Where to Register for EPR and Problems of EPR Implementations in India? If you wish to know more about the same, read this blog
Not only is a healthy environment desirable, but our Constitution guarantees it under Article 21, which grants each citizen the right to a healthy environment. But India’s entire biodiversity is being impacted by the growing amount of Waste, particularly electronic Waste. India is one of the top five countries in the world for producing the most e-waste, according to a joint ASSOCHAM-NEC research on the subject. Therefore, all producers, importers, and brand owners must fulfil their obligations under the EPR Registration for E-waste (Management) Rules by taking on the Extended Producers’ Responsibility, which largely entails completing the EPR Application.
EPR Authorisation
Extended Producer Responsibility (EPR) is a government policy that places crucial responsibility on producers for the treatment and disposal of consumer goods. Producers, importers, manufacturers, and brand owners are required to obtain EPR authorisation. EPR is a comprehensive approach that considers environmental, economic, and social factors. It holds producers financially and physically accountable for the management and disposal of post-consumer items, aiming to incentivise waste reduction, promote eco-friendly product design, and support recycling and waste management goals. The OECD is actively expanding EPR to encompass additional products, product groups, and waste streams, including electrical appliances and electronics.
E Waste Recycling Plant
A recycler is an individual involved in the recycling, reprocessing, and recovery of waste electrical and electronic equipment or their components. To engage in this activity, a recycler must obtain an EPR Registration for E-waste recycling licence issued by the Ministry of Environment, Forest and Climate Change (MoEF) and the Central Pollution Control Board (CPCB). Experience hassle-free processing, timely updates, and, most importantly, transparent pricing with no hidden fees.
E-waste Licence
The regulations for electronic waste (e-waste) apply to all entities involved in the production, sale, transfer, purchase, collection, storage, or handling of EPR Registration for E-waste. This includes manufacturers, producers, consumers, bulk consumers, collection centres, dealers, e-retailers, refurbishers, dismantlers, and recyclers.
Introduction: E-waste Recycler and Refurbisher Under EPR Mechanism
The Ministry of Environment, Forests, and Climate Change of the Government of India introduced the E-waste (Management) Rules, 2016, which were adopted and implemented in 2016. In a recent amendment, it has been mandated that authorised dismantlers, recyclers, and refurbishers will be responsible for the collection and processing of EPR Registration for E-waste. Additionally, the Extended Producer’s Responsibility (EPR) will come into effect from April 2023.
According to the ASSOCHAM-EY report on e-waste management, the global e-waste volume reached five million metric tons in 2021, with China and the United States leading the rankings. EPR Registration for E-waste has become the fastest-growing waste category worldwide, regardless of a country’s development status. The amount of e-waste is significantly increasing, as highlighted by the CPCB report, which recorded a rise of over 1.5 million metric tons in the past year. Unfortunately, a major portion of this EPR Registration for E-waste is being recycled or disposed of in an unscientific manner, involving practices like burning or dissolving in acids.
Under the 2016 amendment, the authorised dismantlers, recyclers, and refurbishers have the responsibility, through the Extended Producer’s Responsibility (EPR), for the collection and processing of e-waste. The implementation involves local bodies and municipal bodies, who are accountable for collecting, directing the dismantling and recycling process, as well as the processing and disposal of EPR Registration for E-waste. Any concerns related to these activities must be reported as public grievances. Burning and illegal trading of e-waste are considered violations under Rule 21 of the State Pollution Control Board, where the manufacturer, transporter, importer, producer, refurbisher, and even recycler are held liable under the Environment (Protection) Act, 1986.
As per Section 15 of the Environment Protection Act, 1986, the consequences for violations may involve monetary compensation to cover environmental damages, suspension of power and water supplies, and imprisonment for a maximum period of 5 years.
New Rules for EPR E-waste Management 2022-23: Registration and Compliances
Here are a few important features of the upcoming EPR Registration for E-waste management regulations set to be enforced from April 1st, 2023.
1: Registration for EPR E-Waste in India
Entities falling into the following categories must apply for EPR Registration for E-waste:
- Manufacturers
- Producers
- Recyclers
- Refurbishers
These entities are prohibited from conducting business without obtaining EPR registration. Additionally, they are not permitted to engage with manufacturers, producers, recyclers, or refurbishers who are not registered.
2: Responsibilities and Compliances for E-Waste By Registered Entities in India
The registered entities have specific responsibilities related to e-waste management. Firstly, they must register themselves with the CPCB through the designated portal. In addition to this, the rules outline the following entity-wise responsibilities and EPR compliance requirements for EPR Registration for E-waste.
| Registered Entities | Responsibilities and Compliances |
| Producers |
|
| Manufacturers |
|
| Refurbishers |
|
| Recyclers |
|
| Bulk Consumers |
|
In addition to the aforementioned requirements, the mentioned entities (excluding bulk consumers) must submit annual returns and quarterly returns by the end of the following month, corresponding to the respective year or quarter for which the return is applicable.
Products on Which E-Waste Management Rules Apply
The products subject to EPR Registration for E-waste management rules can be divided into two categories:
a) Consumer Electricals and Electronics
- LED and LCD Television Sets
- Washing Machine
- Refrigerator
- Fluorescent and other Mercury-containing lamps
- Air-Conditioners excluding Centralised Air Conditioning Plants
b) Storage of E-waste
Any manufacturer, producer, recycler, or refurbisher has a limited timeframe of 180 days to store EPR Registration for E-waste. It is mandatory for them to keep a record of any sale, transfer, or storage of e-waste, which must be presented to the appropriate authorities during inspections. However, the Central Pollution Control Board (CPCB) can grant an extension of storage for up to 365 days if the EPR Registration for E-waste requires prolonged storage for the purpose of developing a recycling or reusing process.
c) Extended Producer Responsibility Certificates for E-waste
Producers have a responsibility to fulfil their extended producer obligations outlined in Schedule-III and Schedule-IV. To meet these obligations, they must purchase certificates from registered recyclers through online channels. These certificates are then submitted electronically through quarterly returns. The Central Pollution Control Board (CPCB) will generate these certificates in favor of either the recycler or refurbisher.
- Recycler: For recyclers, the certificates will be generated by the CPCB through the online portal. These certificates will be available in denominations such as 100, 200, 500 kgs, etc., as determined by the CPCB. The quantity for the certificates will be calculated using the following formula:
Quantity of Extended Producer Responsibility (QEPR) = Quantity of e-waste processed (QP) x Conversion factor (Cf)
Where,
- QEPR = Eligible quantity for the generation of the certificate
- QP = Quantity of the end product
- Cf = Conversion factor (quantity of inputs required for generating 1 unit of output)
The CPCB will determine the conversion factor. The validity of the certificate will be for a duration of 2 years, starting from the end of the financial year in which the certificate was generated.
- Refurbishers: Refurbishers must also complete the registration process on the online portal. Producers can defer their extended producer responsibility (EPR) by purchasing certificates from refurbishers, for a period specified by the CPCB based on the quantity of EPR Registration for E-waste involved. This deferred responsibility will be added to the producer’s EPR obligations once the extended lifespan of the refurbished product expires. However, the EPR obligation will only cease after the end-of-life disposal is carried out by a registered recycler, accompanied by the production of an EPR certificate rather than a refurbished certificate.
d) Reduction in Use of Hazardous Substances
The producers of electrical and electronic components, parts, or consumables are responsible for ensuring that these new products do not contain hazardous substances such as Mercury, Lead, Cadmium, Polybrominated Biphenyls (PBBs), Hexavalent Chromium, and Polybrominated Diphenyl Ethers (PBDEs). Specific proportions have been established for these substances, and their concentration must not exceed these proportions. Homogeneous materials like Mercury, Lead, PBBs, and Hexavalent Chromium are allowed to have a maximum concentration value of 0.1% by weight, while homogeneous materials like Cadmium are permitted to have a maximum concentration value of 0.01% by weight.
Meaning of ‘E-waste’
E-waste refers to the waste generated from electrical and electronic equipment (WEEE) that has been discarded after use. This includes solar photovoltaic modules or panels that are wholly or partially rejected as waste during manufacturing and repair processes. According to government data, there are a total of 21 categories of EPR Registration for E-waste.
Types of E-waste
According to the EPR Registration for E-waste Management Act, Schedule 1 outlines the various categories of electrical and electronic equipment, while Schedule 2 provides exemptions to those categories.
- The category of electrical and electronic equipment known as information technology and telecommunication equipment includes minicomputers, mainframes, personal computers, laptop computers, notebook computers, notepad computers, printers (including cartridges), copying machines, e-typewriters, user terminals, facsimile machines, telex machines, telephones, paying telephones, corded and cordless telephones, cellular devices, tablets, phablets, iPads, BTS (excluding tower structures), uninterruptible power supplies (UPS), GPS devices, inverters, modems, electronic data storage devices, and routers.
- The category of electrical and electronic equipment known as information technology and telecommunication equipment includes minicomputers, mainframes, personal computers, laptop computers, notebook computers, notepad computers, printers (including cartridges), copying machines, e-typewriters, user terminals, facsimile machines, telex machines, telephones, paying telephones, corded and cordless telephones, cellular devices, tablets, phablets, iPads, BTS (excluding tower structures), uninterruptible power supplies (UPS), GPS devices, inverters, modems, electronic data storage devices, and routers.
- The category of electrical and electronic equipment, as well as photovoltaic panels, includes television sets, refrigerators, washing machines, air conditioners, fluorescent and mercury-containing lamps, electronic photo frames, monitors, display panels, radio sets, video cameras, recorders, amplifiers, solar panels, photovoltaic panels, cells, lamps (such as pressure sodium lamps and metal halide lamps), low-pressure lamps, light controllers (excluding filament bulbs), and digital cameras.
Changes in E-Waste
The E-Waste (Management) Rules, 2022 have replaced the previous EPR Registration for E-waste (Management) Rules, 2016. Under the new rules, dismantling and recycling units are required to obtain authorisation from the relevant departments. These updated rules came into effect on April 1, 2023.
The most recent regulations have introduced a new Extended Producer Responsibility (EPR) system that will be applicable to all manufacturers, producers, refurbishers, dismantlers, and recyclers of electronic products. Additionally, the range of products covered by these regulations has been expanded significantly. Nitin Gupta, Co-founder & CEO of Attero Recycling, explains, ‘The coverage has expanded from 30 to over 100 products, encompassing virtually every electrical device.’
Under the new regulations, producers are now required to register and will be assigned annual recycling targets ranging from 60% to 80% of the goods they produce or sell. In addition to meeting these targets, producers are also obligated to promote awareness about EPR Registration for E-waste through various channels.
Challenges Induced from E-Waste
According to recent data, EPR Registration for E-waste is deposited in landfills for centuries as it is non-biodegradable. This poses significant challenges for the growth and sustainability of plant and animal life.
EPR Registration for E-waste consists of substances like lead, mercury, cadmium, and other materials that have detrimental effects on the environment and human health. Extracting these metals from e-waste involves various laboratory procedures, including biotechnology and physicochemical processes, to restore the metals to their original state.
Despite this, a significant number of people remain unaware of the adverse effects of EPR Registration for E-waste on both humans and animals, as well as the proper management practices for handling it.
The enforcement of the Extended Producer Responsibility (EPR) mandate, as established by the E-waste Management Rules of 2016, has been lacking in effective implementation.
E-waste Management Frameworks and Regulations
The introduction of the Extended Producer Responsibility (EPR) was a significant aspect of the EPR Registration for E-waste management rules that were enacted into law in 2011. The EPR framework holds producers and manufacturers of electronic products responsible for the proper management of EPR Registration for E-waste.
Furthermore, to enhance the accountability of Extended Producer Responsibility (EPR), the 2016 e-waste management rules were enacted, building upon the foundation of the 2011 rules. The introduction of the term ‘Producer Responsibility Organisation (PRO)’ was another notable development. Consequently, the EPR obligations for accepting waste electronic products at the end of their lifespan have become more stringent.
E-Waste Management Amendment 2024
The Ministry of Environment, Forest and Climate Change (MoEFCC) has recently released the EPR Registration for E-waste (Management) Amendment Rules, 2023, on January 30th, 2023. These rules aim to modify the existing E-Waste (Management) Rules, 2022. Under the new amendment, producers are required to provide detailed information regarding the constituents of their equipment, including components, consumables, parts, or spares. This information must conform to the provisions for reducing hazardous substances and should be provided to the Central Pollution Control Board (CPCB) upon their request. Previously, this information had to be included in the product user documentation, but this requirement has been removed, and producers now have to furnish the information as and when requested by the CPCB. Furthermore, the amendment includes two additional substances in the exemptions outlined in Schedule II of the EPR Registration for E-waste (Management) Rules, 2022: Cadmium and lead in solar panels/cells, solar photovoltaic panels/cells/modules, and lead in medical devices (except for implanted and infected products).
The Solar Photovoltaic Panels Management
Manufacturers of solar photovoltaic modules are required to complete the registration process on the designated portal. Additionally, they must adhere to CPCB regulations regarding the storage of solar photovoltaic panels, submit annual returns, list inventories of solar photovoltaic panels on the portal, and ensure the recycling and recovery of solar photovoltaic panels in accordance with CPCB regulations.
Producers are obligated to comply with the Extended Producer Responsibility (EPR) obligations outlined in Schedules 2 and 4. These obligations may involve engaging third-party entities such as producer responsibility organisations, dealers, collection agencies, and others. It is important to note that the responsibility for EPR lies solely with the producer.
Responsibility for EPR Registration for E-waste
Extended producer responsibility (EPR) emphasises the accountability of producers for the environmental and health impacts of their products in the post-consumption stage of their life cycle. This approach incentivises producers to design products that have minimal negative effects. In various European and international contexts, an important measure has been the expansion of producer responsibility to include the proper treatment of products at the end of their life cycle.
Extended Producers Responsibility (EPR) Registration Process
EPR Registration for E-waste recyclers are required to register with the CPCB and provide information about the quantity of waste they intend to recycle. During the certification process, the CPCB will determine the approved quantity for the registered recycler based on the equation Q(EPR) = Qp X CF.
During the certification process, the Eligible Quantity for the Recycler (Q EPR) is determined. QP represents the quantity of the end product, and CF denotes the conversion factor, which is the input required for producing one unit of the output.
Validity
The certification issued upon registration will remain valid for a duration of two years, starting from the end of the fiscal year. The certification number must adhere to the permissible denomination set by the CPCB, which can be 100, 200, 500, or 1000 kg. The determination of the specific denomination is at the discretion of the CPCC.
Registration of Refurbished
Refurbishing of e-waste necessitates the registration of refurbishers on the CPCB portal. Refurbishers must complete the registration process on the portal to obtain certification. This certification allows producers to defer their extended producer responsibility (EPR) obligations for a specified duration determined by the CPCB, corresponding to the quantity of EPR registration for e-waste involved. Upon the expiration of the extended life of refurbished products, the EPR obligations must be incorporated into the producers’ responsibilities. It is important to note that the fulfilment of EPR obligations after the product’s useful life is accomplished through registered recyclers and the production of extended responsibility certificates, not through refurbishing certificates.
Term of Storage of E-waste
Producers, manufacturers, refurbishers, and recyclers are allowed to store EPR registration for e-waste for a maximum period of 180 days, as specified in their record books that document all storage and transaction details. The Central Pollution Control Board (CPCB) has the authority to extend the storage duration up to 365 days in specific cases such as for recycling or reuse purposes.
Why is India Having Trouble Implementing EPR?
Implementing EPR in India presents numerous challenges due to the vast size of the country and the significant volume of waste involved.
Governance Challenges
The efforts made by the Central Pollution Control Board (CPCB) towards EPR implementation have been praiseworthy. However, the task of aligning the entire nation with the EPR scheme is a formidable challenge. The guidelines and regulations lack clear definition in certain aspects.
Role & Responsibilities of Producers, Importers & Brand Owners (PIBOs)
Implementing EPR nationwide is a complex task due to the diverse landscapes and varying waste management hierarchies across different regions. Furthermore, policymakers face the challenge of diligently monitoring and refining the rules and guidelines to address any loopholes that may arise.
-
Too Many Players
According to Dr. Marco Buletti from the Federal Office for the Environment (FOEN) in Switzerland, it is crucial to maintain continuous dialogue with stakeholders and ensure their roles in the system are adaptable. Unclear and overlapping responsibilities among stakeholders can lead to confusion throughout the system’s hierarchy.
-
Accurate Data
Accurate measurement of the waste generated in India is lacking, leading to additional challenges in EPR implementation. This, in turn, gives rise to various obstacles concerning administration, infrastructure, policies, and other areas. EPR registration for e-waste serves as an example of such challenges.
Insufficient data is available regarding the specific types of EPR registration for e-waste generated and imported into the country. There is a lack of waste inventory maintained by the State Pollution Control Boards (SPCBs) and Urban Local Bodies (ULBs). The flow of e-waste remains unknown. From an implementation standpoint, the most significant challenge lies in effectively monitoring the data provided by Primary Implementing Bodies (PIBOs), Producer Responsibility Organisations (PROs), and other stakeholders. While the establishment of a National registry by CPCB is a positive step, ensuring the accuracy and reliability of the data poses a challenging task.
-
Lack of Enforcement Means
Implementing and monitoring Extended Producer Responsibility (EPR) in a vast and densely populated country like India presents inherent challenges. It involves not only monitoring but also enforcing the rules, imposing sanctions, and maintaining control. Despite the establishment of a robust and stringent implementation and monitoring system, the risk of non-compliance from various stakeholders persists. Ultimately, the effective implementation of EPR relies on the collective participation and collaboration of all stakeholders.
-
Informal Sector Manages More than 90% of the Waste
The implementation of Extended Producer Responsibility (EPR) would be ineffective without the proper recognition and formalisation of the informal sector. Despite being significantly underutilised, this sector holds immense potential for integration into the system. In India, there are approximately 2.5-4,00,000 waste collectors, and around 1-2% of the urban population actively participates in the recycling sector. Acknowledging and incorporating the informal sector into the EPR framework would enhance its efficiency and effectiveness.
Integrating this sector with mainstream waste generators and recyclers is crucial. It is essential for the sector to collaborate with the latest technological advancements in waste management for effective operations.
Implementation EPR Challenges
-
Type & Segregation of waste
There is a lack of awareness among consumers regarding the nature of waste, such as EPR registration for e-waste, and its potential environmental toxicity if not disposed of properly.
The absence of source segregation poses a significant challenge for local authorities and places a burden on waste collectors for the segregation process. Furthermore, inadequate segregation practices impede the efforts of PIBOs in effectively implementing their EPR-related programs.
-
Inadequate Infrastructure
The informal sector, despite its limited infrastructure, is responsible for recycling a significant portion of the generated waste. In contrast, waste disposal, collection, processing, and recycling facilities in each ULB suffer from understaffing and inadequate infrastructure. Furthermore, the insufficient infrastructure increases the likelihood of waste leakages within the system.
‘Poor logistics which are complicated by the geographic variations’ – Deepali Sinha Khetriwal
The awareness initiatives by ULBs and brands regarding efficient waste management are not being effectively implemented by consumers.
-
Gaps in the System
There is a notable disconnect between recyclers, aggregators, and waste generators, as well as between government authorities and PIBOs in their respective jurisdictions. To enhance the efficiency of waste management in India, there is an urgent requirement to digitise the process and establish streamlined channels for waste disposal.
-
Challenges for PROs
Looking from the perspective of a PRO, it is essential to clearly define the roles and responsibilities of various stakeholders involved, such as national and local authorities, PIBOs, recyclers, PROs, consumers, and the informal sector.
The implementation of EPR in the European Union has shed light on important aspects that provide valuable insights into the challenges faced in India, particularly from the perspective of a PRO.
- Gaining a comprehensive understanding of the guidelines and regulations
- Collaborating with local authorities to implement an effective waste management system
- Developing efficient, transparent, traceable, and reliable data for evaluating and monitoring the effectiveness of the scheme
- Addressing the issue of free-riding, where PIBOs fail to provide accurate data on their products, resulting in inconsistencies in the collected data and processed waste
- To overcome this challenge, Austria introduced a two-tier audit system that ensured maximum transparency in data collection and monitoring. The system involved auditing the PROs, who, in turn, were responsible for auditing the PIBOs.
Ultimately, the aforementioned challenges with EPR implementation are applicable across the entire country. In light of this, what are the potential solutions to address these challenges?
- Enhancing data collection and monitoring procedures
- Implementing digital solutions for streamlining the process
- Encouraging active and voluntary engagement from essential stakeholders including Producers, Brands, Importers, Recyclers, PROs, Government Authorities, and others.
- Ensuring the implementation process is adaptable and allows for evolution.
Below is a copy of the permissions/licences granted by the relevant ministry or department to advertise certain items or do business:
- TIN specifics
- PAN specifics
- Copy of the IEC for incorporation in the case of importers
- The framework for the Self-declaration of RoHS compliance
- In the event of producers who were active in the nation before January 10, 2016, the copy of the authorisation issued by the SPCBs/PCCs earlier under the EPR Registration for E-waste (Management & Handling) Rules, 2011.
the specifics of suggested awareness campaigns and related projects
- Copies of the contract with dealers, recycling facilities, dismantling facilities, treatment, storage, disposal facilities (TSDFs), etc.
- The documents envisioned in sections of the EPR plan
- Estimated financial resources allocated for Extended Producer Responsibility (EPR)
Conclusion
The Extended Producers’ Responsibility (EPR) policies in India need to be modified to understand better the Producers, Importers, and Brand Owners, particularly the confusion that arises during the EPR Application process. However, the main requirement is to fill knowledge gaps in the public regarding environmental degradation, the dangers of EPR registration for e-waste, and the producers’ responsibility. This policy has been put into place in numerous nations where it has proven helpful; for instance, Europe has surpassed its collection goals, setting a great example for nations like India. Experts from Vakilsearch can address your questions in-depth regarding The Extended Producers’ Responsibility (EPR) policies in India.
