40 C.F.R. § 372.23
Current through September 30, 2024
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.
| Major group or industry code | Exceptions and/or limitations |
| 10 | Except 1011, 1081, and 1094. |
| 12 | Except 1241. |
| 20 through 39 | |
| 1321 | |
| 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. |
| 311-Food Manufacturing | Except 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 Manufacturing | Except 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 Mills | Except 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 Mills | Except 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 Manufacturing | Except 315290-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 Activities | Except 323111-Exception is limited to facilities previously classified under SIC 7334, Photocopying and Duplicating Services. |
| 324-Petroleum and Coal Products Manufacturing | |
| 325-Chemical Manufacturing | Except 325998-Exception is limited to facilities previously classified under SIC 7389, Business Services, Not Elsewhere Classified. |
| 326-Plastics and Rubber Products Manufacturing | Except 326212-Exception is limited to facilities previously classified under SIC 7534, Tire Retreading and Repair Shops. |
| 327-Nonmetallic Mineral Product Manufacturing | Except 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 Manufacturing | Except 334610-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 Manufacturing | Except 335312-Exception is limited to facilities previously classified under SIC 7694, Armature Rewinding Shops. |
| 336-Transportation Equipment Manufacturing | |
| 337-Furniture and Related Product Manufacturing | Except 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 Manufacturing | Except 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 Farming | Limited to facilities previously classified under SIC 2099, Food Preparations, Not Elsewhere Classified. |
| 113310-Logging | |
| 211130-Natural Gas Extraction | Limited to facilities that recover sulfur from natural gas and previously classified under SIC 2819, Industrial Inorganic Chemicals, Not Elsewhere Classified. |
| 212323-Kaolin, Clay, and Ceramic and Refractory Minerals Mining | Limited to facilities operating without a mine or quarry and previously classified under SIC 3295, Minerals and Earths, Ground or Otherwise Treated. |
| 212390-Other Nonmetallic Mineral Mining and Quarrying | Limited to facilities previously classified under SIC 3295, Minerals and Earths, Ground or Otherwise Treated. |
| 488390-Other Support Activities for Water Transportation | Limited to facilities previously classified under SIC 3731, Shipbuilding and Repairing. |
| 512230-Music Publishers | Except facilities previously classified under SIC 8999, Services, Not Elsewhere Classified. |
| 512250-Record Production and Distribution | Limited to facilities previously classified under SIC 3652, Phonograph Records and Prerecorded Audio Tapes and Disks. |
| 5131-Newspaper, Periodical, Book, and Directory Publishers | Except for facilities primarily engaged in web search portals and except for facilities previously classified under SIC 7331, Direct Mail Advertising Services and SIC 8999, Services Not Elsewhere Classified. |
| 516210-Media Streaming Distribution Services, Social Networks, and Other Media Networks and Content Providers | Limited 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. |
| 519290-Web Search Portals and All Other Information Services | Limited 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 Nanotechnology | 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. |
| 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 Maintenance | Limited to facilities previously classified under SIC 3732, Boat Building and Repairing. |
| 211130-Natural Gas Extraction | Limited to facilities classified under SIC 1321, Natural Gas Liquids. |
| 212114-Surface Coal Mining | |
| 212115-Underground Coal Mining | |
| 212220-Gold Ore and Silver Ore Mining | |
| 212230-Copper, Nickel, Lead and Zinc Mining | |
| 212290-Other Metal Ore Mining | Limited to facilities previously classified under SIC 1061, Ferroalloy Ores, Except Vanadium (nickel); and facilities previously classified under SIC 1099, Miscellaneous Metal Ores, Not Elsewhere Classified. |
| 221111-Hydroelectric Power Generation | Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. |
| 221112-Fossil Fuel Electric Power Generation | Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. |
| 221113-Nuclear Electric Power Generation | Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. |
| 221114-Solar Electric Power Generation | Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. |
| 221115-Wind Electric Power Generation | Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. |
| 221116-Geothermal Electric Power Generation | Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. |
| 221117-Biomass Electric Power Generation | Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. |
| 221118-Other Electric Power Generation | Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. |
| 221121-Electric Bulk Power Transmission and Control | Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. |
| 221122-Electric Power Distribution | Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. |
| 221210-Natural Gas Distribution | Limited to facilities previously classified under SIC 4931, Electric and Other Services Combined and facilities previously classified under SIC 4939, Combination Utilities, Not Elsewhere Classified. |
| 221330-Steam and Air Conditioning Supply | Limited to facilities previously classified under SIC 4939, Combination Utilities, Not Elsewhere Classified. |
| 424690-Other Chemical and Allied Products Merchant Wholesalers | |
| 424710-Petroleum Bulk Stations and Terminals | |
| 425120-Wholesale Trade Agents and Brokers | Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified. |
| 562112-Hazardous Waste Collection | Limited 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 Disposal | Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq. |
| 562212-Solid Waste Landfill | Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq. |
| 562213-Solid Waste Combustors and Incinerators | Limited 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 Disposal | Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq. |
| 562920-Materials Recovery Facilities | Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq. |
40 C.F.R. §372.23