Questions and Answers

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Facility; NAICS; Reporting Criteria1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19002 19-002 2 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility; NAICS (Industry Code); Reporting Criteria 2. What facilities are subject to EPCRA section 313 reporting?A facility must report release and other waste management information pursuant to EPCRA section 313 if it: (1) has 10 or more full-time employees or the equivalent; (2) is in a covered NAICS code; and (3) exceeds any one threshold for manufacturing (including importing), processing, or otherwise using a toxic chemical listed in 40 CFR Section 372.65.</div></b><div style="visibility:hidden"></div></b>-
Alternate Threshold; Form A; Form R; Reporting Criteria1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19003 19-003 3 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Alternate Threshold (Form A); Form A; Form R; Reporting Criteria 3. If a facility triggers TRI reporting thresholds for a listed toxic chemical (i.e., it meets the employee and toxic chemical activity thresholds and is in a covered NAICS code), is it required to report if it had no releases of the toxic chemical during the reporting year?Yes, even if it releases no toxic chemicals into the environment and does not conduct any other waste management activities involving the listed toxic chemical, the facility must submit a TRI reporting form. If the facility meets the employee and chemical activity thresholds and is in a covered NAICS code, but its annual reportable amount of a non-PBT chemical does not exceed 500 pounds and the facility has not manufactured, processed, or otherwise used more than one million pounds of the toxic chemical, the facility may submit the Form A (Alternate Threshold Certification Statement). If the facility exceeds either the 500- or one million-pound limits, it must report on the Form R (40 CFR Section 372.85 and 372.95).</div></b><div style="visibility:hidden"></div></b>-
NAICS1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19004 19-004 4 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report NAICS (Industry Code) 4. Effective January 1, 1997, the Office of Management and Budget adopted the North American Industry Classification System (NAICS), a new economic classification system that replaces the 1987 Standard Industrial Classification (SIC) system (62 FR 17228; April 19, 1997). How will EPA update its EPCRA section 313 regulations to reflect this change?EPA issued a final rule to amend 40 CFR Section 372 and require reporting facilities to include NAICS codes (71 FR 32464; June 6, 2006).</div></b><div style="visibility:hidden"></div></b>-
Facility; NAICS1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19008 19-008 8 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility; NAICS (Industry Code) 8. How do facilities determine their NAICS code?If a facility is not sure what its NAICS code is, it should consult the Census Bureau’s webpages on NAICS codes for assistance. To determine which industries are covered under Section 313, visit TRIs website: https://www.epa.gov/toxics-release-inventory-tri-program/tri-covered-industry-sectors.</div></b><div style="visibility:hidden"></div></b>-
Establishment; Facility; Form A; Form R; NAICS1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19010 19-010 10 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Establishment (Multi-Establishment; Multiestablishment); Facility; Form A; Form R; NAICS (Industry Code) 10. What is the definition of primary NAICS code? How can there be more than one NAICS code for a facility?A primary NAICS code generally represents those goods produced or services performed by an establishment that have the highest value added. Form R and the Alternate Certification Statement (Form A) provide space for more than one NAICS code because a facility may be made up of several establishments each of which may have a different primary NAICS code. Additional information on NAICS codes can be found on the NAICS TRI website.</div></b><div style="visibility:hidden"></div></b>-
Facility; Reporting Requirements; Toxic Chemical List1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19011 19-011 11 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility; Reporting Requirements; Toxic Chemical List 11. Does EPA have the authority to require facilities that don’t meet all of the EPCRA section 313 thresholds to submit TRI reports?Pursuant to EPCRA section 313(b)(2), EPA has the option to apply TRI reporting requirements to the owners and operators of facilities that manufacture, process, or otherwise use a toxic chemical listed in EPCRA section 313(c), yet do not meet the full criteria to trigger reporting. EPCRA section 313(b)(2) also provides an opportunity for governors of states to request that EPA apply TRI requirements to the owners and operators of such facilities. When determining whether to require facilities that do not meet the full criteria to report, EPA considers the toxicity of the chemical, the proximity to other facilities that release the toxic chemical or to population centers, the history of releases of such chemical at a facility, and other factors that EPA deems appropriate when determining whether such action is warranted.</div></b><div style="visibility:hidden"></div></b>-
Facility; NAICS; Releases; Reporting Requirements1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19018 19-018 18 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility; NAICS (Industry Code); Releases (Released); Reporting Requirements 18. One part of applicability for TRI reporting is that the facility is included in a covered North American Industry Classification System (NAICS) code. The Office of Management and Budget (OMB) revises NAICS codes every five years. Which list of NAICS codes are facilities currently required to follow in determining whether they are subject to TRI reporting?EPA has published final rules in the Federal Register updating the list of NAICS codes subject to reporting under TRI to reflect the OMB revisions. As a result of these rulemakings, facilities must use the applicable NAICS code list beginning with TRI reporting forms that are due on July 1 covering releases and other waste management quantities for the prior calendar (reporting) year. This update will not change the universe of facilities that are currently required to submit TRI reports. All facilities currently required to report to TRI will still be required to report. However, some facilities will need to modify the NAICS code that they report on their TRI forms. TRI-MEweb has a list of the applicable NAICS codes automatically populated. No other reporting requirements will change as a result of this rulemaking. Additional information regarding the final rules, including the Federal Register notices, is available at the following URL: https://www.epa.gov/toxics-release-inventory-tri-program/tri-laws-and-regulatory-activities.</div></b><div style="visibility:hidden"></div></b>-
Facility; NAICS; Reporting Requirements1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19019 19-019 19 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility; NAICS (Industry Code); Reporting Requirements 19. If a covered facility changes its primary NAICS code during the reporting year, how should it determine applicability for EPCRA §313 TRI reporting?A facility that changes its primary NAICS code during the reporting year must determine applicability based on the NAICS code that represented a majority of the facility’s activity value. The activity value is the sum of the value of services provided and the products shipped or produced by the facility. If the facility’s activity value while it was in a covered NAICS code is greater than 50 percent of the total value of all services or products provided for the entire year, then the facility would be covered under TRI with respect to the NAICS code applicability criterion. If the facility’s activity value for any one NAICS code used during the year does not exceed 50 percent of the total value of all services or products provided for the entire year, then the facility’s NAICS code with the highest activity value would be the primary NAICS code for the year. If the facility determines that its primary NAICS code was a covered NAICS code, and it met the other applicability requirements in §372.22, then the facility must comply with the TRI reporting requirements.</div></b><div style="visibility:hidden"></div></b>-
Electricity Generating Facility; Facility; Joint Venture; Parent Company1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19020 19-020 20 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Electricity Generating Facility (EGF); Facility; Joint Venture; Parent Company 20. A coal mine, that is subject to EPCRA section 313, is owned and operated by company A and is adjacent to an electricity generating facility (EGF), which is also subject to EPCRA Section 313. The EGF is owned and operated by a joint venture which Company A owns 40 percent of and Company B owns 60%. Are the coal mine and the EGF considered one facility?No. The parent company in a joint venture is the joint venture. The electricity generating facility is owned by Company B and is a separate facility from the adjacent coal mine.</div></b><div style="visibility:hidden"></div></b>-
Facility Closure; Reporting Criteria1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19021 19-021 21 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility Closure (Closed Facility); Reporting Criteria 21. Must the Form R report be submitted by July 1 for facilities that were in operation during part of the reporting year, but which were closed by December 31?Yes. A facility that operated during any part of a reporting year must report if it meets the NAICS code, employee, and chemical activity thresholds for that reporting year.</div></b><div style="visibility:hidden"></div></b>-
Facility; NAICS; Parent Company1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19023 19-023 23 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility; NAICS (Industry Code); Parent Company 23. Two distinct NAICS code operations that are covered under EPCRA section 313 (e.g., an electricity generating facility and a cement plant) are located on adjacent properties and are owned by the same parent company. The two operations are operated completely independently of one another (e.g., separate accounting procedures, employees, etc.). Are these two operations considered one facility under EPCRA section 313?Yes. Under EPCRA section 313 a facility is defined as: all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (40 CFR Section 372.3). Because these two operations are located on adjacent properties and are owned by the same person they are considered one facility for EPCRA section 313 reporting purposes.</div></b><div style="visibility:hidden"></div></b>-
Definition of Facility; NAICS; Vessels1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19024 19-024 24 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Definition of Facility; NAICS (Industry Code); Vessels (Ships; Ship) 24. In Alaska several fish processors have factories on ships. They use ammonia and chlorine in their fish processing operations. Is each ship a covered facility under Section 313 or is the whole group of ships (all of which belong to one company) a covered facility?A facility is defined as all buildings, equipment, structures, and other stationary items which are located on a single site or adjacent or contiguous sites owned or operated by the same person (40 CFR Section 372.3). A ship is not a facility as defined under the Section 313 regulations. It is not stationary and it is not located on a single site (if it moves to other locations). Therefore, the ships should not report even if they are in a covered NAICS code.</div></b><div style="visibility:hidden"></div></b>-
Definition of Facility1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19025 19-025 25 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Definition of Facility 25. A recently constructed facility which has not begun production but is in a covered NAICS code has used several listed toxic chemicals in preparing a reactor bed and distillation columns for manufacturing. Is the facility required to report these chemicals if they exceed the threshold levels?Yes, assuming the facility also meets the employee threshold of at least ten full-time employees or the equivalent. Once a covered facility has been constructed, any toxic chemicals used to prepare production equipment for manufacturing activities must be included towards the threshold determinations that reporting year. This includes start-up activities.</div></b><div style="visibility:hidden"></div></b>-
Definition of Facility1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19027 19-027 27 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Definition of Facility 27. A covered petroleum company sends its hazardous waste containing a Section 313 toxic chemical to a land treatment unit by underground pipeline. The petroleum company and the land treatment unit are owned and operated by the same individual. The land treatment unit is not adjacent nor contiguous to the petroleum company, but the petroleum company maintains a ‘right-of-way’ of the pipe-line. Are these two facilities under EPCRA section 313?Since the land treatment unit is not adjacent nor contiguous to the petroleum company and they are connected only by a pipeline, the two are considered two separate facilities with the same owner/operator, even though the petroleum facility controls ‘right of way’ of the pipeline. However, releases and other waste management activities associated with loading or unloading activities or leaks from a pipeline within either facility would be covered.</div></b><div style="visibility:hidden"></div></b>-
Definition of Facility1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19029 19-029 29 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Definition of Facility 29. Two covered bulk petroleum stations owned by the same parent company, but a considerable distance apart from each other, are connected to each other by a pipeline. The parent company has an easement to access the pipeline but the land on which the pipeline rests is not owned by the parent company. The easement only allows the parent company to conduct repairs on a sporadic basis. The parent company has no other rights to the land and does not exert any other control over the land. For the purposes of reporting on the Form R, are the two stations considered two separate facilities?Yes. Since the two bulk petroleum stations are not contiguous or adjacent properties and are connected only by a pipeline, the two stations are considered two separate facilities with the same owner. The parent company has an easement on which the pipeline is located, but does not control, operate, or own the land on which the pipeline rests to an appropriate degree.</div></b><div style="visibility:hidden"></div></b>-
Contiguous/Adjacent; Definition of Facility; Warehouse1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19032 19-032 32 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Contiguous/Adjacent; Definition of Facility; Warehouse 32. A company houses all of its operations including its manufacturing processes in a leased warehouse that is neither contiguous nor adjacent to the facility. In June, it bought a different warehouse and moved the manufacturing operations there. These two locations are neither adjacent nor contiguous. The company did not shut down or close during this time. How should the company make threshold determinations and report for Section 313?Under EPCRA section 313 a facility is defined as: ‘all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person’ (40 CFR Section 372.3). Because the operations were carried out at two distinctly separate, physical sites, the company operated two separate facilities over the reporting year. The owner/operator of the company, therefore, must make threshold determinations and release and other waste management calculations individually for each facility. The company need only file Form Rs for the facility(ies) that exceeded the reporting thresholds during the reporting year. If independently both facilities meet the reporting criteria, the company must submit the appropriate forms for each facility.</div></b><div style="visibility:hidden"></div></b>-
NAICS1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19034 19-034 34 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report NAICS (Industry Code) 34. Facilities in the scrap and waste materials businesses are in NAICS code 423930, indicating that they assemble, shred, sort, melt, and wholesale scrap metal ingots and waste materials. When they landfill residuals, a small volume of air pollutants are generated. How extensive will the reports be for such operations?Such scrap metal processing facilities are not currently covered by Section 313 reporting requirements if their primary NAICS codes are 423930.</div></b><div style="visibility:hidden"></div></b>-
NAICS; Solvent Recovery1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19036 19-036 36 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report NAICS (Industry Code); Solvent Recovery 36. Is a mobile solvent recovery unit within the solvent recovery NAICS Code?Yes. If the owner or operator of a mobile solvent recovery unit conducts solvent recovery services on a contract or fee basis, it is in NAICS Code 562112 (Hazardous Waste Collection). For more information on NAICS Codes and to determine which industries are covered under Section 313, visit TRI’s website: https://www.epa.gov/toxics-release-inventory-tri-program/my-facilitys-six-digit-naics-code-tri-covered-industry. </div></b><div style="visibility:hidden"></div></b>-
NAICS1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19038 19-038 38 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report NAICS (Industry Code) 38. Is an automobile proving ground facility subject to reporting under Section 313?The NAICS code for ‘automobile proving and testing grounds’ is 541380. It, therefore, is not within a covered NAICS code and would not need to report under EPCRA section 313.</div></b><div style="visibility:hidden"></div></b>-
NAICS1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19046 19-046 46 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report NAICS (Industry Code) 46. Does a facility that is subject to RCRA Subtitle C, and just happens to manage waste generated by facilities within the same company, fall within the covered NAICS code range for EPCRA section 313 reporting?Waste treatment facilities are classified in NAICS Codes beginning with 562, which includes such activities as hazardous waste collection, treatment and disposal, and remediation. Hazardous waste treatment facilities that are regulated under the Resource Conservation and Recovery Act, Subtitle C, 42 U.S.C. Section 6921 et seq. were added in the final rule published on May 1, 1997 (62 FR 23834). Provided that the facility is classified within a covered NAICS code and meets the employee threshold, the facility would be required to consider its chemical management practices for purposes of EPCRA section 313 reporting. A facility’s NAICS code classification is not necessarily affected because it limits activities to facilities within the same company. For more information on NAICS codes and to determine which industries are covered under Section 313, visit TRI’s website: https://www.epa.gov/toxics-release-inventory-tri-program/my-facilitys-six-digit-naics-code-tri-covered-industry. </div></b><div style="visibility:hidden"></div></b>-
NAICS; Reporting Criteria1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19047 19-047 47 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report NAICS (Industry Code); Reporting Criteria 47. I run a trucking company and all I do is pick up the chemicals at the vendor and take them to the customer. Must I report under Section 313?Trucking companies are generally not in a covered NAICS code. If you are not in a covered NAICS code, then you are not required to report under Section 313.</div></b><div style="visibility:hidden"></div></b>-
NAICS; Reporting Responsibility1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19048 19-048 48 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report NAICS (Industry Code); Reporting Responsibility 48. The final rule on facility expansion created regulatory language in 40 CFR Section 372.23(a) that limits the coverage of electricity generating facilities to those that operate in SIC codes 4911, 4931, and 4939 (now covered in NAICS codes beginning with 2211) and specifically to those ‘facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.’ Based on this regulatory language, are electricity generating facilities that only use coal and/or oil to test backup generators considered covered facilities for EPCRA section 313 reporting?No. Use of oil or coal for purposes of testing, (e.g., testing safety equipment at nuclear facilities) would not constitute a use of oil or coal for purposes of generating power for distribution in commerce. However, if a facility intentionally generates excess power during the testing operations for the purpose of distributing it in commerce, the facility would be ‘covered.’ In fact, if the facility is intentionally generating electricity for distribution in commerce, provided that the facility meets the chemical activity and employee thresholds, the facility would be considered ‘covered’ even if only a small amount of fuel oil used.</div></b><div style="visibility:hidden"></div></b>-
Coal or Oil; Electricity Generating Facility; Fuel1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19049 19-049 49 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Coal or Oil; Electricity Generating Facility (EGF); Fuel 49. An electricity generating facility (EGF) in a covered NAICS code combusts kerosene for the purpose of generating power for distribution in commerce. Is the facility subject to EPCRA section 313?Yes. Under the rule that expanded the industry sectors (May 1, 1997; 62 FR 23834) that must report under EPCRA section 313, electricity generating facilities (EGFs) in SIC codes 4911, 4931, and 4939 (now under NAICS codes beginning with 2211) that combust coal and/or oil for the purpose of generating power for distribution in commerce are subject to EPCRA section 313 reporting requirements, provided that the other threshold criteria are met. Pursuant to this expansion, kerosene (as well as petroleum coke) is an oil.</div></b><div style="visibility:hidden"></div></b>-
Coal or Oil; Electricity Generating Facility; Fuel1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19050 19-050 50 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Coal or Oil; Electricity Generating Facility (EGF); Fuel 50. A facility in a NAICS code beginning with 2211 (Electric Utilities) combusts refuse-derived fuel. During the reporting year, the facility combusts small amounts of oil-contaminated debris to produce electricity for distribution into commerce. Is the facility covered by EPCRA section 313?No. Facilities in NAICS codes beginning with 2211 are only covered by EPCRA section 313 if they combust coal and/or oil for the purpose of generating power for distribution in commerce. ‘Coal and/or oil’ does not include non-hazardous oil-contaminated debris. Since the facility is in a NAICS code beginning with 2211, but does not combust coal or oil, it is not covered by EPCRA section 313.</div></b><div style="visibility:hidden"></div></b>-
NAICS; Reporting Responsibility1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19053 19-053 53 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report NAICS (Industry Code); Reporting Responsibility 53. Is a waste management facility that is classified in NAICS code 562212 (Refuse Systems), but is not regulated under Subtitle C of the Resource Conservation and Recovery Act (RCRA), subject to EPCRA section 313?No. Facilities in NAICS code 562212 are only subject to EPCRA section 313 if they are also regulated under RCRA Subtitle C. Many types of waste management facilities operate within NAICS code 562212 that are not regulated under the RCRA Subtitle C programs, such as sanitary landfills, garbage collection, and street refuse systems, which were not added under EPCRA section 313 by the May 1, 1997, final rule.</div></b><div style="visibility:hidden"></div></b>-
Form R Revisions; NAICS1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19054 19-054 54 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Form R Revisions; NAICS (Industry Code) 54. A facility whose NAICS code is outside the covered NAICS codes believes that their current NAICS code is misrepresentative of the facility’s activities. In actuality, the facility may be better represented by an NAICS code within the covered NAICS codes. If the facility changes its NAICS code to a covered group, should they back report for previous reporting years under EPCRA section 313?If the facility has not altered its operations and should have been classified in a covered NAICS code and has met the threshold and employee criteria, it is required to report for all the previous years under EPCRA section 313. If the mix of activities at the facility shifted from non-covered to covered NAICS codes, then it should begin reporting for the year in which the change occurred.</div></b><div style="visibility:hidden"></div></b>-
Facility; Form R; NAICS1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19068 19-068 68 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility; Form R; NAICS (Industry Code) 68. For Part I, section 4.5 of the Form R, how should federal departments and agencies determine the NAICS code(s) for reporting activities being performed at federal facilities?Federal facilities should use NAICS codes that most accurately characterize the activities being performed at the facility. Facilities form preparers and certifying officials can input any NAICS Code when preparing and submitting forms through TRI-MEweb. The Form R allows six different NAICS codes to be reported in Part I, section 4.5. For example, a Forest Service facility (Department of Agriculture) includes forests and an airport to service aircraft used for fighting fires. This facility can enter NAICS codes 115310 (Support Activities for Forestry) and 488119 (Other Airport Operations) into Part I, section 4.5 of the Form R because these NAICS codes best describe the activities being performed at the facility. The federal facility, however, should indicate the primary NAICS code (which NAICS codes most accurately addresses the primary activity at the federal facility) by entering this NAICS code in the first data field (Part I, section 4.5a), which is indicated by a red key icon in TRI-MEweb. In this example, the Forest Service facility may determine that its primary function is forestry services, thus entering 115310 in Part I, section 4.5a.</div></b><div style="visibility:hidden"></div></b>Y
Activity Threshold; Contractors: Employee Threshold; Facility; NAICS; Reporting Criteria; Reporting Requirements; Waste1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19077 19-077 77 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Activity Threshold (Threshold Determination); Contractors: Employee Threshold; Facility; NAICS (Industry Code); Reporting Criteria; Reporting Requirements; Waste 77. A company is contracted to operate equipment at a TRI-covered facility, but the contracted operations do not fall under a covered NAICS code. Is the TRI-covered facility required to count the toxic chemicals used by the contracting company towards any applicable activity thresholds and release and waste management quantities?EPA defines a facility as “all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person that controls, is controlled by, or under common control with such person)” (40 CFR Section 372.3). If a facility meets the TRI reporting criteria (i.e., covered NAICS code for the facility and it exceeds the employee and activity thresholds), then all activities taking place at the facility, even those activities associated with non-covered NAICS codes and/or performed by contractors, are subject to reporting requirements, unless otherwise exempt.</div></b><div style="visibility:hidden"></div></b>-
Facility; Reporting Requirements1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19088 19-088 88 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility; Reporting Requirements 88. An electricity generating facility is owned by a utility authority but operated by a different company. The utility authority has rights to half of the energy produced at the electricity generating facility, and the operator of the facility has rights to the other half. The operator sells its half of the energy to various users, including the utility authority. Who is responsible for reporting?Both the owner and the operator are subject to the Section 313 reporting requirements. However, EPA believes that the operator is more likely to have the information necessary for reporting. If no reports are received from a covered facility both the owner and the operator are liable for penalties.</div></b><div style="visibility:hidden"></div></b>-
Toxic Chemical List1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19154 19-154 154 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Toxic Chemical List 154. Will chemicals be added to or subtracted from the EPCRA section 313 chemical substance list?Yes. The EPCRA lists have evolved since the statute was passed in 1986. As more information has become available on the hazards and toxicity of chemicals, EPA has responded by identifying chemicals to be added to or taken off the EPCRA lists; EPA expects to continue this activity. When chemicals are added to or taken off the EPCRA lists, EPA always publishes a notice in the Federal Register. The most recent instruction booklet for completing the Form R contains the updated chemical list. To obtain information on the latest additions or deletions from the list of EPCRA section 313 chemicals contact the EPCRA Hotline at 1-800-424-9346.</div></b><div style="visibility:hidden"></div></b>Y
Threshold Determination1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19159 19-159 159 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Threshold Determination (Activity Threshold) 159. How does a federal facility determine what EPCRA section 313 chemicals it has on-site?There are many ways a federal facility can identify the EPCRA section 313 chemicals it has on-site. Here are some: (1) look for Safety Data Sheets (SDS); (2) look at acquisition and procurement records; (3) examine existing environmental permits; (4) review process engineering records; (5) look at chemical composition sheets provided by suppliers; and (6) utilize professional knowledge.</div></b><div style="visibility:hidden"></div></b>Y
Otherwise Use; PCB; Process; Releases; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19197 19-197 197 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Otherwise Use; PCB; Process (Processing; Processed; Processes); Releases (Released); Threshold Determination (Activity Threshold) 197. PCBs are removed and stored while the transformer undergoes routine maintenance, and then put back into the transformer. Should the facility consider the amount of PCBs returned into the transformer when making its threshold determinations?The facility must consider any amount of PCBs added to a transformer towards its otherwise use threshold for that chemical if the transformer is to be used on-site or towards the processing threshold if the transformer is to be sent off-site to another facility. The facility is not required to consider the amount of PCBs that are removed then returned to a transformer towards a reporting threshold. Any releases or other waste management of the PCBs during this activity must be reported on the Form R if the facility meets any reporting threshold for PCBs.</div></b><div style="visibility:hidden"></div></b>Y
Compound; Copper; Disposal; Mining; Process; Releases; Waste; Waste Management Activities; Waste Rock1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19666 19-666 666 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Compound (Compounds); Copper (Copper Compounds); Disposal (Dispose); Mining (Mines); Process (Processing; Processed; Processes); Releases (Released); Waste; Waste Management Activities; Waste Rock 666. In the current reporting year, a mining facility exceeded a threshold for copper compounds and reported releases to land of copper in waste rock tailings. If that same waste rock or tailings are beneficiated in the subsequent reporting year, is the disposal of the resulting wastes from the processing of the waste rock considered a release to land?Yes. The facility is required to report the copper in the waste rock tailings as a release to land in both the current reporting year and in the subsequent reporting year. The facility must report the releases and other waste management activities that occur in each reporting year for material that undergoes a non-exempt activity (i.e., facility is not required to consider any further releases of materials that have been disposed of and are not subjected to further management activities).</div></b><div style="visibility:hidden"></div></b>-
Disposal; Landfill; Mining; Waste; Waste Rock1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19667 19-667 667 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Disposal (Dispose); Landfill; Mining (Mines); Waste; Waste Rock 667. A facility is re-mining waste rock which was disposed to land in a prior reporting year. In re-mining the waste rock, a portion of the waste rock previously disposed is taken from the landfill and moved to another location at the facility to allow access to other waste rock that has a metal content sufficient for further beneficiation. Is the waste rock that is taken from the landfill and disposed considered a release to land: Part II section 5.5.4 Other Disposal, despite the fact it was originally reported as release to land for disposal in a prior reporting year?Yes. Toxic chemicals that have been released in one reporting year, must also be reported in subsequent years when the material undergoes non-exempt activities, provided certain thresholds have been exceeded. The facility is required to report the listed toxic chemical in the waste rock as a release to land because the toxic chemicals have been displaced and subsequently 'released' or disposed in a following reporting year. </div></b><div style="visibility:hidden"></div></b>-
Facility; States; Tribes1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19732 19-732 732 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility; States (Tribes); Tribes 732. To what governmental entities should federal facilities with operations that straddle state or local jurisdictional lines report under EPCRA?The facility should report to all appropriate states or local jurisdictions in which the federal facility is fully or partially located. </div></b><div style="visibility:hidden"></div></b>Y
Facility; TRI Facility Identification Number1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19775 19-775 775 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility; TRI Facility Identification Number (TRIFID) 775. How are Toxics Release Inventory Facility Identification Numbers (TRIFID) established?A TRIFID is established when a facility owner or operator first submits a TRI Form R or Form A for a particular location. The facility retains this identification number even if the facility changes ownership, name, production processes, or NAICS codes. A facility owner or operator that needs to inquire whether the facility’s location has been assigned a TRIFID in past reporting years should contact the CDX Help Desk at (888) 890-1995 or the Regional TRI Coordinator, or search for the TRIFID or location on the Envirofacts Web site at: https://www3.epa.gov/enviro/. A facility owner or operator filing a first-time submission should request a TRIFID within TRI-MEweb, and a new TRIFID will be assigned automatically. To request a TRIFID, open TRI-MEweb, select the “My Facilities” tab, and click on the “Access/Add Facility” button. From this page, select the “I will be transmitting reports for a facility that has not previously transmitted TRI data” option, click “Next” and follow the instructions. Print the TRI-MEweb page that displays your new TRIFID and access key for future reporting.</div></b><div style="visibility:hidden"></div></b>-
Data Quality; Facility; Recordkeeping1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19794 19-794 794 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Data Quality; Facility; Recordkeeping 794. What are the recordkeeping requirements for TRI facilities?Standard recordkeeping practices are essential for accurate and efficient TRI reporting. It is in the facility’s interest, as well as EPAs, to maintain records properly. Facilities must keep a copy of each report filed for at least three years from the date of submission. Facilities must also maintain documents, calculations, worksheets, and other information that they used to prepare prior reports. If there appears to be a problem with a facility’s report, EPA may ask the facility to submit its supporting documentation. EPA may conduct data quality reviews of facilities TRI submissions. An essential component of this process involves reviewing a facility’s records for accuracy and completeness. EPA recommends that facilities also keep records for those EPCRA section 313 chemicals for which they did not file EPCRA section 313 reports.</div></b><div style="visibility:hidden"></div></b>-
Facility1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19824 19-824 824 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility 824. Can a facility that does not meet the threshold criteria voluntarily submit a TRI report?EPA allows for voluntary reporting under EPCRA section 313 if a facility does not meet all three threshold criteria but would still like to submit a TRI report. TRI-MEweb will allow a facility to submit a TRI form even if it does not meet the thresholds as the application does not require information from the preparer on the threshold calculations for the facility.</div></b><div style="visibility:hidden"></div></b>-
Activity Threshold; Facility; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19881 19-881 881 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Activity Threshold (Threshold Determination); Facility; Threshold Determination (Activity Threshold) 881. Are there any reference tools that can help a facility determine if it is subject to TRI reporting?EPA has developed the TRI Threshold Screening Tool to assist facilities in making applicability determinations. The Threshold Screening Tool uses a step-by-step questionnaire to assist facilities in determining whether they meet or exceed established facility, employee, and activity thresholds, and thus, whether they are required to submit a TRI report. As a reference tool, the TRI Threshold Screening Tool is only intended to help facilities determine whether they are required to report TRI data. It does not conclusively determine whether a facility is legally obligated to report TRI data, nor does it conclusively indicate whether an exemption might apply to the facility. Information entered into the TRI Threshold Screening Tool will not be pre-populated into forms that may be required for submission via TRI-MEweb. For this reason, it is suggested that users print out the Threshold Screening Report on the Summary Threshold Screening page in the tool for reference when completing their TRI forms. The Threshold Screening Tool is available at the following URL: https://www.epa.gov/toxics-release-inventory-tri-program/tri-threshold-screening-tool.</div></b><div style="visibility:hidden"></div></b>-
EO 131481. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19900 19-900 900 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report EO 13148 900. When was Executive Order 13148 signed, and when was it published in the Federal Register?Executive Order 13148, “Greening the Government Through Leadership in Environmental Management,” was signed by President Clinton on April 21, 2000. The Order was published in the Federal Register on April 26, 2000 (65 FR 24595). This Executive Order superseded EO 12856, originally signed August 3, 1993.</div></b><div style="visibility:hidden"></div></b>Y
EO 131481. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19901 19-901 901 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report EO 13148 901. What phone number can people call to receive information on EO 13148?To receive information on EO 13148, federal facilities can call the Emergency Planning and Community Right-to-Know Information Hotline at 1-800-424-9346. </div></b><div style="visibility:hidden"></div></b>Y
EO 13148; States1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19902 19-902 902 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report EO 13148; States (Tribes) 902. If state right-to-know laws are more stringent than EPCRA, must federal facilities comply with the state right-to-know requirements and EPCRA requirements as well?No. EO 13148 does not require federal facilities to comply with state and local right-to-know requirements that are more stringent than EPCRA requirements. However, federal facilities are encouraged to be “leaders and responsible members of their communities by informing the public and their workers of possible sources of pollution resulting from facility operations.” In addition, EO 13148 does not remove any reporting obligation for private sector facilities or federal facilities if the state right-to-know laws require compliance by those facilities. </div></b><div style="visibility:hidden"></div></b>Y
EO 13148; Reporting Requirements1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19903 19-903 903 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report EO 13148; Reporting Requirements 903. Can EPA fine a federal facility if the facility does not comply with EO 13148?No. EO 13148 does not give EPA the authority to fine federal facilities. However, section 406 authorizes EPA to conduct reviews and inspections of federal facilities as necessary to monitor compliance with TRI, pollution prevention, and community right-to-know reporting requirements as set out in Part 5. Section 406(c) requires EPA to report annually to the President on federal agency compliance with sections 501 and 504 of the Executive Order. </div></b><div style="visibility:hidden"></div></b>Y
Reporting Requirements1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19904 19-904 904 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Reporting Requirements 904. When did federal facilities begin reporting under EPCRA section 313?Federal facilities were required to report under EPCRA section 313 no later than the 1994 reporting year. Some federal facilities, however, began reporting voluntarily before the 1994 reporting year. </div></b><div style="visibility:hidden"></div></b>Y
EO 13148; Reporting Requirements1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19905 19-905 905 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report EO 13148; Reporting Requirements 905. What are the minimum criteria for a facility to meet that could result in the agency's having to comply with EO 13148 for that facility?A federal facility must comply with EPCRA section 313 if the total number of work hours at the facility meets or exceeds 20,000 in a year (roughly equal to 10 or more full time employees), and the facility meets or exceeds “manufacture,” “process,” or “otherwise use” thresholds for an EPCRA section 313 chemical. Federal facilities must include the activities of GOCO facilities located at the federal facility when making their threshold and other waste management determinations. </div></b><div style="visibility:hidden"></div></b>Y
EO 13148; Establishment1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19908 19-908 908 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report EO 13148; Establishment (Multi-Establishment; Multiestablishment) 908. Executive Order 13148 requires federal agencies to comply with EPCRA section 313 and section 6607 of PPA. What is a “federal agency?”“Federal agency” is equivalent to an “Executive agency” as defined in 5 USC 105. Title 5 USC 105 defines an “Executive agency” as “an Executive department [including military departments under the auspices of the Department of Defense], a Government corporation and an independent establishment.” Examples of federal agencies are the Department of Defense (DOD), the Department of Interior (DOI), the Tennessee Valley Authority (TVA), and the National Aeronautics and Space Administration (NASA). </div></b><div style="visibility:hidden"></div></b>Y
EO 131481. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19909 19-909 909 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report EO 13148 909. How should a federal facility determine if it is a “federal agency,” and, therefore, subject to comply with EO 13148?It is the responsibility of each federal agency to make sure that its facilities have fulfilled their obligation to comply with the EO. If a federal facility is unsure whether its agency meets the criteria for a “federal agency” as defined in Title 5 U.S.C., then the facility should consult its general counsel. </div></b><div style="visibility:hidden"></div></b>Y
Facility1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19910 19-910 910 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility 910. What is a federal “facility” for EPCRA purposes?EPCRA section 329(a) defines “facility” as “all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person which controls, is controlled by, or under common control with, such person).”</div></b><div style="visibility:hidden"></div></b>Y
Activity Threshold; EO 13148; Facility; Tribes1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19911 19-911 911 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Activity Threshold (Threshold Determination); EO 13148; Facility; Tribes 911. If the Bureau of Indian Affairs operates a facility on a reservation, is the facility subject to EPCRA requirements as a result of Executive Order 13148?Yes. The Bureau of Indian Affairs is part of the Department of Interior (DOI), which is a federal agency. If the facility meets the activity threshold requirements under EPCRA section 313, then the facility must report. The facility should submit reports both to EPA and to the state, unless the American Indian tribe has chosen to act independently of the state for the purpose of section 313 reporting. If this is the case, the facility should submit reports to the tribal emergency response commission (TERC), or until the TERC is established, the Chief Executive Officer of the Indian tribe, as well as to EPA. </div></b><div style="visibility:hidden"></div></b>Y
EO 13148; States1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19912 19-912 912 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report EO 13148; States (Tribes) 912. What states or territories are covered by Executive Order 13148?Section 902(b) states that “this order applies to Federal facilities in any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession over which the United States has jurisdiction.” In addition, the Executive Order encourages federal facilities outside these areas to “be leaders and responsible members in their communities” (section 203) by making “best efforts to comply with the goals of this order at those facilities.” (Section 902(b)). </div></b><div style="visibility:hidden"></div></b>Y
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