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Open Record1998 EPCRA 313 Q&A1CurrentReporting Criteria; Testing
1. What facilities are subject to EPCRA Section 313 reporting?

Facilities must report release and other waste management information pursuant to EPCRA Section 313 if they: (1) have 10 or more full-time employees or the equivalent; (2) are in a covered SIC code; and (3) exceed any one threshold for manufacturing (including importing), processing, or otherwise using a toxic chemical listed in 40 CFR Section 372.65.
1. What facilities are subject to EPCRA Section 313 reporting?Facilities must report release and other waste management information pursuant to EPCRA Section 313 if they: (1) have 10 or more full-time employees or the equivalent; (2) are in a covered SIC code; and (3) exceed any one threshold for manufacturing (including importing), processing, or otherwise using a toxic chemical listed in 40 CFR Section 372.65. -
Open Record1998 EPCRA 313 Q&A2Not CurrentAlternate Threshold; Form A; Form R; Reporting Criteria; Zinc
2. Is a facility which meets the employee and toxic chemical activity thresholds and is in a covered SIC code, as described in question one, required to report if it had no releases of the toxic chemical during the reporting year?

Yes, even if it releases no toxic chemicals into the environment and does not conduct any other waste management activities involving the listed toxic chemical, the facility must submit either the Form R or Form A (Alternate Threshold Certification
...
2. Is a facility which meets the employee and toxic chemical activity thresholds and is in a covered SIC code, as described in question one, required to report if it had no releases of the toxic chemical during the reporting year?Yes, even if it releases no toxic chemicals into the environment and does not conduct any other waste management activities involving the listed toxic chemical, the facility must submit either the Form R or Form A (Alternate Threshold Certification Statement). If the facility meets the employee and chemical activity thresholds and is in a covered SIC code, but its annual reportable amount of the toxic chemical does not exceed 500 pounds and the facility has not manufactured, processed, or otherwise used more than one million pounds of the toxic chemical, the facility may submit the Form A (a two-page certification statement) instead of the Form R. However, if the facility exceeds either the 500 or one million pound limits, it must report on the Form R. (See Section 5A of this document on Alternate Threshold Reporting.) -
Open Record1998 EPCRA 313 Q&A3CurrentFacility Closure; Reporting Criteria
3. Must the Form R report be submitted by July 1 for facilities that were in operation during part of the reporting year, but which were closed by December 31?

Yes. A facility that operated during any part of a reporting year must report if it meets the SIC code, employee, and chemical activity thresholds for that reporting year.
3. Must the Form R report be submitted by July 1 for facilities that were in operation during part of the reporting year, but which were closed by December 31?Yes. A facility that operated during any part of a reporting year must report if it meets the SIC code, employee, and chemical activity thresholds for that reporting year. -
Open Record1998 EPCRA 313 Q&A4CurrentDefinition of Facility; SIC Code; Vessels
4. In Alaska several fish processors have factories on ships. They use ammonia and chlorine in their fish processing operations. Is each ship a covered facility under Section 313 or is the whole group of ships (all of which belong to one company) a covered facility?

A facility is defined as all buildings, equipment, structures, and other stationary items which are located on a single site or adjacent or contiguous sites owned or operated by the same person (40 CFR Section 372.3). A ship is not a facility as defined under the Section 313 regulations. It is not stationary and it is not located on a single site (if it moves to other locations). Therefore, the ships should not report even if they are in a covered SIC code.
4. In Alaska several fish processors have factories on ships. They use ammonia and chlorine in their fish processing operations. Is each ship a covered facility under Section 313 or is the whole group of ships (all of which belong to one company) a covered facility?A facility is defined as all buildings, equipment, structures, and other stationary items which are located on a single site or adjacent or contiguous sites owned or operated by the same person (40 CFR Section 372.3). A ship is not a facility as defined under the Section 313 regulations. It is not stationary and it is not located on a single site (if it moves to other locations). Therefore, the ships should not report even if they are in a covered SIC code. -
Open Record1998 EPCRA 313 Q&A5CurrentDefinition of Facility; Facility Construction
5. A recently constructed facility which has not begun production but is in a covered SIC code has used several listed toxic chemicals in preparing a reactor bed and distillation columns for manufacturing. Is the facility required to report these chemicals if they exceed the threshold levels?

Yes. Once a covered facility has been constructed, any toxic chemicals used to prepare production equipment for manufacturing activities must be included towards the threshold determinations that reporting year. This includes start-up activities.
5. A recently constructed facility which has not begun production but is in a covered SIC code has used several listed toxic chemicals in preparing a reactor bed and distillation columns for manufacturing. Is the facility required to report these chemicals if they exceed the threshold levels?Yes. Once a covered facility has been constructed, any toxic chemicals used to prepare production equipment for manufacturing activities must be included towards the threshold determinations that reporting year. This includes start-up activities. -
Open Record1998 EPCRA 313 Q&A6CurrentDefinition of Facility; Pipeline
6. A covered petroleum company sends its hazardous waste containing a Section 313 toxic chemical to a land treatment unit by underground pipeline. The petroleum company and the land treatment unit are owned and operated by the same individual. The land treatment unit is not adjacent nor contiguous to the petroleum company, but the petroleum company maintains a 'right-of-way' of the pipe-line. Are these two facilities under EPCRA Section 313?
6. A covered petroleum company sends its hazardous waste containing a Section 313 toxic chemical to a land treatment unit by underground pipeline. The petroleum company and the land treatment unit are owned and operated by the same individual. The land treatment unit is not adjacent nor contiguous to the petroleum company, but the petroleum company maintains a 'right-of-way' of the pipe-line. Are these two facilities under EPCRA Section 313?Since the land treatment unit is not adjacent nor contiguous to the petroleum company and they are connected only by a pipeline, the two are considered two separate facilities with the same owner/operator, even though the petroleum facility controls 'right of way' of the pipeline. However, releases and other waste management activities associated with loading or unloading activities or leaks from a pipeline within either facility would be covered. -
Open Record1998 EPCRA 313 Q&A7CurrentDefinition of Facility; Pipeline
7. Two covered bulk petroleum stations owned by the same parent company, but a considerable distance apart from each other, are connected to each other by a pipeline. The parent company has an easement to access the pipeline but the land on which the pipeline rests is not owned by the parent company. The easement only allows the parent company to conduct repairs on a sporadic basis. The parent company has no other rights to the land and does not exert any other control over the land. For the purposes of reporting on the Form R, are the two stations considered two separate facilities?
7. Two covered bulk petroleum stations owned by the same parent company, but a considerable distance apart from each other, are connected to each other by a pipeline. The parent company has an easement to access the pipeline but the land on which the pipeline rests is not owned by the parent company. The easement only allows the parent company to conduct repairs on a sporadic basis. The parent company has no other rights to the land and does not exert any other control over the land. For the purposes of reporting on the Form R, are the two stations considered two separate facilities?Yes. Since the two bulk petroleum stations are not contiguous or adjacent properties and are connected only by a pipeline, the two stations are considered two separate facilities with the same owner. The parent company has an easement on which the pipeline is located, but does not control, operate, or own the land on which the pipeline rests to an appropriate degree. -
Open Record1998 EPCRA 313 Q&A8CurrentContiguous/Adjacent; Definition of Facility
8. A company houses all of its operations including its manufacturing processes in a leased warehouse that is neither contiguous nor adjacent to the facility. In June, it bought a different warehouse and moved the manufacturing operations there. These two locations are neither adjacent nor contiguous. The company did not shut down or close during this time. How should the company make threshold determinations and report for Section 313?
8. A company houses all of its operations including its manufacturing processes in a leased warehouse that is neither contiguous nor adjacent to the facility. In June, it bought a different warehouse and moved the manufacturing operations there. These two locations are neither adjacent nor contiguous. The company did not shut down or close during this time. How should the company make threshold determinations and report for Section 313?Because the operations were carried out at two distinctly separate, physical sites, the company operated two separate facilities. The owner/operator of the company, therefore, must make threshold determinations and release and other waste management calculations individually for each facility. The company need only file Form Rs for the facility(ies) that exceeded the reporting thresholds during the reporting year. If independently both facilities meet the reporting criteria, the company must submit the appropriate forms for each facility. -
Open Record1998 EPCRA 313 Q&A9CurrentDefinition of Facility
9. Two distinct SIC code operations that are covered under EPCRA Section 313 (e.g., an electricity generating unit and a cement plant) are located on adjacent properties and are owned by the same parent company. The two operations are operated completely independently of one another (e.g., separate accounting procedures, employees, etc.). Are these two operations considered one facility under EPCRA Section 313?

Yes. Under EPCRA Section 313, a facility is defined as, 'all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person.' Because these two operations are located on adjacent properties and are owned by the same person they are considered one facility for EPCRA Section 313 reporting purposes.
9. Two distinct SIC code operations that are covered under EPCRA Section 313 (e.g., an electricity generating unit and a cement plant) are located on adjacent properties and are owned by the same parent company. The two operations are operated completely independently of one another (e.g., separate accounting procedures, employees, etc.). Are these two operations considered one facility under EPCRA Section 313?Yes. Under EPCRA Section 313, a facility is defined as, 'all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person.' Because these two operations are located on adjacent properties and are owned by the same person they are considered one facility for EPCRA Section 313 reporting purposes. -
Open Record1998 EPCRA 313 Q&A10CurrentSIC Code
10. Facilities in the scrap and waste materials businesses are in SIC Code 5093, indicating that they assemble, shred, sort, melt, and wholesale scrap metal ingots and waste materials. When they landfill residuals, a small volume of air pollutants are generated. How extensive will the reports be for such operations?

Such scrap metal processing facilities are not currently covered by Section 313 reporting requirements if their primary SIC codes are in 5093.
10. Facilities in the scrap and waste materials businesses are in SIC Code 5093, indicating that they assemble, shred, sort, melt, and wholesale scrap metal ingots and waste materials. When they landfill residuals, a small volume of air pollutants are generated. How extensive will the reports be for such operations?Such scrap metal processing facilities are not currently covered by Section 313 reporting requirements if their primary SIC codes are in 5093. -
Open Record1998 EPCRA 313 Q&A11CurrentSIC Code; Solvent Recovery
11. Is a mobile solvent recovery unit within the solvent recovery SIC code?

Yes. If the owner or operator of a mobile solvent recovery unit conducts solvent recovery services on a contract or fee basis, it is in SIC code 7389, the solvent recovery SIC code.
11. Is a mobile solvent recovery unit within the solvent recovery SIC code?Yes. If the owner or operator of a mobile solvent recovery unit conducts solvent recovery services on a contract or fee basis, it is in SIC code 7389, the solvent recovery SIC code. -
Open Record1998 EPCRA 313 Q&A12CurrentSIC Code
12. Is an automobile proving ground facility subject to reporting under Section 313?

Provided the automobile proving ground is not an auxiliary facility, the SIC code for 'automobile proving and testing grounds' is 8734. It, therefore, is not within a covered SIC code and would not need to report under EPCRA Section 313.
12. Is an automobile proving ground facility subject to reporting under Section 313?Provided the automobile proving ground is not an auxiliary facility, the SIC code for 'automobile proving and testing grounds' is 8734. It, therefore, is not within a covered SIC code and would not need to report under EPCRA Section 313. -
Open Record1998 EPCRA 313 Q&A13CurrentActivity Restricted to Company; SIC Code
13. Does a facility that is subject to RCRA Subtitle C, and just happens to manage waste generated by facilities within the same company, fall within the covered SIC code range for EPCRA Section 313 reporting?

Waste treatment facilities are classified in SIC code 4953 - Refuse Systems, which includes such activities as hazardous waste treatment and disposal sites. Hazardous waste treatment facilities that are regulated under the Resource Conservation and Recovery Act, subtitle C, 42
...
13. Does a facility that is subject to RCRA Subtitle C, and just happens to manage waste generated by facilities within the same company, fall within the covered SIC code range for EPCRA Section 313 reporting?Waste treatment facilities are classified in SIC code 4953 - Refuse Systems, which includes such activities as hazardous waste treatment and disposal sites. Hazardous waste treatment facilities that are regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. Section 6921 et seq. were added in the final rule published on May 1, 1997 (62 FR 23834). Provided that the facility is classified within SIC code 4953 or another covered SIC code and meets the employee requirement, the facility would be required to consider its chemical management practices for purposes of EPCRA Section 313 reporting. A facility's SIC code classification is not necessarily affected because it limits activities to facilities within the same company. -
Open Record1998 EPCRA 313 Q&A14CurrentReporting Criteria; SIC Code
14. I run a trucking company and all I do is pick up the chemicals at the vendor and take them to the customer. Must I report under Section 313?

Trucking companies are generally not in a covered SIC code. If you are not in a covered SIC code, then you are not required to report under Section 313.
14. I run a trucking company and all I do is pick up the chemicals at the vendor and take them to the customer. Must I report under Section 313?Trucking companies are generally not in a covered SIC code. If you are not in a covered SIC code, then you are not required to report under Section 313. -
Open Record1998 EPCRA 313 Q&A15CurrentReporting Responsibility; SIC Code
15. Is a waste management facility that is classified in SIC code 4953 (Refuse Systems), but is not regulated under Subtitle C of the Resource Conservation and Recovery Act (RCRA), subject to EPCRA Section 313?

No. Facilities in SIC code 4953 are only subject to EPCRA Section 313 if they are also regulated under RCRA Subtitle C. Many types of waste management facilities operate within SIC code 4953 that are not regulated under the RCRA Subtitle C programs, such as sanitary landfills, garbage collection, and street refuse systems, which were not added under EPCRA Section 313 by the May 1, 1997, final rule.
15. Is a waste management facility that is classified in SIC code 4953 (Refuse Systems), but is not regulated under Subtitle C of the Resource Conservation and Recovery Act (RCRA), subject to EPCRA Section 313?No. Facilities in SIC code 4953 are only subject to EPCRA Section 313 if they are also regulated under RCRA Subtitle C. Many types of waste management facilities operate within SIC code 4953 that are not regulated under the RCRA Subtitle C programs, such as sanitary landfills, garbage collection, and street refuse systems, which were not added under EPCRA Section 313 by the May 1, 1997, final rule. -
Open Record1998 EPCRA 313 Q&A16CurrentReporting Responsibility; SIC Code
16. The final rule on facility expansion created regulatory language in 40 CFR Section 372.22(b) that limits the coverage of electricity generating facilities to those that operate in SIC codes 4911, 4931, and 4939 and specifically to those 'facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.' Based on this regulatory language, are electricity generating facilities that only use coal and/or oil to test backup generators considered covered facilities for EPCRA Section 313 reporting?
16. The final rule on facility expansion created regulatory language in 40 CFR Section 372.22(b) that limits the coverage of electricity generating facilities to those that operate in SIC codes 4911, 4931, and 4939 and specifically to those 'facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce.' Based on this regulatory language, are electricity generating facilities that only use coal and/or oil to test backup generators considered covered facilities for EPCRA Section 313 reporting?No. Use of oil or coal for purposes of testing, (e.g., testing safety equipment at nuclear facilities) would not constitute a use of oil or coal for purposes of generating power for distribution in commerce. However, if a facility intentionally generates excess power during the testing operations for the purpose of distributing it in commerce, the facility would be 'covered.' In fact, if the facility is intentionally generating electricity for distribution in commerce, provided that the facility meets the chemical activity and employee thresholds, the facility would be considered 'covered' even if only a small amount of fuel oil used. -
Open Record1998 EPCRA 313 Q&A17CurrentForm R Revisions; SIC Code
17. A facility whose SIC code is outside the covered SIC codes believes that their current SIC code is misrepresentative of the facility's activities. In actuality, the facility may be better represented by an SIC code within the covered SIC codes. If the facility changes its SIC code to a covered group, should they back report for previous reporting years under EPCRA Section 313?

If the facility has not altered its operations and should have been classified in a covered SIC code and has met the threshold and employee criteria, it is required to report for all the previous years under EPCRA Section 313. If the mix of activities at the facility shifted from non-covered to covered SIC codes, then it should begin reporting for the year in which the change occurred.
17. A facility whose SIC code is outside the covered SIC codes believes that their current SIC code is misrepresentative of the facility's activities. In actuality, the facility may be better represented by an SIC code within the covered SIC codes. If the facility changes its SIC code to a covered group, should they back report for previous reporting years under EPCRA Section 313?If the facility has not altered its operations and should have been classified in a covered SIC code and has met the threshold and employee criteria, it is required to report for all the previous years under EPCRA Section 313. If the mix of activities at the facility shifted from non-covered to covered SIC codes, then it should begin reporting for the year in which the change occurred. -
Open Record1998 EPCRA 313 Q&A18CurrentNAICS; SIC Code
18. Effective January 1, 1997, the Office of Management and Budget adopted the North American Industry Classification System (NAICS), a new economic classification system that replaces the 1987 Standard Industrial Classification (SIC) system (62 FR 17228; April 19, 1997). How will EPA update its EPCRA Section 313 regulations to reflect this change?

EPA will be addressing this SIC code change, as it relates to EPCRA Section 313, in an upcoming Federal Register notice.
18. Effective January 1, 1997, the Office of Management and Budget adopted the North American Industry Classification System (NAICS), a new economic classification system that replaces the 1987 Standard Industrial Classification (SIC) system (62 FR 17228; April 19, 1997). How will EPA update its EPCRA Section 313 regulations to reflect this change?EPA will be addressing this SIC code change, as it relates to EPCRA Section 313, in an upcoming Federal Register notice. -
Open Record1998 EPCRA 313 Q&A19CurrentCoal or Oil; Electricity Generating Facility; Fuel; Kerosene
19. An electricity generating facility (EGF), in SIC code 4911, combusts kerosene for the purpose of generating power for distribution in commerce. Is the facility subject to EPCRA Section 313?

Yes. Under the rule that expanded the industry sectors (May 1, 1997; 62 FR 23834) that must report under EPCRA Section 313, electricity generating facilities (EGFs) in SIC codes 4911, 4931, or 4939 that combust coal and/or oil for the purpose of generating power for distribution in commerce are subject to EPCRA Section 313 reporting requirements, provided that the other threshold criteria are met. Pursuant to this expansion, kerosene (as well as petroleum coke) is an oil.
19. An electricity generating facility (EGF), in SIC code 4911, combusts kerosene for the purpose of generating power for distribution in commerce. Is the facility subject to EPCRA Section 313?Yes. Under the rule that expanded the industry sectors (May 1, 1997; 62 FR 23834) that must report under EPCRA Section 313, electricity generating facilities (EGFs) in SIC codes 4911, 4931, or 4939 that combust coal and/or oil for the purpose of generating power for distribution in commerce are subject to EPCRA Section 313 reporting requirements, provided that the other threshold criteria are met. Pursuant to this expansion, kerosene (as well as petroleum coke) is an oil. -
Open Record1998 EPCRA 313 Q&A20CurrentCoal or Oil; Electricity Generating Facility; Fuel; Oil-Contaminated Debris
20. A facility in SIC code 4939 combusts refuse-derived fuel. During the reporting year, the facility combusts small amounts of oil-contaminated debris to produce electricity for distribution into commerce. Is the facility covered by EPCRA Section 313?

No. Facilities in SIC codes 4911, 4931, or 4939 are only covered by EPCRA Section 313 if they combust coal and/or oil for the purpose of generating power for distribution in commerce. 'Coal and/or oil' does not include non-hazardous oil-contaminated debris. Since the facility is in SIC code 4939, but does not combust coal or oil, it is not covered by EPCRA Section 313.
20. A facility in SIC code 4939 combusts refuse-derived fuel. During the reporting year, the facility combusts small amounts of oil-contaminated debris to produce electricity for distribution into commerce. Is the facility covered by EPCRA Section 313?No. Facilities in SIC codes 4911, 4931, or 4939 are only covered by EPCRA Section 313 if they combust coal and/or oil for the purpose of generating power for distribution in commerce. 'Coal and/or oil' does not include non-hazardous oil-contaminated debris. Since the facility is in SIC code 4939, but does not combust coal or oil, it is not covered by EPCRA Section 313. -
Open Record1998 EPCRA 313 Q&A21CurrentContractor Hours; Employee Threshold
21. When should an individuals time spent working for a facility be counted for purposes of determining whether or not a facility exceeds the 20,000-hour employee threshold?

If an individual is employed by the facility or by the facility's parent company to work for the facility, then all of the hours worked by the individual for the facility should be counted toward the 20,000-hour employee threshold. For example, a headquarters engineer spends most of her time at headquarters, but
...
21. When should an individuals time spent working for a facility be counted for purposes of determining whether or not a facility exceeds the 20,000-hour employee threshold?If an individual is employed by the facility or by the facility's parent company to work for the facility, then all of the hours worked by the individual for the facility should be counted toward the 20,000-hour employee threshold. For example, a headquarters engineer spends most of her time at headquarters, but some of her time is spent at a covered facility. The time the engineer spends at the covered facility and the time the engineer spends working for the covered facility while at headquarters should be included in the facility's employee threshold determination. If the individual is hired by the facility (or by the facility's parent company) as a contractor to work at the facility and is based at the facility, then all hours worked by the contractor should be counted. If the individual is not an owner, contractor, nor an employee of the facility, then the individuals time spent working at the facility should not be counted toward the 20,000-hour employee threshold. For example, the time spent by individuals who are performing intermittent service functions at the facility, such as municipal trash collectors or the electric utility company repairing power lines, should not be counted. -
Open Record1998 EPCRA 313 Q&A22CurrentEmployee Threshold; Sick Leave; Vacation Hours
22. Under the Section 313 regulations, a full-time employee is defined to '...mean 2,000 hours per year of full-time equivalent employment.' The definition of full-time employee goes on to stipulate that '(a) facility would calculate the number of full-time employees by totaling the hours worked during the reporting year by all employees including contract employees and dividing the total by 2,000 hours' (40 CFR Section 372.3). (It follows that 20,000 hours worked is equivalent to 10 full-time employees.) When calculating the total number of hours worked by all employees during the reporting year should vacation and sick leave used be included toward the 20,000 hour threshold?
22. Under the Section 313 regulations, a full-time employee is defined to '...mean 2,000 hours per year of full-time equivalent employment.' The definition of full-time employee goes on to stipulate that '(a) facility would calculate the number of full-time employees by totaling the hours worked during the reporting year by all employees including contract employees and dividing the total by 2,000 hours' (40 CFR Section 372.3). (It follows that 20,000 hours worked is equivalent to 10 full-time employees.) When calculating the total number of hours worked by all employees during the reporting year should vacation and sick leave used be included toward the 20,000 hour threshold?Yes. When making the full-time employee determination the facility should consider all paid vacation and sick leave used as hours worked by each employee who claims such vacation or sick leave. If the facility meets or exceeds the 20,000-hour threshold (including vacation and sick leave), the facility is considered to have 10 or more full-time employees. -
Open Record1998 EPCRA 313 Q&A23CurrentEmployee Threshold; Paid Holidays
23. Must paid holidays be included in an owners employee threshold calculation?

Yes. Paid holidays need to be included in the owners employee threshold calculation.
23. Must paid holidays be included in an owners employee threshold calculation?Yes. Paid holidays need to be included in the owners employee threshold calculation. -
Open Record1998 EPCRA 313 Q&A24CurrentEmployee Threshold; Full-time Employee; Part-Time Employee
24. Would a facility with nine full-time employees and four part-time employees be required to report under Section 313?

The total hours worked by all employees should be reviewed. A full-time employee is defined on a time equivalent basis of 2,000 labor hours per year (40 CFR Section 372.3). If the total hours worked by all employees at a facility, including contractors, is 20,000 hours or more, the criterion for number of employees has been met. Therefore, if combined, the 13 employees of the facility worked 20,000 hours or more, the facility has satisfied the employee threshold.
24. Would a facility with nine full-time employees and four part-time employees be required to report under Section 313?The total hours worked by all employees should be reviewed. A full-time employee is defined on a time equivalent basis of 2,000 labor hours per year (40 CFR Section 372.3). If the total hours worked by all employees at a facility, including contractors, is 20,000 hours or more, the criterion for number of employees has been met. Therefore, if combined, the 13 employees of the facility worked 20,000 hours or more, the facility has satisfied the employee threshold. -
Open Record1998 EPCRA 313 Q&A25CurrentEmployee Threshold; Full-time Employee
25. A manufacturing facility has 8 employees. Each employee worked 2,500 hours in the reporting year. Consequently, the total number of hours worked by all employees at this facility is 20,000 hours. How should the facility determine whether it meets the 10 full-time employee threshold for purposes of reporting under Section 313?

One full-time employee is equal to 2,000 hours (40 CFR Section 372.3). The number of full-time employees is determined by dividing the total number of hours worked, 20,000, by 2,000 hours, or 10 full-time employees. Therefore, even though only eight persons worked at this facility, the number of hours worked is equivalent to 10 full-time employees and this facility has met the employee criterion.
25. A manufacturing facility has 8 employees. Each employee worked 2,500 hours in the reporting year. Consequently, the total number of hours worked by all employees at this facility is 20,000 hours. How should the facility determine whether it meets the 10 full-time employee threshold for purposes of reporting under Section 313?One full-time employee is equal to 2,000 hours (40 CFR Section 372.3). The number of full-time employees is determined by dividing the total number of hours worked, 20,000, by 2,000 hours, or 10 full-time employees. Therefore, even though only eight persons worked at this facility, the number of hours worked is equivalent to 10 full-time employees and this facility has met the employee criterion. -
Open Record1998 EPCRA 313 Q&A26CurrentEmployee Threshold; Full-time Employee
26. Is an 'employee' a group of people who work 2,000 hours per year (such as three people who work 1/3 time) or is it one person who works full-time?

An 'employee' can be either a single person or a group of people, including the owner. The regulatory criterion is that the total hours worked by all employees is equal to or greater than 20,000 for that reporting year at the facility.
26. Is an 'employee' a group of people who work 2,000 hours per year (such as three people who work 1/3 time) or is it one person who works full-time?An 'employee' can be either a single person or a group of people, including the owner. The regulatory criterion is that the total hours worked by all employees is equal to or greater than 20,000 for that reporting year at the facility. -
Open Record1998 EPCRA 313 Q&A27CurrentEmployee Threshold; Sales Staff
27. Does the full-time employee determination include the hours worked by sales staff whose office is included in the same building as the production staff?

Yes. All persons employed by a facility regardless of function (e.g., sales, clerical) or location count toward the employee threshold determination (40 CFR Section 372.22(a)).
27. Does the full-time employee determination include the hours worked by sales staff whose office is included in the same building as the production staff?Yes. All persons employed by a facility regardless of function (e.g., sales, clerical) or location count toward the employee threshold determination (40 CFR Section 372.22(a)). -
Open Record1998 EPCRA 313 Q&A28CurrentEmployee 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?
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. -
Open Record1998 EPCRA 313 Q&A29CurrentEmployee Threshold; Truck Drivers
29. The employee threshold under Section 313 is 10 full-time employees or the equivalent, 20,000 work hours/year. This includes all sales staff, clerical staff, and contractors. Would this also include delivery truck drivers who returned to the facility only to pick up a shipment and then leave again?

If the truck drivers are employed by the facility or the facility's parent company, and paid by the facility or by the parent company, then they are employees of the facility and would be
...
29. The employee threshold under Section 313 is 10 full-time employees or the equivalent, 20,000 work hours/year. This includes all sales staff, clerical staff, and contractors. Would this also include delivery truck drivers who returned to the facility only to pick up a shipment and then leave again?If the truck drivers are employed by the facility or the facility's parent company, and paid by the facility or by the parent company, then they are employees of the facility and would be factored into the employee threshold. If they are based at the covered facility, all of the hours worked by the truck drivers for the facility are counted towards the employee threshold. If the truck drivers are not based at the covered facility, then only their time spent servicing the covered facility is considered towards the employee threshold. However, facilities are not required to count hours worked by contract drivers. -
Open Record1998 EPCRA 313 Q&A30CurrentEmployee Threshold; Truck Drivers
30.A facility employs drivers to pick up and deliver its products. Some of the drivers use the facility's trucks, while other drivers use trucks not owned by the facility. Should the facility count all driver hours towards its employee threshold, regardless of whose trucks the drivers use?

Yes. Hours worked directly for the facility by drivers that are employed by the facility are counted, regardless of whose truck they use.
30.A facility employs drivers to pick up and deliver its products. Some of the drivers use the facility's trucks, while other drivers use trucks not owned by the facility. Should the facility count all driver hours towards its employee threshold, regardless of whose trucks the drivers use?Yes. Hours worked directly for the facility by drivers that are employed by the facility are counted, regardless of whose truck they use. -
Open Record1998 EPCRA 313 Q&A31CurrentEmployee Threshold; Off-Site Employees
31. Facility A manufactures and sells machinery. Facility A sends employees to customers’ sites to repair and service the machinery. These employees are not based at Facility A. For example, some of the employees pick up company vehicles and needed supplies from rented property before going to the clients site. Facility A also has employees who work directly for the facility, but work entirely from their homes. Should Facility A consider hours worked by these employees in making the employee threshold determination?

Yes. If an individual is employed by a covered facility and works for the covered facility, then all hours worked by that individual must be counted towards the 20,000 hour employee limit, regardless of where the employee works (i.e., on-site or off-site).
31. Facility A manufactures and sells machinery. Facility A sends employees to customers’ sites to repair and service the machinery. These employees are not based at Facility A. For example, some of the employees pick up company vehicles and needed supplies from rented property before going to the clients site. Facility A also has employees who work directly for the facility, but work entirely from their homes. Should Facility A consider hours worked by these employees in making the employee threshold determination?Yes. If an individual is employed by a covered facility and works for the covered facility, then all hours worked by that individual must be counted towards the 20,000 hour employee limit, regardless of where the employee works (i.e., on-site or off-site). -
Open Record1998 EPCRA 313 Q&A32CurrentEmployee Threshold
32. A facility covered under EPCRA Section 313 has nine full-time employees and one part-time employee. The facility also has an employee who works at the facility, but does not draw a salary. Should the hours worked by the employee who does not draw a salary be counted towards the employee threshold for the facility?

Yes. Even though the employee does not draw a salary, he/she is still working for the facility. Therefore, the employees hours must be counted towards that facility's employee threshold.
32. A facility covered under EPCRA Section 313 has nine full-time employees and one part-time employee. The facility also has an employee who works at the facility, but does not draw a salary. Should the hours worked by the employee who does not draw a salary be counted towards the employee threshold for the facility?Yes. Even though the employee does not draw a salary, he/she is still working for the facility. Therefore, the employees hours must be counted towards that facility's employee threshold. -
Open Record1998 EPCRA 313 Q&A33CurrentEmployee Threshold; Off-Site Employees
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.
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. -
Open Record1998 EPCRA 313 Q&A34CurrentCorporate Employees; Employee Threshold
34. A covered facility that is part of a larger corporate entity has corporate employees located on-site. These employees do not directly support the activities that are conducted at the facility where they are located; rather, their time is spent working for that facility as well as for other facilities that are part of the same corporate entity. Does the facility where these employees are located have to count the hours worked by these employees toward its employee threshold?
34. A covered facility that is part of a larger corporate entity has corporate employees located on-site. These employees do not directly support the activities that are conducted at the facility where they are located; rather, their time is spent working for that facility as well as for other facilities that are part of the same corporate entity. Does the facility where these employees are located have to count the hours worked by these employees toward its employee threshold?Yes. The facility where these employees are located should count the hours worked by them toward the facility's employee threshold, unless the facility's time keeping system allows it to track the time worked by these employees according to the actual facility for which they are working. If a facility can demonstrate through time keeping records that the time worked by these employees was in support of another facility within the same corporate entity, then it does not have to count the hours worked by these employees towards its own employee threshold. The facility that these employees directly support would have to count the hours toward its employee threshold. -
Open Record1998 EPCRA 313 Q&A35CurrentEmployee Threshold; Facility Owner
35. If an individual both owns and works at a facility, how should the owners time be accounted for when determining whether or not the facility exceeds the 20,000 hour employee threshold?

The owner must be counted as the equivalent of a full-time employee of the facility and his/her hours must be applied toward the 20,000 hour employee threshold.
35. If an individual both owns and works at a facility, how should the owners time be accounted for when determining whether or not the facility exceeds the 20,000 hour employee threshold?The owner must be counted as the equivalent of a full-time employee of the facility and his/her hours must be applied toward the 20,000 hour employee threshold. -
Open Record1998 EPCRA 313 Q&A36CurrentEmployee 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.
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. -
Open Record1998 EPCRA 313 Q&A37CurrentEmployee Threshold; Permanent Disability
37. A covered facility under EPCRA Section 313 has nine full-time employees. The facility also has one paid employee who is on permanent disability. Should the facility include this employee in their employee threshold determination (40 CFR Section 372.22(a))?

No, the facility does not have to include the disabled employee when determining their employee threshold. The employee would be considered the equivalent of a retired employee.
37. A covered facility under EPCRA Section 313 has nine full-time employees. The facility also has one paid employee who is on permanent disability. Should the facility include this employee in their employee threshold determination (40 CFR Section 372.22(a))?No, the facility does not have to include the disabled employee when determining their employee threshold. The employee would be considered the equivalent of a retired employee. -
Open Record1998 EPCRA 313 Q&A38CurrentContractors; Employee Threshold
38. A facility employs several contractors for various types of work, on-and off-site. Which contractors should the facility consider in its employee threshold determination?

The facility must include maintenance contractors, such as those for general building structure maintenance, process equipment maintenance, and lawn care, in its employee threshold determination. Major contractors for services such as tank building/wrecking and tank painting are also included in the employee threshold. The facility should not include hours worked by minor on-site intermittent service vendors such as trash haulers, vending machine servicers, and service repair persons for utility-owned equipment that are not employed by the covered facility.
38. A facility employs several contractors for various types of work, on-and off-site. Which contractors should the facility consider in its employee threshold determination?The facility must include maintenance contractors, such as those for general building structure maintenance, process equipment maintenance, and lawn care, in its employee threshold determination. Major contractors for services such as tank building/wrecking and tank painting are also included in the employee threshold. The facility should not include hours worked by minor on-site intermittent service vendors such as trash haulers, vending machine servicers, and service repair persons for utility-owned equipment that are not employed by the covered facility. -
Open Record1998 EPCRA 313 Q&A39CurrentContractors; Employee Threshold
39. An establishment leases one acre of land adjacent to the reporting facility from a three-acre strawberry farm. The facility imports and repackages methyl bromide for sale and distribution. Does the facility have to include the strawberry pickers when determining whether the 10 full-time employee equivalent criterion applies?

The reporting facility should not tabulate the hours worked by farm workers it does not pay. If, however, the reporting facility actually employs or contracts with these farm workers then the hours worked on-site by these workers would count towards the 10 full-time employee equivalent (40 CFR Section 372.3).
39. An establishment leases one acre of land adjacent to the reporting facility from a three-acre strawberry farm. The facility imports and repackages methyl bromide for sale and distribution. Does the facility have to include the strawberry pickers when determining whether the 10 full-time employee equivalent criterion applies?The reporting facility should not tabulate the hours worked by farm workers it does not pay. If, however, the reporting facility actually employs or contracts with these farm workers then the hours worked on-site by these workers would count towards the 10 full-time employee equivalent (40 CFR Section 372.3). -
Open Record1998 EPCRA 313 Q&A40CurrentContractors; Employee Threshold
40. A manufacturing company that normally employs only four employees hires a construction company to modify its facility. The construction workers are employees of the construction company and worked on-site for several months. Do the hours worked by the construction workers count toward the 10 or more full-time employee threshold (20,000 hours of work)?

Yes. The hours these contract employees worked on-site or off-site for the facility must be counted toward the 20,000-hour threshold (40 CFR Section 372.3). In general, a contract employee is a person working on-site or off-site for the facility under a specific contractual agreement performing specific tasks or services for the facility, except intermittent service vendors.
40. A manufacturing company that normally employs only four employees hires a construction company to modify its facility. The construction workers are employees of the construction company and worked on-site for several months. Do the hours worked by the construction workers count toward the 10 or more full-time employee threshold (20,000 hours of work)?Yes. The hours these contract employees worked on-site or off-site for the facility must be counted toward the 20,000-hour threshold (40 CFR Section 372.3). In general, a contract employee is a person working on-site or off-site for the facility under a specific contractual agreement performing specific tasks or services for the facility, except intermittent service vendors. -
Open Record1998 EPCRA 313 Q&A41CurrentEmployee Threshold; Truck Jobbers
41. A petroleum bulk terminal contracts with truck jobbers who purchase its petroleum products. The terminal has no direct control over the activities of the truck drivers. Are the hours worked by these jobbers and their drivers at the petroleum terminal counted towards the terminal’s employee threshold calculation?

No. The hours worked by the truck jobbers do not directly support the terminal. The jobbers purchase the petroleum products and function as customers to the terminal. However, the petroleum bulk terminal must consider these activities toward its processing threshold.
41. A petroleum bulk terminal contracts with truck jobbers who purchase its petroleum products. The terminal has no direct control over the activities of the truck drivers. Are the hours worked by these jobbers and their drivers at the petroleum terminal counted towards the terminal’s employee threshold calculation?No. The hours worked by the truck jobbers do not directly support the terminal. The jobbers purchase the petroleum products and function as customers to the terminal. However, the petroleum bulk terminal must consider these activities toward its processing threshold. -
Open Record1998 EPCRA 313 Q&A42CurrentContractors; Employee Threshold; Multi-Establishment
42. Should contractors who construct dikes, clean tanks, and perform inventory control activities conducted off-site, and who are all performing process-related activities in support of a covered facility, be included in the employee threshold determinations?

Yes. The hours worked on- or off-site by any contract employee for the facility must be counted toward the 20,000-hour threshold. Facilities should keep records that identify all hours employees or contract employees work in support of facilities. EPA describes a contract employee as a person working on-site or off-site for the facility under a specific contractual agreement performing specific tasks or services for the facility, except intermittent service vendors such as trash pick-up.
42. Should contractors who construct dikes, clean tanks, and perform inventory control activities conducted off-site, and who are all performing process-related activities in support of a covered facility, be included in the employee threshold determinations?Yes. The hours worked on- or off-site by any contract employee for the facility must be counted toward the 20,000-hour threshold. Facilities should keep records that identify all hours employees or contract employees work in support of facilities. EPA describes a contract employee as a person working on-site or off-site for the facility under a specific contractual agreement performing specific tasks or services for the facility, except intermittent service vendors such as trash pick-up. -
Open Record1998 EPCRA 313 Q&A43CurrentElectricity Generating Facility; Facility-Definition of; Multi-Establishment
43. Electricity generating unit 1 (EGU 1) is subject to EPCRA Section 313 and is owned by Company A. EGU 2 is also subject to EPCRA and is adjacent to EGU 1. EGU 2 is owned by a joint venture, 80 percent of which is owned by Company A and 20 percent of which is owned by Company B. Are EGF’s 1 and 2 two separate facilities for the purpose of EPCRA Section 313?

No. Because Company A owns the majority share in the joint venture, Company A owns EGU 2 and therefore owns EGUs 1 and 2. Because EGU 1 and 2 are adjacent to one another and have the same owner, they constitute one facility. As one facility, the owner or operator should consider the toxic chemicals and operations at both establishments for threshold determinations and release and other waste management calculations.
43. Electricity generating unit 1 (EGU 1) is subject to EPCRA Section 313 and is owned by Company A. EGU 2 is also subject to EPCRA and is adjacent to EGU 1. EGU 2 is owned by a joint venture, 80 percent of which is owned by Company A and 20 percent of which is owned by Company B. Are EGF’s 1 and 2 two separate facilities for the purpose of EPCRA Section 313?No. Because Company A owns the majority share in the joint venture, Company A owns EGU 2 and therefore owns EGUs 1 and 2. Because EGU 1 and 2 are adjacent to one another and have the same owner, they constitute one facility. As one facility, the owner or operator should consider the toxic chemicals and operations at both establishments for threshold determinations and release and other waste management calculations. -
Open Record1998 EPCRA 313 Q&A44CurrentEmployee 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?
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). -
Open Record1998 EPCRA 313 Q&A45CurrentEmployee Threshold; Overtime
45. How does a facility consider overtime worked by full-time employees?

For purposes of determining the facility's employee threshold, the actual number of hours worked are considered and, therefore, the facility should count the overtime hours for any employee that directly supports the facility
45. How does a facility consider overtime worked by full-time employees?For purposes of determining the facility's employee threshold, the actual number of hours worked are considered and, therefore, the facility should count the overtime hours for any employee that directly supports the facility -
Open Record1998 EPCRA 313 Q&A46CurrentOwner/Operator; Reporting Responsibility
46. Is the owner or the operator of a covered facility responsible for reporting?

Both the owner and the operator are subject to the Section 313 reporting requirements. If no reports are received from a covered facility both persons are liable for penalties, provided that the facility was required to file a Form R or the Alternative Certification Statement (Form A). As a practical matter, EPA believes that the operator is more likely to have the information necessary for reporting.
46. Is the owner or the operator of a covered facility responsible for reporting?Both the owner and the operator are subject to the Section 313 reporting requirements. If no reports are received from a covered facility both persons are liable for penalties, provided that the facility was required to file a Form R or the Alternative Certification Statement (Form A). As a practical matter, EPA believes that the operator is more likely to have the information necessary for reporting. -
Open Record1998 EPCRA 313 Q&A47CurrentChange of Ownership; Reporting Responsibility
47. Who is obligated to file Form Rs for a given reporting year if the facility has changed ownership during the year? Would both owners be obligated to file separate Form Rs for that year?

The owner/operator of the facility on the annual July 1 reporting deadline is primarily responsible for reporting the data for the previous year's operations at that facility. Any other owner/operator of the facility before the reporting deadline may also be held liable. The reports submitted must cover the full reporting year.
47. Who is obligated to file Form Rs for a given reporting year if the facility has changed ownership during the year? Would both owners be obligated to file separate Form Rs for that year?The owner/operator of the facility on the annual July 1 reporting deadline is primarily responsible for reporting the data for the previous year's operations at that facility. Any other owner/operator of the facility before the reporting deadline may also be held liable. The reports submitted must cover the full reporting year. -
Open Record1998 EPCRA 313 Q&A48CurrentEmployee Threshold; Reporting Responsibility
48. Facility A stores oil at Facility B. Facilities A and B have different owners. Facility A sends personnel to Facility B to load oil onto Facility A’s trucks using Facility B’s truck rack. Facility A then distributes the oil in commerce. Who processed the oil and does Facility B have to count Facility A’s hours?

Facility B has processed the oil that was taken from Facility B’s truck rack located on Facility B’s property. Facility A’s use of product at Facility B must be considered toward Facility B’s threshold, release and other waste management calculations, where appropriate. The hours spent by Facility A’s truck drivers while at Facility B do not directly support Facility B but instead directly support Facility A and should be accounted for by Facility A.
48. Facility A stores oil at Facility B. Facilities A and B have different owners. Facility A sends personnel to Facility B to load oil onto Facility A’s trucks using Facility B’s truck rack. Facility A then distributes the oil in commerce. Who processed the oil and does Facility B have to count Facility A’s hours?Facility B has processed the oil that was taken from Facility B’s truck rack located on Facility B’s property. Facility A’s use of product at Facility B must be considered toward Facility B’s threshold, release and other waste management calculations, where appropriate. The hours spent by Facility A’s truck drivers while at Facility B do not directly support Facility B but instead directly support Facility A and should be accounted for by Facility A. -
Open Record1998 EPCRA 313 Q&A50CurrentChange of Ownership; Reporting Responsibility
50. Company A owns and operates an electricity generating facility. The facility consists of a combustion unit and a peaker unit. Company A sells the combustion unit to Company B on June 15 of the reporting year, but retains ownership of the peaker unit. From the time of purchase, Company B owned, controlled, and operated the combustion unit and Company A continued to own and operate the peaker unit. What are the reporting responsibilities of Companies A and B for determining thresholds and filing Form R reports?
50. Company A owns and operates an electricity generating facility. The facility consists of a combustion unit and a peaker unit. Company A sells the combustion unit to Company B on June 15 of the reporting year, but retains ownership of the peaker unit. From the time of purchase, Company B owned, controlled, and operated the combustion unit and Company A continued to own and operate the peaker unit. What are the reporting responsibilities of Companies A and B for determining thresholds and filing Form R reports?From the time of the purchase transaction on June 15, there are two separate facilities with two non-related owners and operators. Thus, Company B is responsible only for reporting for the combustion unit after its purchase. Company A is responsible for the combustion unit and the peaker unit prior to sale, but only the peaker unit after the sale. Thus, for threshold determinations, Company A must combine amounts of toxic chemicals manufactured, processed, or otherwise used at the entire facility before the transaction on June 15, with those manufactured, processed, or otherwise used at the peaker unit after the transaction. -
Open Record1998 EPCRA 313 Q&A51CurrentChange of Ownership; Definition of Facility; Reporting Responsibility
51. A facility owner sold a quarter of his plant to another company. This purchase transaction was finalized January 15, 1996. The quarter of the plant that was sold was moved to its new location in April of the same year. During the period between sale and move, the entire facility kept operating. The new owner, however, controlled and operated the sold part of the facility. For purposes of reporting under EPCRA Section 313, is the original owner responsible for 1996 reporting for the part of the facility that was sold?
51. A facility owner sold a quarter of his plant to another company. This purchase transaction was finalized January 15, 1996. The quarter of the plant that was sold was moved to its new location in April of the same year. During the period between sale and move, the entire facility kept operating. The new owner, however, controlled and operated the sold part of the facility. For purposes of reporting under EPCRA Section 313, is the original owner responsible for 1996 reporting for the part of the facility that was sold?From the time of the purchase transaction on January 15, there are two separate facilities with two non-related owners and separate operators. Therefore, the original owner must report on the three quarters of the facility retained after the sale if he manufactured, processed, or otherwise used a toxic chemical equal to or in excess of a threshold amount for 1996. The original owner, however, would also include in threshold determinations and release and other waste management calculations any activities that went on from the beginning of January 1996 up to the time of the purchase transaction (January 15) for that part of the facility that was sold. The owner of the quarter of the original facility also must report if that new facility exceeds the reporting threshold during the period of January 15, 1996 through April 1996. Once the facility is moved to its new location, a new threshold determination must be made for the remainder of the reporting year and the facility would be assigned a new TRI Identification number. -
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