EPA Information Request Suggests Coming Battery Recycling and Labeling Standards

The current request is part of a larger trend by the federal government aimed at addressing supply chain issues related to critical minerals such as lithium, which is a key component of not only batteries but other products needed for the production of clean energy. By building out programs to recycle properly and to educate battery producers and consumers, along with other programs to be implemented by the Department of Energy, EPA endeavors to “recover critical materials from batteries to strengthen the nation’s battery supply chain.”

The RFI comes at a time when governments are increasing their efforts to develop comprehensive policies and legislation surrounding lifecycle management of electric vehicle (EV) batteries. In March 2022, California’s Environmental Protection Agency released its Lithium-ion Car Battery Recycling Advisory Group Final Report, which publishes the advisory group’s recommended policies for EV battery management that resulted from two years of information gathering and analysis. The final report evaluated the current state of lithium-ion battery end-of-life management, the existing regulatory landscape, and feedback from public comments, and ultimately recommended several specific policies to define responsibility regarding end-of-life lithium-ion battery management.

Similarly, the European Union (EU) is well advanced with its own legislative process for cradle-to-grave regulation of EV batteries, with legislation due by early 2023. The EU’s legislation will establish extended producer responsibility for the collection and recycling of batteries but will go much further with requirements on, among others, supply chain due diligence, the carbon footprint, minimum recycled content, design for repair and reuse, recycling efficiency levels, and a digital battery “passport” to capture key lifetime events.

The RFI is directed to the general public and stakeholders involved throughout the battery lifecycle as well as researchers; academia; state, tribal, and local governments; federal agencies; community groups; nongovernmental organizations; and international organizations. Information is due from interested parties by July 11, 2022. While not mandatory, interested parties should consider participating in the RFI to have an early voice in the administrative process.