Question # 907

907. The definition of facility under EPCRA Section 329(4) includes “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, is controlled by, or under common control with, such person).” Two Government-Owned, Contractor-Operated (GOCO) sites are separated by a street. The GOCOs are owned by the same federal agency, but operated by different contractors. When, as required by Executive Order (EO) 13148, the federal agency is making threshold determinations under EPCRA section 313, must it consider the two GOCOs as part of the same federal facility?
Yes. The two GOCOs are considered to be a single federal facility for the purposes of EPCRA section 313 threshold determinations and release and other waste management reporting as required by EO 13148. EPA has interpreted “contiguous or adjacent sites” to include sites separated only by a public right-of-way. Therefore, the two GOCOs are considered to occupy sites that are contiguous or adjacent. Each GOCO should provide any information required by the federal facility in making threshold determinations and reporting releases and other waste management under EPCRA section 313. EO 13148 does not alter any separate obligation(s) a GOCO may have under EPCRA and the Pollution Prevention Act (PPA). Private contractors operating at federal facilities must continue to meet any legal reporting requirements they have under EPCRA and PPA. Thus, a GOCO that operates a covered facility under 40 CFR Section 372.22 must file a Form R or an Alternate Certification Statement (Form A) for each toxic chemical for which the facility exceeds an activity threshold as specified in 40 CFR Section 372.25. EO 13148 (65 FR 24595, April 26, 2000) supersedes EO 12856 (August 1993).