The rules that apply in United States
The US has no federal extended producer responsibility law for EV batteries. Lithium-ion batteries can be managed under EPA's universal waste rules, transport follows DOT PHMSA hazardous materials regulations, and states such as California and New Jersey are moving towards producer responsibility for EV batteries. Recycled material processed in North America can also count towards IRA critical mineral requirements.
End-of-life volume comes from early Tesla, Nissan and GM fleets, plus large production scrap from gigafactories across the Midwest and South.
What producers and holders must do
Producer responsibility follows whoever placed the battery on the market, but the practical burden often lands on the fleet or workshop holding the retired asset.
- Manage retired batteries under universal waste or state hazardous waste rules
- Package, mark and document shipments under 49 CFR hazardous materials rules
- Track state-specific EV battery take-back and reporting requirements
- Keep chain-of-custody evidence to support IRA critical mineral sourcing claims
Local permitting around Fremont, California
The works operates under California's demanding hazardous-waste regime, overseen by the Department of Toxic Substances Control, alongside local permitting. California has also legislated towards producer responsibility for EV batteries, so records are kept in a form that supports evolving requirements. Transport follows US DOT hazardous materials rules.
The document set
Shipments follow DOT PHMSA 49 CFR requirements, with damaged or defective batteries under stricter special permits and packaging. Each consignment carries a dangerous goods declaration, a transporter authorisation, a weighbridge record and a chain-of-custody sheet.
| Document | When | Purpose |
|---|---|---|
| Dangerous goods declaration | Before pickup | UN 3480 / UN 3481 classification and damage status |
| Chain-of-custody sheet | At handover | Links serials to transporter and destination |
| Weighbridge record | At gate-in | Verified mass for certificates and settlement |
| Recovery certificate | After processing | Quantity, recovery per metal and downstream vendors |
Booking a collection in the Fremont, California catchment
These site-specific notes help collections run on time.
- Experimental cells must be declared with chemistry and any known hazards.
- Dismantlers should remove and secure packs before the collection vehicle arrives.
- Include VINs or serial numbers to support California record-keeping.
- Damaged packs require advance notice and ship under separate paperwork.