U.S. Extended Producer Responsibility Framework for Batteries: What Industry Stakeholders Should Know

Author: Cambre Codington

Background

Under the Infrastructure Investment and Jobs Act (IIJA), the U.S. Environmental Protection Agency (U.S. EPA) and Department of Energy (DOE) are developing a voluntary national Extended Producer Responsibility (EPR) framework for batteries, with publication targeted for summer 2026. The framework is intended to guide states toward more consistent battery stewardship programs by addressing recycling goals, producer obligations, reporting requirements, product design considerations, and collection and transportation systems.

EPR frameworks assign financial and/or operational responsibility to producers for managing a product throughout its entire lifecycle, from manufacturing through end-of-life collection, recycling, and disposal. In the United States, EPR programs are currently implemented at the state level, and the voluntary federal framework is meant to complement — not replace — those programs. This article walks through the framework’s purpose, scope, development process, and anticipated impact on industry stakeholders.

What is the Battery EPR Framework?

The voluntary battery EPR framework is an upcoming federal guidance document meant to support states as they develop and implement battery stewardship programs. Its main goal is to boost battery collection and recycling rates in order to:

• Recover critical minerals and valuable materials from spent batteries;
• Reduce fire risks caused by batteries entering municipal waste and recycling streams; and
• Strengthen the domestic battery supply chain and circular economy.

Many state battery EPR programs rely on producer responsibility organizations (PROs) to carry out these obligations. A PRO is typically an entity formed or used by producers to collectively implement stewardship obligations, such as collection, recycling, financing, education, and reporting. The voluntary framework will likely address how PRO structures can support more consistent implementation across states.

Although the framework itself won’t impose direct federal regulatory requirements, it’s meant to give states a menu of current practices, options, challenges, and considerations they can draw on for more consistent EPR program design. U.S. EPA has indicated that the framework and its accompanying report to Congress will cover all battery chemistries – lithium-based, nickel-metal hydride, and alkaline – along with small and mid-format batteries. U.S. EPA and DOE have also gathered stakeholder input on large-format battery management.

Who May Be Impacted?

Battery producers are likely to be the primary parties affected by the battery EPR framework, though the definition of “producer” varies among the state EPR laws already on the books and may include:

• Battery manufacturers
• Brand owners
• Importers
• Distributors
• Retailers

For example, New York’s Extended Producer Responsibility for Rechargeable Batteries Law identifies the battery manufacturer or importer as the responsible party. California’s Responsible Battery Recycling Act defines a producer as a person or entity that manufactures covered batteries for sale in the state under its own brand name.

Industry stakeholders shouldn’t wait for the federal framework to start evaluating their obligations — several states already have battery stewardship or recycling requirements in place. Companies operating in California and New York, for instance, are currently subject to producer responsibility rules, and more states are likely to adopt or update similar laws before the federal framework is finalized.

The voluntary battery EPR framework aims to bring greater clarity and consistency to how “producer” is defined across the battery industry. As states adopt or revise EPR requirements, manufacturers, importers, distributors, and retailers may end up with different levels of responsibility depending on where they operate.

Other stakeholders that could be affected include:

• Battery recyclers
• Transportation and logistics providers
• Collection sites and waste handlers
• Municipal recycling programs
• Retailers accepting battery take-back

How Will the Framework Be Developed?

U.S. EPA and DOE are shaping the framework by looking at state battery stewardship laws already on the books, along with established international models. States that have played a notable role in the framework’s development so far include:

• California
• Illinois
• Minnesota
• New York
• Vermont
• Washington

International regulations, such as the European Union Battery Regulation, may also influence the framework’s structure and reporting expectations.

Most state battery EPR laws currently on the books give producers flexibility in how they set up collection methods, letting them design programs that fit their operations while still meeting accessibility and performance requirements. Many programs also try to make use of collection infrastructure that’s already in place to improve convenience and efficiency.

To support framework development, U.S. EPA and DOE conducted stakeholder engagement with representatives from industry, state and local governments, recyclers, and other interested organizations. The agencies requested feedback on several key topics, including:

• Scope of covered batteries and potential exemptions;
• Definitions of battery products and producers;
• Producer responsibility organization (PRO) structures;
• Roles of federal, state, and local governments;
• Collection and recycling targets;
• Reporting and performance metrics;
• Collection and transportation infrastructure;
• Fee structures and financing mechanisms; and
• Product design and labeling requirements.

U.S. EPA maintains information regarding stakeholder engagement activities and framework development on its battery management policy webpage.

When Will the Framework Be Released?

Once published, the voluntary battery EPR framework will be followed by U.S. EPA and DOE’s report to Congress.

Because the framework is intended as guidance rather than federal regulation, implementation timelines will depend on individual state adoption and legislative action. Some states may fold framework recommendations into new or current battery stewardship laws shortly after publication, while others may take several years to develop corresponding regulations.

What Should Industry Stakeholders Do Now?

Battery manufacturers, importers, retailers, recyclers, transporters, and collection sites should closely monitor U.S. EPA and DOE publications related to the voluntary framework and evolving state EPR legislation.

Organizations can begin preparing by:

• Reviewing the battery EPR laws already in place in applicable states;
• Evaluating current roles and responsibilities within the battery lifecycle;
• Assessing current collection, storage, transportation, and recycling practices;
• Identifying potential reporting and compliance gaps; and
• Planning for expanded producer stewardship obligations.

As battery EPR requirements continue to evolve, industry participants should anticipate increased accountability for battery products throughout their full lifecycle — from production and distribution through collection, recycling, and end-of-life management.

Companies that manufacture, import, distribute, sell, collect, transport, or recycle batteries should start evaluating where they fall within current and emerging battery EPR programs, and whether their tracking, vendor management, and end-of-life practices can support future compliance obligations. ALL4 can help assess your obligations under state battery EPR laws already in place, track the federal framework as it develops, and build compliance strategies that scale as requirements change. Contact Cambre Codington (ccodington@all4inc.com) or Paul Johnson (pjohnson@all4inc.com)  to talk through how these developments could affect your operations.