33. Does Facility A need to include in its employee threshold (10 FTE/20,000 hours) determination sales representatives that work for Facility A but are never/rarely physically working at Facility A?
Yes. For purposes of determining the EPCRA Section 313 employee threshold, employee hours for employees that directly support the facility, should be included in the employee calculation for the facility. Therefore, if the hours spent by sales staff directly support a facility, then their hours should be allocated to the facility they directly support, regardless of the amount of time those employees are physically at the facility.