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.