the corresponding North American Industry 
Classification System (NAICS) (as in effect on January 1, 2007, for 
reporting year 2008 and thereafter) subsector and industry codes are 
listed in Sec.  372.23(b) and (c) by virtue of the fact that it meets 
one of the following criteria:

                                * * * * *