1998 EPCRA 313 Q&A, Question # 9

9. Two distinct SIC code operations that are covered under EPCRA Section 313 (e.g., an electricity generating unit and a cement plant) are located on adjacent properties and are owned by the same parent company. The two operations are operated completely independently of one another (e.g., separate accounting procedures, employees, etc.). Are these two operations considered one facility under EPCRA Section 313?
Yes. Under EPCRA Section 313, a facility is defined as, 'all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person.' Because these two operations are located on adjacent properties and are owned by the same person they are considered one facility for EPCRA Section 313 reporting purposes.

Additional Details

Question # 9 Source EPCRA Section 313 Questions and Answers (Revised 1998 Version) (PDF)(306 pp, 3.4 MB, November 1998)
ID 98-009 Status Archived
Category 1. Determining Whether or Not to Report: Facility Subcategory 1.A. Types of Facilities That Must Report
Keyword(s) Definition of Facility
Updated Q&A Question Number 23
Prior Source: Addendum Question #6.Addendum means that the source of the 1998 Q"A is the Addendum to the Guidance Documents for the Newly Added Industries (EPA 745-B-98-001). Type of Change: No Change to the Original - No Change to the Original indicates that either no change was made between the original Q"A and the 1998 version of the Q"A or that the only edits that were made involved punctuation changes. Description of Substantive Edits: NA - NA indicates no substantive edits were made to the original Question and Answer.