1998 EPCRA 313 Q&A, Question # 79

79. A single company owns two divisions that operate separately. Both divisions are within a covered SIC code. The two divisions are located on contiguous/adjacent property that is divided by a public right-of-way. The entrance and exit between the two operations are not at a cross-roads (i.e., access between the two operations can only be gained by going along the public right-of-way, not simply crossing the public right-of-way). Are the two divisions considered two separate facilities under EPCRA Section 313?
No. Because the two divisions are owned by the same person and are physically contiguous/adjacent to one another, except for a public right-of-way, they are considered one facility for Section 313 reporting purposes. A facility may consist of more than one establishment. The entrances to each establishment within a multi-establishment facility do not have to be located at a crossroads in order to meet the definition of facility. EPCRA Section 313 defines a facility 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' (40 CFR Section 372.3).

Additional Details

Question # 79 Source EPCRA Section 313 Questions and Answers (Revised 1998 Version) (PDF)(306 pp, 3.4 MB, November 1998)
ID 98-079 Status Archived
Category 1. Determining Whether or Not to Report: Facility Subcategory 1.D. Multi-Establishment Facilities
Keyword(s) Definition of Facility, Right-of-Way
Updated Q&A Question Number 33
Prior Q&A [Archived] Question Number 7, 1998 Newly Added Industries
Prior Source: [Archived] Question Number 7, 1998 Newly Added Industries: Contiguous/Adjacent; Definition of Facility; Establishment; Facility; Multi-Establishment; Right-of-Way; 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.