1. What facilities are subject to EPCRA Section 313 reporting?
Facilities must report release and other waste management information pursuant to EPCRA Section 313 if they: (1) have 10 or more full-time employees or the equivalent; (2) are in a covered SIC code; and (3) exceed any one threshold for manufacturing (including importing), processing, or otherwise using a toxic chemical listed in 40 CFR Section 372.65.
3. Must the Form R report be submitted by July 1 for facilities that were in operation during part of the reporting year, but which were closed by December 31?
Yes. A facility that operated during any part of a reporting year must report if it meets the SIC code, employee, and chemical activity thresholds for that reporting year.
4. In Alaska several fish processors have factories on ships. They use ammonia and chlorine in their fish processing operations. Is each ship a covered facility under Section 313 or is the whole group of ships (all of which belong to one company) a covered facility?
A facility is defined as all buildings, equipment, structures, and other stationary items which are located on a single site or adjacent or contiguous sites owned or operated by the same person (40 CFR Section 372.3). A ship is not a facility as defined under the Section 313 regulations. It is not stationary and it is not located on a single site (if it moves to other locations). Therefore, the ships should not report even if they are in a covered SIC code.
5. A recently constructed facility which has not begun production but is in a covered SIC code has used several listed toxic chemicals in preparing a reactor bed and distillation columns for manufacturing. Is the facility required to report these chemicals if they exceed the threshold levels?
Yes. Once a covered facility has been constructed, any toxic chemicals used to prepare production equipment for manufacturing activities must be included towards the threshold determinations that reporting year. This includes start-up activities.
6. A covered petroleum company sends its hazardous waste containing a Section 313 toxic chemical to a land treatment unit by underground pipeline. The petroleum company and the land treatment unit are owned and operated by the same individual. The land treatment unit is not adjacent nor contiguous to the petroleum company, but the petroleum company maintains a 'right-of-way' of the pipe-line. Are these two facilities under EPCRA Section 313?
Since the land treatment unit is not adjacent nor contiguous to the petroleum company and they are connected only by a pipeline, the two are considered two separate facilities with the same owner/operator, even though the petroleum facility controls 'right of way' of the pipeline. However, releases and other waste management activities associated with loading or unloading activities or leaks from a pipeline within either facility would be covered.
7. Two covered bulk petroleum stations owned by the same parent company, but a considerable distance apart from each other, are connected to each other by a pipeline. The parent company has an easement to access the pipeline but the land on which the pipeline rests is not owned by the parent company. The easement only allows the parent company to conduct repairs on a sporadic basis. The parent company has no other rights to the land and does not exert any other control over the land. For the purposes of reporting on the Form R, are the two stations considered two separate facilities?
Yes. Since the two bulk petroleum stations are not contiguous or adjacent properties and are connected only by a pipeline, the two stations are considered two separate facilities with the same owner. The parent company has an easement on which the pipeline is located, but does not control, operate, or own the land on which the pipeline rests to an appropriate degree.
8. A company houses all of its operations including its manufacturing processes in a leased warehouse that is neither contiguous nor adjacent to the facility. In June, it bought a different warehouse and moved the manufacturing operations there. These two locations are neither adjacent nor contiguous. The company did not shut down or close during this time. How should the company make threshold determinations and report for Section 313?
Because the operations were carried out at two distinctly separate, physical sites, the company operated two separate facilities. The owner/operator of the company, therefore, must make threshold determinations and release and other waste management calculations individually for each facility. The company need only file Form Rs for the facility(ies) that exceeded the reporting thresholds during the reporting year. If independently both facilities meet the reporting criteria, the company must submit the appropriate forms for each facility.
9. Two distinct SIC code operations that are covered under EPCRA Section 313 (e.g., an electricity generating unit and a cement plant) are located on adjacent properties and are owned by the same parent company. The two operations are operated completely independently of one another (e.g., separate accounting procedures, employees, etc.). Are these two operations considered one facility under EPCRA Section 313?
Yes. Under EPCRA Section 313, a facility is defined 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.' Because these two operations are located on adjacent properties and are owned by the same person they are considered one facility for EPCRA Section 313 reporting purposes.
10. Facilities in the scrap and waste materials businesses are in SIC Code 5093, indicating that they assemble, shred, sort, melt, and wholesale scrap metal ingots and waste materials. When they landfill residuals, a small volume of air pollutants are generated. How extensive will the reports be for such operations?
Such scrap metal processing facilities are not currently covered by Section 313 reporting requirements if their primary SIC codes are in 5093.
11. Is a mobile solvent recovery unit within the solvent recovery SIC code?
Yes. If the owner or operator of a mobile solvent recovery unit conducts solvent recovery services on a contract or fee basis, it is in SIC code 7389, the solvent recovery SIC code.
12. Is an automobile proving ground facility subject to reporting under Section 313?
Provided the automobile proving ground is not an auxiliary facility, the SIC code for 'automobile proving and testing grounds' is 8734. It, therefore, is not within a covered SIC code and would not need to report under EPCRA Section 313.
13. Does a facility that is subject to RCRA Subtitle C, and just happens to manage waste generated by facilities within the same company, fall within the covered SIC code range for EPCRA Section 313 reporting?
Waste treatment facilities are classified in SIC code 4953 - Refuse Systems, which includes such activities as hazardous waste treatment and disposal sites. Hazardous waste treatment facilities that are regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. Section 6921 et seq. were added in the final rule published on May 1, 1997 (62 FR 23834). Provided that the facility is classified within SIC code 4953 or another covered SIC code and meets the employee requirement, the facility would be required to consider its chemical management practices for purposes of EPCRA Section 313 reporting. A facility's SIC code classification is not necessarily affected because it limits activities to facilities within the same company.
14. I run a trucking company and all I do is pick up the chemicals at the vendor and take them to the customer. Must I report under Section 313?
Trucking companies are generally not in a covered SIC code. If you are not in a covered SIC code, then you are not required to report under Section 313.
15. Is a waste management facility that is classified in SIC code 4953 (Refuse Systems), but is not regulated under Subtitle C of the Resource Conservation and Recovery Act (RCRA), subject to EPCRA Section 313?
No. Facilities in SIC code 4953 are only subject to EPCRA Section 313 if they are also regulated under RCRA Subtitle C. Many types of waste management facilities operate within SIC code 4953 that are not regulated under the RCRA Subtitle C programs, such as sanitary landfills, garbage collection, and street refuse systems, which were not added under EPCRA Section 313 by the May 1, 1997, final rule.
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.