Questions and Answers

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  • 1 - 11 of 11
Questions and AnswersKeyword(s)Category(hidden - contains search text)(hidden - contains search text)FedFac
NAICS1. Determining Whether or Not to Report: Facility >
1.H. Auxiliary Facilities
<div style="visibility:hidden">19031 19-031 31 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.H. Auxiliary Facilities NAICS (Industry Code) 31. A retail gas station sells only products supplied by one covered bulk petroleum station. Is the retail gas station considered an auxiliary facility and therefore does it take on the covered NAICS code of the bulk petroleum station?No. While the retail gas station sells only products supplied by the covered bulk petroleum station it is not an auxiliary facility because it does not support the operation of the bulk petroleum station (i.e., the retail sale of gasoline and other petroleum products is a distinctly separate activity that benefits the gas station as opposed to benefitting the bulk petroleum station). The SIC system assigned SIC codes to auxiliary facilities according to the primary activity of the establishment that they served. An auxiliary facility was one that supported another facility’s activities. An auxiliary facility could assume the SIC code of another covered facility if its primary function is to serve that other covered facility’s operations. However, the NAICS system does not recognize the concept of auxiliary facilities and assigns NAICS codes to all establishments based on their own activities. For the purpose of establishing consistency with the NAICS classification methodology, EPA changed its interpretation of the applicability of TRI reporting requirements to auxiliary facilities. As a result, some establishments previously considered to be auxiliary will no longer be subject to TRI reporting.</div></b><div style="visibility:hidden"></div></b>-
Reporting Responsibility1. Determining Whether or Not to Report: Facility >
1.H. Auxiliary Facilities
<div style="visibility:hidden">19035 19-035 35 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.H. Auxiliary Facilities Reporting Responsibility 35. A chemical distribution facility has an off-site chemical bulk storage unit on a non-contiguous property that is typically unmanned. When filling orders for customers, the facility sends trucks to the off-site bulk storage unit, ‘drums-off’ a specified amount and delivers the order to the customer. What reporting is required for the chemicals that are processed at this off-site location?The off-site location may itself be classified as a chemical distribution facility and be covered in terms of its NAICS code designation. The off-site bulk storage facility may also assume the NAICS code of the covered chemical distributor that it supports and also be considered covered. In terms of determining if the off-site facility meets the employee threshold, potentially requiring it to report, the facility should consider all of the hours spent servicing the units such as product delivery, tank clean-out, and construction in making that determination. If these hours add up to 20,000 hours over the course of the reporting year, the facility would meet the employee threshold and would be required to consider its chemical activities. It is possible that the type of employee hours associated with the off-site bulk storage facility would potentially exceed thresholds in one year and not in another.</div></b><div style="visibility:hidden"></div></b>-
Establishment; Facility; NAICS; Reporting Requirements; Storage; Warehouse1. Determining Whether or Not to Report: Facility >
1.H. Auxiliary Facilities
<div style="visibility:hidden">19040 19-040 40 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.H. Auxiliary Facilities Establishment (Multi-Establishment; Multiestablishment); Facility; NAICS (Industry Code); Reporting Requirements; Storage; Warehouse 40. An auxiliary facility is one that supports another covered establishment’s activities (e.g., research and development laboratories, warehouses, and storage facilities). How has the switch from the Standard Industrial Classification (SIC) system to the North American Industry Classification System (NAICS) for TRI reporting affected auxiliary facilities?The SIC system assigned SIC codes to auxiliary facilities according to the primary activity of the establishment that they serve. NAICS does not recognize the concept of auxiliary facilities and assigns NAICS codes to all establishments based on their own activities. For the purpose of establishing consistency with the NAICS classification methodology, EPA changed its interpretation of the applicability of TRI reporting requirements to auxiliary facilities. As a result, some auxiliary establishments will no longer be subject to TRI reporting. For the years in which SIC codes and auxiliary facilities were relevant (Reporting Years 1991-2005), TRI-MEweb will automatically guide users to select a SIC code in lieu of a NAICS code. TRI-MEweb contains a list of NAICS codes for users to search and select. For example, Company X owns and operates a rice milling facility with NAICS code 311212. Company X also owns a warehouse where the finished product from the rice milling facility is stored before it is distributed to customers. Under the SIC system, the warehouse would have adopted the same SIC code as the rice milling facility (2044) and would be subject to TRI reporting if it met the other applicability criteria. However, under the NAICS system, the warehouse would not adopt the code of the rice milling facility and would be assigned a NAICS code based on its own economic activity. As a result, the warehouse might not be subject to the TRI reporting requirements.</div></b><div style="visibility:hidden"></div></b>-
Reporting Criteria1. Determining Whether or Not to Report: Facility >
1.H. Auxiliary Facilities
<div style="visibility:hidden">19041 19-041 41 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.H. Auxiliary Facilities Reporting Criteria 41. Are auxiliary facilities associated with activities at a facility in a covered SIC code exempt from reporting under Section 313?No. The SIC system assigned SIC codes to auxiliary facilities according to the primary activity of the establishment that they served. An auxiliary facility was one that supported another facility’s activities. An auxiliary facility could assume the SIC code of another covered facility if its primary function is to serve that other covered facility’s operations. However, the NAICS system does not recognize the concept of auxiliary facilities and assigns NAICS codes to all establishments based on their own activities. For the purpose of establishing consistency with the NAICS classification methodology, EPA changed its interpretation of the applicability of TRI reporting requirements to auxiliary facilities. As a result, some auxiliary establishments will no longer be subject to TRI reporting.</div></b><div style="visibility:hidden"></div></b>-
NAICS; Reporting Responsibility1. Determining Whether or Not to Report: Facility >
1.H. Auxiliary Facilities
<div style="visibility:hidden">19042 19-042 42 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.H. Auxiliary Facilities NAICS (Industry Code); Reporting Responsibility 42. An airplane engine repair shop (not in a covered NAICS code) owns an auxiliary facility at a separate location that does metal plating for the engine repair shop and other unrelated facilities (in a covered NAICS code). Would the plating facility be exempt?This facility would be considered a separate operating establishment conducting a manufacturing activity. It would, therefore, need to make the employee and activity threshold determinations and report, if appropriate, because it falls within a covered NAICS code.</div></b><div style="visibility:hidden"></div></b>-
Reporting Requirements1. Determining Whether or Not to Report: Facility >
1.H. Auxiliary Facilities
<div style="visibility:hidden">19043 19-043 43 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.H. Auxiliary Facilities Reporting Requirements 43. A reclamation center collects and sorts scrap metal received from many different facilities owned by the same corporate entity. This corporate entity also performs the reclamation center’s payroll. Is this reclamation center considered an auxiliary facility and therefore subject to EPCRA section 313 reporting requirements?No. For the purposes of EPCRA section 313, auxiliary facilities are primarily engaged in performing support services for another facility, or establishment of a primary company. In general, the company performs the auxiliary facility’s basic administrative services (e.g. filing paperwork, performing payroll activities, or employing the auxiliary facility’s administrative staff). In addition, auxiliary facilities perform an integral role in the primary company’s activities. Both of these factors must be present to establish an auxiliary facility. Because reclamation is not integral to the primary company’s activities, the reclamation center does not play an integral role in the primary company’s operations and it would not be considered an auxiliary facility. Note that the NAICS system does not recognize the concept of auxiliary facilities and assigns NAICS codes to all establishments based on their own activities. For the purpose of establishing consistency with the NAICS classification methodology, EPA changed its interpretation of the applicability of TRI reporting requirements to auxiliary facilities. As a result, some auxiliary establishments will no longer be subject to TRI reporting.</div></b><div style="visibility:hidden"></div></b>-
NAICS1. Determining Whether or Not to Report: Facility >
1.H. Auxiliary Facilities
<div style="visibility:hidden">19044 19-044 44 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.H. Auxiliary Facilities NAICS (Industry Code) 44. Does a facility, which is not a RCRA Subtitle C facility, where a wastewater treatment plant is located have to report even if the rest of the establishments at that facility are not in the covered NAICS codes?A facility must report only if it meets the employee, NAICS code and activity criteria. Because the NAICS code criterion is not met, the facility as a whole need not report. </div></b><div style="visibility:hidden"></div></b>-
Laboratory; Multi-Establishment; NAICS1. Determining Whether or Not to Report: Facility >
1.H. Auxiliary Facilities
<div style="visibility:hidden">19045 19-045 45 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.H. Auxiliary Facilities Laboratory; Multi-Establishment; NAICS (Industry Code) 45. Is my facility covered by EPCRA section 313 if the value added of laboratory research at my facility is greater than 50 percent of the total value added of goods and services produced at my facility?If the research laboratory is a separate establishment from the other activities at the facility and its NAICS code is not in a covered NAICS code, then the 50 percent test is used to determine if the whole facility is in the covered NAICS codes (40 CFR Section 372.22). In this case, the facility would not be subject to reporting because the primary NAICS code is not within the covered NAICS codes. </div></b><div style="visibility:hidden"></div></b>-
Electricity Generating Facility; NAICS1. Determining Whether or Not to Report: Facility >
1.H. Auxiliary Facilities
<div style="visibility:hidden">19133 19-133 133 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.H. Auxiliary Facilities Electricity Generating Facility (EGF); NAICS (Industry Code) 133. An electricity generating facility in NAICS code 221112 uses a separate facility (Facility A) for ash disposal. Facility A’s primary function is to dispose ash generated at the electricity generating facility. Facility A does not produce electricity. Is Facility A, which is not contiguous or adjacent to the electricity generating facility, subject to EPCRA section 313?No. Facilities in NAICS code 221112 are only covered by EPCRA section 313 if they also combust coal or oil for purposes of generating electricity for distribution into commerce. Since Facility A does not combust coal or oil for distribution into commerce, it is not subject to reporting under Section 313.</div></b><div style="visibility:hidden"></div></b>-
Reporting Responsibility; Warehouse1. Determining Whether or Not to Report: Facility >
1.H. Auxiliary Facilities
<div style="visibility:hidden">19170 19-170 170 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.H. Auxiliary Facilities Reporting Responsibility; Warehouse 170. An electricity generating facility in NAICS code 221112 combusts coal for generating power for distribution in commerce. A warehouse is located several miles away and stores materials for the electricity generating facility. While the warehouse serves as support to a covered facility, the warehouse does not combust coal or oil. Is the warehouse subject to EPCRA section 313?No. Facilities in NAICS code 221112 are only covered by EPCRA section 313 if they also combust coal or oil for purposes of generating electricity for distribution into commerce. Since the warehouse does not combust coal or oil, it is not subject to reporting under Section 313.</div></b><div style="visibility:hidden"></div></b>-
NAICS1. Determining Whether or Not to Report: Facility >
1.H. Auxiliary Facilities
<div style="visibility:hidden">19171 19-171 171 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.H. Auxiliary Facilities NAICS (Industry Code) 171. A covered facility consists of three establishments. If a warehouse located on a non-contiguous/adjacent site 20 miles away solely supports one of the covered facility’s establishments that is not within a covered NAICS code, is that warehouse considered a covered facility because of its status as an auxiliary facility?No. The SIC system assigned SIC codes to auxiliary facilities according to the primary activity of the establishment that they served. However, the NAICS system does not recognize the concept of auxiliary facilities and assigns NAICS codes to all establishments based on their own activities. For the purpose of establishing consistency with the NAICS classification methodology, EPA changed its interpretation of the applicability of TRI reporting requirements to auxiliary facilities. As a result, some auxiliary establishments will no longer be subject to TRI reporting. Because the warehouse assumes a non-covered NAICS code, it is not a covered facility.</div></b><div style="visibility:hidden"></div></b>-
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