37. 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 SIC code is not in a covered SIC code, then the 50 percent test is used to determine if the whole facility is in the covered SIC codes (40 CFR Section 372.22). In this case, the facility would not be subject to reporting because the primary SIC code is not within the covered SIC codes. However, if the laboratory is within the covered SIC codes because it is an auxiliary establishment providing research to support operations in the covered SIC codes, then the facility would be covered by Section 313.