US EPA recently announced the intention to revise the federal universal waste regulatory framework under the Resource Conservation and Recovery Act (RCRA) to reflect an increase in valuable wastes from the evolving clean-energy economy. Specifically, the agency is developing a proposed rule that would add discarded solar panels to the federal universal-waste program (40 CFR Part 273) and, in the case of lithium batteries, establish a distinct universal-waste category tailored to address their unique risks. US EPA’s stated goal, detailed on its website (EPA – Improving Recycling and Management of Renewable Energy Wastes), is to make the management of these materials safer and more efficient while encouraging recycling and recovery of critical minerals essential to renewable technologies.
What the Rule Would Do
Under the proposed rulemaking:
- Discarded solar panels that qualify as hazardous waste could be managed under universal-waste standards, simplifying the regulatory requirements for their end-of-life management.
- For lithium batteries, EPA intends to create a specialized universal-waste category separate from the existing “universal-waste battery” regulations, with additional safety standards to address fire hazard, while still promoting recycling.
Timing and Scope
According to EPA, they expect to issue a Notice of Proposed Rulemaking around February 2026 with a projected Final Rule around August 2027.
Potential Implications for Industry
If your company is involved in generating, managing, transporting or recycling end-of-life solar panels or lithium-battery wastes, this rulemaking will likely impact future operations. For solar-panel waste handlers, the shift toward universal-waste status will reduce certain compliance burdens and uncertainty (such as manifesting, transporter requirements or generator status counts) and facilitate easier recycling. Since lithium batteries previously qualified as universal waste under the general battery category, this revision may actually increase the burden on many lithium battery waste operators. Companies should anticipate enhanced safety measures tailored to lithium battery chemistries, potentially including new labeling, handling, storage, transportation or recycler requirements.
Vorys will continue to track this rulemaking. We recommend companies do the same and consider participation in the rulemaking, such as submitting public comments. When the proposal is released, companies should immediately evaluate its effects and prepare for necessary operational adjustments.