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printreg, January, 2002
Re: Forklift Type Batteries and SARA 312

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From: Gary Jones (gjonesprinting@aol.com )
Date: Tue, 22 Jan 2002 16:32:42

Based upon a review of the EPA's Q&A document for EPCRA, it would appear that the batteries are not exempt from reporting. The URL for the Q&A document is http://www.epa.gov/ceppo/pubs/epcra-qa.txt and the letter addressing your question is as follows: 

March 7, 1990

Alan B. Shanks,
Director Bureau of Field Services & Disaster Resources
Wisconsin Division of Emergency Government
4802 Sheboygan Avenue, Room 99A, Post Office Box 7865
Madison, WI 53707-7865

Dear Mr. Shanks:
Thank you for your letter concerning the presence of sulfuric acid in car batteries located at automotive dealerships. This question has also recently been raised by an industry trade association. Under Section 302 of Title III, the Congress provided no exemptions from the emergency planning notification by facilities. If the extremely Hazardous Substance is present in excess of its threshold planning quantity, the facility must notify the LEPC of that fact and provide a contact who can provide additional information, if needed. We do not believe coverage of facilities such as you have described go beyond the intent of the legislation. The important result of coverage under Section 302 is that the LEPC has information with which it can make a determination about how much emphasis should be place upon planning around such a facility. The presence of sulfuric acid in hundreds of batteries may not represent the highest priority for planning in the community. However, the LEPC may wish to advise the fire depar While you did not request information regarding Sections 311 and 312, we would note that car and truck batteries as normally stored at a car dealership would be considered to be exempt under the household product exemption and therefore annual reporting would not be required. This exemption would not apply to large commercial type batteries for facilities such as telephone switching stations, nor to the type of batteries normally contained ln electric forklift vehicles, if the threshold requirements are met. I hope this satisfactorily responds to your concern. 

Kathleen Bishop, Chemical Emergency Preparedness Staff

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