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?
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.