February 10, 2025

EPA Answers Questions on Solar Panel Management

In November 2021, EPA received a petition to add photovoltaic solar panels to the federal universal waste program. In response, the agency initiated a proposed rulemaking effort, though a formal rule is not scheduled to be proposed until June 2025. To help the regulated community in the meantime, EPA recently published a list of answers to frequent questions on the management and recycling of solar panels. Below are excerpts of that guidance.

Q. Do generators need to make hazardous waste determinations on solar panels that they will reuse or send offsite for reuse?

A. No. A solar panel that a generator legitimately uses or reuses directly in another application without reclamation is not a solid waste.

Q. Do generators need to make hazardous waste determinations on solar panels that they recycle or send offsite for recycling?

A. When a generator removes a solar panel from service and sends it for recycling, it should first determine whether a RCRA exclusion applies. If a recycling exclusion applies, such as the transfer-based exclusion, then the generator does not need to make a hazardous waste determination, and the generator can manage the solar panel under that exclusion. Likewise, if an exclusion does not apply, a generator can presume the solar panel is hazardous and manage it as hazardous waste.

Q. Does EPA have any guidance on how to perform representative sampling of solar panels for TCLP testing?

A. EPA has not published guidance specific to representative sampling of solar panels for TCLP testing. However, representative sampling is a key element of accurate hazardous waste determinations, and guidance on representative sampling and statistical analysis is available.

Q. Does the definition of legitimate recycling apply to solar panel recycling?

A. Yes. As with all recycling of hazardous secondary materials, the recycling of hazardous waste solar panels under RCRA must comply with the legitimate recycling factors in §260.43.

Q. How does EPA regulate unused solar panels that are damaged prior to installation under RCRA?

A. EPA considers an unused solar panel that is hazardous to be an unused commercial chemical product, and if the generator or recycler legitimately reclaims it, EPA would not regulate it under RCRA Subtitle C. If the generator or recycler sends it for disposal, the unused solar panel would be solid waste and potentially hazardous waste

Q. Can generators recycle solar panels under the scrap metal exemption [§§261.6(a)(3)(ii)] or exclusion [261.4(a)(13)] or shredded circuit board exclusion [§261.4(a)(14)]?

A. No. Solar panels do not contain sufficient metals to be considered scrap metal, and they are not analogous to circuit boards.

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This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.