Questions and Answers

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  • 1 - 18 of 18
Questions and AnswersKeyword(s)Category(hidden - contains search text)(hidden - contains search text)FedFac
Establishment; Facility; NAICS1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19009 19-009 9 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Establishment (Multi-Establishment; Multiestablishment); Facility; NAICS (Industry Code) 9. What is the definition of primary SIC code? How can there be more than one SIC code for a facility?A primary SIC 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 SIC code because a facility may be made up of several establishments each of which may have a different primary SIC code. Note that the North American Industry Classification System (NAICS) is the economic classification system that replaced the 1987 SIC code system. A Federal Register notice was published on June 6, 2006 (71 FR 32464) adopting NAICS codes for TRI reporting.</div></b><div style="visibility:hidden"></div></b>-
Multi-Activity Facility; NAICS; Petroleum Bulk Stations1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19030 19-030 30 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Multi-Activity Facility; NAICS (Industry Code); Petroleum Bulk Stations 30. Many bulk petroleum stations operating in some midwestern states sell their petroleum products directly to end users. These plants typically sell to farmers and construction companies, as well as state and local governments. Generally, quantities are transferred to the customer in quantities of 500 gallons or less. For these facilities, distribution to retail facilities may make up approximately 5 percent of their overall customer business. Are these facilities considered bulk wholesale distributors of petroleum products, or are they more appropriately classified in retail trade and therefore not covered under EPCRA section 313?Based on the facts provided in the question, these facilities were properly classified in SIC code 5171 (bulk petroleum stations and terminals), which are included in the list of facilities covered under EPCRA section 313 as listed in 40 CFR 372.23(a). According to the SIC code manual (1987 edition) ‘...establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, construction contractors, or professional business users; or other wholesalers; or acting as agents or brokers in buying or selling merchandise to such persons or companies’ are properly classified in Division F, Wholesale Trade, and are therefore covered under EPCRA section 313, beginning with the reporting year 1998. EPA believes that the facilities described in the above question are appropriately classified in the Wholesale Division as defined in the SIC code manual. Note that the North American Industry Classification System (NAICS) is the economic classification system that replaced the 1987 SIC code system. A Federal Register notice was published on June 6, 2006 (71 FR 32464) adopting NAICS codes for TRI reporting.</div></b><div style="visibility:hidden"></div></b>-
Definition of Facility1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19033 19-033 33 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Definition of Facility 33. A single company owns two divisions that operate separately. Both divisions are within a covered NAICS code. The two divisions are located on contiguous/adjacent property that is divided by a public right-of-way. The entrance and exit between the two operations are not at a cross-roads (i.e., access between the two operations can only be gained by going along the public right-of-way, not simply crossing the public right-of-way). Are the two divisions considered two separate facilities under EPCRA section 313?No. Because the two divisions are owned by the same person and are physically contiguous/adjacent to one another, except for a public right-of-way, they are considered one facility for Section 313 reporting purposes. A facility may consist of more than one establishment. The entrances to each establishment within a multi-establishment facility do not have to be located at a crossroads in order to meet the definition of facility. EPCRA section 313 defines a 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’ (40 CFR Section 372.3).</div></b><div style="visibility:hidden"></div></b>-
Multi-Activity Facility; NAICS1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19037 19-037 37 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Multi-Activity Facility; NAICS (Industry Code) 37. NAICS code 562 (waste management and remediation services) contains many diverse activities. How does a facility that conducts more than one activity in NAICS 562 and is regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq., determine if it is primarily engaged in solvent recovery, and therefore, covered under EPCRA section 313?A facility that conducts several uniquely different activities that are within NAICS 562 and is regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq., should identify the value added of the goods or services that each activity contributes. A facility is considered to be “primarily engaged” in solvent recovery if the goods or services produced by the solvent recovery activity have a value added of more than 50 percent of the total value added of all goods and services produced at the facility, or if the value added of the goods and services produced by the solvent recovery activity of the facility are greater than the value added of the goods and services produced by any other activity at the facility.</div></b><div style="visibility:hidden"></div></b>-
Definition of Facility; Establishment; Multi-Establishment; NAICS1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19108 19-108 108 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Definition of Facility; Establishment (Multi-Establishment; Multiestablishment); Multi-Establishment; NAICS (Industry Code) 108. Clarify the application of NAICS codes for facility versus establishment?The NAICS code system classifies businesses on the basis of an establishment, which is generally a single business unit at one location. Many Section 313 covered facilities will be equivalent to an establishment. If the facility’s NAICS code is a covered NAICS code, the facility has met the NAICS code criterion for reporting under EPCRA section 313 (40 CFR Section 372.23). However, a reporting facility can encompass several establishments located on a single site or on contiguous or adjacent sites owned or operated by the same entity. Therefore, a Section 313 facility can be a multi-establishment complex. To determine if a multi-establishment complex is a covered facility, the owner/operator must determine the complex’s primary NAICS code based on the relative value added of products and services provided by the various establishments. If the primary NAICS code for the facility is a covered NAICS code, the facility has met the NAICS code criterion (40 CFR Section 372.22(b)).</div></b><div style="visibility:hidden"></div></b>-
Activity Index; Multi-Establishment1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19109 19-109 109 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Activity Index (Production Ratio; Activity Ratio); Multi-Establishment 109. A covered facility is comprised of several establishments. None of the establishments meet a chemical activity threshold separately, but together, the facility exceeds a chemical activity threshold. Since no single establishment exceeds the reporting quantities, is it necessary for the facility to file a Form R?The covered facility, not the establishments, must report if the facility meets all of the reporting criteria. The threshold determination for manufacture, process, or otherwise use of the listed chemical must be made by adding the amounts of the chemical from appropriate activities of all the facility’s establishments.</div></b><div style="visibility:hidden"></div></b>-
Multi-Establishment; NAICS1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19110 19-110 110 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Multi-Establishment; NAICS (Industry Code) 110. Suppose a facility consists of several establishments, some of which have primary NAICS codes within the covered NAICS codes and some of which have primary NAICS codes outside that range. How would this facility determine if it is covered by EPCRA section 313?To determine if a facility is covered by EPCRA section 313, the facility must determine if it meets the NAICS code criterion. To make this determination, the facility must report if those establishments that are in the covered NAICS codes have a combined value added of more than 50 percent of the total value added of services provided or products shipped or produced by the whole facility, or if one of those covered NAICS code establishments has a value added of services or products shipped or produced that is greater than the value added of any other establishment in the facility (40 CFR Section 372.22(b)(3)). If the facility determines that the establishments meet this test, the entire facility has met the NAICS code criterion. If the entire facility also meets the employee and chemical activity thresholds (based on all establishments at the facility), then the entire facility would be subject to EPCRA section 313 reporting.</div></b><div style="visibility:hidden"></div></b>-
Facility; Multi-Establishment1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19111 19-111 111 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Facility; Multi-Establishment 111. If a company has a plant in New Jersey, which processes 15,000 pounds of methanol, and a plant in Texas, which processes the same amount of methanol, do both plants have to report as establishments of a facility?No. The two processing plants are separate facilities because they are not located within the same, or adjacent, or contiguous physical boundary. Thus, their activities are not additive and neither would report for methanol because the processing threshold of 25,000 pounds has not been met by either facility.</div></b><div style="visibility:hidden"></div></b>-
Multi-Establishment; Reporting Criteria1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19112 19-112 112 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Multi-Establishment; Reporting Criteria 112. A facility consists of several different establishments. In terms of the NAICS Code determination, how is product value defined? Where do state and federal taxes fit into the calculation of value? Is pre-tax or after tax value counted? Over what period of time is value calculated?Product value should be based on the total sales before taxes, not profits. Total product value includes the value of services provided, products shipped, and/or products produced. This includes a fair market value for inter-company transfers, including a reasonable proportion of overhead and profits. If the facility transports the products itself, the value of the transportation services should be part of the calculation of the total value of all production, shipments, and/or service. Taxes collected from customers and forwarded to local, state, or federal taxing authorities should be excluded from the calculation of product value. Taxes that are paid by manufacturers, wholesalers, or retailers upstream of the facility and passed on to the facility in the price of goods and services it purchases should be included in the calculation of product value. The time period for calculating product value should be the reporting year in question.</div></b><div style="visibility:hidden"></div></b>-
Multi-Establishment; NAICS1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19113 19-113 113 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Multi-Establishment; NAICS (Industry Code) 113. A multi-establishment facility grows wheat and mills it into flour. At the agriculture portion of the facility, all of the wheat grain is grown, harvested and placed into a silo. After leaving the silo, 20 percent of the wheat grain is sold, while the remaining 80 percent of the wheat grain is milled into flour and packaged. If the facility farms and sells more than it mills into flour and sells, is it a covered facility? What is the primary NAICS code of this facility?In order to make the facility coverage determination, the facility must compare the value added of products shipped and/or produced at the two different establishments (i.e., agriculture versus the flour processing). The value added of the product produced at the agricultural establishment (not in a covered NAICS code) is the market value of all the wheat grain harvested during the reporting year. The value added of the product from the milling/packaging establishment (in a covered NAICS code) is the value added of the products shipped and/or produced minus the market value of the wheat grain used to produce the flour. In other words, you do not double count the value of the wheat grain as part of the value added of the products from the flour processing operation. If the value added of milled flour products is greater than the market value of harvested grain, then the facility’s primary NAICS code would be within a covered NAICS code and the facility would be subject to reporting under EPCRA section 313.</div></b><div style="visibility:hidden"></div></b>-
Multi-Establishment; NAICS1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19114 19-114 114 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Multi-Establishment; NAICS (Industry Code) 114. A facility has two establishments, one in NAICS code 314110 (a covered NAICS code), and one in NAICS code 721120 (not a covered NAICS code). In determining the facility’s primary NAICS code, the facility must determine the value added of the services provided and/or products shipped from or produced by each establishment. Some of the employees who support the establishment in NAICS code 721120 work entirely off-site, either at home or at clients’ sites. Should the facility consider this off-site work when determining the value added of the services provided by NAICS code 721120?Yes. In determining the primary NAICS code, the facility should consider the value added of services provided by each establishment, including services provided by employees who work for that establishment at home or who service that establishment’s products at clients’ sites (see 40 CFR Section 372.22(b)(3)).</div></b><div style="visibility:hidden"></div></b>-
Multi-Establishment; Zero Releases1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19115 19-115 115 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Multi-Establishment; Zero Releases (0 Releases) 115. A covered facility with three establishments exceeds an activity threshold for a listed toxic chemical. The facility has the option to file one form to cover the activities at the entire facility or they may file forms for each of the establishments as long as the threshold determinations and release and other waste management calculations are based on all of the activities at the entire facility. The facility chooses to file separate Form R reports for each establishment. All three of the establishments conduct a threshold activity with the listed toxic chemical. However, one establishment does not release or perform any waste management activities with the listed toxic chemical. Must this establishment also file a Form R or can the facility submit only two Form R reports?If individual establishments or groups of establishments report separately for one listed toxic chemical, they must report separately all covered activities, releases, and other quantities of the toxic chemical managed as waste. Therefore, if each establishment conducts a threshold activity with the toxic chemical, each establishment is also required to report separately for the toxic chemical even if the establishment had no releases or other waste management activities with the toxic chemical. Such establishments should make certain that they file a complete Form R including reporting the chemical activity information on Part I, Section 3 of the Form.</div></b><div style="visibility:hidden"></div></b>-
Multi-Establishment1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19120 19-120 120 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Multi-Establishment 120. Each establishment of a multi-establishment facility files its own Form R for a toxic chemical. The waste that this multi-establishment facility ships off-site is inventoried on an entire facility basis. To report the listed toxic chemical in this waste, does each establishment estimate their percentage of the total listed toxic chemical in the waste or can one establishment report the entire quantity of the listed toxic chemical in the waste?If individual establishments or groups of establishments report separately for one listed toxic chemical they must report separately all releases and other quantities of the toxic chemical managed as waste. Therefore, in the case cited above, one establishment cannot report the off-site transport quantity of a toxic chemical in waste from the entire facility. Each establishment would have to report separately its percentage of the transfer quantity.</div></b><div style="visibility:hidden"></div></b>-
Multi-Establishment1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19122 19-122 122 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Multi-Establishment 122. A facility consists of many establishments and the operators have chosen to file Form Rs by establishment rather than as a facility. Establishment 1 has a manufacturing process that otherwise uses over 10,000 pounds of a listed toxic chemical. Establishment 1 sends its wastewater to establishment 2, where it is treated. Establishment 2 just treats the toxic chemical and does not use it anywhere else. Since a Form R has to be filed because of establishment 1’s activities, how should the operator of establishment 2 fill out the Form R? Specifically, how should establishment 2 address Part II Section 3 for activities and uses at the facility? How should establishment 2 reflect the releases resulting from the waste treatment?Since the facility has chosen to report separately as two establishments, rather than not answering that Section of the Form R, EPA recommends that establishment 2 check the block 3.3(c) for otherwise use as an ancillary use. The rest of the Form R can be filled out as if that second establishment had triggered reporting itself. If any further questions were to arise about activities at establishment 2, its required record keeping should indicate that the Form R is for treatment only and reflects releases and other waste management activities transferred to establishment 2 by other establishments.</div></b><div style="visibility:hidden"></div></b>-
Multi-Establishment; Reporting Responsibility1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19124 19-124 124 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Multi-Establishment; Reporting Responsibility 124. Establishments A, B, and C are all part of a facility and the facility elects to file Form Rs by establishment for chemicals that exceeded a threshold based on combined activities. The facility exceeds the reporting threshold for benzene, but only establishments A and B use any benzene. Is establishment C required to file a Form R report for benzene?Provided that establishment C has no amounts of the toxic chemical involved in threshold or release and other waste management calculations, establishment C is not required to submit a report for that chemical.</div></b><div style="visibility:hidden"></div></b>-
Facility; Multi-Establishment1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19125 19-125 125 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Facility; Multi-Establishment 125. Two manufacturing establishments, owned by the same corporation, are divided by a public railroad. One establishment has rented parking lot space from the other establishment and a walkway was constructed so the employees can go over the railroad tracks to the parking lot. Is this a multi-establishment facility or two separate facilities?Two establishments owned by the same corporation separated by a railroad constitute one facility for Section 313, since they are still physically adjacent to one another except for a public right-of-way. Therefore, reporting thresholds would be determined by the combined toxic chemical quantities processed, manufactured, or otherwise used at both establishments.</div></b><div style="visibility:hidden"></div></b>-
Facility; Multi-Establishment1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19126 19-126 126 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Facility; Multi-Establishment 126. Two manufacturing plants owned by the same parent company are connected to each other by a thin patch of land on which a pipeline rests that joins the two plants. The pipeline and connecting land are also owned by the same parent company. For the purposes of reporting on the Form R, are the plants considered two separate facilities, or are they establishments of the same facility?Under 40 CFR Section 372.3 the definition of facility means, ‘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 or is controlled by or under common control with such person). A facility may contain more than one establishment.’ Since both plants are connected to each other by a strip of land that is owned by the same parent corporation, they are contiguous and, therefore, are considered establishments of the same facility. This facility must make threshold determinations based on the combined amounts of listed toxic chemicals at both establishments. Both establishments may report together as the same facility or they may report separately provided that the sum of the releases of the establishments reflects the total releases of the facility and threshold determinations are based on activities at the entire facility.</div></b><div style="visibility:hidden"></div></b>-
Definition of Facility; GOCOs1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19907 19-907 907 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Definition of Facility; GOCOs 907. The definition of facility under EPCRA Section 329(4) includes “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).” Two Government-Owned, Contractor-Operated (GOCO) sites are separated by a street. The GOCOs are owned by the same federal agency, but operated by different contractors. When, as required by Executive Order (EO) 13148, the federal agency is making threshold determinations under EPCRA section 313, must it consider the two GOCOs as part of the same federal facility?Yes. The two GOCOs are considered to be a single federal facility for the purposes of EPCRA section 313 threshold determinations and release and other waste management reporting as required by EO 13148. EPA has interpreted “contiguous or adjacent sites” to include sites separated only by a public right-of-way. Therefore, the two GOCOs are considered to occupy sites that are contiguous or adjacent. Each GOCO should provide any information required by the federal facility in making threshold determinations and reporting releases and other waste management under EPCRA section 313. EO 13148 does not alter any separate obligation(s) a GOCO may have under EPCRA and the Pollution Prevention Act (PPA). Private contractors operating at federal facilities must continue to meet any legal reporting requirements they have under EPCRA and PPA. Thus, a GOCO that operates a covered facility under 40 CFR Section 372.22 must file a Form R or an Alternate Certification Statement (Form A) for each toxic chemical for which the facility exceeds an activity threshold as specified in 40 CFR Section 372.25. EO 13148 (65 FR 24595, April 26, 2000) supersedes EO 12856 (August 1993).</div></b><div style="visibility:hidden"></div></b>-
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