Question # 32

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.

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