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Question Number: 28, 1998 EPCRA 313 Q&A: Employee Threshold; Maintenance Staff

28. An electricity generating facility has maintenance staff for maintaining the electricity distribution system. Staff are based on-site. When counting the hours of this staff, the electricity generating facility is over the 20,000 hours or 10 FTE (full-time employee) threshold. Without counting the management staff hours, the electricity generating facility falls below the 20,000 hours or 10 FTE threshold. Because these hours are not directly in support of the electricity generating portion of the facility (i.e., they are in support of the distribution system), do they count toward the 20,000 hours or 10 FTE threshold?
Yes. Hours worked by employees who support the distribution system must be included in the facility's employee determination. All of the hours worked by all employees based at a covered facility must be considered toward the facility's employee threshold, regardless of whether the activities they perform are associated with covered activities.