Questions and Answers

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Facility; NAICS; Reporting Criteria1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19002 19-002 2 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility; NAICS (Industry Code); Reporting Criteria 2. What facilities are subject to EPCRA section 313 reporting?A facility must report release and other waste management information pursuant to EPCRA section 313 if it: (1) has 10 or more full-time employees or the equivalent; (2) is in a covered NAICS code; and (3) exceeds any one threshold for manufacturing (including importing), processing, or otherwise using a toxic chemical listed in 40 CFR Section 372.65.</div></b><div style="visibility:hidden"></div></b>-
Alternate Threshold; Form A; Form R; Reporting Criteria1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19003 19-003 3 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Alternate Threshold (Form A); Form A; Form R; Reporting Criteria 3. If a facility triggers TRI reporting thresholds for a listed toxic chemical (i.e., it meets the employee and toxic chemical activity thresholds and is in a covered NAICS code), is it 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 a TRI reporting form. If the facility meets the employee and chemical activity thresholds and is in a covered NAICS code, but its annual reportable amount of a non-PBT 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 (Alternate Threshold Certification Statement). If the facility exceeds either the 500- or one million-pound limits, it must report on the Form R (40 CFR Section 372.85 and 372.95).</div></b><div style="visibility:hidden"></div></b>-
NAICS1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19004 19-004 4 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report NAICS (Industry Code) 4. 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 issued a final rule to amend 40 CFR Section 372 and require reporting facilities to include NAICS codes (71 FR 32464; June 6, 2006).</div></b><div style="visibility:hidden"></div></b>-
Facility; NAICS1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19008 19-008 8 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility; NAICS (Industry Code) 8. How do facilities determine their NAICS code?If a facility is not sure what its NAICS code is, it should consult the Census Bureau’s webpages on NAICS codes for assistance. To determine which industries are covered under Section 313, visit TRIs website: https://www.epa.gov/toxics-release-inventory-tri-program/tri-covered-industry-sectors.</div></b><div style="visibility:hidden"></div></b>-
Establishment; Facility; NAICS1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19009 19-009 9 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Establishment (Multi-Establishment; Multiestablishment); Facility; NAICS (Industry Code) 9. What is the definition of primary SIC code? How can there be more than one SIC code for a facility?A primary SIC code generally represents those goods produced or services performed by an establishment that have the highest value added. Form R and the Alternate Certification Statement (Form A) provide space for more than one SIC code because a facility may be made up of several establishments each of which may have a different primary SIC code. Note that the North American Industry Classification System (NAICS) is the economic classification system that replaced the 1987 SIC code system. A Federal Register notice was published on June 6, 2006 (71 FR 32464) adopting NAICS codes for TRI reporting.</div></b><div style="visibility:hidden"></div></b>-
Establishment; Facility; Form A; Form R; NAICS1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19010 19-010 10 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Establishment (Multi-Establishment; Multiestablishment); Facility; Form A; Form R; NAICS (Industry Code) 10. What is the definition of primary NAICS code? How can there be more than one NAICS code for a facility?A primary NAICS code generally represents those goods produced or services performed by an establishment that have the highest value added. Form R and the Alternate Certification Statement (Form A) provide space for more than one NAICS code because a facility may be made up of several establishments each of which may have a different primary NAICS code. Additional information on NAICS codes can be found on the NAICS TRI website.</div></b><div style="visibility:hidden"></div></b>-
Facility; Reporting Requirements; Toxic Chemical List1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19011 19-011 11 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility; Reporting Requirements; Toxic Chemical List 11. Does EPA have the authority to require facilities that don’t meet all of the EPCRA section 313 thresholds to submit TRI reports?Pursuant to EPCRA section 313(b)(2), EPA has the option to apply TRI reporting requirements to the owners and operators of facilities that manufacture, process, or otherwise use a toxic chemical listed in EPCRA section 313(c), yet do not meet the full criteria to trigger reporting. EPCRA section 313(b)(2) also provides an opportunity for governors of states to request that EPA apply TRI requirements to the owners and operators of such facilities. When determining whether to require facilities that do not meet the full criteria to report, EPA considers the toxicity of the chemical, the proximity to other facilities that release the toxic chemical or to population centers, the history of releases of such chemical at a facility, and other factors that EPA deems appropriate when determining whether such action is warranted.</div></b><div style="visibility:hidden"></div></b>-
Facility; NAICS; Releases; Reporting Requirements1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19018 19-018 18 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility; NAICS (Industry Code); Releases (Released); Reporting Requirements 18. One part of applicability for TRI reporting is that the facility is included in a covered North American Industry Classification System (NAICS) code. The Office of Management and Budget (OMB) revises NAICS codes every five years. Which list of NAICS codes are facilities currently required to follow in determining whether they are subject to TRI reporting?EPA has published final rules in the Federal Register updating the list of NAICS codes subject to reporting under TRI to reflect the OMB revisions. As a result of these rulemakings, facilities must use the applicable NAICS code list beginning with TRI reporting forms that are due on July 1 covering releases and other waste management quantities for the prior calendar (reporting) year. This update will not change the universe of facilities that are currently required to submit TRI reports. All facilities currently required to report to TRI will still be required to report. However, some facilities will need to modify the NAICS code that they report on their TRI forms. TRI-MEweb has a list of the applicable NAICS codes automatically populated. No other reporting requirements will change as a result of this rulemaking. Additional information regarding the final rules, including the Federal Register notices, is available at the following URL: https://www.epa.gov/toxics-release-inventory-tri-program/tri-laws-and-regulatory-activities.</div></b><div style="visibility:hidden"></div></b>-
Facility; NAICS; Reporting Requirements1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19019 19-019 19 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility; NAICS (Industry Code); Reporting Requirements 19. If a covered facility changes its primary NAICS code during the reporting year, how should it determine applicability for EPCRA §313 TRI reporting?A facility that changes its primary NAICS code during the reporting year must determine applicability based on the NAICS code that represented a majority of the facility’s activity value. The activity value is the sum of the value of services provided and the products shipped or produced by the facility. If the facility’s activity value while it was in a covered NAICS code is greater than 50 percent of the total value of all services or products provided for the entire year, then the facility would be covered under TRI with respect to the NAICS code applicability criterion. If the facility’s activity value for any one NAICS code used during the year does not exceed 50 percent of the total value of all services or products provided for the entire year, then the facility’s NAICS code with the highest activity value would be the primary NAICS code for the year. If the facility determines that its primary NAICS code was a covered NAICS code, and it met the other applicability requirements in §372.22, then the facility must comply with the TRI reporting requirements.</div></b><div style="visibility:hidden"></div></b>-
Electricity Generating Facility; Facility; Joint Venture; Parent Company1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19020 19-020 20 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Electricity Generating Facility (EGF); Facility; Joint Venture; Parent Company 20. A coal mine, that is subject to EPCRA section 313, is owned and operated by company A and is adjacent to an electricity generating facility (EGF), which is also subject to EPCRA Section 313. The EGF is owned and operated by a joint venture which Company A owns 40 percent of and Company B owns 60%. Are the coal mine and the EGF considered one facility?No. The parent company in a joint venture is the joint venture. The electricity generating facility is owned by Company B and is a separate facility from the adjacent coal mine.</div></b><div style="visibility:hidden"></div></b>-
Facility Closure; Reporting Criteria1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19021 19-021 21 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility Closure (Closed Facility); Reporting Criteria 21. 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 NAICS code, employee, and chemical activity thresholds for that reporting year.</div></b><div style="visibility:hidden"></div></b>-
Definition of Facility; Electricity Generating Facility; Multi-Establishment1. Determining Whether or Not to Report: Facility >
1.B. Employee Threshold
<div style="visibility:hidden">19022 19-022 22 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Definition of Facility; Electricity Generating Facility (EGF); Multi-Establishment 22. 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.</div></b><div style="visibility:hidden"></div></b>-
Facility; NAICS; Parent Company1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19023 19-023 23 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Facility; NAICS (Industry Code); Parent Company 23. Two distinct NAICS code operations that are covered under EPCRA section 313 (e.g., an electricity generating facility 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 (40 CFR Section 372.3). 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.</div></b><div style="visibility:hidden"></div></b>-
Definition of Facility; NAICS; Vessels1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19024 19-024 24 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Definition of Facility; NAICS (Industry Code); Vessels (Ships; Ship) 24. 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 NAICS code.</div></b><div style="visibility:hidden"></div></b>-
Definition of Facility1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19025 19-025 25 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Definition of Facility 25. A recently constructed facility which has not begun production but is in a covered NAICS 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, assuming the facility also meets the employee threshold of at least ten full-time employees or the equivalent. 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.</div></b><div style="visibility:hidden"></div></b>-
Activity Threshold; Facility; NAICS; Otherwise Use; Process; Releases; Reporting Criteria; Reporting Requirements; Threshold Determination; Waste; Waste Management Activities1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19026 19-026 26 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Activity Threshold (Threshold Determination); Facility; NAICS (Industry Code); Otherwise Use; Process (Processing; Processed; Processes); Releases (Released); Reporting Criteria; Reporting Requirements; Threshold Determination (Activity Threshold); Waste; Waste Management Activities 26. EPCRA section 313 reporting requirements apply to facilities meeting the applicability criteria in 40 CFR Section 372.22. During a facility’s construction and prior to the onset of operations, toxic chemicals are otherwise used to construct and install process equipment. After the facility is constructed and begins operations, it will employ more than 10 full-time employees and will operate in a TRI-covered NAICS code. Must the facility apply toxic chemicals used during the construction and installation of process equipment towards the otherwise use threshold?The toxic chemicals need not be considered towards any activity threshold. Prior to initial facility construction and before an NAICS code can be assigned, the EPCRA section 313 reporting criteria in Section 372.22, including the activity threshold criterion, do not have to be considered. However, if chemical activity thresholds for any toxic chemicals used in the construction and installation of process equipment are exceeded elsewhere at the facility during the reporting year, all non-exempt releases and other waste management activities of those toxic chemicals occurring during the reporting year must be reported, including those non-exempt release and other waste management quantities associated with the construction and installation of process equipment. </div></b><div style="visibility:hidden"></div></b>-
Definition of Facility1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19027 19-027 27 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Definition of Facility 27. 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.</div></b><div style="visibility:hidden"></div></b>-
Definition of Facility1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19029 19-029 29 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Definition of Facility 29. 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.</div></b><div style="visibility:hidden"></div></b>-
Multi-Activity Facility; NAICS; Petroleum Bulk Stations1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19030 19-030 30 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Multi-Activity Facility; NAICS (Industry Code); Petroleum Bulk Stations 30. Many bulk petroleum stations operating in some midwestern states sell their petroleum products directly to end users. These plants typically sell to farmers and construction companies, as well as state and local governments. Generally, quantities are transferred to the customer in quantities of 500 gallons or less. For these facilities, distribution to retail facilities may make up approximately 5 percent of their overall customer business. Are these facilities considered bulk wholesale distributors of petroleum products, or are they more appropriately classified in retail trade and therefore not covered under EPCRA section 313?Based on the facts provided in the question, these facilities were properly classified in SIC code 5171 (bulk petroleum stations and terminals), which are included in the list of facilities covered under EPCRA section 313 as listed in 40 CFR 372.23(a). According to the SIC code manual (1987 edition) ‘...establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, construction contractors, or professional business users; or other wholesalers; or acting as agents or brokers in buying or selling merchandise to such persons or companies’ are properly classified in Division F, Wholesale Trade, and are therefore covered under EPCRA section 313, beginning with the reporting year 1998. EPA believes that the facilities described in the above question are appropriately classified in the Wholesale Division as defined in the SIC code manual. Note that the North American Industry Classification System (NAICS) is the economic classification system that replaced the 1987 SIC code system. A Federal Register notice was published on June 6, 2006 (71 FR 32464) adopting NAICS codes for TRI reporting.</div></b><div style="visibility:hidden"></div></b>-
NAICS1. Determining Whether or Not to Report: Facility >
1.H. Auxiliary Facilities
<div style="visibility:hidden">19031 19-031 31 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.H. Auxiliary Facilities NAICS (Industry Code) 31. A retail gas station sells only products supplied by one covered bulk petroleum station. Is the retail gas station considered an auxiliary facility and therefore does it take on the covered NAICS code of the bulk petroleum station?No. While the retail gas station sells only products supplied by the covered bulk petroleum station it is not an auxiliary facility because it does not support the operation of the bulk petroleum station (i.e., the retail sale of gasoline and other petroleum products is a distinctly separate activity that benefits the gas station as opposed to benefitting the bulk petroleum station). The SIC system assigned SIC codes to auxiliary facilities according to the primary activity of the establishment that they served. An auxiliary facility was one that supported another facility’s activities. An auxiliary facility could assume the SIC code of another covered facility if its primary function is to serve that other covered facility’s operations. However, the NAICS system does not recognize the concept of auxiliary facilities and assigns NAICS codes to all establishments based on their own activities. For the purpose of establishing consistency with the NAICS classification methodology, EPA changed its interpretation of the applicability of TRI reporting requirements to auxiliary facilities. As a result, some establishments previously considered to be auxiliary will no longer be subject to TRI reporting.</div></b><div style="visibility:hidden"></div></b>-
Contiguous/Adjacent; Definition of Facility; Warehouse1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19032 19-032 32 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Contiguous/Adjacent; Definition of Facility; Warehouse 32. 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?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’ (40 CFR Section 372.3). Because the operations were carried out at two distinctly separate, physical sites, the company operated two separate facilities over the reporting year. 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.</div></b><div style="visibility:hidden"></div></b>-
Definition of Facility1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19033 19-033 33 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Definition of Facility 33. A single company owns two divisions that operate separately. Both divisions are within a covered NAICS code. The two divisions are located on contiguous/adjacent property that is divided by a public right-of-way. The entrance and exit between the two operations are not at a cross-roads (i.e., access between the two operations can only be gained by going along the public right-of-way, not simply crossing the public right-of-way). Are the two divisions considered two separate facilities under EPCRA section 313?No. Because the two divisions are owned by the same person and are physically contiguous/adjacent to one another, except for a public right-of-way, they are considered one facility for Section 313 reporting purposes. A facility may consist of more than one establishment. The entrances to each establishment within a multi-establishment facility do not have to be located at a crossroads in order to meet the definition of facility. EPCRA section 313 defines a facility 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’ (40 CFR Section 372.3).</div></b><div style="visibility:hidden"></div></b>-
NAICS1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19034 19-034 34 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report NAICS (Industry Code) 34. Facilities in the scrap and waste materials businesses are in NAICS code 423930, 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 NAICS codes are 423930.</div></b><div style="visibility:hidden"></div></b>-
Reporting Responsibility1. Determining Whether or Not to Report: Facility >
1.H. Auxiliary Facilities
<div style="visibility:hidden">19035 19-035 35 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.H. Auxiliary Facilities Reporting Responsibility 35. A chemical distribution facility has an off-site chemical bulk storage unit on a non-contiguous property that is typically unmanned. When filling orders for customers, the facility sends trucks to the off-site bulk storage unit, ‘drums-off’ a specified amount and delivers the order to the customer. What reporting is required for the chemicals that are processed at this off-site location?The off-site location may itself be classified as a chemical distribution facility and be covered in terms of its NAICS code designation. The off-site bulk storage facility may also assume the NAICS code of the covered chemical distributor that it supports and also be considered covered. In terms of determining if the off-site facility meets the employee threshold, potentially requiring it to report, the facility should consider all of the hours spent servicing the units such as product delivery, tank clean-out, and construction in making that determination. If these hours add up to 20,000 hours over the course of the reporting year, the facility would meet the employee threshold and would be required to consider its chemical activities. It is possible that the type of employee hours associated with the off-site bulk storage facility would potentially exceed thresholds in one year and not in another.</div></b><div style="visibility:hidden"></div></b>-
NAICS; Solvent Recovery1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19036 19-036 36 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report NAICS (Industry Code); Solvent Recovery 36. Is a mobile solvent recovery unit within the solvent recovery NAICS 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 NAICS Code 562112 (Hazardous Waste Collection). For more information on NAICS Codes and to determine which industries are covered under Section 313, visit TRI’s website: https://www.epa.gov/toxics-release-inventory-tri-program/my-facilitys-six-digit-naics-code-tri-covered-industry. </div></b><div style="visibility:hidden"></div></b>-
Multi-Activity Facility; NAICS1. Determining Whether or Not to Report: Facility >
1.D. Multi-Establishment Facilities
<div style="visibility:hidden">19037 19-037 37 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.D. Multi-Establishment Facilities Multi-Activity Facility; NAICS (Industry Code) 37. NAICS code 562 (waste management and remediation services) contains many diverse activities. How does a facility that conducts more than one activity in NAICS 562 and is regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq., determine if it is primarily engaged in solvent recovery, and therefore, covered under EPCRA section 313?A facility that conducts several uniquely different activities that are within NAICS 562 and is regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq., should identify the value added of the goods or services that each activity contributes. A facility is considered to be “primarily engaged” in solvent recovery if the goods or services produced by the solvent recovery activity have a value added of more than 50 percent of the total value added of all goods and services produced at the facility, or if the value added of the goods and services produced by the solvent recovery activity of the facility are greater than the value added of the goods and services produced by any other activity at the facility.</div></b><div style="visibility:hidden"></div></b>-
NAICS1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19038 19-038 38 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report NAICS (Industry Code) 38. Is an automobile proving ground facility subject to reporting under Section 313?The NAICS code for ‘automobile proving and testing grounds’ is 541380. It, therefore, is not within a covered NAICS code and would not need to report under EPCRA section 313.</div></b><div style="visibility:hidden"></div></b>-
Establishment; Facility; NAICS; Reporting Requirements; Storage; Warehouse1. Determining Whether or Not to Report: Facility >
1.H. Auxiliary Facilities
<div style="visibility:hidden">19040 19-040 40 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.H. Auxiliary Facilities Establishment (Multi-Establishment; Multiestablishment); Facility; NAICS (Industry Code); Reporting Requirements; Storage; Warehouse 40. An auxiliary facility is one that supports another covered establishment’s activities (e.g., research and development laboratories, warehouses, and storage facilities). How has the switch from the Standard Industrial Classification (SIC) system to the North American Industry Classification System (NAICS) for TRI reporting affected auxiliary facilities?The SIC system assigned SIC codes to auxiliary facilities according to the primary activity of the establishment that they serve. NAICS does not recognize the concept of auxiliary facilities and assigns NAICS codes to all establishments based on their own activities. For the purpose of establishing consistency with the NAICS classification methodology, EPA changed its interpretation of the applicability of TRI reporting requirements to auxiliary facilities. As a result, some auxiliary establishments will no longer be subject to TRI reporting. For the years in which SIC codes and auxiliary facilities were relevant (Reporting Years 1991-2005), TRI-MEweb will automatically guide users to select a SIC code in lieu of a NAICS code. TRI-MEweb contains a list of NAICS codes for users to search and select. For example, Company X owns and operates a rice milling facility with NAICS code 311212. Company X also owns a warehouse where the finished product from the rice milling facility is stored before it is distributed to customers. Under the SIC system, the warehouse would have adopted the same SIC code as the rice milling facility (2044) and would be subject to TRI reporting if it met the other applicability criteria. However, under the NAICS system, the warehouse would not adopt the code of the rice milling facility and would be assigned a NAICS code based on its own economic activity. As a result, the warehouse might not be subject to the TRI reporting requirements.</div></b><div style="visibility:hidden"></div></b>-
Reporting Criteria1. Determining Whether or Not to Report: Facility >
1.H. Auxiliary Facilities
<div style="visibility:hidden">19041 19-041 41 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.H. Auxiliary Facilities Reporting Criteria 41. Are auxiliary facilities associated with activities at a facility in a covered SIC code exempt from reporting under Section 313?No. The SIC system assigned SIC codes to auxiliary facilities according to the primary activity of the establishment that they served. An auxiliary facility was one that supported another facility’s activities. An auxiliary facility could assume the SIC code of another covered facility if its primary function is to serve that other covered facility’s operations. However, the NAICS system does not recognize the concept of auxiliary facilities and assigns NAICS codes to all establishments based on their own activities. For the purpose of establishing consistency with the NAICS classification methodology, EPA changed its interpretation of the applicability of TRI reporting requirements to auxiliary facilities. As a result, some auxiliary establishments will no longer be subject to TRI reporting.</div></b><div style="visibility:hidden"></div></b>-
NAICS; Reporting Responsibility1. Determining Whether or Not to Report: Facility >
1.H. Auxiliary Facilities
<div style="visibility:hidden">19042 19-042 42 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.H. Auxiliary Facilities NAICS (Industry Code); Reporting Responsibility 42. An airplane engine repair shop (not in a covered NAICS code) owns an auxiliary facility at a separate location that does metal plating for the engine repair shop and other unrelated facilities (in a covered NAICS code). Would the plating facility be exempt?This facility would be considered a separate operating establishment conducting a manufacturing activity. It would, therefore, need to make the employee and activity threshold determinations and report, if appropriate, because it falls within a covered NAICS code.</div></b><div style="visibility:hidden"></div></b>-
Reporting Requirements1. Determining Whether or Not to Report: Facility >
1.H. Auxiliary Facilities
<div style="visibility:hidden">19043 19-043 43 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.H. Auxiliary Facilities Reporting Requirements 43. A reclamation center collects and sorts scrap metal received from many different facilities owned by the same corporate entity. This corporate entity also performs the reclamation center’s payroll. Is this reclamation center considered an auxiliary facility and therefore subject to EPCRA section 313 reporting requirements?No. For the purposes of EPCRA section 313, auxiliary facilities are primarily engaged in performing support services for another facility, or establishment of a primary company. In general, the company performs the auxiliary facility’s basic administrative services (e.g. filing paperwork, performing payroll activities, or employing the auxiliary facility’s administrative staff). In addition, auxiliary facilities perform an integral role in the primary company’s activities. Both of these factors must be present to establish an auxiliary facility. Because reclamation is not integral to the primary company’s activities, the reclamation center does not play an integral role in the primary company’s operations and it would not be considered an auxiliary facility. Note that the NAICS system does not recognize the concept of auxiliary facilities and assigns NAICS codes to all establishments based on their own activities. For the purpose of establishing consistency with the NAICS classification methodology, EPA changed its interpretation of the applicability of TRI reporting requirements to auxiliary facilities. As a result, some auxiliary establishments will no longer be subject to TRI reporting.</div></b><div style="visibility:hidden"></div></b>-
NAICS1. Determining Whether or Not to Report: Facility >
1.H. Auxiliary Facilities
<div style="visibility:hidden">19044 19-044 44 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.H. Auxiliary Facilities NAICS (Industry Code) 44. Does a facility, which is not a RCRA Subtitle C facility, where a wastewater treatment plant is located have to report even if the rest of the establishments at that facility are not in the covered NAICS codes?A facility must report only if it meets the employee, NAICS code and activity criteria. Because the NAICS code criterion is not met, the facility as a whole need not report. </div></b><div style="visibility:hidden"></div></b>-
Laboratory; Multi-Establishment; NAICS1. Determining Whether or Not to Report: Facility >
1.H. Auxiliary Facilities
<div style="visibility:hidden">19045 19-045 45 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.H. Auxiliary Facilities Laboratory; Multi-Establishment; NAICS (Industry Code) 45. Is my facility covered by EPCRA section 313 if the value added of laboratory research at my facility is greater than 50 percent of the total value added of goods and services produced at my facility?If the research laboratory is a separate establishment from the other activities at the facility and its NAICS code is not in a covered NAICS code, then the 50 percent test is used to determine if the whole facility is in the covered NAICS codes (40 CFR Section 372.22). In this case, the facility would not be subject to reporting because the primary NAICS code is not within the covered NAICS codes. </div></b><div style="visibility:hidden"></div></b>-
NAICS1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19046 19-046 46 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report NAICS (Industry Code) 46. 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 NAICS code range for EPCRA section 313 reporting?Waste treatment facilities are classified in NAICS Codes beginning with 562, which includes such activities as hazardous waste collection, treatment and disposal, and remediation. 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 a covered NAICS code and meets the employee threshold, the facility would be required to consider its chemical management practices for purposes of EPCRA section 313 reporting. A facility’s NAICS code classification is not necessarily affected because it limits activities to facilities within the same company. For more information on NAICS codes and to determine which industries are covered under Section 313, visit TRI’s website: https://www.epa.gov/toxics-release-inventory-tri-program/my-facilitys-six-digit-naics-code-tri-covered-industry. </div></b><div style="visibility:hidden"></div></b>-
NAICS; Reporting Criteria1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19047 19-047 47 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report NAICS (Industry Code); Reporting Criteria 47. 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 NAICS code. If you are not in a covered NAICS code, then you are not required to report under Section 313.</div></b><div style="visibility:hidden"></div></b>-
NAICS; Reporting Responsibility1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19048 19-048 48 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report NAICS (Industry Code); Reporting Responsibility 48. The final rule on facility expansion created regulatory language in 40 CFR Section 372.23(a) that limits the coverage of electricity generating facilities to those that operate in SIC codes 4911, 4931, and 4939 (now covered in NAICS codes beginning with 2211) 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.</div></b><div style="visibility:hidden"></div></b>-
Coal or Oil; Electricity Generating Facility; Fuel1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19049 19-049 49 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Coal or Oil; Electricity Generating Facility (EGF); Fuel 49. An electricity generating facility (EGF) in a covered NAICS code 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, and 4939 (now under NAICS codes beginning with 2211) 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.</div></b><div style="visibility:hidden"></div></b>-
Coal or Oil; Electricity Generating Facility; Fuel1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19050 19-050 50 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Coal or Oil; Electricity Generating Facility (EGF); Fuel 50. A facility in a NAICS code beginning with 2211 (Electric Utilities) 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 NAICS codes beginning with 2211 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 a NAICS code beginning with 2211, but does not combust coal or oil, it is not covered by EPCRA section 313.</div></b><div style="visibility:hidden"></div></b>-
Definition of Facility; Disposal; Reporting Responsibility; Waste Management Activities1. Determining Whether or Not to Report: Facility >
1.C. Persons Responsible for Reporting
<div style="visibility:hidden">19051 19-051 51 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.C. Persons Responsible for Reporting Definition of Facility; Disposal (Dispose); Reporting Responsibility; Waste Management Activities 51. A recycling and disposal facility encompasses several RCRA subtitle C hazardous waste and subtitle D municipal solid waste management units. Is this facility subject to EPCRA section 313?Yes. If this facility also meets employee and chemical thresholds, the facility is subject to EPCRA section 313. Because at least one unit at this facility is regulated by RCRA subtitle C and the facility’s operations are classified in NAICS code beginning with 562, for the purposes of EPCRA section 313, this facility is considered to be in NAICS code beginning with 562 (regulated under RCRA subtitle C) (40 CFR Section 372.23). As such, this facility must consider all non-exempted activities at the entire facility for TRI threshold determinations and, if reporting is triggered, release and other waste management reporting. The owner or operator should be sure to include any information the facility may have concerning toxic chemicals at the solid waste units of the facility as well as at the hazardous waste units.</div></b><div style="visibility:hidden"></div></b>-
Definition of Facility; Reporting Responsibility; Waste Disposal; Waste Management Activities1. Determining Whether or Not to Report: Facility >
1.C. Persons Responsible for Reporting
<div style="visibility:hidden">19052 19-052 52 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.C. Persons Responsible for Reporting Definition of Facility; Reporting Responsibility; Waste Disposal; Waste Management Activities 52. A RCRA subtitle C hazardous waste landfill facility in NAICS code 562212 is planning to construct a RCRA subtitle D disposal cell on-site. Is this facility subject to EPCRA section 313?Yes. This facility is subject to EPCRA section 313. Because at least one unit at this facility is regulated by RCRA subtitle C and the facility’s operations are classified in NAICS code 562212, for the purposes of EPCRA section 313, this facility is considered to be in NAICS code 562212 (regulated under RCRA subtitle C). As such, this facility must consider all non-exempted activities at the entire facility for threshold determinations and release and other waste management reporting. The owner or operator should be sure to include any information the facility may have concerning toxic chemicals at the solid waste units of the facility as well as at the hazardous waste units.</div></b><div style="visibility:hidden"></div></b>-
NAICS; Reporting Responsibility1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19053 19-053 53 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report NAICS (Industry Code); Reporting Responsibility 53. Is a waste management facility that is classified in NAICS code 562212 (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 NAICS code 562212 are only subject to EPCRA section 313 if they are also regulated under RCRA Subtitle C. Many types of waste management facilities operate within NAICS code 562212 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.</div></b><div style="visibility:hidden"></div></b>-
Form R Revisions; NAICS1. Determining Whether or Not to Report: Facility >
1.A. Types of Facilities That Must Report
<div style="visibility:hidden">19054 19-054 54 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.A. Types of Facilities That Must Report Form R Revisions; NAICS (Industry Code) 54. A facility whose NAICS code is outside the covered NAICS codes believes that their current NAICS code is misrepresentative of the facility’s activities. In actuality, the facility may be better represented by an NAICS code within the covered NAICS codes. If the facility changes its NAICS 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 NAICS 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 NAICS codes, then it should begin reporting for the year in which the change occurred.</div></b><div style="visibility:hidden"></div></b>-
Contractors: Employee Threshold; Employee Threshold1. Determining Whether or Not to Report: Facility >
1.B. Employee Threshold
<div style="visibility:hidden">19056 19-056 56 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Contractors: Employee Threshold; Employee Threshold 56. When should an individual’s 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 individual’s 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.</div></b><div style="visibility:hidden"></div></b>-
Employee Threshold1. Determining Whether or Not to Report: Facility >
1.B. Employee Threshold
<div style="visibility:hidden">19057 19-057 57 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold 57. Under the Section 313 regulations, a full-time employee is defined as, ‘...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 (40 CFR Section 372.3).</div></b><div style="visibility:hidden"></div></b>-
Employee Threshold1. Determining Whether or Not to Report: Facility >
1.B. Employee Threshold
<div style="visibility:hidden">19058 19-058 58 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold 58. 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.</div></b><div style="visibility:hidden"></div></b>-
Employee Threshold1. Determining Whether or Not to Report: Facility >
1.B. Employee Threshold
<div style="visibility:hidden">19059 19-059 59 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold 59. 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.</div></b><div style="visibility:hidden"></div></b>-
Employee Threshold1. Determining Whether or Not to Report: Facility >
1.B. Employee Threshold
<div style="visibility:hidden">19060 19-060 60 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold 60. 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.</div></b><div style="visibility:hidden"></div></b>-
Employee Threshold1. Determining Whether or Not to Report: Facility >
1.B. Employee Threshold
<div style="visibility:hidden">19061 19-061 61 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold 61. 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)).</div></b><div style="visibility:hidden"></div></b>-
Employee Threshold; Maintenance Staff1. Determining Whether or Not to Report: Facility >
1.B. Employee Threshold
<div style="visibility:hidden">19062 19-062 62 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold; Maintenance Staff 62. 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.</div></b><div style="visibility:hidden"></div></b>-
Employee Threshold; Truck Drivers1. Determining Whether or Not to Report: Facility >
1.B. Employee Threshold
<div style="visibility:hidden">19063 19-063 63 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold; Truck Drivers 63. 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.</div></b><div style="visibility:hidden"></div></b>-
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