Question # 133

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.

Additional Details

Question # 133 Source EPCRA Section 313 Questions & Answers 2019 Consolidation Document (PDF)(413 pp, 2.4 MB, April 2019)
ID 19-133 Status Current
Category 1. Determining Whether or Not to Report: Facility Subcategory 1.H. Auxiliary Facilities
Keyword(s) Electricity Generating Facility (EGF), NAICS (Industry Code)
Prior Q&A [Archived] Question Number 231, 1998 EPCRA 313 Q&A
Updated SIC codes to NAICS codes; Added updated information