E-Waste (Management) Rules, 2022 (Part-2 of 2)

Background:

This update is prepared for understanding of E-waste (Management) Rules, 2022 issued by Ministry of Environment, forest and climate change which shall come into force from April 01, 2023. It is in continuance of part-1 of 2 issued on January 18, 2023.

Management of solar photo-voltaic modules or panels or cells:

• Every manufacturer and producer of solar photo-voltaic modules or panels or cells shall, –

• ensure registration on the portal
• store solar photo-voltaic modules or panels or cells waste generated up to the year 2034-2035 as per the guidelines laid down by the Central Pollution Control Board (CPCB) in this regard;
• file annual returns on the portal on or before the end of each year up to year 2034-2035;
• ensure that the inventory of solar photo-voltaic modules or panels or cells shall be put in place distinctly on portal;
• comply with standard operating procedure and guidelines laid down by the CPCB in this regard.

• Recycler of solar photo-voltaic modules or panels or cells shall be mandated for recovery of material as laid down by the CPCB in this regard.

Restrictions over use of substances:

• The government has restricted the use of hazardous substances in manufacturing electrical and electronic equipment (EEE) following deaths due to exposure to radioactive material.
• It mandates the reduction of the use of lead, mercury, and cadmium among others in the manufacturing of electronic equipment.

Annual E-Waste Recycling targets:

• Producers of notified EEE, have been given annual E-Waste Recycling targets based on the generation from the previously sold EEE or based on sales of EEE as the case may be.
• Target may be made stable for 2 years and starting from 60% for the year 2023-2024 and 2024-25; 70% for the year 2025-26 and 2026-27 and 80% for the year 2027-28 and 2028-29 and onwards.

Extended Producer Responsibility Certificate (EPRC) generation:

1. Recycling:

• The CPCB shall generate EPRC through the portal in favour of a registered recycler in the format laid down by it in this regard.
• The validity of the EPRC shall be two years from the end of the financial year in which it was generated and the expired certificate automatically extinguished after the period unless extinguished earlier as per the provisions of these rules.

2. Refurbishing:

• The e-waste shall also be allowed for refurbishing and refurbisher shall have to get registered on the portal and based on the data provided, refurbishing certificate shall be generated in favour of a registered refurbisher in the format laid down by it in this regard.
• To incentivise refurbishing, only 75 per cent of the deferred quantity shall be added to the extended producer responsibility of the producer for recycling upon expiry of the extended life of the refurbished product. Example: If a producer has extended producer responsibility obligation of 100 tonnes in the year 2023- 2024 and he purchases recycling certificate of 60 tonnes and refurbishing certificate of 40 tonnes and the concerned item has extended life of five years due to refurbishing. In this case 60 tonnes of the extended producer responsibility of the producer shall be achieved in the year 2023-2024 itself and 75 per cent of the reaming 40 tonne i.e. 30 tonnes shall be carried over and added to the extended producer responsibility of that producer for the year 2028-2029 for that item.
• The extended producer responsibility obligation shall be extinguished only after end of life disposal through a registered recycler and producing extended producer responsibility certificate and not by refurbishing certificate.

SW Remarks:
Manufacturer shall use the technology or methods so as to make the end product recyclable and shall ensure that component or part made by different manufacturer are compatible with each other so as to reduce the quantity of e-waste. The CPCB shall conduct random sampling of electrical and electronic equipment placed on the market to monitor and verify the compliance of reduction of hazardous substances provisions.

Pulkit Singh, SW, Audit Associate, SW India

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