2004 Q&A Addendum, Question # 37

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.

Additional Details

Question # 37 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 04-037 Status Archived
Category 1. Determining Whether or Not to Report: Facility Subcategory 1.H. Auxiliary Facilities
Keyword(s) Auxiliary Facility, Laboratory, Multi-Establishment, SIC Codes
Updated Q&A Question Number 45
Prior Q&A [Archived] Question Number 230, 1998 EPCRA 313 Q&A
Prior Source: [Archived] Question Number 230, 1998 EPCRA 313 Q&A: Auxiliary Facility; Laboratory; Multi-Establishment; 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