Determining if reporting threshold is met or exceeded
Since a lead-acid battery contains sulfuric acid, an EHS, the regulations at 40 CFR 370.14 require an owner or operator of a facility to aggregate the sulfuric acid present in all lead-acid batteries as well as in any other mixture or in pure form at the facility, in order to determine if the threshold has been met or exceeded.
The threshold level for EHSs established in 40 CFR 370.10 is 500 pounds OR the threshold planning quantity (TPQ), whichever is lower. The TPQ for sulfuric acid is 1,000 pounds (as shown at 40 CFR 355 Appendices A and B). Therefore, if the aggregated amount of sulfuric acid present at the facility equals or exceeds the minimum EHS reporting threshold of 500 pounds, the sulfuric acid is reportable. See 40 CFR 370.10 and 370.14(a)(1).
With regard to the non-EHS chemicals, the owner or operator of the facility is not required to aggregate those chemicals to determine the threshold and reporting. Instead, the facility has two options:
- In the first option, the owner or operator would add the total weight of the lead-acid batteries and if the reporting threshold has been met (which is 10,000 pounds for non-EHS hazardous chemicals), the owner or operator would report the lead-acid batteries.
- In the second option, the owner or operator would add the total weight of each of the individual non-EHS hazardous chemicals in the lead-acid batteries as well as the amount of those chemicals present throughout the facility to determine if the 10,000-pound threshold has been met. The owner or operator would then report each of the individual chemicals which have met the threshold.
To be clear regarding aggregation of the hazardous chemicals in lead acid batteries, the aggregation of non-EHSs for threshold determination is not required for Tier II reporting because of the burden it would impose. See the July 26, 1990, Federal Register, page 30,640. Aggregating a chemical is required only for the EHSs present at the facility. If the facility chooses to aggregate the non-EHSs in the batteries, it may do so. EPA explains that aggregation of non-EHS hazardous chemicals present in mixtures and in their pure form is not required but may be done if a facility is reporting all hazardous chemicals in mixtures by component.
If threshold for mixture (batteries) is met or exceeded
Once the facility owner or operator determines it needs to report the lead-acid batteries, EPA says it has two primary choices under 370.14 regarding the manner in which it reports. The facility owner or operator may either:
- List the lead-acid batteries, indicating that sulfuric acid, an EHS, is a component of the mixture; OR
- List the sulfuric acid separately on the Tier II form.
With regard to the non-EHS hazardous chemicals, the facility owner or operator has two options. Let’s take lead for example:
- List lead-acid batteries if the total weight of the lead acid batteries meets or exceeds the 10,000-pound reporting threshold, OR
- List lead if just the lead met the 10,000-pound reporting threshold when the total weight of lead in the lead-acid batteries as well as the amount of lead present throughout the facility was added. In mixture situations, aggregating non-EHSs is not required, however.
Tier II and SDS/MSDS reporting should be consistent
It should be noted that the regulations at 40 CFR 370.14(b) also state that reporting a mixture, such as the batteries, under both Emergency Planning and Community Right-to-Know Act (EPCRA) Sections 311 and 312 must occur in the same manner, where practicable. EPCRA Section 311 is codified as SDS/MSDS reporting under 40 CFR 370. EPCRA Section 312 is codified as Tier II reporting under 40 CFR 370.
The method a facility owner or operator chooses for Tier II reporting lead-acid batteries should be consistent with whatever method the owner or operator chooses for MSDS/SDS reporting of lead-acid batteries. Under MSDS/SDS reporting, facilities have the option of submitting an MSDS/SDS for each component of a mixture, OR the mixture itself.
Yet, since SDSs/MSDSs are commonly published for the lead-acid batteries and not the individual components of the batteries, EPA anticipates a facility would typically:
- Submit a copy of the SDS/MSDS for the batteries to meet the SDS/MSDS reporting requirements, and
- List the batteries on the Tier II form to meet Tier II reporting requirements.
Thus, if a facility submitted an MSDS or SDS to the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and local fire department for the battery (the whole mixture) when complying with MSDS/SDS reporting, then the facility should report on the battery, not the components, on the Tier II Chemical Inventory Form. The facility would include the hazards associated with the battery on the Tier II form. This best practice will provide consistency for local responders who receive both MSDS/SDS and Tier II reporting deliverables.
More information
It is important for emergency responders to obtain accurate information that the facility has batteries that contain sulfuric acid above the reporting threshold. The preamble to the final rule, July 26, 1990, (55 FR 30632) provides instructions on how to fill out the Tier II form for the two options. For further guidance:
