General details about the Battery Waste Management Rules, 2022

The Battery Waste Management (BWM) Rules, 2022, were introduced by the(MoEF&CC) Ministry of Environment, Forest and Climate Change, Government of India. The rules got published on 24th August 2022 to ensure sound management of waste batteries in an environmental-friendly manner.

Indeed, a transformative step towards implementing the announcement by honourable PM Narendra Modi on 15th August 2021, the rules aim to promote a circular economy seriously.

One of the exceptional characteristics of the Battery Waste Management Rules, 2022is mandating the minimum percentage of materials recovery from waste batteries. The initiative will bring new investment and technologies in refurbishment and recycling. Furthermore, it creates new business opportunities.

Besides this, the rules propose using a specific count of recycled materials in creating new batteries. This is done with the aim that this will save natural resources and reduce the dependency on new raw materials.

The recently published BWM rules position is the importer and producer of batteries at the centre of battery recycling rules with Extended Producer Responsibility (EPR). The Battery Waste ManagementRules, 2022, is somewhat based on the Polluter Pays Principle (PPP). Thus, according to the PPP, environmental compensation will be imposed if the EPR targets are not met. In addition, the collected funds under environmental compensation will be used in collecting, recycling, or refurbishing uncollected and non-recycled waste batteries.

Salient Features of the Battery Waste Management Rules, 2022

• The newly introduced rules seek to replace the Batteries (Management and Handling) Rules, 2001.
• The Battery Waste Management Rules, 2022, cover all types of batteries.The list includes –
  • Portable batteries
  • Electric vehicle batteries
  • Automotive batteries
  • Industrial batteries
• The rules emphasisethe EPR concept, where battery producers (also importers) are held responsible for recycling/refurbishing and collecting waste batteries. Furthermore, the rules use recovered materials from waste into new batteries.
• Also, the rules intend to set up a centralised and online mechanism portal for exchanging EPR certificates between refurbishers/recyclers and producers to fulfil the obligations of producers.
• Next, the Battery Waste Management Rules, 2022 promote establishingnew start-ups and industries involved in collecting and refurbishing/recycling waste batteries.
• Other rules include auditing, online registration & reportingand a committee for analysing the rule's implementation. The features also include takingcompulsory steps for difficulty removal to ensure effective compliance and implementation.
• An important aspect that makes the Battery Waste Management Rules 2022stand out among the rest is that it is outcome-based. Another aspect is that the rulesate measurable. Moreover, it stipulates mandatory targets for recycling and collection within a compliance timeframe.
• Moreover, the rules hold an electric two-wheeler manufacturer responsible for completing a mandatory collection target of 70 per cent of batteries introduced in the market in 2022-23. However, s/heis given a seven-year compliance period starting 2026-27.
• The new rules remove thelabelling requirements andlimits for batteries. Labels mustmention limits on the usage of heavy metal. Additionally, a picture of a crossed-out bin must be on the label to represent that the batteries cannot be binned. Also, the waste batteries must be handed out to a registered battery collector.

Another remarkable thing is that the system will arrange a second line of deterrence.In this, the names of defaulting entities will appear on the official website of the Central Pollution Control Board.

Roles and responsibilities of Consumers according to the Battery Waste Management Rules, 2022

According to the Battery Waste Management Rules, 2022, consumers are responsible for –

1. Disposing of waste batter in an environment-friendly way, handing it over to the refurbishment or collection or recycling entity; and
2. Discarding waste batteries separately from other waste streams.

Roles and responsibilities of Producers according to the Battery Waste Management Rules, 2022

• Waste batteries gathered by producers must be sent for recycling or refurbishing and must not be sent for incineration or landfill.
• The producer must inform CPCB of any information changes mentioned in the EPR registration and any permanent cessation.
• The producer can operate schemes like buy back or deposit refund system or any other model to develop a discrete waste stream for waste battery collection for fulfilling EPR obligations.
• Also, the producer may authorise any other entity or engage itself to collect, refurbish or recycle waste batter

ies.

• The info of the registered recyclers from whom the EPR certificates have been obtained must be provided.
• According to the Battery Waste Management Rules, 2022, a producer must

1. guarantee secure handling of battery or waste battery so that it doesn’t damage the environment and human health; and
2. adhere to prohibitions and labelling requirements as prescribed in Schedule I.

• The producer must oblige concerning the minimum use of domestically recycled materials in a new battery. In the case of imported batteries, the producer must meet the obligation to export such quantity of recycled materials or get such quantity of recycled materials used by other businesses.
• The producer must inform the SPCB or CPCB of the rules violations by any entity involved in managing and handling the waste battery. Also, dealing with any other entity with no registration mandated under these rules is strictly prohibited.

Roles and Responsibilities of Public Waste Management Authorities as per the BWM rules, 2022

The Battery Waste Management Rules 2022holds the Public Waste Management Authorities responsible for handing collected waste batteries to the agencies or producers.

Responsibilities of entity involved in segregation, collection and treatment as per the new BWM Rules, 2022

The entities involved in collection, segregation and treatment are responsible for –

1. Ensuring a facility is under the guidelines or standards stipulated by the CPCB.
2. Handing over the waste battery to a registered recycler or refurbisher.

• Carrying out any activity as per the guidelines stipulated by CPCB.

Roles of recycler mentioned under the Battery Waste Management Rules, 2022

The Battery Waste Management Rules 2022holds the recycler responsible for -

• Ensuring that it carries out any activity as per the guidelines stipulated by the Central Pollution Control Board;
• Managing the hazardous waste generated from the entity according to the guidelines of the Hazardous and Other Wastes (Transboundary Movement and Management) Rules, 2016;
• Guaranteeing that facilities and recycling processes for battery waste aside by the guidelines or standards prescribed by CPCB;
• Managing other waste generated during recycling and handling activities according to the extant regulations such as Plastic Waste Management Rules, 2016, Solid Waste Management Rules, 2016 and E-waste (Management) Rules, 2016;
• Removing the waste battery from the collected appliance if it is incorporated into equipment.
• Declare the total quantity of waste battery processed by the entity involved in its recycling on the official portal of CPCB and entities quarterly.

Roles of refurbisher as per the Battery Waste Management Rules, 2022

• The Battery Waste Management Rules, 2022 stipulate the following responsibilities of are furbisher.
• Managing the hazardous waste generated from the facility as per the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
• Carrying out activities as per the rules prescribed by CPCB.
• Ensuring facilities and refurbishment processes abide by the guidelines or standards stipulated by the central board.
• Other waste generated during refurbishing and handling activities should be managed per the provisions of Plastic Waste Management Rules, 2016 and Solid Waste Management Rules, 2016.
• Make sure that the waste battery is removed from the collected appliance.
• Refurbishersare not allowed to deal with any other entity not having registration stipulated under these rules.
• As per the BWM rules, 2022, the refurbisher must provide the total quantity of processed waste batteries on the official websites of the entities and portal developed by the Board quarterly.

Functions of the State Pollution Control Board under the Battery Waste Management Rules, 2022

• The State Pollution Control Board must list the entities not fulfilling their EPR obligations annually. The board must also publish the same.
• As per the Battery Waste Management Rules, 2022, the SPCBmustcompile, submit and publish the quarterly reports provided by the entities to CPCB and online.
• Registration provisions must be made on the portals of EPR and SPCB through a designated agency that must verify compliance of the entity involved in refurbishing and recycling waste batteries through periodic audits and inspection, as deemed fit, in their jurisdiction.
• If the entity provides false information, the SPCB shall cancel and/or suspend the registration for five years. But this will be done after giving reasonable opportunity of being heard, including actions under rule 13.
• SPCB must submit an annual report to CPCB by 30th June every year. The report must be regarding the effective implementation of these the Battery Waste Management Rules, 2022.
• The Board must ensure a regular dialogue between relevant stakeholders involved in fulfilling responsibilities under these rules.

Functions of Central Pollution Control Board under the BWM Rules, 2022

• The producer registration must be done within two weeks from application submission. Also, the registration will be valid for five years.
• The CPCB may determine the fee for application processing for registration and returns.
• CPCB must share the producer's EPR plan and the registration details with SPCB.
• CPCB must ensure that producers, including those who supply Batteries through distance contracts, must comply with the Battery Waste Management Rules, 2022.
• CPCBcan cancels or/and suspend the registration or/and impose Environmental Compensation, in case of non-compliance with EPR obligations, after giving enough opportunity of being heard.
• The Board must ensure that renewal or registration is done unless otherwise cancelled and/or suspended under these rules. Also, the renewal/registration is deemed granted if not objected to within two weeks.
• CPCB can cancel and/or suspend the registration of the producer or/and impose Environmental Compensation if the registered entity violates these rules.
• The Board must conduct a data audit, including using information from the GST Network portal, of the registered entity by a designated agency or itself.
• Application made against the orders of CPCB regarding cancellation or suspension of producer registration lies with the MoEF&CC. Also, this will be disposed of within forty-five days after the appeal submission.
• CPCBcan disposes of the appeal made by the refurbisher or recycler against the SPCB’s order regarding cancellation and/or suspension of registration within thirty days of receiving the application.
• The Joint Secretary, the officer equivalent in the MoEF&CC, and the Member Secretary in the CPCBshall be designated as an appellate authority.
• The Battery Waste Management Rules, 2022 hold the CPCB to publish and compile the data received yearly from the SPCB.
• CPCBmust issue guidelines for environmentally sound procedures for the storage, collection, refurbishment, transportation and recycling of waste batteries.
• The Board must publish the list of producers failing to meet EPR targets and obligations annually.
• Furthermore, the board shall develop a process for exchanging EPR certificates online. In addition, the CPCB must develop a mechanism to guarantee a regular dialogue between stakeholders in fulfilling responsibilities under these rules.
• The Board must establish an implementation committee to implement these rules effectively.
• CPCB must share the annual returns of producers and EPR Plans.
• The Board must publish guidelines about standards and technologies regarding the recycling and refurbishment of waste batteries.

Central Pollution Control Board will recommend the battery material recovery from recycling to MoEF based on commercial and technological viabilities.

Licenses and documents mentioned in the Battery Waste Management Rules, 2022

• The CPCB issues a certificate of registration in Form 1(B).
• Producer, an entity or any person involved in manufacturing must file for registration renewal in Form 1(A) before sixty days of its expiry. The application must be made on the centralised online portal. The CBCB, however, registers producers through an online portal in Form 1(B).
• The producer must provide an EPR plan in Form 1(C) to CPCBby 30th June every year for the battery manufactured in the previous financial year within three months of the Battery Waste Management Rules, 2022.
• The rules mandated the producer to file annual returns in Form 3 regarding the waste battery recycled, collected or refurbished with the CPCB and concerned SPSCB by 30th June of the next financial year.
• The rules, however, state that all recyclers must register with the SPCBvia the online portal. The registration certificate will be issued in Form 2(B).
• Recyclers must apply in Form 2(A) to the SPCB to obtain one-time registration.
• Recyclers and refurbishers must submit the quarterly returns in Form 4.
• A refurbisher must apply in Form 2(A) to the SPCB to obtain one-time registration. The certificate will be granted in Form 2(B).

Extended Producer Responsibility (EPR)

Extended Producer Responsibility (EPR) is a policy approach that holds the producers responsible for proper waste management. Under the Battery Waste Management Rules, 2022, the EPR mandates that all waste batteries be collected and sent for refurbishment/recycling. In addition, EPR prohibits disposal in incineration and landfills.

The rules further allot the responsibility to the battery producers for the recycling/refurbishing and collecting waste batteries and using the recovered materials from waste into new batteries. Thus, to meet the EPR obligations, producers can authorise any other entity or engage in recycling, collecting or refurbishing waste batteries.

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