From: Curt Schmidt (Curt.C.Schmidt@westgroup.com)
Date: Tue, 22 Jan 2002 12:52:42
It has been interesting getting this info from several different sources and experiences. Regarding our situation I called our state ERC on the question of UPS batteries back in 1997. They, in turn, called the SARA Hotline on my behalf. The answer came back that the article exemption applied and the batteries were not reportable under SARA 311/312 (at the time I did not ask about forklift type batteries).
However since then I've read several cases of Telecommunication companies (GTE and Sprint come to mind) who conducted audits under the EPA audit program and settled with the EPA for not reporting sulfuric acid under SARA 311/312. I've come to the conclusion that either my initial 1997 answer was incorrect or EPA interpretation has "evolved." So I came to the conclusion that UPS batteries for sure should be reported and I wanted to get some feedback as to if anything was different with Forklift type batteries