Questions and Answers

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  • 1 - 28 of 28
Questions and AnswersKeyword(s)Category(hidden - contains search text)(hidden - contains search text)FedFac
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>-
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>-
Employee Threshold; Truck Drivers1. Determining Whether or Not to Report: Facility >
1.B. Employee Threshold
<div style="visibility:hidden">19064 19-064 64 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold; Truck Drivers 64. 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.</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">19065 19-065 65 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold; Truck Drivers 65. 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.</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">19066 19-066 66 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold 66. 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 client’s 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).</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">19067 19-067 67 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold 67. 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 employee’s hours must be counted towards that facility’s 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">19069 19-069 69 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold 69. 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.</div></b><div style="visibility:hidden"></div></b>-
Employee Threshold; Facility Owner1. Determining Whether or Not to Report: Facility >
1.B. Employee Threshold
<div style="visibility:hidden">19070 19-070 70 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold; Facility Owner 70. 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.</div></b><div style="visibility:hidden"></div></b>-
Employee Threshold; Facility Owner1. Determining Whether or Not to Report: Facility >
1.B. Employee Threshold
<div style="visibility:hidden">19071 19-071 71 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold; Facility Owner 71. 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.</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">19072 19-072 72 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold 72. 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.</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">19073 19-073 73 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold 73. Must paid holidays be included in an owner’s employee threshold calculation?Yes. Paid holidays need to be included in the owner’s employee threshold calculation.</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">19074 19-074 74 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold 74. 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.</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">19075 19-075 75 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Contractors: Employee Threshold; Employee Threshold 75. 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.</div></b><div style="visibility:hidden"></div></b>-
Contractors: Employee Threshold; Employee Threshold; Multi-Establishment1. Determining Whether or Not to Report: Facility >
1.B. Employee Threshold
<div style="visibility:hidden">19076 19-076 76 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Contractors: Employee Threshold; Employee Threshold; Multi-Establishment 76. 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 that 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.</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">19078 19-078 78 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Contractors: Employee Threshold; Employee Threshold 78. 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).</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">19079 19-079 79 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Contractors: Employee Threshold; Employee Threshold 79. 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.</div></b><div style="visibility:hidden"></div></b>-
Employee Threshold; Facility Closure1. Determining Whether or Not to Report: Facility >
1.B. Employee Threshold
<div style="visibility:hidden">19080 19-080 80 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold; Facility Closure (Closed Facility) 80. 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 in order to determine if 20,000 hours or more were worked at the facility during that 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).</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">19212 19-212 212 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold 212. 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</div></b><div style="visibility:hidden"></div></b>-
Employee Threshold; Facility1. Determining Whether or Not to Report: Facility >
1.B. Employee Threshold
<div style="visibility:hidden">19936 19-936 936 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold; Facility 936. How does a federal facility determine if it has met the 10 or more full-time employee threshold under Section 313? A &ldquo;full-time employee&rdquo; for the purpose of Section 313 reporting, is defined as 2,000 hours per year (40 CFR Section 372.3). In other words, if the total number of hours worked by all employees (i.e., federal and contractor) is 20,000 hours or more, the federal facility meets the &ldquo;full-time employee&rdquo; threshold. </div></b><div style="visibility:hidden"></div></b>Y
Employee Threshold; Facility1. Determining Whether or Not to Report: Facility >
1.B. Employee Threshold
<div style="visibility:hidden">19937 19-937 937 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold; Facility 937. A federal facility has a GOCO facility on-site. There are two federal employees and eight GOCO facility employees (the total hours exceed 20,000 hours). Has the facility met the full-time employee threshold for purposes of reporting under EPCRA section 313?Yes. The facility must count the hours worked by the federal employees and the GOCO facility employees toward the 20,000-hour threshold. The employees of the GOCO facility are contract employees who are working in support of the operations of the federal facility. All contractor employee hours, with the exception of minor on-site intermittent service vendors such as vending machine servicers, must be considered when a facility is making its full-time employee determinations.</div></b><div style="visibility:hidden"></div></b>Y
Employee Threshold; Facility1. Determining Whether or Not to Report: Facility >
1.B. Employee Threshold
<div style="visibility:hidden">19938 19-938 938 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.B. Employee Threshold Employee Threshold; Facility 938. A federal agency's facility is operated by a contractor. There are 9 employees working at this GOCO facility. The federal agency has employees who oversee the activities of the facility, but who are not physically located at the facility. When making the full-time employee determinations, must the facility consider the hours worked by these off-site federal employees?Yes. The hours worked by federal employees directly in support of the activities of a facility must be counted towards the 20,000-hour employee threshold, regardless of the location of the federal employees (i.e., at the federal facility or off-site).</div></b><div style="visibility:hidden"></div></b>Y
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