[Hawg]From page 64.
https://www.atf.gov/explosives/docs/...54007/download Persons who manufacture explosives for their personal,
non-business use are not required to have a manufacturer’s license.
Your confusing making black powder, an explosive, for personal use and the liability laws that attach in connection with abnormal dangerous conditions or activities. They are not one and the same. By the same token, You can also own firearms that are regulated under law, but when you use them in a deadly encounter, you could be held liable from both a civil and criminal standpoint depending on the circumstances.
Similarly, if you make black powder and something goes wrong or the storage area goes up, you will be sued and likely charged with a crime. Your likelihood of prevailing in a
strict liability civil lawsuit is slim, since there are very few major defenses that will get you off the hook. Other areas you might be subject to are public nuisance laws, when the condition or activities interfere
with the rights of others. Some states also provide for absolute nuisance on facts that would comprise strict liability for an abnormally dangerous condition or activity.
So, the bottom line, is if the person knows they are engaging in a non-normal or abnormal use of land that creates an increased danger to persons or property; accordingly, that person will be strictly liable for the harm caused by this use, as there is no need to prove negligence.
Lastly, the ATF disclaims that information they provide on their website is legal advice or binding in a court of law, so don't assume they are providing you with a carte blanche, because it is simply not so.