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.