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TMI BlogImplementation of E-Waste (Management) Rules, 2022 in supersession of E-Waste (Management) Rules, 2016X X X X Extracts X X X X X X X X Extracts X X X X ..... persession of E-Waste (Management) Rules, 2016 vide notification dated 02.11.2022 (Copy enclosed) and these shall come in to force from 01.04.2023. New rules have introduced the concept of a modified Extended Producer Responsibility (EPR) and focus completely on a market based model and for procedures to be online and seamless. 3. It is also stated that Port and Custom Authorities have to take necessary action inter-alia to verify the import or export with respect to Extended Producer Responsibility, to Inform the Ministry and Central Pollution Control Board of any illegal traffic and take action against importer for violations under the Indian Ports Act, 1908 or the Customs Act, 1962. The duties and responsibilities of Port and Customs are prescribed in Schedule-V of the said rules. 4. It is requested that necessary action may be taken to sensitize officers under your jurisdiction about the duties and responsibilities cast upon them under these rules. 5. The difficulties, if any, in the implementation of this Instruction may be brought to the notice of the Board. 6. Hindi version follows. Encl: as above Yours faithfully, (Manish Kumar Choudhary) Under Secretary (Cus. IV) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the period of sixty days from the date on which copies of the Gazette containing the said notification were made available to the public; AND WHEREAS, the copies of the Gazette containing the said notification were made available to the public on the 19th day of May, 2022; AND WHEREAS, the objections and suggestions received from the public in respect of the said draft notification within the said period have been duly considered by the Central Government; NOW, THEREFORE, in exercise of the powers conferred by Sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986, and in supersession of the E-waste (Management) Rules, 2016, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely :- CHAPTER I PRELIMINARY 1. Short title and commencement. - (1) These rules may be called the E-Waste (Management) Rules, 2022. (2) They shall come into force from the 1st day of April, 2023. 2. Application. - These rules shall apply to every manufacturer, producer refurbisher, dismantler and recycler involved in ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (i) 'environmentally sound management of e-waste' means taking all steps required to ensure that e-waste is managed in a manner which shall protect health and environment against any adverse effects, which may result from such e-waste; (j) 'electrical and electronic equipment' means equipment which are dependent on electric current or electro-magnetic field in order to become functional and also the equipment for the generation, transfer and measurements of the electricity; (k) 'e-retailer' means an individual or company or business entity that uses an electronic network such as internet, social media, telephone or any other media, to sell its goods; (l) '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 rejects from manufacturing, refurbishment and repair processes; (m) 'extended producer responsibility' means responsibility of any producer of electrical or electronic equipment as given in Schedule-I for meeting recycling targets as per Schedule-III and Schedule-IV, only through registered recyclers of e-waste to ensure environmentally sound management of such waste; (n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n this regard; (v) 'refurbisher' means any person or entity repairing or assembling used electrical and electronic equipment as listed in Schedule-I for extending its working life over its originally intended life and for same use as originally intended, and selling the same in the market; (w) 'Schedule' means the Schedule appended to these rules; (x) 'spares' means a part or a sub-assembly or assembly for substitution which is ready to replace an identical or similar part or sub-assembly or assembly including a component or an accessory; and (y) 'target' means the quantity of e-waste to be recycled through registered recycler by the producer in fulfilment of extended producer responsibility. (2) Words and expressions used in these rules and not defined but defined in the Act shall have the same meanings as respectively, as assigned to them in the Act. CHAPTER II Extended Producer Responsibility Framework 4. Registration. - (1) The entities shall register on the portal in any of the following category, namely :- (a) manufacturer; (b) producer; (c) refurbisher; or (d) recycler. (2) In case any entity falls in more than one categories under sub-rule (1), then the entity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r year, as the case may be, to which the return relates. 7. Responsibilities of the refurbisher. - All refurbisher shall have to, - (1) register on the portal; (2) collect e-waste generated during the process of refurbishing and hand over the waste to registered recycler and upload information on the portal; (3) ensure that the refurbished equipment shall be as per Compulsory Registration Scheme of the Ministry of Electronics and Information Technology and Standards of Bureau of Indian Standards framed for this purpose; (4) file annual and quarterly returns in the laid down form on the portal on or before the end of the month succeeding the quarter or year, as the case may be, to which the return relates. 8. Responsibilities of bulk consumer. - Bulk consumers of electrical and electronic equipment listed in Schedule I shall ensure that e-waste generated by them shall be handed over only to the registered producer, refurbisher or recycler. 9. Responsibilities of the recycler. - All recycler shall have to, - (1) register on the portal; (2) ensure that the facility and recycling processes are in accordance with the standards or guidelines laid down by the Central Pollution Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... health of workers involved in dismantling and recycling. CHAPTER IV 11. Procedure for storage of e-waste. - Every manufacturer, producer, refurbisher and recycler may store the e-waste for a period not exceeding one hundred and eighty days and shall maintain a record of sale, transfer and storage of e-wastes and make these records available for inspection and the storage of the e-waste shall be done as per the applicable rules or guidelines for the time being in force : Provided that the Central Pollution Control Board may extend the said period up to three hundred and sixty-five days in case the e-waste needs to be specifically stored for development of a process for its recycling or reuse. CHAPTER V 12. Management of solar photo-voltaic modules or panels or cells. - (1) These rules shall be applicable to solar photo-voltaic modules or panels or cells, subject to provisions of this chapter. (2) Every manufacturer and producer of solar photo-voltaic modules or panels or cells shall, - (i) ensure registration on the portal; (ii) store solar photo-voltaic modules or panels or cells waste generated up to the year 2034-35 as per the guidelines laid down by the Central Pollutio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the portal in favour of a registered recycler in the format laid down by it in this regard. (ii) (a) The quantity eligible for generation of extended producer responsibility certificate shall be calculated by the following formula namely : *Qepr = Qp x Cf *the Qepr is the quantity eligible for generation of the certificate, Qp is the quantity of the end product and Cf is the conversion factor (quantity of inputs required for production of one unit of output) (b) Conversion factor Cf for each end product shall be determined by Central Pollution Control Board with the approval of the steering committee. (iii) The validity of the extended producer responsibility certificate shall be two years from the end of the financial year in which it was generated and the expired certificate automatically extinguished after the period unless extinguished earlier as per the provisions of these rules. (iv) Each extended producer responsibility certificate shall have a unique number containing year of generation, code of end product, recycler code and a unique code and the extended producer responsibility certificates shall be in the denominations of 100, 200, 500 and 1000 kg or such other d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... producer purchases extended producer responsibility certificate, it shall be automatically adjusted against its liability and priority in adjustment shall be given to earlier liability and the extended producer responsibility certificate so adjusted shall be automatically extinguished and cancelled. (4) As soon as producer purchases refurbishing certificates its extended producer responsibility liability shall be deferred automatically for the relevant quantity of the product, for the duration as laid down by the Central Pollution Control Board. (5) The availability, requirement and other details of the extended producer responsibility certificate and refurbishing certificates for every producer or recycler or refurbisher shall be made available on the portal. (6) All the transactions under these rules shall be recorded and submitted by the producers or recyclers on the portal at the time of filing of quarterly returns. CHAPTER VII REDUCTION IN THE USE OF HAZARDOUS SUBSTANCES IN THE MANUFACTURE OF ELECTRICAL AND ELECTRONIC EQUIPMENT AND THEIR COMPONENTS OR CONSUMABLES OR PARTS OR SPARES 16. Reduction in the use of hazardous substances in the manufacture of electrical and ele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aced on the market to monitor and verify the compliance of reduction of hazardous substances provisions and the cost for sample and testing shall be borne by the producer and the random sampling shall be as per the guidelines laid down by the Central Pollution Control Board in this regard. (12) If the product does not comply with reduction of hazardous substances provisions, 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 laid down by the Central Pollution Control Board in this regard. (13) The Central Pollution Control Board shall lay down the methods for sampling and analysis of hazardous substances as listed in sub-rule (1) with respect to the items listed in Schedule-I and Schedule-II and also enlist the labs for the said purpose. CHAPTER VIII MISCELLANEOUS 17. Duties of Authorities. - Subject to the other provisions of these rules, the authorities shall perform duties as specified in Schedule-V. 18. Annual Report. - The Central Pollution Control Board shall submit an annual report to the Ministry of Environment, Forest and Climate Change r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bisher, recyclers and any entity which aids or abets the violation of these rules. (4)(i) Payment of environmental compensation shall not absolve the producer from the extended producer responsibility as specified in these rules and the unfulfilled extended producer responsibility for a particular year shall be carried forward to the next year and so on and up to three years. (ii) In case, the shortfall of extended producer responsibility obligation is addressed after one year, 85 per cent of the environmental compensation levied shall be returned to the producer. (iii) In case, the shortfall of extended producer responsibility obligation is addressed after two year, 60 per cent of the environmental compensation levied shall be returned to the producer, and in case, the shortfall of extended producer responsibility obligation is addressed after three year, 30 per cent of the environmental compensation levied shall be returned to the producer, thereafter no environmental compensation shall be returned to the producer. (5) False information resulting in over generation of extended producer responsibility certificates by recycler shall result in revocation of registration and impo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Renewable Energy; (d) one representative of the Ministry of Housing and urban Affairs; (e) a maximum of two representatives of electrical and electronic equipment Producer and Manufacturer Association; (f) a maximum of two representatives of E-Waste Recycler Associations; (g) one representative of State Pollution Control Board or Pollution Control Committee as co-opted by the Chairman of the Steering Committee; (h) Head of the Concerned Division of the Central Pollution Control Board - Member-Convener. (2) The steering committee shall be responsible for overall implementation, monitoring and supervision of these rules and it shall also decide upon the disputes arisen from time to time and on representations received in this regard, and shall refer to the Ministry of Environment, Forest and Climate Change any substantial issue arisen or pertaining to these rules. (3) The steering committee shall review and revise the guidelines or extended producer responsibility target or addition of new Electrical and Electronic Equipment in Schedule I, in view of the technological advancements and other factors with the approval of the Central Government. (4) The Steering Committee sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aires in households CEEW15 High intensity discharge lamps, including pressure sodium lamps and metal halide lamps CEEW16 Low pressure sodium lamps CEEW17 Other lighting or equipment for the purpose of spreading or controlling light excluding filament bulbs CEEW18 Digital camera CEEW19 (iii) Large and Small Electrical and Electronic Equipment Large cooling appliances LSEEW1 Freezers LSEEW2 Other large appliances used for refrigeration, conservation and storage of food LSEEW3 Clothes dryers LSEEW4 Dish Washing Machines LSEEW5 Electric cookers LSEEW6 Electric stoves LSEEW7 Electric hot plates LSEEW8 Microwaves, Microwave Oven LSEEW9 Other large appliances used for cooking and other processing of food LSEEW10 Electric heating appliances LSEEW11 Electric radiators LSEEW12 Other large appliances for heating rooms, beds, seating furniture LSEEW13 Electric fans LSEEW14 Other fanning, exhaust ventilation and conditioning equipment LSEEW15 Vacuum cleaners LSEEW16 Carpet sweepers LSEEW17 Other appliances for cleaning LSEEW18 Appliances used for sewing, knitting, weaving and other processing for textiles LSEEW19 Iron and other appliances for ir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vestigating, probing, treating illness sickness, disease, disorder, affliction, infection, injury, trauma, abuse or disability including the Mobiles, Tablets or any other device with the features having the potential of sex selection and their accessories MDW10 (vii) Laboratory Instruments Gas analyser LIW1 Equipment having electrical and electronic components LIW2 SCHEDULE-II [See Rules 16(3), 16(4), 16(13)] Applications, which are exempted from the requirements of sub-rule (1) of Rule 16 Sl. No. Substance 1. Mercury in single capped (compact) fluorescent lamps not exceeding (perburner) : (a) for general lighting purposes <30 W : 2.5 mg (b) for general lighting purposes ≥ 30 W and <50 W : 3.5mg (c) for general lighting purposes ≥ 50 W and <150 W : 5mg (d) for general lighting purposes ≥150 W : 15 mg (e) for general lighting purposes with circular or square structural shape and tubediameter ≤17 mm : 7mg (f) for special purposes : 5 mg 2.(a) Mercury in double-capped linear fluorescent lamps for general lighting purposes not exceeding (per lamp) : (1) Tri-band phosphor with normal life time and a tube diameter < 9mm (e.g.T2) : 4mg (2) Tri-b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... management for telecommunications (c) Electrical and electronic components containing lead in a glass or ceramic other than dielectric ceramic in capacitors, e.g. piezoelectronic devices, or in aglass or ceramic matrix compound. (d) Lead in dielectric ceramic in capacitors for a rated voltage of 125 V AC or 250 V DC or higher (e) Lead in dielectric ceramic in capacitors for a rated voltage of less than 125V AC or 250 V DC 8.(a) Cadmium and its compounds in one shot pellet type thermal cut-offs (b) Cadmium and its compounds in electrical contracts 9. Hexavalent chromium as an anticorrosion agent of the carbon steel cooling system in absorption refrigerators up to 0.75% by weight in the cooling solution (a) Lead in bearing shells and bushes for refrigerant-containing compressors for heating, ventilation, air conditioning and refrigeration (HVACR) application. 10.(a) Lead used in C-press compliant pin connector systems (b) Lead used in other than C-press compliant pin connector systems 11. Lead as a coating material for the thermal conduction module C-ring 12.(a) Lead in white glasses used for optical applications (b) Cadmium and lead in filter glasses and gla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... crystal displays, design or industrial lighting) 29. Lead oxide in seal frit used for making window assemblies for Argon and Krypton laser tubes 30. Lead in solders for the soldering of thin copper wires of 100 um diameter and less in power transformers 31. Lead in cermet-based trimmer potentiometer elements 32. Mercury used as a cathode sputtering inhibitor in DC plasma displays with a content up to 30 mg per display 33. Lead in the plating layer of high voltage diodes on the basis of a zinc borate glass body 34. Cadmium and cadmium oxide in thick film pastes used on aluminium bonded beryllium oxide 35. Cadmium in colour converting II-VI LEDs (<10 µg Cd per mm 2 of light- emitting area) for use in solid state illumination or display systems. SCHEDULE-III [See Rules 3(m), 6(2), 13(1), 13(2)] Sl. No. Year (Y) E-Waste Recycling Target (by weight) 1. 2023-24 60% of the quantity of an EEE placed in the market in year Y-X, where 'X' is the average life of that product 2. 2024-25 60% of the quantity of an EEE placed in the market in year Y-X, where 'X' is the average life of that product 3. 2025-26 70% of the quantity of an EEE placed in the market in ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd also issue necessary Forms/Returns for implementation of these rules. (4) Conduct random check for ascertaining compliance of the e-waste rules and may take help of Customs/State Government or any other agency (ies). (5) Documentation, compilation of data on e-waste and uploading on websites of Central Pollution Control Board. (6) Actions against violation of these rules. (7) Conducting training programmes to develop capacity including State Pollution Control Boards and Urban Local Bodies officials. (8) Conducting awareness programmes on e-waste management, RE/CE label, legislation to make consumers responsible towards product usage and safe disposal. (9) Integrate all stakeholders with the centralized digital system. (10) Submit Annual Report to the Ministry. (11) Enforcement of provisions regarding reduction in use of hazardous substances in manufacture of electrical and electronic equipment. (12) Interaction with IT industry for reducing hazardous substances. (13) Set and revise targets for compliance to the reduction in use of hazardous substance in manufacture of electrical and electronic equipment from time to time. (14) Ensure RoHS compliance and its ..... X X X X Extracts X X X X X X X X Extracts X X X X
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