Understanding the New Battery EPR Law in Nebraska, United States
The passage of the Safe Battery Collection and Recycling Act, implemented through Legislative Bill 36 in Nebraska, marks a significant milestone in U.S. environmental legislation. Designed to promote sustainable waste management practices, this law introduces an Extended Producer Responsibility (EPR) program focused on battery collection and recycling. Whether you’re a small business owner or a larger organization, it’s essential to know how this legislation may impact your operations.
Here’s a detailed breakdown of the new battery EPR law, how businesses can assess its relevance, key timelines, and strategies to stay compliant.
What Is the Safe Battery Collection and Recycling Act in Nebraska?
The Safe Battery Collection and Recycling Act creates a framework for managing battery waste more sustainably. It establishes EPR responsibilities for producers, requiring them to contribute to the collection, recycling, and safe disposal of covered batteries and battery-containing products, such as medium-format batteries and rechargeable portable batteries.
Key Points of the Law:
- Producers must join a Battery Stewardship Organization (BSO): Starting on January 1, 2028, producers cannot sell batteries unless they are part of a BSO with an approved stewardship plan.
- Mandated collection and battery recycling targets: Producers are required to meet specific recycling efficiency rates and provide free collection for covered batteries.
- Prohibition on landfill disposal: Starting in 2028, improper disposal methods like landfilling or incinerating batteries will be prohibited.
This law addresses growing concerns about battery waste, particularly its environmental impacts, by holding producers accountable for the entire lifecycle of their products.
How to Know If Your Business Is Affected
Not all businesses are directly impacted by the Safe Battery Collection and Recycling Act, but it is critical to evaluate whether your operations fall within the law’s scope.
Businesses Likely to Be Affected:
- Battery Producers or Importers: Companies that manufacture, sell, or distribute covered batteries in Nebraska must comply with this law.
- Retailers of Battery-Containing Products: Retail businesses offering battery-containing products to consumers should verify that the batteries they sell are sourced from compliant producers.
- Brands Using Private-Label Batteries: Companies selling private-label items containing batteries are considered producers and must meet compliance requirements.
Exemptions
Certain batteries and products are exempt from the law, including:
- Batteries in non-removable components of products.
- Batteries intended for motor vehicles.
- Batteries included in medical devices regulated by federal law.
If you fall under these categories, you may not need to participate directly in a BSO or meet other compliance obligations.
Steps to Take if Your Business Is Affected
If your business is deemed responsible under the law, here is a prioritized checklist to get compliant:
- Join a Battery Stewardship Organization (BSO): Producers must partner with a certified BSO to develop and implement a recycling plan.
- Register with the Department of Environment and Energy: Ensure your brand or company is properly listed in compliance documentation.
- Assess and Label Your Products: Make sure covered batteries include the required markings to indicate the producer and promote proper disposal.
- Prepare for Data Reporting: Track the weight and types of batteries you sell to support annual reporting obligations to the state.
- Engage in Public Awareness Campaigns: Part of your responsibility involves participating in consumer education to improve recycling outcomes, as outlined in your BSO’s plan.
Non-compliance can result in significant penalties, so it’s essential to start these steps early.
Key Timelines for Compliance
Mark these dates to ensure your business meets all legal obligations on time:
- January 1, 2027: Deadline for BSOs to submit their initial battery stewardship plans.
- January 1, 2028: Producers must be part of a BSO with an approved plan to sell covered batteries or products in Nebraska.
- June 1, 2029: First annual reports and performance evaluations from BSOs are due, summarizing program outcomes and financial details.
Missing these deadlines could lead to fines or a prohibition on selling batteries in Nebraska.
How RLG Can Assist with Battery EPR Compliance
Navigating battery EPR laws and subsequent compliance activities can be complex, but you don’t have to tackle it alone. RLG (Reverse Logistics Group) provides end-to-end support for businesses looking to meet their obligations under EPR legislation. We are industry-recognized for our lithium-ion battery safety products and EPR compliance support.
Here’s How RLG Can Help:
- Stewardship Plan Support: Assist with BSO membership, registration, and developing compliance strategies tailored to your business needs. RLG also offers support services for PROs, leveraging over 30 years of experience managing all facets of PRO organization and operation.
- Data Management: Track and report battery volumes and financial data to meet state reporting requirements.
- Financial Management: Ensure proper contributions are made to support battery collection and recycling initiatives.
- Registration: Manage product registrations to keep your products in Nebraska’s marketplace.
- Beyond Compliance: Be proactive with Lithium-Ion Battery Safety Box, ensuring a safer approach to collection and transport of your lithium-ion batteries and mitigating the risk of damages in the event of thermal runaway.
By leveraging RLG’s expertise, your business can confidently comply with the new law while staying focused on your core operations.
Take Action Today
The Safe Battery Collection and Recycling Act presents an opportunity for businesses to align with sustainability goals while ensuring compliance with state laws. Assess your business’s role in battery production and sales now, and take proactive steps to align with the law’s requirements.
For personalized assistance with EPR compliance, contact RLG today. Our team is here to simplify the process and support your sustainability efforts.
