Professional Guidance for E-Waste Post Compliance
India’s EPR-related legislation identifies the entities that introduce a commodity into the market as a producer.
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E-Waste EPR Post Compliance
The recently notified draft of E-waste Management Rules,2022 focuses heavily on the Post Compliance aspect of Extended Producer Responsibility (EPR)after the authorisation has been granted. The changes mentioned under E-waste EPR Post Compliance are likely to come into effect in August 2022. CPCB and SPCB/PCC already had the power to monitor the post-compliance by the Producers, Importers and Brand Owners (PIBO) of Electrical and Electronic Equipment (EEE).
PIBO-specific E-waste EPR post-compliance guidelines are issued at the time of authorising them by the CPCB. But when these new guidelines come into force, the PIBOs must ensure that at least 60% of their electronic waste is collected and recycled by 2023. Also, the targets will increase to 70% and 80% in 2024 and 2025, respectively. Therefore, a strong track record for E- waste EPR Post compliance will be needed in future. A Steering Committee will oversee the overall monitoring, implementation, and supervision of the regulations.
The EPR authorisation holder for e-waste will have to make necessary changes to ensure the following :-
- Only authorised recyclers and PRO handle the e-waste.
- The product manufactured is RoHS compliant.
- Producers set up e-waste exchange facilities to facilitate collection and recycling and assign specific responsibility to bulk consumers of electronic products.
- Awareness programs are being implemented.
- Proper records of e-waste sale and Purchase, collection, dismantling etc., as per Form 2 are being maintained.
Importance of EPR Post Compliance
Rules and guidelines issued by the CPCB are ways to channelise e-waste for recycling and scientific disposal, ensuring that no harm is done to the environment, which will benefit both the consumers and the PIBOs. In addition to the above, the 2022 draft notification has introduced some additional responsibilities mentioned under E-waste EPR Post Compliance. PIBO will now need to register themselves on a portal created by the CPCB. This is done so that an online register of entities that have been granted EPR Authorisation, along with conditions imposed on them, is created and is accessible to any citizen of the country. PIBOs must obtain and implement EPR targets as per Schedule III through this portal. PIBOs must also file annual and quarterly returns on the portal on or before the end of the month succeeding the quarter/year to which the return relates.
Checks implemented to monitor E-waste EPR Post Compliance
Application for the renewal of EPR Authorisation for e-waste is made to the CPCB. The CPCB renews authorisation after receiving a compliance report from the concerned SPCB. This will be done after examining the SPCB’s report on the post-compliance by the PIBO. Therefore, PIBO must ensure that there is no report of violations of the provisions of the Environment (Protection) Act, 18986, E-waste Management Rules 2016, their amendments or any post-compliance conditions in their EPR Authorisation. Apart from this, CPCB conducts random checks, too, for EPR post-compliance. If an authorisation holder violates the abovementioned provisions above, CPCB will cancel or suspend the EPR authorization because of public interest and safety.
Documents to be maintained for E-waste EPR Post Compliance
The documents needed to be maintained by an EPR authorisation holder for post-compliance requirements are :-
- Details of the authorised collectors, dismantlers and recyclers, PRO and any changes to this have to be notified to the concerned SPCB (as applicable)
- Quantity of products placed in the market
- Valid Indian Standard Institute Mark License / Common Reporting Standard Certificate
- List of collection centres
- RoHS self-Declaration
- Documents for CPCB certifications
- Sale and purchase records
- General scheme of the collection
- Details of imported products like EEE code, quantity imported etc.
- Website information and toll-free number.
- Copy of agreement with dealers, collection centre, recyclers, treatment storage and disposal facilities
POST COMPLIANCE SECTION
Filing of Necessary Documents | Scrutiny by CPCB and SPCB | Renewal of EPR Authorisation |
Filing quarterly and annual returns, reporting details of e-waste handled and other records to the CPCB and other documents specific to the entity holding the EPR authorisation. | Tracking of activities in addition to conducting random physical | Renewal of EPR Authorisation before its expiry date to ensure that the business operates promptly. |
Action Plan Framework
Although the EPR action plan is submitted to the CPCB at the time of authorisation by the PIBOs (operating in more than two states), the status of EPR targets needs to be continuously monitored by the authorised holder of EPR. Recent amendments have made the monitoring mechanisms more detail-oriented.
Centralized Online Portal
The government has also called for establishing a centralised online portal by the Central Pollution Control Board (CPCB) to register and file annual returns by producers, importers and brand owners. The portal, once developed, will act as the single-point data repository for post-compliance rules, orders and guidelines related to the implementation of EPR for waste processing, including e-waste. SPCB/PCC has also been roped into post compliance monitoring as they have been tasked with submitting an annual report on the EPR portal to the CPCB for the fulfilment of mandatory EPR by PIBOs and Plastic Waste Processors
Cancellation of EPR Authorisation for E-waste Management
The EPR authorisation received from the CPCB is valid for five years. An application for Renewal of EPR Authorisation is made within 60 days of the expiry of the authorisation. But at any stage during the operation, if the CPCB or the concerned SPCB finds that the authorised entity is not complying with the provisions, guidelines or amendments in the E-waste
(Management) Rules, 2016, their EPR authorisation can be cancelled by the CPCB
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