Regulatory Radar
Data Centers and AI Infrastructure, Renewable Energy and Storage Access Required

EPA is Moving Toward Universal Waste Classification for Solar Panels and Lithium Batteries

Executive Summary

EPA is developing a proposed rule that would add solar panels, currently clasified as hazardous waste, to the federal universal waste program and create a new distinct universal waste category for lithium batteries. The original Unified Agenda target for the proposed rule was February 2026. A final rule is anticipated in August 2027. For solar panels, this is a straightforward reduction in regulatory burden that will lower decommissioning costs for solar developers. For lithium batteries, the picture is more complicated: adding a new specific category could increase compliance requirements for some handlers relative to current practice under the general battery provisions, and batteries with breached casings will still require full hazardous waste management. A final federal rule will not take effect in most states until those states formally adopt it.

What Happened

The push to classify end-of-life solar panels as universal waste began in 2021 with a petition from a broad coalition of electric power industry trade associations, including the Edison Electric Institute. EPA formally announced its intent to develop this rule in fall 2023 under the Biden administration, citing both the solar panel petition and a separate study on lithium battery fires during waste handling. The Trump administration did not announce a new initiative on this rulemaking, but kept it…

Read the Full Article

Access to this article and the full suite of regulatory intelligence tools requires a paid subscription to SWCA’s Regulatory Radar.

Already a member? Login