949. A U.S. Army facility receives old ammunition from off-site for the purpose of making new ammunition. Is the old ammunition considered “processed” since it is used for manufacturing new ammunition? What if this new ammunition is placed into storage and is not sent to another facility for years?
The use of EPCRA section 313 chemicals to manufacture ammunition is a reportable activity, regardless of the source of those chemicals. The quantity of EPCRA section 313 chemical should be counted toward the Army facility's processing threshold. Process is defined as “the preparation of a toxic chemical, after its manufacture, for distribution in commerce” (40 CFR Section 372.3). EPA interprets the activity of processing to be reportable when the EPCRA section 313 chemicals are initially prepared. The facility, therefore would count the amount of EPCRA section 313 chemical toward the facility's processing threshold determinations and release and other waste management calculations during the year that the ammunition was made.