EPA is initiating consultation with federally recognized Tribes on universal waste regulations for solar panels and lithium batteries under
the Resource Conservation and Recovery Act. EPA intends to propose new rules to improve the recycling and management of end-of-life solar panels and lithium batteries by adding new categories for these materials to the universal waste regulations. These regulations are expected to promote the collection and recycling of solar panels and encourage the development of municipal and commercial programs to reduce the quantity of these wastes going to municipal solid waste landfills.
EPA is also proposing universal waste standards specially tailored for lithium batteries. This change would improve safety standards, reduce fires from end-of-life lithium batteries, and promote recycling.
EPA will host an informational webinar for Tribes on May 2.
The U.S. Environmental Protection Agency’s Office of Resource Conservation and Recovery in the Office of Land and Emergency Management is initiating consultation with federally recognized Tribes on universal waste regulations for solar panels and lithium batteries under Subtitle C of the Resource Conservation and Recovery Act.
Specifically, the EPA intends to propose new rules to improve the recycling and management of end-of-life solar panels and lithium batteries by adding new categories for these materials to the universal waste regulations. The EPA’s universal waste regulations streamline the hazardous waste management standards for certain categories of hazardous waste that are commonly generated by a wide variety of establishments. Adding solar panels to the universal waste regulations should benefit the wide variety of establishments generating and managing solar panel waste by providing a clear, practical system for handling discarded solar panels. These regulations are expected to promote the collection and recycling of solar panels and encourage the development of municipal and commercial programs to reduce the quantity of these wastes going to municipal solid waste landfills. Within the same rulemaking package, the EPA is proposing universal waste standards specially tailored for lithium batteries, separate from the existing general battery universal waste category. This change in the RCRA regulations would improve safety standards and reduce fires from end-of-life lithium batteries, while continuing to promote recycling.
To assist you with deciding whether to request consultation, the EPA will host an informational webinar for Tribes to explain the Agency’s plan for adding new universal waste categories for solar panels and lithium batteries on Thursday, May 2, 2024, 2:00 – 3:30 p.m. (ET). The Agency invites you or your designated representative(s) to attend the Tribal webinar to learn more about these proposed changes and ask questions. You may register for the informational webinar at: https://usepa.zoomgov.com/meeting/register/vJItcu6prDoqHujd7p9UT6Y5x7UnQabvRKY. The EPA invites interested Tribal governments to consult with us prior to issuance of the proposed rule for public comment. To initiate government-to-government consultation with the EPA or if you have questions related to the proposed rule, please contact Phoebe O’Connor by phone at (202) 566-1451 or by email at OConnor.Phoebe@epa.gov by May 31, 2024.
The EPA will accept public comments on the proposed rule for 60 days after publication of the Federal Register notice announcing the proposed rule. The EPA is currently planning for the proposed rule to be published in June 2025 per the unified regulatory agenda (https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202310&RIN=2050-AH32). You are encouraged to submit comments to the docket for the proposed rule, as well as any other information that you believe may be relevant to the development of a final rule during the public comment period. All comments must be received no later than the end of the public comment period. The specific dates for the submittal of public comments will be available on the EPA webpage for the rule at: https://www.epa.gov/hw/improving-recycling-and-management-renewable-energy-wastes-universal-waste-regulations-solar. To join the email list and be alerted when the proposed rule is published, please contact Phoebe O’Connor by email at OConnor.Phoebe@epa.gov.
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