E- Waste Management Rules amended [Key Highlights]

The Central Government has, in exercise of powers confirmed by Sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), has notified the E- Waste (Management) Amendment Rules, 2018 to amend the E-waste (Management) Rules, 2016, w.e.f. 22-03-2018. These amendment have been done in a move to facilitate and effectively implement the environmentally sound management of e-waste in India with the objective of channelizing the E-waste generated in the country towards authorized dismantlers and recyclers in order to formalize the e-waste recycling sector. The collection targets under the provision of Extended Producer Responsibility (EPR) in the Rules have been revised and targets have been introduced for new producers who have started their sales operations recently.

Some of the salient features of the Amendment Rules are

  • The e-waste collection targets under EPR have been revised w.e.f 01-10-2017. The phasewise collection targets for e-waste in weight shall be 10% of the quantity of waste generation as indicated in the EPR Plan during 2017-18, with a 10% increase every year until 2023. After 2023 onwards, the target has been made 70% of the quantity of waste generation as indicated in the EPR Plan.
  • The quantity of e-waste collected by producers from the 01-10-2016 to 30-09-2017 shall be accounted for in the revised EPR targets until March 2018.
  • Separate e-waste collection targets have been drafted for new producers, i.e. those producers whose number of years of sales operation is less than the average lives of their products. The average lives of the products will be as per the guidelines issued by CPCB from time to time.
  • Producer Responsibility Organizations (PROs) shall apply to the Central Pollution Control board (CPCB) for registration to undertake activities prescribed in the Rules.
  • Under the Reduction of Hazardous Substances (RoHS) provisions, cost for sampling and testing shall be borne by the government for conducting the RoHS test. If the product does not comply with RoHS provisions, then the cost of the test will be borne by the producers.

[Key Highlights] of the changes made in the E-waste (Management) Rules, 2016 are as follows :-

1. In Rule 5, in sub-rule (1) after clause (g), the following clause shall be inserted, namely —

(h) The provisions of Rule 5 shall apply to producers who have placed any goods in the market in the current financial year and the targets for the extended producer responsibility plan shall be as per clause (ii) of sub-rule (1) of rule 13 and Schedule III.”;

2. In Rule 13, in sub-rule (1), after clause (xi), the following clauses shall be inserted, namely —

(xii) In case the producer has started sale recently i.e. number of years of sales operations is less than average life of their product, the Extended Producer Responsibility target shall be applicable as per Schedule- III (A) and these targets applicable from financial year 2018-2019 and once the product achieves its average life as fixed by the Central Pollution Control Board, the collection target shall be revised as per Schedule III.

(xiii) The e-waste already collected by producers as per Schedule III(A) in earlier years will be accounted for and the eligible set offs shall be provided for the corresponding years at the time of fixation of targets as per Schedule-III.

(xiv) The revised Extended Producer Responsibility targets shall be applicable from the 01-10-2017 as per Schedule III.

(xv) The quantity of e-waste collected by producers under Extended Producer Responsibility from the 01-10-2016 to 30-09-2017 shall be accounted for in the revised Extended Producer Responsibility targets as per Schedule III until March 2018 only.

(xvi) In case of transfer or sale of assets by the producers the liability under Extended Producer Responsibility shall also be transferred to the buyer.

(xvii) A Producer Responsibility Organisation shall apply to the Central Pollution Control Board for registration to undertake the activities prescribed for Producer Responsibility Organisations under these Rules.”

3. In Rule 13, in sub-rule (4), in clause (i), for the words “grant or renewal of authorisation”, the words, “grant of authorisation” shall be substituted.

4. In Rule 16, for sub-rules (9) and (10), the following sub-rules shall be substituted, namely —

(9) The Central Pollution Control Board may conduct random sampling of electrical and electronic equipment placed in the market to monitor and verify the compliance of Reduction of Hazardous Substances provisions and the cost for sampling and testing shall be borne by the Government for conducting the Reduction of Hazardous Substances test and the procedure of random sampling and permissible error value of Reduction of Hazardous Substances test shall be as per the guidelines of the Central Pollution Control Board.

(10) If the product does not comply with the Reduction of Hazardous Substances provisions, then the cost of the Reduction of Hazardous Substances test will be borne by the Producer and in addition, the Producer shall take corrective measures to bring the product into compliance and withdraw or recall the product from the market within a reasonable period as per the guidelines of the Central Pollution Control Board.”

5. In Rule 21, for sub-rule (2), the following sub-rule (2) shall be substituted namely —

(2) The manufacturer, producer, importer, transporter, refurbisher, dismantler and recycler shall be liable to pay financial penalties as levied under the Provisions of the Environment (Protection) Act, 1986 and rules made thereunder for any violation of the provisions under these rules by the State Pollution Control Boards with the prior approval of the Central Pollution Control Board in accordance with the guidelines published by the Central Pollution Control Board.”

6. In Rule 22, for sub-rule (1), the following sub-rule shall be substituted, namely —

(1) (a) Any person aggrieved by an order of suspension or cancellation or refusal of authorisation or its renewal passed by the Central Pollution Control Board may, within a period of thirty days from the date on which the order is communicated to him, prefer an appeal in Form 7 to the Appellate Authority i.e. the Secretary or nominee of Secretary, Ministry of Environment, Forest and Climate Change, Government of India, New Delhi against the order of the Central Pollution Control Board.

(b) Any person aggrieved by an order of suspension or cancellation or refusal of authorisation or its renewal passed by the State Pollution Control Boards or Committees may, within a period of thirty days from the date on which the order is communicated to him, prefer an appeal in Form 7 to the Appellate Authority i.e. the Secretary (Environment) of the State Government /Union Territory administration against the order of State Pollution Control Boards or Committees.

7. For Rule 23, the following rule shall be substituted, namely —

23. The collection, storage, transportation, segregation, refurbishment, dismantling, recycling and disposal of e-waste shall be in accordance with the guidelines published by the Central Pollution Control Board.”

8. In Form I, for item 4, the following item shall be substituted, namely —

“Details of electrical and electronic equipment placed in market year-wise for the period equivalent to its average end-of-life as mentioned in the guidelines issued by the Central Pollution Control Board from time to time (as per the form of Table 1 given below):”

9. In Form I, in item 9, for entry (b), the following entry shall be substituted, namely —

(b) Provide the declaration with regard to technical documents maintained by them in support of Reduction of Hazardous Substances compliance as specified in the guidelines issued by the Central Pollution Control Board from time to time;”;

10. In Form-3, for the heading the following heading shall be substituted, namely —

“Quantity in Metric Tonnes (MT)”.

 Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i), vide number GSR 338 (E), dated the 23rd March, 2016.

[F. No. 12-16/2017-HSMD — G.S.R. 261(E)]

Ministry of Environment, Forest and Climate Change

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