Lithium-ion batteries Tier II reporting threshold
Yes — once you hold 10,000 pounds or more of lithium-ion batteries at any one time during the year.
The number that counts is the most you had on site at one time, not the total you bought over the year, and not what is there today.
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- Extremely hazardous substance?
- No — the ordinary 10,000 pound limit applies.
- Why this one counts
- EPA says lithium-ion batteries are not “articles” — sealed or not, they can leak or vent in a foreseeable emergency — so a battery that comes with a safety data sheet counts, as the whole battery, at the ordinary 10,000 lb line (it is not on the EPA list, so no lower threshold). Two things do not count: batteries used as consumer products in the same form they are sold to the public, and dead batteries handled as RCRA hazardous waste. Count the packs on site — in stock, on charge, or waiting to go back.
40 CFR 370.10 — 10,000 pounds · 40 CFR 370.45(a) — filed on or before 1 March each year
Your state may set a lower limit
7 of the states we have read set the threshold itself below the federal one: OR, CA, VT, LA, AK, DE, OH.
5 more are strict in a different way — NC, MO, NV, NJ, RI keep the federal numbers but add a separate filing or cover more chemicals. Those are not the same thing, and we do not call them the same thing.
Where we have not read a state’s own code, we say so rather than guess.
Every rule we apply, with its sourceFind out for your site
lithium-ion batteries is one chemical. The filing counts everything you keep, added up across every place you keep it. The checker works that out and shows the rule behind each number.
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