1998 EPCRA 313 Q&A, Question # 66

66. Many bulk petroleum stations operating in some midwestern states sell their petroleum products directly to end users. These plants typically sell to farmers and construction companies, as well as state and local governments. Generally, quantities are transferred to the customer in quantities of 500 gallons or less. For these facilities, distribution to retail facilities may make up approximately 5 percent of their overall customer business. Are these facilities considered bulk wholesale distributors of petroleum products, or are they more appropriately classified in retail trade and therefore not covered under EPCRA Section 313?
Based on the facts provided in the question, these facilities are properly classified in SIC code 5171 (bulk petroleum stations and terminals), which are included in the list of facilities covered under EPCRA Section 313. According to the SIC code Manual (1987 edition) '...establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, construction contractors, or professional business users; or other wholesalers; or acting as agents or brokers in buying or selling merchandise to such persons or companies' are properly classified in Division F, Wholesale Trade, and are therefore covered under EPCRA Section 313, beginning with the reporting year 1998. EPA believes that the facilities described in the above question are appropriately classified in the Wholesale Division as defined in the SIC code manual.

Additional Details

Question # 66 Source EPCRA Section 313 Questions and Answers (Revised 1998 Version) (PDF)(306 pp, 3.4 MB, November 1998)
ID 98-066 Status Archived
Category 1. Determining Whether or Not to Report: Facility Subcategory 1.D. Multi-Establishment Facilities
Keyword(s) Multi-Activity Facility, Petroleum Bulk Stations, SIC Codes
Updated Q&A Question Number 30
Prior Q&A [Archived] Question Number 117, 1998 Newly Added Industries
Revision
History
Prior Source: [Archived] Question Number 117, 1998 Newly Added Industries: Contractors: Employee Threshold; Establishment; Petroleum; Reporting Requirements; SIC Codes. 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.