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.