1998 EPCRA 313 Q&A, Question # 233

233. A reclamation center collects and sorts scrap metal received from many different facilities owned by the same corporate entity. This corporate entity also performs the reclamation center's payroll. Is this reclamation center considered an auxiliary facility and therefore subject to EPCRA Section 313 reporting requirements?
No. For the purposes of EPCRA Section 313, auxiliary facilities are primarily engaged in performing support services for another facility, or establishment of a primary company. In general, the company performs the auxiliary facility's basic administrative services (e.g. filing paperwork, performing payroll activities, or employing the auxiliary facility's administrative staff). In addition, auxiliary facilities perform an integral role in the primary company's activities. Both of these factors must be present to establish an auxiliary facility. Because reclamation is not integral to the primary company's activities, the reclamation center does not play an integral role in the primary company's operations and it would not be considered an auxiliary facility.

Additional Details

Question # 233 Source EPCRA Section 313 Questions and Answers (Revised 1998 Version) (PDF)(306 pp, 3.4 MB, November 1998)
ID 98-233 Status Archived
Category 1. Determining Whether or Not to Report: Facility Subcategory 1.H. Auxiliary Facilities
Keyword(s) Auxiliary Facility, Reporting Requirements
Updated Q&A Question Number 43
Prior Source: IG Letter 6/1/98 - An IG Letter indicates that the source of the 1998 Q"A is an EPCRA section 313 interpretive guidance letter. Type of Change: Converted to Q"A Format Description of Substantive Edits: NA - NA indicates no substantive edits were made to the original Question and Answer.