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Question Number: 44, 1998 EPCRA 313 Q&A: Employee Threshold; Facility Closure

44. A manufacturing facility was shut down on January 30. Between January 1 and January 30, the facility manufactured a toxic chemical in excess of 25,000 pounds, and 10,000 hours were worked at the facility. After the manufacturing activities ceased on January 30, six employees remained to work on electrical wiring and warehouse activities. For purposes of reporting under EPCRA Section 313, does the facility have to add the working hours of the 6 employees to the 10,000 hours worked during January 1996 in order to determine if 20,000 hours or more were worked at the facility during reporting year?
Yes. In calculating the working hours, the manufacturing facility has to include the employees who worked after the facility ceased actual manufacturing operations regardless of the type of work they did (the number of hours worked do not necessary correlate directly to the manufacturing activities). If, during the reporting year, the total working hours at the facility is equal to or in excess of 20,000 hours, the facility owner/operator is subject to reporting for that reporting year (40 CFR Section 372.22).