How to Qualify Your Downstream Solar Panel Recycling Partners

As the solar industry continues to grow, so does the challenge of responsibly managing solar waste. Without proper oversight, choosing the wrong recycler can lead to legal and environmental risks under RCRA and CERCLA, from hazardous waste mishandling to the potential for contamination and even superfund site creation. Ensuring that your recycler adheres to federal, state, and local regulations, properly manages hazardous materials, and has a clear and documented process for recycling valuable commodities is key to avoiding these pitfalls. Conducting thorough due diligence (please see the checklist at the end of this article) will help you mitigate long-term liabilities and ensure that your solar modules are recycled in an environmentally responsible and legally compliant manner.

How is solar waste classified?

Currently, there is no specific federal regulation classifying solar modules as a distinct waste category. The collection methods for representative samples are also undefined, although ASTM has developed a standard (E3325-21) to guide this process. In California, solar modules are included in the Universal Waste category, but only if they are first determined to be hazardous. Typically, solar modules are classified as hazardous waste due to the presence of leachable substances such as lead, silver, cadmium, and occasionally selenium. The most common issue is lead leaching from solder joints, which is regulated federally. In California, solar modules frequently exceed the hazardous waste threshold for TTLC copper, as they contain approximately 1% copper by mass, with the regulatory limit set at 2,500 mg/kg.

What are the environmental challenges of disposing PV modules at the end-of-life?

The accumulation of waste is a common challenge in any industrial process, and for solar modules, this largely depends on storage techniques. Due to their sheer size and volume, managing solar module waste becomes particularly difficult. Transportation also plays a major role, as logistics issues significantly contribute to carbon emissions from solar recycling, with trucking distances often being substantial. Another concern is the potential release of hazardous materials during transportation or storage. As with many types of waste, proper packaging is crucial in preventing such releases. Under universal waste regulations, modules with broken glass must be “contained” to prevent further environmental hazards.

What are the long-term liability issues related to solar PV disposal and recycling?

Long-term liability issues related to solar module recycling can arise under two federal statutes: RCRA and CERCLA. The Resource Conservation and Recovery Act (RCRA) governs the management and cleanup of hazardous waste facilities, while the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) addresses responses to abandoned or uncontrolled hazardous waste sites. Under CERCLA, legal complications may arise due to the principle of “joint and several liability,” where multiple parties can be held responsible for contamination. In terms of RCRA, improper use of recycling exemptions can lead to significant legal risks, such as unauthorized disposal, unpermitted hazardous waste treatment, or speculative accumulation of waste without a permit. These issues speak to the importance of careful compliance when selecting a downstream PV recycling partner.

Source: EPA, Superfund Site Assessment Process

How can RCRA and CERCLA-related issues be avoided when processing end-of-life solar panels?

To avoid RCRA-related issues in solar module recycling, the best approach is to utilize the Hazardous Secondary Materials (HSM) exclusions. In this approach, reclaimers and intermediate facilities managing HSM under the transfer-based exclusion must notify whether the reclaimer or intermediate facility has financial assurance. On the federal level, a key piece of legislation that can help defend against CERCLA-related problems is the Superfund Recycling Equity Act (SREA). Both of these methods rely on the generator—essentially the entity that first declares the solar module as waste—conducting a thorough level of due diligence. While there are other methods that can be used to exclude waste from RCRA, in practice, few offer strong defenses. From our experience, the scrap metal exemptions currently being used by many to recycle often fail in many states, making them an unreliable option.

Source: Adapted from McCoy and Associates, Inc.’s Definition of Solid Waste Rules White Paper, 2018

What is the appropriate level of due diligence when your company wants to recycle old solar panels?

Appropriate due diligence in solar module recycling is essential, as outlined by the RCRA Hazardous Secondary Materials rule and the Superfund Recycling Equity Act (SREA). Some key considerations include determining whether the recycling process is viable and if it recycles a valuable commodity. For example, while aluminum frames are of value, they make up only about 15% of the total mass of a solar module. It’s also important to assess whether the recycler treats solar modules as valuable commodities, ensuring proper storage conditions, security, and other safeguards.

Another critical factor is whether the recycler carries adequate pollution insurance to mitigate risk in the event of a release or accident. Environmental professionals know that a million or two dollars is often insufficient to cover cleanup costs. Additionally, verifying that the recycler is not engaging in speculative accumulation is necessary, meaning they should be processing at least 75% of their previous year’s receipts. Reviewing receipt and processing records is essential to confirm compliance with EPA standards, which are designed to prevent “sham recycling.”

Compliance with local regulations is just as important as federal standards. Some states have not adopted Hazardous Secondary Materials exclusions, and some require universal waste to be processed at specifically permitted facilities. California, for instance, has stringent requirements for recycling activities within the state, along with strict permitting rules.

A crucial part of due diligence is ensuring that the recycling facility has notified the EPA of its activities. This involves more than just obtaining an EPA ID number; the facility must provide notification that documents the recycling activity itself. It’s important to note that an EPA ID number does not equate to a permit. Most recycling activities are not permitted but instead operate based on notification and, often, self-certification. This makes a thorough review of the facility even more important. Lastly, the facility should have a comprehensive closure plan and a current cost estimate, accounting for the maximum volume of materials they can handle. If the amount of material on-site exceeds the listed capacity, this could signal a potential issue.

Steps for qualifying your downstream solar panel recycling partners

    • Is the recycling process viable?
      • Does it recycle all/most of the valuable commodities, such as aluminum frames (~15% of module mass), glass, other metals, and silicon?
    • Is the recycler treating solar modules as valuable commodities?
      • Verify proper storage conditions and security measures.
    • Does the recycler have adequate pollution insurance?
      • Ensure coverage is sufficient, understanding that $1-2 million may not be enough for cleanup costs.
    • Is the recycler avoiding speculative accumulation?
      • Confirm they process at least 75% of the previous year’s receipts.
      • Review receipt and processing records.
    • Is the recycling activity compliant with local regulations as well as federal regulations?
      • Verify if the state has adopted Hazardous Secondary Materials exclusions.
      • Confirm whether universal waste must be processed at specifically permitted facilities.
    • Is the facility in California?
      • Ensure compliance with California’s stringent recycling and permitting requirements.
    • Has the facility notified the EPA of its recycling activity?
      • Ensure documentation beyond an EPA ID number (ID numbers alone do not indicate compliance).
    • Does the facility have a closure plan and cost estimate?
      • Check that the plan accounts for the maximum volume of materials.
      • If more materials are present than listed, this could be a red flag.
    • How is the closure cost assured?
      • Verify that funds for closure are set aside in a way that the facility cannot access the money except for closure activities, with some EPA oversight.
    • Are the secondary wastes analyzed for hazardous characteristics?
      • Review process documentation, including generation and sampling reports for materials of concern.
    • Does the secondary material contain contaminants not found in the product it is replacing?
      • For example, glass culet should not contain more than a few hundred parts per million of metals.
    • Where are and how are secondary materials processed at downstream facilities?
      • Ensure your recycler can account for where all materials go and why their transfer is legal, especially for contaminated materials like glass or metals mixed with silicon.
    • Do the secondary materials provide a useful contribution to the new product?
      • Verify that this contribution is well documented.
    • What is the safety record of your recycler?
      • Check the recycler’s experience modifier ratio (EMR), which reflects safety performance. An EMR over 1.10 signals safety concerns, while the best recyclers will have an EMR below 1.00. Request an official copy of the EMR letter or worksheets as objective evidence.
    • Does your recycler export any secondary materials?
      • If so, ensure that secondary materials are adequately sampled to determine regulatory status in both the U.S. and receiving countries.
      • If the materials are hazardous, the USEPA must be notified, and a formal consent process is required.
    • Are contaminated glass and other materials sent to smelters for metal recovery?
      • Be aware that this process may result in the loss of silicon and glass to the slag layer, meaning they are not beneficially reused.

    The solar waste problem is one that requires attention today as generation rates of solar waste continue to rise. North Carolina offers some of the best guidance available on applying the Hazardous Secondary Materials rule and ensuring that generators meet their responsibilities. For more detailed information, you can review their technical assistance documents here. It’s also important to remember that clean glass from solar modules can be recycled infinitely, but if contaminated, it becomes a negative-value material, complicating its recycling potential. Proper due diligence and an informed approach to choosing a downstream PV recycling partner are essential to navigating these challenges effectively.

    Solar eWaste Solutions was founded on the principle of full compliance to protect our customers and prevent hazardous waste issues that put your business at risk. We are the Value Recovery Experts who prioritize maximizing material recovery to get you the best prices for recycling your panels. We do so with a transparent traceability dashboard that delivers ESG Reports. Get a quote today and work with the Good Geeks, who are always on your side. 

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