1998 EPCRA 313 Q&A, Question # 16

16. The final rule on facility expansion created regulatory language in 40 CFR Section 372.22(b) that limits the coverage of electricity generating facilities to those that operate in SIC codes 4911, 4931, and 4939 and specifically to those 'facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.' Based on this regulatory language, are electricity generating facilities that only use coal and/or oil to test backup generators considered covered facilities for EPCRA Section 313 reporting?
No. Use of oil or coal for purposes of testing, (e.g., testing safety equipment at nuclear facilities) would not constitute a use of oil or coal for purposes of generating power for distribution in commerce. However, if a facility intentionally generates excess power during the testing operations for the purpose of distributing it in commerce, the facility would be 'covered.' In fact, if the facility is intentionally generating electricity for distribution in commerce, provided that the facility meets the chemical activity and employee thresholds, the facility would be considered 'covered' even if only a small amount of fuel oil used.

Additional Details

Question # 16 Source EPCRA Section 313 Questions and Answers (Revised 1998 Version) (PDF)(306 pp, 3.4 MB, November 1998)
ID 98-016 Status Archived
Category 1. Determining Whether or Not to Report: Facility Subcategory 1.A. Types of Facilities That Must Report
Keyword(s) Reporting Responsibility, SIC Codes
Updated Q&A Question Number 48
Prior Q&A [Archived] Question Number 15, 1998 Newly Added Industries
Revision
History
Prior Source: [Archived] Question Number 15, 1998 Newly Added Industries: Facility; Fuel; SIC Codes; Testing. 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: Minor - Minor edits are those edits which only involve non-substantive additions or deletions of words to provide clarity in the Question and Answer. Description of Substantive Edits: NA - NA indicates no substantive edits were made to the original Question and Answer.