APPA and several power sector trade associations on July 17 submitted a joint letter to the Environmental Protection Agency reaffirming support for a rulemaking to adopt a universal waste management standard for discarded photovoltaic solar panels.
Joining APPA in the letter and petition were:
• The Edison Electric Institute
• National Association of Manufacturers
• U.S. Chamber of Commerce
• Large Public Power Council
• National Rural Electric Cooperative Association
• Utility Solid Waste Activities Group, and
• Cross-Cutting Issues Group
The groups submitted the letter to reaffirm their support for the EPA’s ongoing rulemaking to adopt a universal waste management standard for discarded photovoltaic solar panels that could otherwise qualify as hazardous waste.
“This rulemaking would further American energy dominance by streamlining waste management practices associated with energy generation and would ensure the recovery of critical minerals, thereby promoting the goals established by President Trump’s Unleashing American Energy and Ensuring National Security and Economic Resilience Through Section 232 Actions on Processed Critical Minerals and Derivative Products executive orders,” the letter said.
A universal waste designation “is as protective of the environment as the current regulatory approach but more efficient and reduces the regulatory burden imposed on power production, consistent with the Administration’s deregulatory agenda,” the groups said.
The groups noted that they originally submitted to EPA a petition for rulemaking in November 2021 requesting that EPA adopt a universal waste management standard for any PV Panels that would otherwise qualify as hazardous waste, just as the universal waste designation exists in federal and/or state rules for various common household items, such as certain batteries, electronics, and light bulbs, among other products.
The petition highlighted existing challenges associated with managing used PV Panels. It also noted the numerous economic benefits that would be realized if PV Panels were to be regulated as universal waste while being protective of the environment.
“These economic benefits are evidenced by the tens of millions of dollars in economic benefits that would accrue for industry in a single state alone,” the groups said.
In response, EPA granted the petition and announced in October 2023 its intent to initiate a rulemaking that would seek to regulate as universal waste discarded PV Panels that might otherwise be subject to the full panoply of hazardous waste regulations.
“Since submission of the petition in November 2021, the use of and demand for PV Panels has continued to increase rapidly. Electric utilities, public power utilities, and rural electric cooperatives continue to face challenges with managing used PV Panels, and these challenges will only continue to mount as the volume of PV Panels increases exponentially over the coming decades,” the letter said.
As discussed in great detail in the original petition, a universal waste designation is appropriate and reflects the low risk associated with used PV Panels, APPA and the others said.
“Such designation will improve management practices for the panels, reduce regulatory burdens and costs, and encourage recovery of critical minerals and other important resources by allowing for used PV Panels to be collected and mass recycled.”
In addition to reaffirming their strong support for EPA’s adoption of universal waste regulations for PV Panels, the groups said they were submitting the supplemental letter to their petition to highlight updates that further underscore the need for EPA to promptly move forward with this important rulemaking.
Specifically, the groups said that they have experienced severe weather incidents in which they would have benefited from PV Panel universal waste regulations.
Under the current regulatory framework, management of these PV Panels requires significant manpower and time to adhere to the burdensome regulatory requirements applicable to hazardous waste, including a tight 90-day window to store broken panels on site.
A universal waste designation for these materials “would allow solar sites to manage the final disposition of their PV Panels in an efficient and streamlined manner that protects the environment while also promoting the recovery of critical minerals and aids in returning these generating assets to operation in a more cost-effective and expeditious manner,” the letter said.
The groups also said the market for PV Panel recycling is growing. “Regulating discarded PV Panels that would otherwise qualify as hazardous waste as universal waste will help streamline waste management and decrease recycling costs by allowing for longer accumulation times and decreasing transportation costs,” which are among the biggest challenges for recycling. Recycling, in turn, allows for the recovery of critical materials and minerals, the letter said.
