2004 Q&A Addendum, Question # 36

36. An auxiliary wastewater treatment plant, which is not a RCRA Subtitle C facility, has taken on the SIC code of a covered facility because it primarily services a covered facility. Does the facility where the treatment plant is located have to report even if the rest of the establishments at that facility are not in the covered SIC codes?
A facility must report only if it meets the employee, SIC code and activity criteria. As long as the SIC code for the wastewater treatment plant is not the primary SIC code for the facility, the SIC code criterion is not met. Therefore, the facility as a whole need not report. The covered facility producing the listed toxic chemical in the waste must report the off-site transfer to the facility containing the wastewater treatment plant.

Additional Details

Question # 36 Source EPCRA Section 313 Questions and Answers Addendum to the Revised 1998 Version as of December 2004 (PDF)(63 pp, 600 KB, November 2004)
ID 04-036 Status Archived
Category 1. Determining Whether or Not to Report: Facility Subcategory 1.H. Auxiliary Facilities
Keyword(s) Auxiliary Facility, SIC Codes
Updated Q&A Question Number 44
Prior Q&A [Archived] Question Number 226, 1998 EPCRA 313 Q&A
Prior Source: [Archived] Question Number 226, 1998 EPCRA 313 Q&A: Auxiliary Facility; SIC Codes.22(b)(3) that multi-establishment facilities should use “value added” as the basis for comparing the relative values of different establishments when determining the primary SIC code for the entire facility. The concept of “value added” has been applied to these Qs " As. (See Toxic Chemical Release Reporting final rule (53 FR 4500, 4501, February 16, 1988) and In Re: Coast Wood Preserving, Inc., EPCRA Appeal No. 02-01 (May 6, 2003)). Revision Explanation: NA