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 not apply to the type of batteries normally contained in electric forklift vehicles or other large commercial type batteries for facilities such as telephone switching stations. Chemicals present in this form must be counted towards the chemical’s threshold quantity under sections 311 and 312, and reported for section 311 MSDS reporting and section 312 Tier II inventory reporting if the facility has a hazardous chemical present at or above the threshold quantity.