Question # 126

126. Two manufacturing plants owned by the same parent company are connected to each other by a thin patch of land on which a pipeline rests that joins the two plants. The pipeline and connecting land are also owned by the same parent company. For the purposes of reporting on the Form R, are the plants considered two separate facilities, or are they establishments of the same facility?
Under 40 CFR Section 372.3 the definition of facility means, ‘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 (or by any person which controls or is controlled by or under common control with such person). A facility may contain more than one establishment.’ Since both plants are connected to each other by a strip of land that is owned by the same parent corporation, they are contiguous and, therefore, are considered establishments of the same facility. This facility must make threshold determinations based on the combined amounts of listed toxic chemicals at both establishments. Both establishments may report together as the same facility or they may report separately provided that the sum of the releases of the establishments reflects the total releases of the facility and threshold determinations are based on activities at the entire facility.