Toxic Chemical Release Inventory Reporting Forms and Instructions

Facility Eligibility Determination for Submitting an EPCRA Section 313 Report
individual establishments may report releases and other waste
management activities separately, provided that the total
releases and other waste management quantities for the whole
facility are represented by the sum of the releases and other
quantities managed as waste reported by each of the separate
establishments and the compliance determination is based on
the entire facility.
B.2.b. Auxiliary Facilities
An auxiliary facility is one that supports another covered
establishment’s activities (e.g., research and development
laboratories, warehouses, and storage facilities). An auxiliary
facility can assume the SIC code of another covered
establishment if its primary function is to service that other
covered establishment’s operations. For the purposes of
EPCRA section 313, auxiliary facility is defined as one
primarily engaged in performing support services for another
covered establishment or multiple establishments of a covered
facility and is in a different physical location than the primary
facility. In addition, an auxiliary facility performs an integral
role in the primary facility’s activities. In general, an auxiliary
facility’s basic administrative services (paperwork, payroll,
employment) are performed by the primary facility. Thus, a
separate warehouse facility (i.e., one not located within the
physical boundaries of a covered facility) may become a
covered facility because it services a covered establishment in
SIC codes 10 (except 1011, 1081, and 1094), 12 (except 1241),
20–39, 4911 (limited to facilities that combust coal and/or oil
for the purpose of generating electricity for distribution in
commerce), 4931 (limited to facilities that combust coal and/or
oil for the purpose of generating electricity for distribution in
commerce), 4939 (limited to facilities that combust coal and/or
oil for the purpose of generating electricity for distribution in
commerce), 4953 (limited to facilities regulated under the
RCRA Subtitle C, 42 U.S.C. section 6921 et seq.), 5169, 5171,
and 7389 (limited to facilities primarily engaged in solvents
recovery services on a contract or fee basis). Auxiliary facilities
that are in these aforementioned codes are required to report if
they meet the employee criterion and reporting thresholds for
manufacture, process, or otherwise use.
B.2.c. Property Owners
You are not required to report if you merely own real estate on
which a facility covered by this rule is located; that is, you have
no other business interest in the operation of that facility (e.g.,
your company owns an industrial park). The operator of that
facility, however, is subject to reporting requirements.
B.3 Activity Determination
B.3.a. Definitions of “Manufacture,” “Process,”
and “Otherwise Use”
Manufacture: The term “manufacture” means to produce,
prepare, compound, or import an EPCRA section 313 chemical.
(See Part II, Section 3.1 of these instructions for further
clarification.)
Import is defined as causing the EPCRA section 313 chemical
to be imported into the customs territory of the United States.
If you order an EPCRA section 313 chemical (or a mixture
containing the chemical) from a foreign supplier, then you have
imported the chemical when that shipment arrives at your
facility directly from a source outside of the United States. By
ordering the chemical, you have “caused it to be imported,”
even though you may have used an import brokerage firm as an
agent to obtain the EPCRA section 313 chemical.
Do Not Overlook Coincidental Manufacture
The term manufacture also includes coincidental production of
an EPCRA section 313 chemical (e.g., as a byproduct or
impurity) as a result of the manufacture, processing, otherwise
use or disposal of another chemical or mixture of chemicals. In
the case of coincidental production of an impurity (i.e., an
EPCRA section 313 chemical that remains in the product that
is distributed in commerce), the de minimis exemption,
discussed in Section B.3.c of these instructions, applies. The de
minimis exemption does not apply to byproducts (e.g., an
EPCRA section 313 chemical that is separated from a process
stream and further processed or disposed). Certain EPCRA
section 313 chemicals may be manufactured as a result of
wastewater treatment or other treatment processes. For
example, neutralization of wastewater containing nitric acid can
result in the coincidental manufacture of a nitrate compound
(solution), reportable as a member of the nitrate compounds
category.
Process: The term “process” means the preparation of a listed
EPCRA section 313 chemical, after its manufacture, for
distribution in commerce. Processing is usually the
incorporation of an EPCRA section 313 chemical into a product
(see Part II, Section 3.2 of these instructions for further
clarification), however, a facility may process an impurity that
already exists in a raw material by distributing that impurity in
commerce. Processing includes preparation of the EPCRA
section 313 chemicals in the same physical state or chemical
form as that received by your facility, or preparation that
produces a change in physical state or chemical form. The term
also applies to the processing of a mixture or other trade name
product (see Section B.4.b of these instructions) that contains a
listed EPCRA section 313 chemical as one component.
12 Toxics Release Inventory Reporting Forms and Instructions