Federal lithium battery regulations explained

How does EPA regulate used lithium batteries?

EPA regulates used lithium batteries under the Resource Conservation and Recovery Act, or RCRA, when they become waste. A used battery that is discarded or sent for recycling may be a solid waste, and if it exhibits a hazardous characteristic, it is a hazardous waste. The generator is responsible for making that determination and for managing the waste accordingly. EPA’s hazardous waste regulations are in 40 CFR Parts 260 through 273. Battery recyclers and shippers should understand that waste regulations are separate from transportation regulations, and both can apply to the same shipment.

The rules also include a recycling exclusion for some situations. Because the details are technical, treat this section as an orientation and consult an environmental professional for your site. One practical consequence is that the party that generates the waste is responsible for deciding how it is classified. A business cannot simply hand a waste battery to a hauler and assume that the hauler has taken on that responsibility. Working with a recycler that understands the rules and documents the transfer is one way to manage that obligation.

What makes a lithium battery a hazardous waste?

A lithium battery is hazardous waste if it exhibits one of the RCRA characteristics: ignitability, corrosivity, reactivity, or toxicity. Lithium batteries most commonly raise concerns for ignitability and reactivity, because of flammable electrolytes, the potential for thermal runaway, and in the case of lithium metal, reactive materials. Some batteries may also raise toxicity concerns depending on their contents. EPA has explained that many lithium batteries, when discarded, exhibit hazardous characteristics. That means generators generally cannot assume a used battery is non-hazardous. Unused or fully discharged batteries may still need to be evaluated.

A generator that does not make the determination correctly risks mismanagement, so managing lithium batteries as hazardous or universal waste is the conservative approach. Even for batteries that appear to have no charge, caution is warranted. A battery may retain energy or be damaged in ways that are not visible, and the regulations treat the potential for reactivity seriously. Mixed loads of batteries, including unlabeled or unknown types, are usually safest handled as a hazardous or universal waste until proven otherwise.

• Ignitability: flammable electrolyte and fire risk.
• Reactivity: potential for violent reaction or thermal runaway.
• Corrosivity and toxicity: depends on chemistry and contents.

Can lithium batteries be managed as universal waste?

Yes. EPA’s May 2023 memo explained that most lithium batteries that are hazardous waste can be managed under the universal waste regulations in 40 CFR Part 273 as batteries. This gives businesses a streamlined option for labeling, storage, and shipping, instead of managing them under the full hazardous waste generator requirements. The memo also noted that damaged or leaking batteries must be contained to prevent releases, and that once batteries reach a destination facility for recycling they are no longer universal waste, so that facility must meet the hazardous waste standards for destination facilities.

States can choose whether and how to apply the universal waste rule, so confirm what your state allows before relying on it. Universal waste handlers must still comply with DOT rules when they send batteries off site. They must also send them only to another universal waste handler, a destination facility, or a foreign destination in compliance with the rules. In practice, that means choosing a recycler that is authorized to receive the waste, and keeping records of the shipment.

Has EPA proposed new rules for lithium batteries?

Not yet. EPA has announced plans to propose changes to the universal waste rules that would create a separate category for lithium batteries, with standards aimed at their fire risk, but it has not yet published a proposed rule. The goal is to tailor the requirements for collecting, storing, and recycling these batteries. Because rulemaking takes time, requirements may change. Do not assume that proposals are in force until they are finalized and adopted in your state. Check EPA’s website and your state agency for current status.

If you manage batteries today, follow the rules that are in effect now, and keep records that will make any later transition easier. In the meantime, the May 2023 memo remains EPA’s main statement of how the current rules apply. Industry groups and local governments have also pushed for clearer rules. Staying informed through EPA’s universal waste pages and your state agency is the best way to track developments that may affect your program.

What do DOT and PHMSA regulate?

The Department of Transportation, through the Pipeline and Hazardous Materials Safety Administration, regulates the transport of hazardous materials in the Hazardous Materials Regulations, 49 CFR Parts 171 through 180. Lithium batteries are Class 9 miscellaneous hazardous materials, and the main provisions are in 49 CFR 173.185. They govern classification, testing, packaging, marking, labeling, and shipping papers. Transport rules apply whether batteries are new, used, or being shipped for recycling. Special provisions allow relief in some cases, for example for small cells and for batteries shipped for disposal or recycling, but conditions must be met.

DOT also requires hazmat training for employees who prepare shipments. The shipping guide on this site covers the practical side of preparing a shipment. Some shipments qualify for exceptions that reduce documentation or labeling, but others do not, and the rules differ by mode of transport. PHMSA publishes interpretations and guidance, and it enforces the rules with civil penalties. Shippers who are unsure should consult the regulations, the agency’s help line, or a qualified hazmat consultant before shipping.

How does OSHA fit in?

OSHA regulates workplace safety, so it affects how employers store, charge, and handle lithium batteries on the job. Relevant requirements include hazard communication, emergency action and fire prevention plans, personal protective equipment, electrical safety, and training. OSHA does not have a single standard for lithium batteries, but its general duty clause and other standards can apply. In practice, employers should assess the hazards of their battery storage and charging, train employees in safe handling and emergency response, and follow manufacturer instructions and applicable fire codes.

Documenting training and inspections is good practice. Workplace requirements are separate from EPA waste rules and DOT shipping rules, so a compliant program addresses all three. Employers should also remember that fire codes, adopted by states and cities, often impose requirements on battery storage rooms, quantities, and fire protection. These are separate from federal rules but can be just as binding. Coordinating among safety, facilities, and environmental teams ensures that one set of rules does not conflict with another.

What changes for air transport and international shipments?

Air transport is governed by international rules, mainly the IATA Dangerous Goods Regulations, which implement ICAO technical instructions. These rules are typically stricter than ground rules, and they set limits such as the 30 percent state of charge requirement for lithium-ion batteries shipped alone as UN3480. U.S. carriers apply them for air shipments, and DOT regulations also address air transport. International movements of waste batteries may also be subject to export and import controls, including notification and consent requirements under hazardous waste rules and international agreements.

If your batteries cross a border, ask a specialist before shipping. For domestic recycling, ground transport under DOT rules is the usual route. Compliance across these regimes is usually easiest when a single person owns the program and keeps records in one place. Whether you ship by ground or air, hold a clear policy that identifies the battery types you handle, how they are stored, who is trained, and which recycler receives them. We’ll quote options that fit that program.