950. A BLM facility prepares fire retardants to fight fires, including fires on state and private lands. The fire retardant, which contains an EPCRA section 313 chemical, is loaded onto airplanes at an airport located at the BLM facility. The airplanes travel to the state and private lands, where they drop the fire retardant on fires. Does the BLM facility need to consider this chemical toward a reporting threshold?
The BLM facility should count the amount of EPCRA section 313 chemical in the fire retardant toward its processing threshold. Processing means the preparation of an EPCRA section 313 chemical, after its manufacture, for distribution in commerce (40 CFR Section 372.3). “Distribution in commerce” includes any distributive activity in which benefit is gained by the transferor, even if there is no direct monetary gain. The BLM facility also must consider any releases and other waste management of the EPCRA section 313 chemical prior to the transfer.