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{longname}Q13. Can you please describe what constitutes a facility? For example, if a hospital has four buildings, does the rulemaking pertain to the four buildings as a composite, or to each individually? What if the four separate buildings are connected by above-ground or below-ground walkways/tunnels? What if an industrial campus has several different businesses on its property? Each business calculates their own? And if one of the businesses has several buildings, are they treated as a composite or individually? Additionally, the same would apply for a University that has buildings on one campus, or as in many urban settings, the buildings are located in various addresses in a city.{longname}

A13.

...

The

...

term

...

"facility"

...

is

...

defined

...

in

...

40

...

CFR

...

98.6

...

"as

...

any

...

physical

...

property,

...

plant,

...

building,

...

structure,

...

source,

...

or

...

stationary

...

equipment

...

located

...

on

...

one

...

or

...

more

...

contiguous

...

or

...

adjacent

...

properties

...

in

...

actual

...

physical

...

contact

...

or

...

separated

...

solely

...

by

...

a

...

public

...

roadway

...

or

...

other

...

public

...

right-of-way

...

and

...

under

...

common

...

ownership

...

or

...

common

...

control,

...

that

...

emits

...

or

...

may

...

emit

...

any

...

greenhouse

...

gas."

...

Therefore,

...

a

...

hospital

...

with

...

four

...

buildings

...

is

...

considered

...

a

...

single

...

facility

...

if

...

the

...

four

...

buildings

...

are

...

located

...

on

...

contiguous

...

or

...

adjacent

...

properties

...

and

...

are

...

under

...

common

...

ownership

...

or

...

common

...

control.

...

Note

...

that

...

the

...

buildings

...

do

...

not

...

have

...

to

...

be

...

connected

...

by

...

walkways,

...

tunnels,

...

pipelines,

...

etc

...

to

...

be

...

considered

...

a

...

single

...

facility.

...

If

...

a

...

company

...

has

...

processes

...

or

...

units

...

that

...

are

...

located

...

on

...

an

...

industrial

...

campus

...

(such

...

as

...

a

...

business

...

park)

...

that

...

consists

...

of

...

several

...

other

...

business,

...

then

...

the

...

company

...

must

...

determine

...

applicability

...

and

...

report

...

emissions

...

only

...

for

...

the

...

processes

...

and

...

units

...

that

...

are

...

under

...

common

...

ownership

...

or

...

common

...

control

...

(i.e.,

...

those

...

emissions

...

processes

...

and

...

units

...

that

...

they

...

own

...

and/or

...

operate).

...

For

...

example,

...

a

...

business

...

park

...

has

...

two

...

tenants:

...

(1)

...

Tenant

...

A

...

has

...

three

...

buildings

...

and

...

operates

...

a

...

hydrogen

...

production

...

process

...

in

...

one

...

building

...

and

...

stationary

...

combustion

...

units

...

in

...

the

...

other

...

two

...

buildings;

...

and

...

(2)

...

Tenant

...

B

...

has

...

one

...

building

...

produces

...

titanium

...

dioxide.

...

Tenant

...

A

...

and

...

Tenant

...

B

...

are

...

separate

...

entities

...

that

...

do

...

not

...

share

...

common

...

ownership

...

or

...

operation

...

of

...

any

...

of

...

their

...

process

...

units.

...

Therefore,

...

Tenant

...

A

...

is

...

considered

...

a

...

separate

...

facility

...

to

...

Tenant

...

B

...

and

...

each

...

must

...

determine

...

the

...

applicability

...

of

...

the

...

rule

...

and

...

if

...

subject

...

to

...

the

...

rule

...

must

...

report

...

emissions

...

separately.

...

Tenant

...

A

...

must

...

determine

...

applicability

...

and,

...

if

...

necessary,

...

report

...

emissions

...

for

...

all

...

three

...

buildings

...

since

...

they

...

meet

...

the

...

definition

...

of

...

a

...

single

...

facility

...

(i.e.,

...

they

...

have

...

common

...

ownership

...

and

...

are

...

located

...

on

...

contiguous

...

property).

...

A

...

University

...

that

...

has

...

multiple

...

buildings

...

on

...

one

...

campus

...

would

...

meet

...

the

...

definition

...

of

...

'facility'

...

since

...

they

...

are

...

located

...

on

...

contiguous

...

property

...

and

...

have

...

common

...

ownership.

...

If

...

the

...

University

...

owns

...

other

...

buildings

...

located

...

on

...

adjacent

...

properties,

...

then

...

these

...

buildings

...

would

...

also

...

be

...

considered

...

part

...

of

...

the

...

same

...

facility.

...

However,

...

buildings

...

not

...

located

...

on

...

contiguous

...

or

...

adjacent

...

property

...

would

...

not

...

meet

...

the

...

definition

...

of

...

'facility'

...

as

...

defined

...

in

...

40

...

CFR

...

98.6

...

and

...

would

...

therefore

...

be

...

considered

...

separate

...

facilities

...

under

...

this

...

rule.

...

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Source: This question and answer was derived from a Legacy FAQ

Approval / Publishing History: Version 1 

Expiration : none 

Relevant Subparts:  Subpart A
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