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Question Number: 51, 1998 EPCRA 313 Q&A: Change of Ownership; Definition of Facility; Reporting Responsibility

51. A facility owner sold a quarter of his plant to another company. This purchase transaction was finalized January 15, 1996. The quarter of the plant that was sold was moved to its new location in April of the same year. During the period between sale and move, the entire facility kept operating. The new owner, however, controlled and operated the sold part of the facility. For purposes of reporting under EPCRA Section 313, is the original owner responsible for 1996 reporting for the part of the facility that was sold?
From the time of the purchase transaction on January 15, there are two separate facilities with two non-related owners and separate operators. Therefore, the original owner must report on the three quarters of the facility retained after the sale if he manufactured, processed, or otherwise used a toxic chemical equal to or in excess of a threshold amount for 1996. The original owner, however, would also include in threshold determinations and release and other waste management calculations any activities that went on from the beginning of January 1996 up to the time of the purchase transaction (January 15) for that part of the facility that was sold. The owner of the quarter of the original facility also must report if that new facility exceeds the reporting threshold during the period of January 15, 1996 through April 1996. Once the facility is moved to its new location, a new threshold determination must be made for the remainder of the reporting year and the facility would be assigned a new TRI Identification number.