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Implementation experience of current Indian Legislation - E-Waste (Management) Rules, 2016

By:

Anand Kumar

Additional Director

Central Pollution Control Board

27-11-2019

Electronic Waste Policy Awareness Workshop

Content of Presentation

Regulations & Objectives

Management – Strategy

Responsibilities

Implementation Scenario

Extended Producer Responsibility (EPR) in India

Challenges in enforcement

Enforcement Strategy

Environment (Protection) Act, 1986

E- Waste (Management & Handling) Rules, 2011 notified on 12-05-2011and were effective from 1st May, 2012.

E-Waste (Management) Rules, 2016 notified on 23.03.2016 supersedingE-Waste (Management & Handling) Rules, 2011. The Rules were effectivefrom 01-10-2016.

The 2016 rules were further amended in March 2018.

Regulations on E-Waste Management

Objective of the E-Waste (Management) Rules

Environmentally Sound Management of E-Waste

Taking all steps required to ensure that e-waste is managed in a manner whichshall protect health and environment against any adverse effects, which may resultfrom such e-waste

Specific Objectives:

To implement Extended Producer Responsibility.

To promote and encourage establishment of an efficient e-waste collection

mechanism

To Promote Environmentally Safe & Sound Recycling by channelizing E-waste to

authorized dismantlers and recyclers of e-waste

To minimize illegal recycling / recovery operations

To reduce Hazardous substances in Electrical and Electronic components

Management Strategy

Responsibility of collection and channelisation of e-waste on the producers of EEEthrough the provisions of Extended Producer Responsibility (EPR).

The producers are required to have arrangements with authorised dismantlers/recyclerseither individually or collectively or through a Producer Responsibility Organisation (PRO)as mentioned in their EPR Plan approved by Central Pollution Control Board (CPCB) andenclosed in their EPR Authorisation (EPRA)

Under EPRA, product code wise annual collection targets of e-waste have been assignedto producers. The quantum of targets are as per schedule III and schedule III A of theabove said rules.

Extended Producer Responsibility (EPR) – Responsibility of Producers for collection andchannelisation of their products at post consumer stage of its life cycle

continued

Collection Targets as per Schedule III w.e.f 01-10-2017 (based on generation) FY 2017-18 - 10% of e-waste generation FY 2018-19 - 20% - do FY 2019-20 - 30% - do - FY 2020-21 - 40% - do - FY 2021-22 - 50% - do - FY 2022-23 - 60% - do – April 2023 onwards - 70% - do

Collection Targets as per Schedule III A w.e.f 01-04-2018 (based on sales)

FY 2018-19 - 5% of sales figure of FY 2016-17 FY 2019-20 - 5% - do - FY 2017-18 FY 2020-21 - 10% - do - FY 2018-19 FY 2021-22 - 10% - do - FY 2019-20 FY 2022-23 - 15% - do - FY 2020-21 FY 2023-24 - 15% - do - FY2021-22 FY 2024-25 - 20% -do- FY 2022-23 FY 2025 onwards - 20% sales figure of year preceding the previous year

Collection Targets

Ministry of Environment, Forest and Climate Change, GoI

Framing of policies related to management of e-waste in the country

State Government

To ensure earmarking or allocation of industrial space or shed for e-waste dismantling and

recycling in the existing and upcoming industrial park, estate and industrial clusters;

To ensure recognition and registration of workers involved in dismantling and recycling;

To assist formation of groups of such workers to facilitate setting up dismantling facilities;

To undertake industrial skill development activities for the workers involved in dismantling and

recycling;

To undertake annual monitoring and to ensure safety & health of workers involved in dismantling

and recycling;

To prepare integrated plan for effective implementation of these provisions

To submit annual report to Ministry of Environment, Forest and Climate Change.

Continued

Responsibilities of Central & State Governments

Responsibilities of CPCB

1. To grant and renew Extended Producer Responsibility - Authorisationand monitoring of its compliance.

2. To set and revise targets for collection of e-waste from time to time.

3. To coordinate with State Pollution Control Boards

4. Preparation of Guidelines for Environmentally Sound Management of E-Waste.

5. To conduct random check for ascertaining compliance of the e-wasterules

6. To conduct random inspection of dismantler /recycler /refurbisher

Contd------

7. To take actions against violation of these rules.

8. To conduct training programmes

9. To submit Annual Report to the MoEF & CC

10.To Enforce of provisions of RoHS and to interact with IT industries forreducing hazardous substances and set and revise targets for complianceof RoHS from time to time

11.To Maintain information on Extended Producer Responsibility -Authorisation on its web site.

12.Any other functions delegated by the Ministry from time to time.

Responsibilities of CPCB

1. To carry out inventorisation of e-waste.

2. To grant authorisation to manufacturers, dismantlers, recyclers and refurbishers.

3. To monitor compliance of EPR - Authorisation as directed by CPCB and that of dismantlers or recyclers or refurbishers authorisation.

4. To conduct random inspection of dismantlers or recyclers or refurbishers.

5. To take action against violations of these rules.

Conti……

Responsibilities of State Pollution Control Board

Responsibilities

Producers – have to obtain EPR Authorisation and manage theirresponsibilities as assigned under the Authorisation and creatingawareness.

Dismantler, Recycler, Manufacturer and Refurbisher - have to obtainauthorisation and maintain records of e-waste handled and file annualreturns to SPCB

Dealer - To collect e-waste by providing the consumer a box, bin or ademarcated area to deposit e-waste and to send the e-waste so collected tocollection centre or dismantler or recycler as designated by producer if partof reverse logistics of the producer

Responsibilities

Consumer or Bulk consumer

To ensure that e-waste generated by them is channelized to authorised dismantler/recycler;

Bulk Consumers to file annual returns

Collection Centre

To collect e-waste on behalf of producer or dismantler or recycler or refurbisher

To ensure that the facilities are in accordance with the CPCB’s guidelines To maintain records of the e-waste handled

continued

Urban Local Bodies (Municipal Committee or Council or Corporation) To ensure that e-waste if found to be mixed with Municipal Solid Waste is properly

segregated, collected and is channelized to authorised dismantler/recycler.

To ensure that e-waste pertaining to orphan products is collected and channelized to authorised dismantler/recycler.

Port authority under Indian Ports Act, 1908 (15 of 1908) and Customs Authority under the Customs Act, 1962 (52 of 1962) Verify the Extended Producer Responsibility – Authorisation

Inform Central Pollution Control Board of any illegal traffic for necessary action

Take action against importer for violations under the Indian Ports Act, 1908/Customs Act, 1962.

Responsibilities

Implementation Scenario

Particulars 2011 Rules 2016 Rules(2017 – 18)

2016 Rules(2018-19)

Number of Authorised Producers 153 244 1168

Collection Targets (Metrictonnes)

Not Applicable 35,422.25 1,54,242.7371

E-waste Channelised under EPR Not Applicable 25,325.28 78280.995

Number of RegisteredDismantler / Recycler (capacityin tonnes)

178(4,38,086)

275(5,10,950.1)

312(7,82,080. 62)

Quantity of E-Waste Dismantled /recycled in tonnes(No of SPCBs reported)

23330.3(11)

69413.619(18)

Under compilation

Number of Authorized Producers 1454

Number of Registered PRO 33

2011 Rules – collection centres were required to take separate authorisation – 159 such authorised centres

Pan India EPR Authorization for Producers from CPCB

EPR authorisation is mandatory and has to be obtained by allthe producers including importers, e-retailers/on-line sellers/e-bay etc. of EEE covered in E-Waste (Management) Rules, 2016.

Selling or placing of EEE in the market by any producer withoutEPR Authorisation is considered as causing damage to theenvironment, which would attract penal provisions under E (P)Act, 1986

continued


The producers are required to have arrangements with authoriseddismantlers/recyclers either individually or collectively or through a ProducerResponsibility Organisation (PRO) or E-Waste Exchange system as spelt in theirEPR Plan

EPR Plan is an implementation plan of the producer where the producer gives itsoverall scheme to fulfil its Extended Producer Responsibility including meetingcollection targets

The EPR plan requires estimating the quantity of E-waste generated from their end-of-life products, outlining a scheme for collection and channelization of their end-of-life products or products with same EEE code to authoriseddismantlers/recyclers, estimated budget for implementing EPR, outline the schemeof creating awareness, declaration on ROHS compliance

continued


Challenges in enforcement

1. Non availability of reliable inventory of E-Waste – Available information are estimates only

2. Identification of Producers who have not obtained EPR Authorisation;

3. Verification of collection mechanism and compliances of stakeholders;

4. Informal collection and unscientific recycling of e-waste

5. Awareness among consumers/bulk consumers

6. Monitoring of activities of authorized Dismantler/Recyclers by SPCBs/PCCs

Monitoring of Recyclers-dismantlers required for i. Environmental Sound Technology ii. Extended Producer Responsibility

4. Strict surveillance by SPCBs on unauthorized Producers

Enforcement Strategy

Action Plan with specific activities along with parameters and methodology is in place

Stakeholders responsible for implementation clearly defined

Progress review portal for reviewing progress/ status of implementation of the action plan by SPCBs/PCCs.

Quarterly Reporting

A comprehensive software based E-waste management system is under development

THANKS

Action Plan for enforcement of E-waste Rules

S.No. Activities Stakeholder responsible for implementation

Action

a Verification of quantity ofe-waste collected byproducers

CPCB/SPCBs/PCCs This is a continuous activity.Quarterly verification byCPCB/SPCBs

b Verification of systemsprovided by producers forcollection andchannelisation of e-waste

CPCB/SPCBs/PCCs This is a continuous activity.Quarterly verification byCPCB/SPCBs

c Verification of facilities ofdismantlers and recyclersfor their infrastructure andrecords

SPCBs/PCCs/CPCB This is a continuous activity.Yearly verification byCPCB/SPCBs

d

Checking of informaltrading, dismantling, andrecycling of e-waste

SPCBs/PCCs/DistrictAdministration

SPCBs/PCCs in coordinationwith District Administration hasto carry out quarterly drive forchecking of this activity.

e

Facilitate collection anddisposal of e-waste

SPCBs/PCCs/DistrictAdministration/ CPCB

State Government to formulatemechanism for collection andfor incentivising setting up ofrecycling facilities.

f Governance frame workfor monitoringcompliance

SPCBs/PCCs/DistrictAdministration /CPCB

Monitoring to be ensured atcity/district and state levels forwhich nodal officers (stateenvironmental secretary, districtcollector, CMD/Commissioners)to be designated.

Action Plan for enforcement of E-waste RulesS.No. Activities Stakeholder

responsible for implementation

Action

g Capacity building atdistrict/State/CPCB level


Special workshops to educatefunctionaries in government / NGOsbe run over one year

h

IEC plan be firmed up andexecuted


State Government to firm up IEC planfor educating public at large aboutthe system of collection, incentivestructure and facilities for recycling.The IEC Plan to be executed over oneyear.

i

Strengthening system ofmonitoring


Quarterly review of violations andenforcement actions atcity/district/state level and quarterlyreports to be filed with CPCB

S.No. Activities Stakeholder responsible for implementation

Action

Action Plan for enforcement of E-waste Rules

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