E-cigarette fire hazards intensify, industry calls for strengthened legislative oversight

As e-cigarette use surges in the United States, these devices have drawn criticism for their appeal to youth. But an often-overlooked issue is the fire hazard they pose to waste and recycling workers. Now, calls are growing for state and federal legislation to better manage these products.

E-cigarettes are still relatively new to the United States, so comprehensive data on average product lifespan and the volume of e-cigarette waste generated is not yet available. However, a study released this month by the U.S. Centers for Disease Control and Prevention shows that e-cigarette sales increased by more than 122% from September 2014 to May 2020. The CDC says e-cigarette prices have also declined, further driving their popularity.

Not keeping pace with sales growth is the development of end-of-life solutions for e-cigarettes. Certain types of e-cigarettes are marketed as disposable, and consumers sometimes toss them in the trash after a single use. Other consumers believe the devices' components—metal, plastic, and lithium-ion batteries—are recyclable and mistakenly place them in recycling bins. Additionally, e-cigarettes—also known as vape pens or vapes—are small and can be accidentally mixed into waste and recycling streams. All these scenarios can cause combustion issues at various points in the supply chain.

"While far less visible than e-waste, vape-related waste is another significant emerging waste stream that local governments and their private-sector partners need to manage, and manage properly," said David Biderman, executive director and CEO of the Solid Waste Association of North America.

No federal or state legislation currently regulates the end-of-life disposal of e-cigarettes, although some attempts are underway. Recycling and safety advocates say now is the time to act, before the popularity of these devices grows further and brings negative impacts.

Safety First

Typically, e-cigarettes are operated by users pressing a button to heat a plastic cartridge containing liquid. Under normal conditions, these devices are not considered safety hazards, but they do pose dangers when operated in ways not intended by manufacturers or disposed of improperly.

"If you put a whole vape pen into a (collection) bin, the button gets pressed, or it gets squeezed just right, or its battery gets punctured, I think there's definitely a potential for a fire," said Tony Smith, vice president of safety at the Institute of Scrap Recycling Industries (ISRI).

The main safety concern with vape pens is the lithium-ion battery inside that powers the heating element or atomizer. Lithium-ion batteries are quite powerful and can cause thermal events or fires when damaged. These batteries are susceptible to damage under stress, such as crushing, puncturing, or friction. The frequent jostling, crushing, and shredding in waste and recycling streams can cause batteries to smoke or ignite adjacent materials in collection trucks, material recovery facilities (MRFs), scrap yards, or transfer stations.

"For MRFs and transporters, they are the trickiest batteries because of the high energy density, small size, and difficulty in identifying them," said Carl Smith, CEO and president of the nonprofit Call2Recycle. "Our biggest concern is the puncturing and shredding that happens during waste processing. That can cause a fire."

Lithium-ion batteries retain a charge even when they seem no longer useful, and even a small charge can trigger a thermal event.

"Over the past few years, the number of reported fires at post-collection facilities has increased significantly. Lithium-ion batteries are certainly driving that increase," Biderman said.

Thermal hazards are driving efforts to expand lithium-ion battery recycling options, but it is increasingly common for batteries to be embedded in devices and difficult—or impossible—to remove. Many phones, computers, and e-cigarettes are designed so that consumers cannot remove the embedded batteries. "This is a huge problem that isn't going away," said ISRI's Smith.

Some consumers do attempt to remove embedded batteries, but this can damage the battery and make thermal events more likely. If consumers successfully remove the battery, they may replace it with a similar but unsuitable battery for the device, still causing thermal events. For example, vape pens contain a common battery, but not all batteries of that size and type are interchangeable.

"This is one of the most common lithium-ion cells on the market... When people think they can take any lithium-ion 18650 battery and expect it to work as well as the one sold in the e-cigarette, we see a lot of thermal events," said Call2Recycle's Smith.

Although Call2Recycle accepts and recycles batteries, it cannot legally accept complete vape devices. Smith said the organization would like to work more with e-cigarettes, but that won't happen until a safe method for removing batteries for recycling is found.

Canadian e-waste recycler Greentec recently announced a partnership with Auxly Cannabis Group to launch a free consumer recycling program for vape pens, cartridges, and batteries. The recycler says it adheres to strict acceptance standards to ensure employee safety.

"We have specific acceptance guidelines. If an e-cigarette is damaged or leaking... it needs to be packaged and handled differently," said Tony Perrotta, CEO of Greentec. "If it's at end-of-life but intact, we'll accept it. If it's broken, that's where the risk comes in."

Call2Recycle has also seen a significant increase in requests for vape pen recycling, especially in the past two years. "Two years ago, frankly, I wasn't even sure what they were. But in the past few years, it's been one of the most popular inquiries—if not the most popular," Smith said.

Although embedded batteries create difficulties for e-cigarettes, they are designed that way for a reason: to prevent consumer tampering that could lead to battery fires.

"Vape manufacturers say that if consumers are allowed to put in any battery they think is suitable, there would be more thermal events. Either way, you have to pay a price. That's why this is such a complex issue," Smith said.

Regulatory Struggles

So far, no state has passed legislation to regulate the disposal of end-of-life e-cigarettes—but several have tried.

"Society doesn't yet have a solution to keep them out of the waste stream," said Danielle Waterfield, chief policy officer at ISRI. "Policymakers are starting to see there's a problem that needs to be addressed."

California came closest to passing comprehensive vape legislation in the most recent legislative session, and Maine also made progress. However, the process has stalled, partly because the COVID-19 pandemic disrupted legislators' agendas.

The Maine bill is one of the few pieces of legislation specifically targeting e-cigarette waste. Most bills are drafted to protect consumers from the health hazards of smoking, with disposal considerations added as an afterthought. The proposed California bill would ban the sale of disposable e-cigarettes.

"They are designed to be thrown away. That's absolutely unacceptable," said Heidi Sanborn, executive director of the National Stewardship Action Council, which supports the California bill. "If they are reusable, you need a recycling or reuse program."

California's legislation includes requirements for a recycling program or an extended producer responsibility (EPR) program.

"The bill would require manufacturers to collect reusable components that are household hazardous waste and send those components to an appropriate recycler, or reimburse household hazardous waste collection facilities for the costs of collecting and recycling those reusable components," the legislation states.

The EPR model is popular for e-cigarette products in Canada, with Ontario-based Greentec processing devices collected by Auxly through its recycling program.

"The good thing is they don't just recycle their own products, but all products. That's significant for them," said Greentec's Perrotta. "We have EPR regulations in Canada... I think you'll see more and more jurisdictions, provinces, and states passing this type of legislation."

Embedded batteries could complicate the adoption of EPR-style legislation for e-cigarettes and other electronics in the United States.

"If it's just a battery, the battery manufacturer will be held responsible. But when it's an embedded battery, is it the battery manufacturer's responsibility or the vape manufacturer's? Now you have two producers fighting each other," Waterfield said.

California treats nicotine as a hazardous substance, which is reportedly another obstacle to advancing vape legislation. In fact, most states regulate nicotine-related products differently due to their controlled substance status.

Complicating matters further, some vapes are used for cannabis consumption. Like nicotine, cannabis is a controlled substance, and cannabis waste is often treated as hazardous material requiring special handling. Therefore, vapes used for cannabis consumption fall into a gray regulatory area. States must choose whether to address the cannabis factor or only handle the devices without addressing their specific use.

"What's inside doesn't matter. It's an electronic product that needs to be properly managed," Sanborn said.

Federal legislation on e-cigarette disposal is also in the works, and similar to state bills, it is not primarily proposed to address device disposal. In this case, a broader plastics management bill mentions vapes because disposable cartridges are made of plastic.

Senator Tom Udall (D-N.M.) and Representative Alan Lowenthal (D-Calif.) introduced the Break Free From Plastic Pollution Act of 2020 in February. The bill would set waste and recycling requirements for various plastic products and make certain manufacturers financially responsible for end-of-life product management. It also seeks to have participating committees make recommendations on establishing EPR programs for vapes and their components.

"Tobacco-related products contribute significantly to plastic pollution, and we want to address that," said Rep. Lowenthal.

The federal bill has stalled for several reasons, including the pandemic putting most pending legislation on hold, and questions about gaining enough support to pass a comprehensive plastics bill in the Republican-controlled Senate.

Lowenthal said his and Udall's offices are in the early stages of determining which parts of the bill to update before it is reintroduced during the next congressional session in 2021. Sections involving EPR or recycling programs for vapes may be among those to be updated.

Looking Ahead

Industry players agree they expect more vape-related legislation in the coming years.

"They will be increasingly regulated. There's no doubt about that," said Call2Recycle's Smith.

As additional regulations emerge, advocates are calling for more educational programs to inform consumers on how to properly dispose of or recycle these devices.

"It can't just be a regulatory solution. There needs to be education, and it has to come first from manufacturers, and then maybe be communicated by municipalities," Smith said.

Sources also said legislation alone won't solve the problem. More support and cooperation from all stakeholders, including product manufacturers and the recycling industry, are needed.

"The industry is trying to take a leading role in this, bringing stakeholders together to figure out ways to keep vapes out of the recycling stream," said ISRI's Waterfield. "Wouldn't it be great if manufacturers could design for recyclability, so these batteries can be safely removed and properly collected for lithium-ion battery recycling?"

More voluntary recycling programs are also expected. Some e-cigarette manufacturers have already implemented their own programs, including Juul's mail-in recycling program. Veolia North America has also participated in a recycling program that transported, dismantled, and recycled 1.13 million e-cigarette kits, with nicotine-containing cartridges sent to a hazardous waste incineration facility in Illinois.

Some local and state governments have begun providing limited information on how to handle end-of-life vapes. Washington State's Department of Ecology advises residents not to put e-cigarettes in the trash and to dispose of them according to hazardous waste regulations. Minnesota's Pollution Control Agency has similar recommendations for nicotine-containing cartridges and advises sending rechargeable devices to battery recyclers, as disposing of them in the state is illegal.

Last fall, the U.S. Drug Enforcement Administration also began accepting vape pens and cartridges at its National Prescription Drug Take Back Day drop-off sites, with one condition: devices containing lithium-ion batteries are not accepted. The agency encourages consumers to consult lithium-ion battery recyclers, but many recyclers also do not accept these devices.

No matter how the handling of this material evolves, advocates say changes are needed in how end-of-life e-cigarettes are managed to protect waste workers, recyclers, and consumers.

"People currently have no easy way to deal with these," Sanborn said. "And then we wonder why they are improperly managed."