301. If a federal facility’s supply system imports an EPCRA section 313 chemical in excess of a threshold amount, is the facility required to report for releases and other waste management of that chemical under section 313?
Yes. Under the authority of EPCRA section 313, EPA defines “manufacture” to mean produce, prepare, compound, or import (40 CFR 372.3). If a federal facility causes more than 25,000 pounds of an EPCRA section 313 chemical to be imported, it has exceeded the “manufacture” threshold and must make release and other waste management calculations for that EPCRA section 313 chemical. A facility would “cause” an EPCRA section 313 chemical to be imported by specifically requesting a product (containing the EPCRA section 313 chemical) from a foreign source or requesting a product known to be only available from a foreign source.