Frequent Questions

Forklift batteries

EPCRA section 311(e)(3) exempts from the definition of hazardous chemical any substance to the extent is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public (40 CFR 370.13(c)(1)).  Does this exemption apply to forklift batteries?

This exemption would apply if the batteries contained in forklifts or other commercial type batteries such as telephone switching stations if these batteries are packaged in the same form or available for purchase or used by the general public.  If the batteries are prohibited for use by the general public, the facility must report the batteries on their Tier II inventory form if the reporting threshold is met.

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