17 E-Waste Management Rules, 2016

Manoj Kumar Sharma

Introduction

Advancements in information technology have revolutionized the lifestyles and comfort levels in the modern tech savvy society. The world has shrunk into global village due to advancements in information technology and communication technology. These developments have impacted the lives of majority of us. Due to fast changing information technology, the very soon electrical equipments become obsolete thereby causing electronic waste and this electronic waste is on the rise in modern societies. Not only the obsolescence but also ‘End of Life’ of electronic equipments also lead to generation of e-waste. Increasing electronic waste has brought to forefront the problem of scientific management and disposal of electronic waste since this increasing e-waste is causing serious environmental and health hazards. The problem of increasing e-waste has impacted all the countries of the world but it has more serious impacts on developing countries because they are not only generating electronic waste but have also become dumping ground of electronic waste for developed countries.

Learning Outcomes

The reader will be introduced to the concept of E-Waste, the components of e-waste, generation of E-waste in India and globally and e-waste regulation in India. The functions, responsibilities and duties of various stakeholders including consumers, CPCB, SPCB, Manufacturer, Producer, dealer, various departments of the government etc. will be discussed and analysed. The reader will also be apprised about the procedure for obtaining authorisations and the remedies in case a person is aggrieved by various order issued by regulatory authorities. The topic will be discussed under the following rubrics:

Introduction

• E-Waste – Meaning
• Composition of E-Waste
• E – Waste Generation in India
• E – Waste Management and Regulation in India
• E – Waste (Management) Rules, 2016
  • Applicability
  • Duties and Responsibilities under EWM Rules
  • Procedure for Authorisation
  • Procedure of Storage of E-Waste
  • Reduction in the use of Hazardous Substances in EEE
  • Liability of Manufacturer, Producer, Importer etc.
  • Other Provisions
    • Transportation of E – Waste
    • Accident
    • Appeals

Conclusion

E-Waste : Meaning

E-waste has been defined to mean electrical and electronic equipments (EEE means equipments which are dependent upon electric current or electro-magnetic field) which are discarded by the consumer as waste due to end of life of the product or due to its having become obsolete. It also includes rejects from manufacturing, refurbishment and repair processes. {Rule 3(r)}. These include variety of EEE like remotes, mobile phones, computers, refrigerators, monitors, LED, LCD, washing machines etc (Neha Chandani).i Thus, e-waste includes wide variety of EEE which has become obsolete or has otherwise been discarded by the consumers. In our daily life, we are using and are dependant upon large number of electronic equipments/devices. Increasing use of electronic devices and rapidly changing information technology has led to high increase in e-waste generation.

Composition of E-waste

As stated earlier, E-waste includes wide variety of EEE which are discarded by consumers or rejected in manufacturing or repairing process. This waste includes both hazardous and non-hazardous components. It consists of ferrous and non-ferrous metals including precious metals like silver, gold, platinum etc. E-waste components also include wood, glass, plastics, PCB, ceramics, concrete cyramic, iron and steel etc. It is claimed that e-waste contains more than 1000 different substances including toxic matters (Rajya Sabha, 2011i.

E-waste generation in India

India has the dubious distinction of being the fifth largest E-Waste generator of the World, generating around 18.5 lakh tonnes of electronic waste per annum (The Hindu)iii. According to study conducted by Associated Chambers of Commerce and Industry in India in collaboration with cKinetics in 2016 on Electronic Waste Management in India, total e-waste generated globally is around 93.5 million tons in 2016 which is expected to reach 130 million tonnes in 2018 at compound annual growth rate of 17.6% during this period. The study reported that India is on the path to become one of the major electronic waste generator and the quantum of e-waste is likely to be 52 lakh metric tonnes by 2020 at a compound annual growth rate of 30% which is much higher than the world growth rate of e-waste. Not only that India is one of the largest e-waste generators but is also one of the hot destination alongwith other Asian and African countries for illegal dumping of e-waste (The Hindu)iv. Thus India is also becoming a global dumping ground of e-waste (Rajesh Kumar, 2016)v. As per ASSOCHAM Survey (2016)vi, computer equipment accounts for maximum e-waste (70%) which is followed by telecommunication equipment (12%), other EE account for 8% followed by medical equipments 7% whereas household e-crap is about 3 – 4%.

E-Waste Management and Regulation in India

As stated earlier, e-waste poses both environmental and health hazards. Not only this, it also contains precious metals and therefore it is necessary that the management of e-waste is done in a manner which is eco-friendly but which also leads to material recovery. In this context, management and regulation of e-waste is important. Commonly used methods are shredding, separation and incineration but the efficiency is very low. Moreover, unscientific methods of material recovery create serious impact on health and environment.

It has been a common experience across the globe that it is almost impossible to effectively deal with any waste unless there is proper and effective regulatory mechanism.

In India, prior to enactment of e-waste rules, the legal regulatory mechanism included Factories Act, 1948 and Hazardous waste management rules. Factories Act partially deals with hazardous wastes generated during manufacturing or recycling especially after the amendments made in view of Bhopal Gas tragedy. Environment (Protection) Act, 1986 which is an umbrella legislation dealing with environment protection, empowered the government to lay down rules for protection and preservation of environment and accordingly, in pursuance of powers granted under EPA, 1986, Central government enacted Hazardous waste management rules, 1989 in consonance with Basel Convention on the Control of Transboundary movement of Hazardous Wastes. These rules dealt with the hazardous waste disposal and transboundary movement but non hazardous wastes were dealt with by various other rules like Municipal Solid Waste Rules etc. However, there was no comprehensive mechanism to deal with e-waste.

Accordingly, E-Waste (Management and Handling) Rules, 2011 were enacted which came into force on 01st May, 2012. These rules provided for responsibilities of consumers, bulk consumers, recyclers, producers and dismantlers and provided the regulatory mechanism to deal with e-waste in India.

E-Waste (Management) Rules, 2016

E-Waste (Management) Rules, 2016 were notified on 23rd March 2016 and have come into effect on 01st October 2016. These EWM Rules, 2016 have replaced 2011 Rules and contain comprehensive provisions on management of e-waste in India. Enactment of new rules in 2016 is part of the drive of the Union government to update the existing waste management norms in India to make it more effective and environmental friendly.

Applicability and Scope

These rules shall apply to every

• manufacturer,
• producer,
• consumer,
• bulk consumer,
• collection centres,
• dealers,
• e-retailer,
• refurbisher,
• dismantler and
• recycler

involved in manufacture, sale, transfer, purchase, collection, storage and processing of e-waste or electrical and electronic equipment listed in Schedule I, including their components, consumables, parts and spares which make the product operational.

Schedule I contains various IT and telecommunication equipments and consumer electrical and electronic equipments. These include Computers, Main frame, Minicomputers, Notebook, Notepad, Laptop, Person Computer, Printers including cartridges, copying machines, electronic typewriters, telephones, mobiles, cordless telephones, answering machines, TV, LCD, LED, Refrigerator, Washing Machine, ACs, Fluorescent and other Mercury containing lamps etc.

EWM Rules 2016 have extended the applicability of EWM Rules to CFL and Mercury containing lamps and have further extended the applicability to components, spares, consumables and parts of Electronic and Electrical Equipments (EEE) as compared to EWM Rules, 2011. Further EWM 2016 have extended the applicability to Manufacturer, dealer, refurbisher etc.

As stated earlier that there are various waste management rules dealing with various categories of Waste like Solid Waste, radio-active waste, waste in the form of used lead batteries etc., therefore, EWM Rules do not apply to wastes covered by other rules, In particular, following have been excluded from the coverage of EWM rules

• Used Lead acid batteries
• Radio Active Waste

Micro enterprises have specifically been excluded from the purview of applicability of EWM Rules, 2016.

Responsibilities under EWM Rules, 2016

As stated earlier, EWM Rules, 2016 have obligated various stakeholders to perform important duties under the rules so as to ensure proper and effective management and disposal of e-waste. The duties of various stakeholders are discussed hereinafter.

Responsibility of Manufacturer (Rule 4)

Manufacturer has been defined under EWM Rules to mean any person, entity, company, a factory or a small and medium enterprise which has facilities for manufacture of EEE.vii EWM Rules, 2016 have obligated the manufacturers to take the following steps:

• Collection of e-waste generated during manufacture of EEE
• Channelization of such e-waste i.e. directing the movement of e-wastes from collection onwards to authorised dismantler or recycler and where recyclers are not available, it implies movement from collection centre to Treatment and Disposal facilityviii
• To apply for an authorisation to the concerned SPCB
• To ensure that no damage is caused to the environment during storage and transportation of e-waste
• To maintain records of e-waste generated, handled and disposed and to make available such records to the SPCB as and when required
• To file annual returns with SPCB on or before the 30th day of June

Responsibility of Producer (Rule 5)

Producer has been defined in Rule 3(cc). Producer means a person who manufactures and sells EEE and the components, consumables and parts/spares of EEE under its own brand or a person who assembles these (i.e. EEE and components, consumables, parts/spares of EEE) and sells them under his brand name or a person who sells imported EEE and it parts/spares etc. Sale of these components may take any form i.e. sale through dealer, retailer or e-retailer. There is thus, difference between Manufacturer and Producer. Whereas manufacturer has been defined to mean an entity having facilities for manufacture, Producer means a person who manufactures, assembles or imports and then sells EEE and its components etc through various selling techniques.

The main thrust of new waste rules is on Extended Producer Responsibility (EPR). Producers have been obligated to make their EPR plans and get authorisation for the same. It implies the duty of the producer of EEE to make arrangements for channelization of e-waste. This responsibility may be discharged in several ways including Deposit Refund scheme on return of EEE, taking back the EEE after use, collection of EEE. The arrangement may be made with the dealer or producers may themselves establish collection centres or in association recyclers/dismantlers. Even producers may collectively establish EPR Organization to implement their duties under the EWM Rules.

Following duties have been cast upon the producer of EEE listed in Schedule I :

• To apply for Extended Producers Responsibility (EPR) authorization
  • EPR Authorisation should contain general scheme for collection of EEE Waste through various means viz., collection centres, dealers, PROs, buy-back arrangements, Deposit Refund System, Exchange Scheme etc
• Primary duty is the proper and effective implementation of Extended Producers Responsibility (EPR). Discharge of EPR includes :
  • To collect and channelize the e-waste generated from the ‘end of life’ of their products or products with same EEE code
  • To collect and channelize ‘Historical Waste’
  • The collection and channelization shall be in accordance with ‘Targets’ prescribed in accordance with Schedule III

• CPCB Guidelines have also prescribed the ‘end of life’ span for the items listed in Schedule I. Collection targets are dependant upon the life span of the product (EEE) and therefore, is calculated with reference to sales of the product (EEE) with the same code. For example if the life span of the product is five years and the target for 2017-18 is to be computed, the sales of that product (products with the same code) for the years 2012-13 would be considered and target would be percentage of that figure.
• Producer is required to ensure compliance of EPR authorisation.
• Producer is required to make arrangement for pre-treatment of the e-waste so that the volume of e-waste is controlled before it is being sent to the treatment and disposal facility. Producer is also to ensure that the mercury in the e-waste is immobilized.
• Producer is bound to make available information to the consumers regarding the contact details and toll free numbers etc so that consumer is able to return/deposit the e-waste.
• To create and spread awareness regarding
• Do’s and Don’ts Hazards of improper handling and disposal of EEE Information on hazardous constituents of EEE Information on recycling of e-waste Means and modes for return, exchange etc of EEE after end of life Visible, legible and indelible sign as to the following indicating that e-waste is not to be thrown into the dusbin
• The import of such electrical and electronic equipment (EEE) should only be allowed to the Authorised produces who have obtained the Extended Producer responsibility Authorization.
• Maintaining the records of E-waste generated, disposed and handling as per the prescribed norms and make the same available for the scrutiny by the SPCB
• Filing of annual returns to the SPCB on or before 30th June for every financial year.
• Operating without EPR authorization shall be deemed to be a damage caused to the environment

Responsibilities of Collection Centres – Rule 6

• Collection centres are required to collect the e-waste on behalf of dismantlers, recyclers, producers or refurbishers. They are also required to collect e-waste of orphaned products (unbranded or assembled EEE)
• They must comply with the guidelines issued by CPCB from time to time
• They have to ensure that safe storage of e-waste before it is being sent forthwith
• They have to ensure that while storing and transporting e-waste environment is not damaged
• They are required to maintain prescribed records regarding e-waste and also make the same available to the prescribed authorities for inspection

Responsibilities of Dealers (Rule 7)

• If authorized by the Producer to collect e-waste, the dealer is required to collect e-waste and provide a box/bin or demarcated area to the consumer Dealers are required to make arrangements for sending the e-waste to collection centres/dismantlers/recyclers, as the case may be
• If they have provided/launched Deposit refund or take back scheme in association with the Producer, then they are required to ensure compliance with the same and return the amount as per the arrangement
• Like producers, dealer is also required to ensure that during transportation and storage environment is not damaged

Responsibilities of the Refurbisher (Rule 8)

• During the process of refurbishing e-waste may be generated. It shall the duty of the refurbisher to collect the same and channelize it
• To apply for one – time authorization with SPCB – If n o objection raised by SPCB within 30 days, authorization shall be deemed to be granted
• Like other stakeholders, Refurbisher is also required to prepare and maintain records and make the same available, as and when required, for scrutiny and inspection
• Refurbisher is also required to ensure that during transportation and storage environment is safe and is not damaged.
• In addition, refurbisher is required to ensure that the refurbishing process is environmentally friendly and it does not damage the environment
• To ensure safe transportation of the e-waste
• To file annual returns to SPCB on or before the 30th June

Responsibilities of the Consumer or Bulk Consumer (Rule 9)

Central/State governments, government departments, public sector undertakings, financial institutions, banks, educational institutions, universities, companies, MNCs, partnership firms etc including health care service providers who have more than twenty employees or whose turnover is greater than one crore have all been included in the category of Bulk Consumers.ix EWM 2016 has extended the definition of bulk consumer by including therein health care services having turnover of more than one crore or having more than 20 employees as compared to EWM Rules, 2011. These bulk consumers are required to discharge following duties.

• Bulk consumer is required to make arrangements for channelization of e-waste through appropriate channels i.e. through collection centres or recyclers or dismantlers etc.
• Bulk consumers are required to maintain proper records regarding generation and disposal of e-waste
• To ensure that end of life EEE is not mixed with the e-waste containing radio-active material Bulk Consumers are required to file annual returns to SPCB on or before 30th June

Responsibilities of the Dismantler (Rule 10)

• To apply for and obtain authorisation from SPCB. Operating without EPR authorization shall be deemed to be a damage caused to the environment
• To ensure that the dismantling process is environmentally safe and is in compliance with the standards and norms prescribed by CPCB
• Dismantler is required to ensure that transportation and storage of e-waste is environmentally safe
• Dismantler is required to ensure that the non-recyclable and non-recoverable portion of e-waste is sent to authorized disposal facility
• To maintain records in the prescribed form and manner
• To file annual return on or before 30th June
• To ensure safety and security of the workers engaged in dismantling process. For the purpose the workers registration is required.
• To take adequate health measure for the workers employed for dismantling process

Responsibilities of the Recycler (Rule 11)

• To ensure that recycling procedure is as per the norms and guidelines of CPCB and that recycling process causes no damage to the environment
• To apply for and obtain authorisation from SPCB. Operating without EPR authorization shall be deemed to be a damage caused to the environment
• To ensure that transportation and storage of e-waste is environmentally safe
• To maintain records in the prescribed form and manner
• To file annual return on or before 30th June
• To ensure safety and security of the workers engaged in recycling process. For the purpose the workers registration is required.
• To take adequate health measure for the workers employed for recycling

Responsibilities of the State Government for the Management of Waste (Rule 12)

• Department of Industries or other authorised government agency to ensure earmarking of industrial space/shed for the dismantling and recycling of the E-waste dismantling and recycling in Industrial Parks/Estates/Clusters
• Department of Labour of the State Government is required to perform various duties in connection with recognition and registration of workers working in recycling, dismantling and refurbishing units
  • To register the workers employed at such centres
  • To ensure safety and security of the workers engaged in these units.
  • To take adequate health measure for the workers employed for recycling
  • To Undertake Industrial Skill development activities
  • To help in formation of groups of workers who are setting up such dismantling or recycling
• State government is required to prepare an Integrated Implementation plan for the effective implementation of the E-waste Management Rules, 2016 and to submit annual report to the MOEFCC

Responsibilities of CPCB – Schedule IV

• To entertain, evaluate applications for Grant of EPR and Renewal of EPR- Authorisation and monitoring of its compliance
• To provide and update on website regarding EPR- Authorization Setting the targets and revision of targets for collection of e-waste To coordinate with SPCB
• To prepare and revise guidelines for Environmentally Sound Management of e-waste
• To make arrangements for random checking of importers/producers/dismantlers/refurbisher etc
• To prepare records and data on e-waste and uploading of the same on its websites To initiate proceedings against the violators
• To arrange training programmes To prepare and file Annual Report
• To Ensure compliance with rules concerning reduction in use of hazardous substances in manufacture of EEE and setting standards for such substances

SPCB – Schedule IV

• To prepare inventory of E-waste
• To entertain, evaluate applications for Grant of authorization and Renewal of Authorisation to manufacturers, dismantlers, recyclers and refurbishers and to monitor compliance of such authorizations
• To ensure random checking and inspection of dismantler or recycler or refurbisher
• To prepare and maintain online information data base regarding authorisations granted to manufacturers, dismantlers, recyclers and refurbishers
• To implement the programmes for ensuring recycling in an environmentally sound manner
• To initiate proceedings against the violators

Port Authorities

• At the time of imports, Port authorities are required to Verify the EPR- Authorisation and in case of any deviation, they are required to immediately bring the same to the notice of CPCB. They are also required to report any illegal traffic to CPCB
• In case of any violation of the provisions of Customs Act, 1962 or Indian Ports Act, 1908, Port authorities are required to initiate suitable action against importers.

Procedure for Authorization for Management of E-Waste – R. 13

As stated earlier, every producer is required to apply and obtain EPR Authorization. This apart, other stakeholder viz., manufacturer, dismantler, recycler and refurbisher are required to obtain authorisation for their activities. Producers are required to have EPR – Authorization on pan India basis unlike under EWM 2011 rules wherein it was on state to state basis. As such, Producer is required to file an application for authorization with CPCB

Other authorisations shall be filed with respective SPCB.

An application by the Producer for EPR Authorisation and application by manufacture for authorisation is required to be filed within a period of 90 days from the date of commencement of EWM Rules, 2016 i.e. 90 days from 1st October 2016. As per the data available with CPCB, majority of Producers have not filed an application for authorization for which notices have been issued to Producers (CPCB website). In other cases i.e. in case of Dismantler, recycler and refurbisher, application is required to be filed within 120 days from the date of commencement of these rules with SPCB.

The SPCB or the CPCB after making enquiry grant an authorization within a period of 120 days and such authorization shall be valid for a period of five years. An application for renewal of EPR – Authorization or Authorization shall be made before 120 days from the expiry of given time period (5 years). The SPCB or the CPCB may renew the authorization if there is no violation of rules.

Grant of authorisation may be refused but before rejecting the application, the applicant is required to be given opportunity of being heard.

If the holder of authorization has failed to comply with any of the conditions of authorization or the Environment (Protection) Act, 1986, the SPCB, after giving reasonable opportunity of being heard in writing, shall suspend or cancel the authorization for such period as it considers necessary in public interest and shall inform CPCB within ten days of cancellation.

Procedure for Storage of E-waste (Rule 15)

Dealers, refurbishers, recyclers, manufactures, dismantlers, bulk consumers, producers and collection centres are authorised to store e-waste for a maximum period of 180 days. The said period can be extended by SPCB upto maximum of 365 days, if extra period is required for development of process for recycling or reuse. They are required to maintain record of e-waste stored, disposed off, sold and transferred. The record is required to maintain as per the standards and norms prescribed under the rules and to make the record available for inspection, as and when required.

Reduction in the Use of Hazardous Substances in the Manufacture of Electrical and Electronic Equipment and their Components or Consumables or Parts or Spares – (Rule 16)

EWM Rules, 2016 cast an obligation upon producers of EEE and components/spares/parts/consumables of EEE to make sure that these products do not contain prescribed toxic/hazardous substances viz. Cadmium, Hexavalent Chromium, Mercury, Lead, Polybrominatediphenly ethers etc. beyond concentration value of 0.1%. However, in case of historical waste i.e. EEE and their parts placed in the market before 1st May 2014, there is no such restriction. There is no punishment if any producers exceed the concentration fixed under rule 16. No producer, dealer, collection center, refurbisher, dismantler, recycler, auctioneer, consumer or bulk consumer shall import used EEE in India for use without the compliance with these rules.

Other Provisions

Annual Reports – Rule 18

The concerned SPCB is required to an annual report to CPCB regarding implementation of EWM Rules, 2016 on or before 30th September every year.

CPCB is required to submit the consolidated annual review report on management of e-waste to Union Government along with its recommendations on or before 30th December.

Appeals – Rule 22

If any person is aggrieved with any order passed by CPCB or SPCB regarding cancellation of authorization or suspension or refusal of authorization, he may file an appeal within 30 days from the date of communication of order. First appeal can be filed before the appellate authority i.e. Environment Secretary of the State. If the appellant satisfies the first appellate authority that there was sufficient cause for which the appeal could not be preferred within 30 days, it may condone the delay and allow filing of appeal. The first appellate authority is required to dispose of the appeal within 60 days.

Transportation of e-waste – Rule 19

The transportation of e-waste is required to be done in accordance with the prescribed system wherein the transporter is required to carry three copies of the prescribed document. The document shall contain the prescribed details which are detailed in Form – 6. It must be ensured that transportation of hazardous waste is carried out in accordance with the provisions of Hazardous Wastes Rules.

Accident Reporting – Rule 20

If any accident occurs either during transportation or during processing, refurbishing, dismantling, recycling etc., these persons i.e. producers, recyclers, dismantlers, refurbishers, transporter etc are required to inform the concerned SPCB immediately about the accident. The information may be sent via email or through telephone.

Liability of manufacturer, producer, importer, transporter, refurbisher, dismantler and recycler– Rule 21

If any damages occurs to any person due to improper handling or management of the e-waste or due to negligence on the part of the manufacturer, producer, recycler, dismantler, refurbisher, transporter etc., they shall be liable to compensate for the same. Similarly, if any of these violate provisions of EWM Rules, they shall be liable to pay penalties as may be levied by SPCB. SPCB has been authorised to impose penalties in consultation with CPCB.

Conclusion

From the foregoing discussion, it is clear that India is one of the largest producers of E-Waste and the quantum of e-waste is likely to skyrocket in the coming decades. In this context, EWM Rules, 2016 have been enacted to scientifically manage e-waste so that not only the environment and human health is protected from adverse effects of unscientific disposal of e-waste but also to ensure material recovery from e-waste. EWM Rules have obligated various persons concerned with generation and management of e-waste including consumers and bulk consumers to discharge their obligations under the rules. EWM Rules have put onus upon Producers to discharge their responsibilities in collection of e-waste by establishing collection centres or through schemes such as Deposit Refund Scheme on return of used EEE or collect back schemes etc. Consumers are also required to ensure that they do not throw away e-waste in dustbins rather deposit the same in authorised collection centres.