EPR For Battery Waste Management

The Ministry of Environment, Forestry, and Climate Change implemented the Battery Waste Management Rules in 2022 under the Environment (Protection) Act, 1986, replacing the Battery (Management and Handling) Rules, 2001.

The waste battery includes the used or end-of-life battery or its components, which are or are not hazardous in nature, and the pre-consumer off-spec battery or its components, expired batteries, and user-discarded batteries. 

The act contains a detailed description of how to manage various types of waste batteries. The types are as follows:

• Used or End-of-life Battery and its hazardous/non-hazardous components
• Batteries diverted during the manufacturing process 
• Discarded Batteries 

It includes every category of batteries, such as:

• Electric vehicle batteries
• Portable batteries
• Automotive batteries 
• Industrial batteries

The functionality of EPR for Battery Waste Management 

• The EPR for battery waste management defines the functionalities of the Extended Producer Responsibility (EPR), wherein the producers, including importers of batteries, are held responsible for recycling, refurbishing, and collecting waste batteries and using the same as new batteries.
• The EPR mandatory provisions say that all the waste batteries must be collected and sent for recycling, and they prohibit the disposal of the batteries in landfills or incineration.
• To facilitate EPR, producers are free to delegate their activities to other entities for waste battery collection, recycling, or refurbishment.
• The EPR certificate is exchanged between producers, recyclers, and refurbishers via the online portal in accordance with the regulations so that they can carry out the producers' obligations. The regulations, which mandate a minimum percentage of material recovery from waste batteries, will lead to new investments and technological advancements in the recycling and refurbishing sectors as well as the emergence of new business opportunities for them. 
• As per the mandate of the Battery Waste Management (BWM) Rules 2022, the promotion shall be for setting up new industries and entrepreneurs in the collection, recycling, and refurbishment of waste batteries.
• Measures can be taken to remove difficulties and make features ensuring effective implementation and compliance with the rules and regulations through the online portal, online registration, auditing, reporting, and the formation of a committee for the monitoring of the implementation of the rules and regulations.
• Following the application of the Polluter Pay Principle, environmental compensation will be imposed for failure to meet the EPR targets and the rules' requirements.

Application of the Battery Waste Management Rules, 2022

The following entities are involved in collecting, recycling, sorting, transporting, and refurbishing battery waste and are subject to the Battery Waste Management Rule, 2022:

• Producer
• Dealer 
• Consumers
• Importer
• Manufacturer
• Assembler

The following characteristics are used to make the processes easier, according to the Battery Waste Management Rules, 2022:

• Extended Producer Responsibility (EPR):

According to the BWM rules 2022, battery manufacturers are responsible for making arrangements for the collection, restoration, and recycling of used batteries. Different EPR targets have been set for various battery types, including lithium-ion and lead-acid batteries, as well as their subcategories, including portable batteries, automotive batteries, electric batteries, and industrial batteries. In order to produce new batteries, the act requires the minimal mandatory use of components for domestic battery recycling, such as lithium, nickel, and cobalt.

• Increase in Benefits responsibility of Entities

According to the BWM rules 202, when handling batteries, consumers must take the following action and make beneficial use of used batteries:

1. Batteries must be disposed of separately from other types of waste. 
2. The batteries shall be disposed of and given to the entities engaged in the recycling, collection, and refurbishment of batteries.

• Implementation of rules by the Committees

The Central Government creates, with the help of the CPCB Chairman, a committee that will advise the Ministry of Environment, Forests, and Climate Change on the steps that should be taken to implement the rules and regulations. The committee shall include members from various ministries, the Central and State Pollution Control Boards, and other organizations that represent various stakeholders, including recyclers and producers.

• Creating Centralized Online Portal for the battery waste management

In order to more easily meet demands and producers' obligations, the Central Pollution Control Board established a centralized portal for the registration and submission of waste battery returns, as well as for the facilitation, generation, and exchange of the EPR certification by the producers, recyclers, and refurbishers. 

• Battery Swapping Policy

During the budget session for the fiscal year 2022–2023, Srimati Nirmala Sitaraman presented the following future strategy for the battery used in electric vehicles: The battery swap policy will be in place, giving the private sector the opportunity for sustainable development and an avant-garde business model for "Battery as a Service Energy," which will enhance the use of electric vehicles and foster a beneficial ecosystem. Due to a lack of available space for the installation of large-scale charging stations in the urban area, this policy is being put into place.

• The producer shall have to follow the BIS (Bureau of Indian Standards) for all Batteries and packs appropriately.
• The labels and symbols must be visibly, legibly, and indelibly printed.
• Every battery must be marked with the “Crossed wheelie bin symbol and at least 3 % of the areas of the largest side of the battery. 
• The batteries containing heavy metals such as mercury (Hg), cadmium (Cd), or lead (Pb) shall be marked with their respective symbols.

• The Recycling/Refurbishing of the Battery waste is the recycling/refurbishment of battery materials such as lithium, lead, Nickel, Cobalt, glass, rubber, Plastics, etc.
• After the implementation of Battery Waste Management Rules, 2022 the Producer who is bringing batteries into the market has to follow the Extended Producers Responsibility defined in the Schedule II of the Battery waste management rules for different types of batteries along with the life of batteries. Follow the link for Schedule II: https://egazette.nic.in/WriteReadData/2022/238351.pdf
•  As per the EPR target, the collection target shall be met as mentioned in the rules, and the 100% Recycling/Refurbishment target of the EPR collection target in every given year.
• The EPR target for the producer differs; you need to understand the target compliance that needs to be met as per the specific kind of battery you are dealing with, such as Li-ion, lead acid, Zinc based batteries, Nickel-cadmium batteries, etc. Additionally, within each category of these batteries, the portable, industrial, automotive, and electric batteries are also to be specified.
• The producer must have to meet the EPR obligations as per the EPR certificate provided by the recycler or refurbishers. For non-availability of the EPR certificate with the Recycler, and Refurbisher then the producer requires to collect them as well.

Responsibilities of the Manufacturer, Importer, Producer, Refurbishers

• The producer introducing batteries in the market has to ensure the EPR obligation of attaining the recycling or refurbishment of batteries.
• The producer has to meet the Schedule II of the Act for compliance with collection, recycling, and refurbishment target.
• Ensure the sending of waste batteries for recycling or refurbishment and not for incineration.
• The Producers of the batteries shall have to register themselves with CPCB through Form 1(A), and grant certification through Form 1(B).
• Producer shall have to intimate the  information relating to change in EPR registration
• The EPR plan shall be given to CPCB in form 1(C) by 30th June every year for batteries manufactured in the preceding year
• The producer shall adhere to prohibition and labeling requirements. 
• Producers must adhere to the requirement that new batteries contain a minimum percentage of domestically recycled materials.  

Responsibilities of Entities Involved in Collection, Segregation, and Treatment of Waste Battery

The responsibilities of the entities involved in the collection, segregation, and treatment for making them available to waste battery registered Refurbishers or Recyclers, 

And such entities shall have to ensure the availability of facilities as per CPCB guidelines and carry out business activities as per the CPCB norms.

Responsibilities of the Recycler

• The recycler shall have to register with their SPCB through form 2(B).
• Recyclers shall have to follow the guidelines provided by the CPCB.
• The Hazardous Waste Management rules shall be followed by the entities.
• The wastes generated during handling and recycling should be managed as per the solid waste management rules, 2016, plastic waste management rules, 2016 and e-waste management rules, 2016,
• The quarterly return in form 4 has to be furnished to inform the quantity of waste battery collected as per the recovery targets sub-rule 4 Rule 10.
• Refurbisher will not deal with any entity that is not registered with the EPR of CPCB
• The processing shall never exceed the installed capacity by the entities.
• The Waste battery registered entities shall provide the type and quantity of the refurbished batteries that are transacted as per the obligations.
• The recyclers or refurbishers have the right to sell the assigned EPR certificates to the producer in exchange for the waste battery.
• The EPR certificates shall be generated based on the weight of the battery processed, and percentage of the fulfillment of the material recovery targets in a specified year, and the geographical source of such battery (whether imported or domestic)
•  The evaluation of the EPR certification for the recyclers is based on the formula: EPR certificates (KG) = (Actual recovery of battery material in percentage/recovery target in the specified year of the battery type in percentage) x quantity of the processed battery (kg) x (1-A)
• The purchase of the EPR certificate by the producer shall be limited to its EPR responsibility of the current year and other leftover liability of the preceding year and ten percent of the current year's liability.
• The EPR certificate shall be adjusted against the liability of the producers. 
• The EPR certificate generated by the Recycler or Refurbisher shall be valid for a period of seven years for meeting the requirements of the producers.

Responsibilities of the Consumer or Bulk Consumer

Consumers must dispose of used batteries in an environmentally friendly manner, segregating them from other wastes like household waste streams.

Procedure for submission of application 

The following requirements of Rule 4 must be followed when submitting an application for registration or renewal, and the Extended Producers Responsibility (EPR) requirements of the Environment (Protection) Act, 1986, and its amendments must be followed by the applicant if they are in the battery business and wish to comply with EPR requirements through registration with the CPCB:

• Fill out the application form 1(A) 
• Producers' Name."
• The registered address of the Producers, website details, and Contact details of the Company 
• Name and address and email, landline telephone number of the authorized person,
• GST No.
• TIN No.
• Details of the type of Battery in the market along with its brand name and type such as

1. Portal battery
2. Automotive battery
3. EV battery
4. Industrial Battery

• Submit the application online through the email of the existing company of the applicant involved in the business of batteries at CPCB@GOV.IN.
• Submit the applications’ hard copy to the member secretary of the Central Pollution Control Board at the given address: Central Pollution Control Board, Parivesh Bhawan, East Arjun Nagar, Delhi-110032

Registration Process of Recycler or Refurbisher 

The recycler and refurbisher have to follow the following one-time registration procedure for the grant of the authorization:

• The applicant has to fill the Form 2(A).
• Name of the applicant(Recycler, Refurbisher)
• Registered address and website address
• Contact telephone or mobile number and email address
• GST registration number
• Consent validity under Air Act, 1981
• Consent validity under Water Act, 1974
• Consent authorization validity under Rule 6 of the Hazardous Wastes (Management and Handling) Rules, 2016
• Validity of consent authorization with District Industries Center installed capacity of the recycler unit in MTA (operational details included)

The application needs to be submitted along with the following documents:

• Aadhar copy of the applicant;
• PAN details of the Company engaged in the business
• Ownership proof of the business site,
• Factory/trade license
• Valid consent certificate from Water and Air Board 
• Valid Consent Certificate under Hazardous waste Authorisation
• TIN number 
• CIN number 
• GST certificate along with self-attestation of the applicant

Environmental Compensation for Business Entities:

The payment of compensation shall be made for the entities mentioned above found in violation of the prescribed rules and regulations, such as 

• Carrying out business activities without following the mandate and registration certificate.
• Concealment of the material facts or providing false information by the registered entities 
• If the entities involved in the Battery business along with the registration, but not following the collection, treatment, and segregation of the Battery waste and its handling process.

Renewal of Producers Registration 

The producer shall have to renew the registration within sixty days of its expiration.