EPR Compliance for E-Waste

EPR Compliance is now a popular term among businesses that are involved in some kind of waste generation. The waste can be e-waste, plastic waste, or any other kind of waste. This all started when the government adopted the ‘polluter pays’ principle. Since then the Central Pollution Control Board puts the burden of dealing with the management of waste on the producers that generate such waste. This is to save the environment for a better future. The Ministry of Environment, Forest and Climate Change releases waste management rules and regulations from time to time that businesses have to strictly follow otherwise penalties are levied on them. In this article, we will be talking about EPR Compliances for E-Waste which have to be followed by those businesses that are responsible for generating e-waste.

What is E-Waste?

Rule 3(l) of E-Waste Management Rules, 2022 defines E-Waste:-

“E-Waste means electrical and electronic equipment, including solar photo-voltaic modules or panels or cells, whole or in part discarded as waste, as well as rejected from manufacturing, refurbishment and repair processes.”

When an electrical or electronic product is discarded because of non-working or fault in any part of that product, it usually goes for refurbishment or repair but even if it is rejected from there then it is called e-waste. The latest amendment to the rules also included solar photo-voltaic modules, panels, and cells in this definition that were not covered before due to their connection with solar energy. There may be confusion in your mind that electrical and electronic denotes the same thing then why they are written separately here, I would like to clarify that electronic devices are those devices that are involved in the transportation and controlling of electrical energy while on the other hand electrical devices transform electrical energy into some other form of energy that we consume. For example, An electrical Bulb converts electrical energy into light energy that we use in our daily life.

EPR Compliances are divided into categories based on the type of waste. One of them is E-Waste. It is also further classified into various types and every waste is listed in the first schedule of E-Waste Management Rules, 2022. It includes 106 types of different items divided into seven different categories as follows:-

• Information Technology & Telecommunications Equipment
• Consumer Electrical & Electronics & Photovoltaic Panels
• Large & Small Electrical & Electric Equipment
• Electrical & Electronic Tools except for Large Stationary Industrial Tools
• Toys, Leisure & Sports Equipment 
• Medical Devices except for Implanted & Infected Products
• Laboratory Instruments

Role of EPR Compliance for E-Waste

EPR Compliance for E-Waste plays a very significant role to keep our environment neat and clean while also relieving the government from the expenditure of doing so. Specifically, E-Waste is very harmful to the environment considering the damage it can cause to human health. It usually includes very harmful chemicals and toxic substances which have to be disposed of very carefully and responsibly. In the lack of doing so, they can be exposed to the soil, the water, or the air. It can further result in the contamination of crops planted nearby, and water pollution in the rivers flowing nearby. It can also pollute the air if disposed of in the open or burnt and that air can further make people living nearby sick. Mercury, Lead, and Cadmium are some of those substances which can cause fatal damage to human beings.

Hence it becomes very necessary for the pollution-controlling bodies to make strict rules on the disposal of such waste and monitor them properly as well as punish the polluters if they do not comply with the rules prescribed.

Scope of EPR Compliance for E-waste Management

The E-Waste Management Rules 2022 applies to those producers, manufacturers, recyclers, and refurbishes who deal in the production, manufacture, recycling, and refurbishing of electrical, electronic, and solar photo-voltaic waste. It prescribes rules for the collection, transportation, disposal, and overall management of e-waste. The regulatory body is Central Pollution Control Board, which not just prescribe rules but also register all producer, manufacturer, recycler, and refurbishes. These people in business have to report to CPCB whenever they deal with e-waste and share detailed data about the same. They are also bound to not deal with any unregistered entity of such kind.

In this article, we are talking about EPR Compliances for E-Waste Management and hence these rules are not applicable to those who are involved in plastic waste, battery waste, radioactive waste, or any other hazardous waste. We have discussed these wastes in a different article based on the separate rules prescribed by the government.

EPR Compliances provided in the E-Waste Rules made the management of e-waste very organized in every manner. From Producers to recyclers and from collection to disposal, every process is monitored by Central Pollution Control Board. It ensures safe transport, storage, and disposal of e-waste and mitigates any possibility of an accident. Also in an unfortunate incident when an accident occurs, the reasons and responsible parties can be easily tracked because of the compulsory data submission on the web portal by all involved entities. It also has provisions to punish those who don’t comply with the rules of proper e-waste management. It motivates the parties to follow the prescribed procedure and avoid any costs they may incur in incidents of non-compliance. And this finally results in a safe environment for all when the stakeholders do their duty with honesty and in compliance with the rules.

Businesses that generate e-waste through their products, have to fulfil various responsibilities as prescribed by the E-Waste Management Rules, 2022. Some of the major responsibilities under EPR Compliance for E-Waste are given below.

The manufacturers are required to fulfil the following responsibilities:

• To register on the portal.
• To collect e-waste generated from the manufacturing of electronic and electrical equipment.
• To ensure the recycling of collected e-waste if it is recyclable.
• To ensure the disposal of collected e-waste if it’s not recyclable.
• To file annual returns.

The producers are required to fulfil the following responsibilities:

• To register on the portal.
• To obtain and implement EPR Targets under EPR Compliance for E-Waste
• To migrate their EPR plans from earlier 2016 rules to new rules of 2022.
• To create awareness about waste management through media, publication advertisements, posters or any other communication mediums.
• To file annual returns.

The refurbishes are required to fulfil the following responsibilities:

• To register on the portal.
• To collect e-waste generated from the process of refurbishing.
• Direct the collected e-waste to the registered recycler.
• To submit details of collected e-waste on the portal.
• Ensure that the equipment is refurbished as per the compulsory registration scheme of the Ministry of Electronics & Information Technology.
• Ensure that the equipment is refurbished as per the standards of the Bureau of Indian Standards.
• To file annual returns.

The recyclers are required to fulfil the following responsibilities:

• To register on the portal.
• To ensure that the facility and recycling process is following the guidelines prescribed by the CPCB.
• To ensure that if some materials are not recycled on their plant, they have to be redirected to the respective registered recycler.
• Ensure that the residue generated from the recycling process is disposed of in an authorised treatment storage disposal facility.
• To maintain the records of e-waste on the portal for verification and audit purpose.
• To file annual returns.
• To create awareness for recycling through media, publications, advertisements, posters and other communication mediums.

The Bulk Consumers are required to ensure that the e-waste generated by them is handed over to the registered producer, refurbisher or recycler.

Requirements of EPR Compliance for E-Waste

You must be involved in a business of any kind where you produce, sell and distribute the products that are specified in the EEE category and thereby generate e-waste at the end of their life. If you qualify for this condition then you can move on to the registration process of your company with the CPCB which is the first step towards the fulfilment of your EPR targets by following the EPR Compliance for E-Waste.

For registration, you should use the portal managed by the CPCB and respective State Pollution Control Boards or Pollution Control Committee in Union Territories. The Process may differ for different regions. CPCB charges a fee for registration and an annual maintenance fee from the producers, manufacturers, recyclers and refurbishers, who registers themselves on the portal. SPCB & PCC maintains this data and monitors these businesses, their products and recycled e-waste. SPCB & PCC of different states shares the latest updates and news regarding rules and procedures on their respective websites.

The requirement for the documents applicable to go through the various processes of EPR Compliance for E-Waste including registration, authorization, certification, etc. may differ from region to region but there are some common documents that are generally required for EPR Compliance. The list is given below:-

• Proof of Possession of Premises or Rent Agreement or Lease Deed
• Copy of incorporation certificate 
• MoA of the Company
• Board Resolution
• GST Details
• Pan Details
• EPR Plan under EPR Compliance for E-Waste
• Self-Declaration for compliance with the reduction of Hazardous Substances
• Copies of agreement with dismantlers, recyclers, and TSDF (Treatment & Storage Facility)
• Self-Attested copy of Authorisation of Dismantlers/Recyclers
• List of producers attached with dismantlers and recyclers along with producers’ collection targets
• Copy of IEC in case of importers along with Excel sheet of a list of imported products

Self-Declaration must be given as per the prescribed format given in the guidelines and procedures for processing applications. EPR plan is a plan submitted by the producer at the time of applying for EPR - Authorisation in which the producer is required to provide details of e-waste regarding how he is going to channel it to achieve the targetted collection.

Some states may specify more documents and details to be submitted while going through various EPR Compliance for E-Waste processes. In Delhi, a certificate has to be acquired from the concerned body and submitted to prove that the location is in conformity with the master plan of Delhi. In Goa, a Site clearance Certificate must be obtained from a local body.

The Ministry of Environment, Forest and Climate Change notifies of rules for the calculation of extended producer responsibility after every few years. These are a few rules that have to be considered for the calculation of extended producer responsibility under EPR Compliance for E-Waste.

• The extended producer responsibility is calculated every year for the producers after considering the products placed in the market by that producer in the last financial year.
• The extended producer responsibility also depends on the average life of that product which is assessed by the CPCB.
• E-Waste Recycling targets do not apply to solar photo-voltaic modules, panels or cells.
• Importers of used electronic and electrical equipment shall have a full extended producer responsibility obligation for the imported materials after the end of life if not exported.
• If the producer’s number of years in the business is less than the average life of their product then his EPR obligation is less than the producers, who are in this business for more years than the average life of their product.
• Extended producer responsibility is calculated for each product as per the information provided by the producer on the portal.
• CPCB generates EPR Certificates in favour of the recyclers which can be purchased by the producers after recycling the e-waste at registered recyclers.

A producer has to go through the following process to fulfil EPR Compliance for E-Waste it generated through its products:-

• Registering with the portal.
• Providing product details on the portal.
• Recycling the e-waste.
• Providing details of the recycled e-waste on the portal.
• Online purchase of EPR Certificates from registered recyclers.
• Submit the EPR Certificate by filing the quarterly return.

Details regarding the e-waste and their recycling by the producers and recyclers are matched with each other and in case of any difference found between the two, the lower figure of the recycled e-waste will be considered to determine the remaining EPR obligation in the EPR Compliance for E-Waste. The certificates shall also be subject to an environmental audit by CPCB or any other body authorised by CPCB. EPR Certificates are generated in denominations of 100, 200, 500, and 1000 kg and are valid for a maximum period of 2 years from the end of the financial year in which they were generated.

In the case of refurbishing, the refurbishing certificate is generated by the CPCB in favour of the registered refurbishers. The producers can purchase these refurbishing certificates. On the production of these certificates, the extended producer responsibility will be deferred by a duration decided by the CPCB. CPCB provides an incentive to the producers for refurbishing their products and as a result, it only adds 75% of the refurbished products to the EPR obligation of the producer EPR Compliance for E-Waste at the end of the extended life of the product.

Year-by-Year Renewal of EPR Obligations under EPR Compliance for E-Waste

Producers can only purchase a limited amount of EPR Certificates in a financial year. This limit includes its current year’s EPR liability, any carried forwarded EPR liability of the previous year, and five per cent of the current year’s EPR liability. These certificates can be submitted to the CPCB every quarter along with the quarterly returns of the producer. The future EPR obligations of the producers are adjusted by the CPCB as per the submitted EPR certificates. Adjustment rules are different for EPR certificates purchased from recyclers and refurbishing certificates purchased from refurbishers. If there is any liability left on the producer after complete adjustment at the end of the current financial year, the remaining EPR obligation/liability, under EPR Compliance for E-Waste, is carried forward to the next year.

Consequences/Punishments in Case of Non-Compliance with the EPR Compliance of E-Waste

The Central Pollution Control Board can punish any stakeholder in case they do not comply with the applicable rules and regulations regarding the management of E-Waste. The event of non-compliance may include the following occurrences:-

• Hiding any information or furnishing false information to get the registration.
• Not complying with the rules prescribed for the reduction of hazardous substances.
• Not complying with any other rule prescribed in the E-Waste Management Rules, 2022.

The E-Waste rules prescribe different punishments for different offences. The registration can be revoked for three years if it was obtained by furnishing false information or hiding some crucial information. The CPCB may direct the producers to withdraw their product from the market if they do not comply with the guidelines prescribed for the reduction of hazardous substances. In other cases, environmental compensation is levied on the offending business entities, the quantum of which is determined by the CPCB. These funds shall be used for corrective measures or the collection, recycling and disposal of orphaned e-waste.

We at Corpseed have a team having extensive knowledge relating to various horizons of Environmental Laws and Regulations. We perform desk-based research, documentation, and coordination to help clients in establishing their businesses and fulfilling the compliances as prescribed by the applicable rules. We provide the following EPR-related services:-

• EPR Authorisation
• EPR Compliance
• PRO Authorisation
• CPCB NOC
• E-Waste Recycling Plant Set-up
• Plastic Waste Recycling Plant Set-up
• Solid Waste Management Recycling Plant
• Treatment Storage Disposal Facility
• EPR for E-Waste
• E-Waste Licence
• Refurbisher Authorisation
• EPR in Plastic Waste
• EPR for Waste Tyres