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Today, there are no federal regulations that expressly address the waste management of PV Panels. However, state- and industry-led policies have started to emerge to address the end-of-life phase of PV Panel concerns. We have identified four states that have recently enacted laws that address PV Panel recycling. For example, Washington State implemented an EPR regulation that impacts PV solar manufacturers. The regulation will require PV Panel manufacturers to finance the takeback and reuse or recycling of PV Panels sold within or into the state, at no cost to the end user.

California also passed a regulation that took effect in January of 2021 that allows for PV Panels waste to be managed as universal hazardous waste. California’s universal waste regulation allows for PV Panels being recycled or disposed of under less stringent handling, transport, and storage requirements than for hazardous waste and prohibits the use of heat and chemical treatment and recycling processes. In addition, New Jersey and North Carolina passed legislation in 2019 to study the management of waste PV Panel options to inform future regulation in their respective state.

Currently, Japan has no regulation for the end-of-life management of PV Panels and therefore, it must be treated under the general Waste Management and Public Cleansing Act. This act prescribes definitions of wastes, responsibilities of industrial waste generators and handlers, handling of industrial wastes including landfill disposal, and so forth.

However, the Ministry of Environment (MOE) and Ministry of Economy, Trade and Industry (METI) have jointly worked to address the waste management of decommissioned energy equipment such as PV Panels and wind turbines. A roadmap of 2015 led to the launch of the first set of guidelines in 2016 for promoting waste management of PV Panels. These guidelines also push for reusing PV Panels in regions such as Africa, where electricity grids are underdeveloped. The 2nd edition of guidelines for promoting proper waste treatment for PV Panels including recycling has been published in December 2018. The guideline covers basic information such as relevant laws and regulations on decommissioning, transportation, reuse, recycling and industrial waste disposal.

In December 2017, the Japan PV Energy Association (JPEA) published voluntary guidelines on managing waste of PV Panels. Although these guidelines are not binding, JPEA strongly recommends the industry to follow these guidelines.

The latest development is Japan’s FIT scheme that requires accumulating funds for waste management after the operation period in advance. This has entered into force by April 2022, and owners of PV systems and plants, excluding residential PV systems (less than 10kW), are obliged to comply. Amount to be reserved will be varied by year certified under the FIT scheme.

In August 2019, Korea PV Industry Association (KOPIA), the Energy Ministry and the Environment Ministry signed an innovative memorandum of understanding to make it mandatory for PV panel producers to recycle their products under EPR regulations.

Korea’s Ministry of Environment (MOE) announced an amendment to the Enforcement Decree of the Act on Resource Circulation of Electrical and Electronic Equipment and Vehicles (Resource Circulation Act), which entered into force on 1 January 2021.

Among the key changes, was an enlarged scope of electrical and electronic equipment subject to restrictions on the use of certain hazardous substances, and expanded restrictions of the use of hazardous substances in electrical and electronic equipment.

This Resource Circulation Act highlights 50 products in five categories, including photovoltaic solar panels for mandatory recycling.

The EPR policy shall charge penalties to manufacturers or importers of PV Panels when they do not collect and recycle a certain percentage of discarded PV Panels imposed by the Government.

The Bill related to Waste Management, Extended Producer Responsibility and Recycling Promotion encourages the reduction in the generation of waste and promotes recycling, by holding producers and importers accountable for funding a correct management of the waste generated by the products that are placing on the market, whether they are imported or locally manufactured.

The purpose behind the implementation of this Bill is to seek the reduction in waste generation and increase the recycling rate up to a 30%. One of the guiding principles of this Bill is the Polluter Pays principle which is about who contaminates, has to pay and the internalization of the costs.

South Africa published a few years ago a set of EPR regulations, which aim to extend companies’ financial or physical responsibility for certain identified products to the post-consumer stage of the products.

The EPR Regulations were published and came into force on 5 November 2020. This is the first comprehensive set of regulations seeking to regulate EPR measures. The new EPR regime applies to producers of paper, packaging and some single-use products and EEE including PV Panels and lighting equipment, with designated “‘identified products’” within each sector.

Since August 2021, there is a landfill ban in place for electronic waste, which includes PV Panels.

The Amendment of 5 May 2021 introduced the Extended Producer Responsibility for all EEE, Batteries and Wind power systems, and explained how the implementation must be done and has set targets.

Due to the rapid growth of the PV industry, PV module EoL management is receiving attention from Chinese Government and PV producers. In 2011, Waste Electrical and Electronic Product Recycling Management Regulation came into effect, which requires e-waste to be collected and recycled in a centralised processing system. Producers are given freedom to either collect and recycle e-waste by themselves or make an arrangement with the seller for proper recycling/disposal. However, this regulation does not list PV Panels as e-waste.

Directions for accelerating the waste management of PV Panels are described in the 13th Five-Year Plan for 2016-2020. In 2017, China PV Industry Association (CPIA) published a PV Panel recycling standard, but it does not clearly clarify who is responsible for PV recycling.

Due to the concern surrounding managing PV Panels waste, China sponsored R&D on PV recycling technologies under China’s National High-tech R&D Programme for PV Recycling and Safety Disposal Research. This research primarily focused on two recycling methods for cSi modules by physical and thermal recycling. The physical method achieved a recycling rate of nearly 90% by mass without the recycling of silicon. Thermal methods successfully recycled silicon, silver, and aluminum.

The 14th Five-Year Plan (2021-2025) for National Economic and Social Development and Vision 2035 of the People's Republic of China, includes interesting paragraphs, such as:

“We will comprehensively implement the concept of a circular economy and build a multi-tiered system for efficient resource recycling. (……) We will (….), enhance the planning and construction of waste recycling facilities, and improve the urban waste recycling and sorting system. We will put in practice reverse recovery (….). We will expand the coverage of the system for extending producers’ responsibilities;(….).”