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Question Number: 36, 1998 EPCRA 313 Q&A: Employee Threshold; Facility Owner; Profit Share

36. The owner of a covered facility does not work at the facility but draws an income from profit sharing. Would he/she be considered an employee according to the definition under EPCRA Section 313 (40 CFR Section 372.3)?
No. If the owner of the facility does not work at the facility and only draws a profit share, the owner is not considered an employee and the reporting facility will not count the owner towards the employee threshold.