The Ministry Of Environment, Forest And Climate Change (MoEFCC) on May 20, 2022 has issued the Draft E-Waste (Management) Rules which shall be applicable to every manufacturer, producer, of electrical and electronic equipment (EEE), refurbisher and recycler involved in manufacture, sale, transfer, purchase, and processing of e-waste or electrical and electronic equipment listed in Schedule I, including their components, consumables, parts and spares which make the product operational but shall not apply to:
(a) used batteries as covered under the Batteries (Management and Handling) Rules made under the Act;
(b) packaging plastics as covered under Plastic Waste Management Rules, 2016.
(c) micro enterprises (service sector) as defined in the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006); and
(d) radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962 (33 of 1962) and rules made there under.
The foremost provisions of the rules are as followed:
• Entities to be covered.
The following entities will be covered under the EPR framework under this regulation:
a)Manufacturer
b) Producer
c) Recycler
d) Refurbisher
• Responsibilities of the manufacturer.
(1) all manufacturer shall have to register on online portal created for the purpose;
(2) collect e-waste generated during the manufacture of any electrical and electronic equipment and ensure its recycling or disposal;
(3) file annual and quarterly returns in the prescribed Form on the portal of Central Pollution Control Board on or before end of the month succeeding the quarter/year to which the return relates.
• Responsibilities of the producer. The producer of electrical and electronic equipment listed in Schedule I shall be responsible for -
(1) registration on the online portal created for the purpose;
(2) shall obtain and implement Extended Producers Responsibility (EPR) target as per
Schedule III through online portal of the Central Pollution Control Board (CPCB);
Provided that producer having EPR Plan under the provisions of the E-Waste (Management) Rules, 2016 prior to the date of coming into force of these rules shall migrate under these rules as per the procedure laid down by CPCB with approval of Steering Committee.
(3) Creating awareness through media, publications, advertisements, posters, or by any other means of communication.
(4) File annual and quarterly returns in the prescribed Form on the portal on or before end of the month succeeding the quarter/year to which the return relates.
• Responsibilities of the refurbisher.
(1) All refurbisher shall have to register on online portal created for the purpose;
(2) collect e-waste generated during the process of refurbishing and hand over the waste to registered recycler and upload information on the portal;
(3) ensure that the refurbished equipment shall be as per Compulsory Registration Scheme (CRS) of MeitY/BIS, devised for this purpose.
(4) file annual and quarterly returns in the prescribed Form on the portal on or before end of the month succeeding the quarter/year to which the return relates.
• Responsibilities of bulk consumer.
Bulk consumers of electrical and electronic equipment listed in Schedule I shall ensure that e-waste generated by them shall be handed over only to registered refurbisher or registered recyclers.
• Responsibilities of the recycler.
(1) all recycler shall have to register on online portal created for the purpose;
(2) shall ensure that the facility and recycling processes are in accordance with the standards or guidelines prescribed by the Central Pollution Control Board from time to time;
(3) ensure that the fractions or material not recycled in its facility is sent to the respective registered recyclers;
(4) ensure that residue generated during recycling process is disposed of in anauthorised treatment storage disposal facility;
(5) maintain record of e-waste collected, dismantled, recycled and sent to registered recycler on online portal and make available all records for verification/audit as and when required;
(6) file annual and quarterly returns in the prescribed Form on the portal of Central Pollution Control Board on or before end of the month succeeding the quarter/year to which the return relates.
(7) may accept waste electrical and electronic equipment or components not listed in Schedule I for recycling provided that they do not contain any radioactive material and same shall be uploaded on the portal;
(8) creating awareness through media, publications, advertisements, posters, or by any other means of communication.
(9) Will account for and upload information about any non-recyclable e-waste or any quantity which is not recycled or disposed of in landfills.
• Procedure for storage of e-waste. Every manufacturer, producer, refurbisher and recycler may store the e-waste for a period not exceeding one hundred and eighty days and shall maintain a record of sale, transfer and storage of e-wastes and make these records available for inspection. The storage of the e-waste will be done as per relevant rules/ guidelines.
Provided that CPCB may extend the said period up to three hundred and sixty-five days in case the e-waste needs to be specifically stored for development of a process for its recycling or reuse.
• Guidelines. CPCB, with the approval of Central Government, may issue guideline for collection, storage, transportation, segregation, refurbishment, recycling and disposal of e- waste, under these regulations, from time to time.
• Annual Report. CPCB will submit an annual report to MoEFCC regarding status of implementation of the e-waste management rules with quantitative and qualitative analysis along withits recommendations, within one month of the end of the financial year.
• Transportation of e-waste. Transportation of waste generated from manufacturing or recycling destined for final disposal to a treatment, storage and disposal facility shall follow the provisions under Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2016.
• Accident reporting. Where an accident occurs at the facility processing e-waste or during transportation of e-waste, the producer, refurbisher, transporter, dismantler, or recycler, as the case may be, shall report immediately to the concerned State Pollution Control Board about the accident through telephone and e-mail.
• Environment Compensation.
(i) CPCB shall lay down guidelines for imposition and collection of environment compensation on any entity in case of violation of any of the provision of these regulations and guidelines issued hereunder. The said guidelines shall be in accordance with these regulations and will be approved by MoEF&CC.
(ii) CPCB shall also lay down guidelines for imposition and collection of environment compensation on the Producers in case of non-fulfilment of obligations set out in these regulations and transaction or use of false EPR Certificate. The said guidelines shall be in accordance with these regulations and will be approved by MoEF&CC.
(iii) It shall also be levied on unregistered producers, manufacturer, refurbisher, recyclers and any entity which aids or abets the violation of these regulation.
(iv) Payment of environment compensation shall not absolve the Producers of the EPR obligation set out in these regulations. The unfulfilled EPR obligation for a particular year will be carried forward to the next year and so on and up to 3 years. In case, the shortfall of EPR obligation is addressed after 1 year, 85% of the environment compensation levied shall be returned to the Producers, In case, the shortfall of EPR obligation is addressed after 2 year, 60% of the environment compensation levied shall be returned to the Producers, and in case, the shortfall of EPR obligation is addressed after 3 year, 30% of the environmental compensation levied shall be returned to the Producers, thereafter no EC will be returned to the producer.
(v) False information resulting in over generation of EPR certificates by recycler above 5% of the actual recycled waste will result in revocation of registration and imposition of EC which shall not be returnable. Repeat offence, violation of the regulations for three times or more will also result in permanent revocation of registration over and above the EC charges.
(vi) The funds collected under environment compensation shall be kept in a separate Escrow account by CPCB. The funds collected shall be utilized in collection and recycling/end of life disposal of uncollected, historical, orphaned e-waste and non-recycled/ non-end of life disposal of e-waste on which the environment compensation is levied, research & development, incentivizing recyclers and on other heads as decided by the committee. Modalities and heads for utilization of the funds would be decided by the Steering Committee with approval of MoEF&CC, which may also issue instructions in this regard.
• Power to remove difficulties.
The Steering Committee will have power to remove any difficulty in smooth implementation of these regulations, and refer any such issues, as deemed fit, for consideration of the MoEFCC.
All persons likely to be affected thereby and notice is hereby given that the said notification will be taken into consideration by the Central Government on or after the expiry of sixty days from the date on which copies of this notification as published in the Gazette of India are made available to the public;
Any person interested in making any objection or suggestion on the proposals contained in the draft notification may do so in writing within the period so specified through post to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi- 110003 or electronically at email address: [email protected] or [email protected].
[Notification No. S.O. 360(E)]
