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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.

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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. General Provisions
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